Sec. 692.304. - 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 C license under this Chapter, which license shall not be under suspension or permanently or conditionally revoked. This requirement for a class C license shall not apply when a licensed organization holding a class A or class B 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, employer 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 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 City, which shall be maintained separate and apart from all other accounts of the lessor and shall not be used for the deposit of funds received from any other activity 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 Sheriff, 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 the executed leases or agreements, if any, for that premises. These records shall be made available on demand for immediate inspection by the Sheriff or his 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 Sheriff. (e) Financial statement; other reports. Annually, or more frequently if the Sheriff requires, each lessor shall file with the Sheriff a financial statement, in the form prescribed by the Sheriff, 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 twelve-month or other period for which the statement is being filed and stating the actual business expenses related to the premises. This 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 Sheriff from requiring the filing of an audited financial statement whenever he determines that an audited financial statement is necessary to enable him to ascertain whether the lessor is obeying the law and the rules promulgated under the authority of Section 692.201 . The Sheriff may also require a lessor to submit other reports, on a periodic basis or upon demand by the Sheriff, 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. (Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1) Note— Former § 405.304.