§ 10-133. Lessors.

(a)

Licensure required. It shall be unlawful for a person to lease, sublease, assign or rent any premises for the conduct of bingo, or agree to the use of any premises for the conduct of bingo, unless the person shall have a current and valid Class B license issued under this article, which license shall not be under suspension or permanently or conditionally revoked. The holder of a Class B license who owns the premises approved for the conduct of bingo under the Class B license may not lease or otherwise permit those premises to be used for the conduct of bingo more than two calendar days in one week. This requirement for a Class B license shall not apply when a licensed organization holding a Class A license is the owner of the premises upon which it conducts bingo games only and solely for its own benefit.

(b)

Interest in bingo prohibited. No lessor and no officer, director, stockholder, employee thereof or any other person having an interest in the lessor shall conduct, assist or participate in the conduct of bingo or render any service or offer, distribute or give anything of value to anyone conducting, assisting or participating in the conduct of bingo or to any member of a licensed charitable organization, authorized organization or associational group or organization.

(c)

Separate bank account. The entire proceeds derived by a lessor from the leasing of premises upon which bingo is conducted shall be deposited in a checking account in a bank located within the county, which shall be maintained separate and apart from all other amounts of the lessor and shall not be used for the deposit of funds received from any activity other than the leasing of premises for the conduct of bingo. If the lessor is other than an individual, two of the principal officers or partners shall be required to sign all checks, drafts and other instruments withdrawing or transferring funds from the checking account, without exception. The provisions of this subsection shall not preclude the periodic withdrawal or transfer of the net proceeds, after payment of the actual business expenses related to the premises from which the funds were derived, for the use of the lessor.

(d)

Maintenance of records. A lessor shall maintain adequate records according to generally accepted accounting practices and in a form prescribed by the county, which records shall show all gross proceeds, actual business expenses and the entire or net proceeds from leases or rentals of premises for the conduct of bingo, and which shall also include copies of the executed leases or agreements, if any, for such premises. These records shall be made available on demand for immediate inspection by the county or its authorized representative at reasonable times during normal business hours. All records shall be maintained by the lessor for a minimum time of three years or for such longer period as may be required by the county.

(e)

Financial statement; other reports. Annually, or more frequently if the county requires, each lessor shall file with the county a financial statement, in the form prescribed by the county, containing the sources and the amount of the gross revenue derived by the lessor from the leasing of premises for the conduct of bingo during the 12-month or other period for which the statement is being filed and stating the actual business expenses related to the premises. The financial statement shall be certified as correct by a principal officer, one of the partners or one who controls the lessor, but need not be audited, provided that the foregoing language shall not prohibit a lessor from filing an audited financial statement nor the county from requiring the filing of an audited financial statement whenever it determines that an audited financial statement is necessary to enable it to ascertain whether the lessor is obeying the law and the rules promulgated under the authority of section 10-114. The county may also require a lessor to submit other reports, on a periodic basis or upon demand by the county, concerning the activities connected with or related to the leasing of premises for the conduct of bingo, which reports shall be certified as prescribed for financial statements, but need not be audited. However, as in the case of financial statements the county shall have the right to require such reports to be audited.

(Ord. No. 95-25, § 23, 5-25-95)