Sec. 692.305. - Use of premises.

A premises may be used to conduct bingo under the following conditions: (a) Bingo shall not be conducted between the hours of 12:00 midnight and 9:00 a.m. (b) Bingo may be conducted on Sunday. (c) Not more than one licensed organization shall lease any premises for the conduct of bingo in any 24-hour period, and no other licensed 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. (d) A premises shall be leased, rented or used for the conduct of bingo only if the lessor has included the premises on his application for the class C license. (e) The rental fee for the lease of any premises on which bingo games are to be conducted shall not be calculated on a percentage basis of the seating capacity of the leased premises, of 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 fair market value of the leasehold interest. (f) 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 (e) of this Section shall apply, except that the amount paid for the lease may exceed the fair market value of the leasehold interest by not more than 15 percent. (g) When a lessor rents or leases any premises to more than one licensed 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 organization is allowed to do so, the total rental fee for all the leases together shall not exceed the limitations contained in subsections (e) and (f) of this Section. The Sheriff may authorize a lessor to exceed the limitations contained in subsections (e) and (f) of this Section only upon: (1) A showing by the lessor that economic hardship would otherwise result. (2) A finding by the Sheriff that an authorization pursuant to this sentence will not be contrary to the public interest. (h) The lessor or the operator may provide, or may license a concessionaire to provide, food and non-alcoholic 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; provided, that if the items are sold for a price, the operator may not require that any of the items be purchased as a condition of playing a bingo game. If a concessionaire is licensed to provide the items, neither the concessionaire nor an officer, director, stockholder, employee or other person having an interest in the concessionaire shall conduct, assist or participate in the conduct of bingo, or render any service (other than as the licensed concessionaire) or offer, distribute or give anything of value (other than the food and non-alcoholic beverage items it is licensed to provide) to anyone conducting, assisting or participating in the conduct of bingo or to any member of a licensed organization. Payments by a concessionaire to a lessor or operator under and strictly according to the terms of the concession license shall not be deemed an unlawful contribution to or interest in bingo, and all payments shall be shown by the recipient lessor or operator on the financial statements required by Sections 692.303 (d) and 692.304 (e). All concession licenses or concession agreements shall be in writing, and the lessor or operator shall keep an executed copy thereof in the records he is required by Section 692.303 (e) or Section 692.304 (d) to maintain. (Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1) Note— Former § 405.305.