§ 10-68. Use of premises.

Premises may be used to conduct bingo or instant bingo under the following conditions:

(1)

Bingo and instant bingo shall not be conducted between the hours of 12:00 midnight and 9:00 a.m.

(2)

No licensed charitable organization, authorized organization, associational group or organization or lessor will permit the conduct of bingo on any premises it owns or leases or licenses for the purpose of conducting bingo more than twice per week in any one week. This limitation applies to all premises whether owned, leased or licensed where the game of bingo is proposed to be conducted.

(3)

Bingo and/or instant bingo may be conducted on Sunday.

(4)

Not more than one licensed charitable organization, authorized organization or associational group or organization shall lease any premises for the conduct of bingo or instant bingo in any 24-hour period, and no other licensed charitable organization, authorized organization or associational group or organization shall conduct bingo or instant bingo upon the same premises in that time period. This subsection shall not extend to or affect the leasing, rental or use of premises for any other purpose than the conduct of bingo or instant bingo.

(5)

Premises shall be leased, rented or used for the conduct of bingo or instant bingo only if the lessor has indicated the premises on his application for the class B license.

(6)

The rental fee for the lease of any premises on which bingo or instant bingo games are to be conducted shall not be calculated on a percentage basis of the seating capacity of the leased premises or the game receipts before or after payment of the actual business expenses or of the number of persons attending any occasion that includes the play of bingo or instant bingo games. The amount paid for such lease shall not exceed the fair market value of the leasehold interest. The sheriff shall be authorized to require the lessor to demonstrate the manner or method by which the fair market rent was determined. The sheriff shall have the right to use the services of an appraiser to ascertain whether or not the rental charge represents a fair market rent for the premises.

(7)

When the rental fee for the lease of any premises on which bingo games or instant bingo are to be conducted includes the use of equipment, tables, chairs and other articles essential to the conduct of bingo or instant bingo, subsection (3) of this section shall apply, except that the amount paid for the lease may include a separate charge which shall not be greater than the fair market rental charge for such equipment. The sheriff may require the lessor to demonstrate the manner and method by which the fair market rental charge for such equipment was determined.

(8)

When a lessor rents or leases any premises to more than one licensed charitable organization, authorized organization or associational group or organization at a time so that each licensed organization is allowed to use the premises to conduct bingo or instant bingo for a specified period of time, after which another licensed charitable organization, authorized organization or associational group or organization is allowed to do so, the total rental fee for all leases together shall not exceed the limitations contained in subsections (5) and (6) of this section. The sheriff may authorize a lessor to exceed the limitations contained in subsections (5) and (6) of this section only upon:

a.

A showing by the lessor that economic hardship would otherwise result.

b.

A finding by the sheriff that an authorization pursuant to this subsection will not be contrary to the public interest.

(9)

The lessor may provide or may license a concessionaire to provide food and nonalcoholic beverages for the persons on the premises while bingo or instant bingo games are being conducted. These items shall be provided without cost or they may be sold for a price determined by the seller of the items. If the items are sold for a price, the lessor may not require that any of the items are purchased as a condition of playing a bingo or instant bingo game. If a concessionaire is licensed to provide the items, neither the concessionaire nor an officer, director, stockholder, employer or other person having an interest in the concessionaire shall conduct, assist or participate in the conduct of bingo or instant bingo or render any service, other than as the licensed concessionaire, or offer, distribute or give anything of value, other than the food and nonalcoholic beverage items he is licensed to provide, to anyone conducting, assisting or participating in the conduct of bingo or instant bingo or to any member of a licensed charitable organization, authorized organization or associational group or organization. Payments by a concessionaire to a lessor under and strictly according to the terms of the concession license shall not be deemed an unlawful contribution to or interest in bingo or instant bingo, and all payments shall be shown by the recipient lessor on the financial statements required by subsections 10-64(d) and 10-65(e). All concession licenses or concession agreements shall be in writing, and the lessor or charitable organization, authorized organization or associational group or organization shall keep an executed copy thereof in the records required by subsections 10-64(c) and 10-65(d) to be maintained.

(Code 1970, § 16½-103; Ord. No. 92-15, § 23, 10-27-92; Ord. No. 93-18, § 2, 6-8-93; Ord. No. 08-40, § 1, 9-23-08)