Title 9 Part 4815

No person, firm or corporation shall sell or distribute bingo supplies or equipment to any authorized organization licensed to conduct bingo without having first obtained a license therefor as provided in the Bingo Control Law and this Chapter.

Application for a license as a bingo supplier shall be made on form BC-106 as prescribed by the commission. The application with supporting material as set forth in this Part, shall be filed in duplicate with the commission.

Where the applicant is an individual, the application shall be accompanied by an individual statement on form BC-103. Where the applicant is a partnership, association, joint venture or any business entity other than a corporation, the application shall be accompanied by a business entity statement on form BC-104. Each person named in form BC-104 shall file an individual statement on form BC-103.

If the applicant is a corporation, the application shall be accompanied by a corporation statement on form BC-105. Each stockholder shall file an individual statement on form BC-103.

The application shall be accompanied by a statement on form BC-108 as prescribed by the commission, containing a list of all employees, agents or representatives of the applicant.

No license as a bingo supplier shall be granted:

The commission may hold hearings at which the applicant, or if the applicant is a corporation, its officers, directors, and stockholders shall appear and testify under oath respecting the contents of the application.

When the commission has determined that the applicant possesses the requisite qualifications to receive a license, the commission shall issue a license as a bingo supplier upon payment by the applicant of a license fee to be determined in accordance with the schedule contained in the Bingo Control Law.

If the application is not approved, the commission shall give due notice to the applicant, in writing, of a hearing to be held upon the qualifications of the applicant and the merits of the application. At the hearing the burden of proof shall be on the applicant to establish eligibility for a license.

Any license as a bingo supplier issued pursuant to the Bingo Control Law may be revoked or suspended for such period as the commission deems in the public interest for any of the following acts or omissions on the part of the licensee, the licensee’s agents or employees, or any person required by the Bingo Control Law or this Chapter to sign or be identified in an original application for a license:

No person who is directly or indirectly connected with the manufacture, sale or distribution of bingo equipment or supplies or such person’s agents or employees shall conduct, participate, advise or assist in the conduct of bingo, render any service or give or loan money or anything of value, whether directly or indirectly to a commercial lessor, agent or representative, or to anyone conducting, participating or assisting in the conduct of bingo, or prepare any form pertaining to bingo. This shall not be construed so as to prohibit a licensed manufacturer or supplier from selling, offering for sale, or explaining a product to a licensed authorized organization or installing or servicing bingo equipment upon the premises of a licensed authorized organization.

An applicant for a license as a bingo supplier shall, during the pendency of the application, notify the commission immediately of any change respecting any facts set forth in the application. If any such change occurs after the issuance of the license applied for, the change must be reported to the commission within 10 days of the date of the change. Furthermore, every licensed bingo supplier shall notify the commission of any change in its organization, structure, mode of operation, or of any change in the identity of persons named or required to be named in the application, or of the nature or extent of their interest, or of any other change respecting any facts set forth in the application, within 10 days of the date of such change. Failure to give the notice herein provided shall constitute sufficient cause for denial of a pending license or suspension or revocation of a license that has been granted.

All licensed bingo suppliers shall maintain their books and records in such manner as to enable the commission to determine the gross sales of bingo equipment and supplies to authorized organizations duly licensed to conduct bingo games in the State of New York.

All licensed bingo suppliers, their duly authorized agents, salesmen and representatives are forbidden to be present during the conduct of bingo for the transaction of business, except if authorized by the licensed authorized organization.

A licensee as a bingo supplier shall be valid for a period not exceeding one year or until revoked or suspended by the commission.

The commission may issue a temporary permit to an applicant pending final action on the application. Any such temporary permit shall be valid until withdrawn by the commission.

A license as a bingo supplier shall be issued on form BC-107 as prescribed by the commission.

At the end of the license period, a recapitulation shall be made as between the licensee and the commission with respect to the gross sales recorded during the license period and the license fee previously paid. Any deficiency of fee thereby established to be due shall be paid by the licensee and, should said licensee apply for a license for a subsequent year, and in that event only, shall any excess of fee be credited to said applicant.

No licensed supplier shall sell any type of bingo card unless there is printed thereon the name, mark or symbol of the printer or manufacturer which name, mark or symbol has been registered with the commission.

A licensed supplier shall not agree to or sell or distribute bingo supplies or equipment at less than fair market value.