Title 9 Part 4822

No agreements or arrangements for the rental or use of premises for the conduct of bingo shall be valid and no monies paid by licensed authorized organizations for rental or use of premises shall be allowable expenditures in determining net proceeds unless made in accordance with the provisions of this Chapter.

No agreement or arrangement for the use of premises for the conduct of bingo shall provide that the rental or charge for the use of such premises be on a percentage basis or according to the number of persons attending any occasion.

No bingo games shall be conducted on or within any leased premises if rental under such lease is to be paid wholly or partly, on the basis of a percentage of the receipts or net profits derived from the conduct of such games.

No premises shall be used or allowed to be used for the conduct of bingo unless the same are either:

Every licensed authorized organization that rents its premises for the conduct of bingo shall execute and file form BC-7 in the manner prescribed in section 4821.1 of this Chapter, so as to reflect such organization’s gross rental income and amounts expended for janitorial services and utility supplies.

No licensed authorized organization that has had its identification number or bingo license revoked shall, after 30 days of the effective date of revocation, rent or allow the use of such organization’s premises for the conduct of bingo.

No licensed authorized organization that has voluntarily suspended the conduct of bingo for a period beyond three continuous months or has had such organization’s bingo license suspended by competent authority for a period beyond six months, or indefinitely, shall rent or allow the use of such organization’s premises for the conduct of bingo.

No premises shall be rented or allowed to be used for the conduct of bingo unless all of the terms and conditions of such rental or use are set forth in a written agreement on form BC-116 as prescribed by the commission. Any and all changes, modifications or additions to said form BC-116 must be submitted in writing in advance to the licensing authority and the commission for approval prior to execution. The term of such agreement shall run concurrently with and not beyond the expiration of the lessor's license. Under no circumstances shall the agreement provide for a rental in excess of the schedule appearing in the lessor's license.

No agreement for the rental or use of any premises for the conduct of bingo shall be valid unless the entire agreement is in writing, signed by the parties thereto, executed copies of which have been filed with the licensing authority and the commission at least 15 days prior to the date of, any occupancy or use thereunder. Where the proposed agreement is between two licensed authorized organizations, application must first be made by the lessor to the licensing authority to obtain approval of the rent to be charged, which application must be accompanied by a copy of the proposed agreement. The licensing authority shall consult with the commission prior to approving any rental agreement.

No agreement for the rental for use of any premises for the conduct of bingo shall be valid unless the same shall contain the following provisions, terms and conditions:

No agreement for the rental or use of premises for the conduct of bingo shall be valid for a period beyond one calendar year from the effective date thereof. A licensed authorized organization shall not be denied the right to a renewal of its agreement for rental or use of the lessor's licensed premises for the conduct of bingo unless good and sufficient cause is shown by the lessor upon application to the municipal licensing authority.

Every authorized commercial lessor shall keep and maintain a register in which shall be entered a record of all days reserved for rental to or use by any licensed authorized organization for the conduct of bingo and a record of rental and use, which record shall indicate:

On or before the 10th day of each month, every authorized commercial lessor shall file a statement of bingo rental receipts for the preceding month on form BC-204 as prescribed by the commission or facsimile of same with the licensing authority of the municipality where the premises are located disclosing:

No lessor shall make such lessor’s premises available for the conduct of bingo to other than an authorized organization licensed to conduct bingo.

No lessor or any person having an interest in the lessor or any officer, director, stockholder, employee, or agent of the lessor or any person connected with any of the foregoing, shall loan, advance or give money or anything of value to, or borrow money or anything of value from, any authorized organization licensed to conduct bingo or any person who is an officer of any such organization or who is in charge of or assists in the conduct of bingo, nor guarantee or endorse any note or indemnify or agree to indemnify the licensed authorized organization against any loss incurred in such licensed organization’s bingo operations.

An applicant for a license as an authorized commercial lessor, shall, during the pendency of the application, notify the licensing authority 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 licensing authority within 10 days of the date of the change. Furthermore, every licensed authorized commercial lessor shall notify the licensing authority 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 thhat has been granted.

Every authorized commercial lessor holding a license shall, at the request of the commission or the licensing authority where the premises are located, file such forms and furnish such information as may be required from time to time for the purposes of maintaining current and reliable information as to the continuance of the qualifications required for such license. Failure to file such forms or furnish such information shall constitute sufficient cause for suspension or revocation of a license that has been granted.

A licensed authorized commercial lessor must prominently display its license or any amendment thereof on the premises where bingo is conducted.

Rentals must be collected by the lessor within 48 hours after the holding the bingo occasion.

The principals and all employees of the licensed commercial lessor and the food facility operator shall wear badges approved by the commission, containing the name of the wearer, the wearer’s title or employment, photograph and the name of the licensed commercial lessor or food facility operator. Guards furnished by a watch, guard or patrol agency under contract to provide such service must have a badge and/or insignia indicating (a) the name of the agency-employer and (b) the name of the guard. Such badges or insignia shall be worn and visible to the public at all times when such persons are on the premises of the licensed commercial lessor.

The parties to any leasing agreement for the food facility located on the premises or serving the premises where bingo is conducted must be the licensed commercial lessor and the operator of the food facility. All such leases must be approved by the commission.

Any organization conducting bingo in a leased premises, or any lessor of premises for the conduct of bingo, that cashes or accepts any public assistance check or electronic benefit transfer device issued by a public welfare official or department, or agent thereof, as and for public assistance, as proscribed by section 151 of the Social Services Law, shall be disciplined by the commission. Such discipline may include one or more of the following actions: