§ 10-164. 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 1:00 a.m. and 9:00 a.m.

(b)

Not more than one licensed organization shall lease any premises for the conduct of bingo in any twenty-four (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.

(c)

The rental fee for the lease on 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 that play of bingo games. The amount paid for such lease shall not exceed the fair market value of the leasehold interest. The county administrator shall be authorized to require the lessor to demonstrate the manner or method by which the fair market rent was determined. The county administrator 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.

(d)

When the actual 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 (c) 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 county administrator may require the lessor to demonstrate the manner and method by which the fair market rental charge for such equipment was determined.

(Ord. No. 99-35, § 14, 11-9-99)