§ 10-134. Use of premises.

A premise may be used to conduct bingo only under the following conditions:

(1)

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

(2)

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

(3)

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

(4)

The rent for the lease of any premise on which 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 games. The amount paid for such lease shall not exceed the range for fair market value of the retail commercial premises in the county. The county shall be authorized to require the lessor to demonstrate the manner or method by which the fair market rent was determined. The county shall have the right to use the services of an appraiser to ascertain whether or not the rental charge is within the range of fair market rent charged for commercial premises in the county.

(5)

When the rental fee for the lease of any premises on which bingo games are to be conducted includes the use of equipment, tables, chairs and other articles essential to the conduct of bingo, the provisions of subsection (4) shall apply, except that the amount paid for the lease may include a separate charge which shall not be greater than the range of fair market rental charges for such equipment. The county may require the lessor to demonstrate the manner and method by which the fair market rental charge for such equipment was determined.

(6)

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 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 rent rate for all leases together shall not exceed the limitations contained in subsections (4) and (5).

(7)

The lessor may provide a concessionaire to provide food and nonalcoholic beverages for the persons on the premises while 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, neither the lessor nor the Class A license holder may require that any of the items be purchased as a condition of playing a bingo game. All 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 to be maintained under section 10-131(5) and section 10-132(d).

(Ord. No. 95-25, § 24, 5-25-95)