N.J. Admin. Code § 13:47-14.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:47-14.3 - Regulations concerning rentals

(a) No agreements or arrangements for the rental or use of premises for the playing of bingo shall be valid and no moneys paid by licensed organizations for such rental or use or services shall be allowable expenditures to be taken into account in determining net proceeds unless made in accordance with the provisions of the rules and regulations of this Chapter.

(b) No premises shall be used or allowed to be used for the conduct of bingo unless the same are either owned by the licensed organization conducting the games or rented or supplied in compliance with the provisions of the statute and the rules and regulations of this Chapter.

(c) No rentor shall rent, or allow the use of, any premises for bingo to be conducted by a licensed organization unless such rentor is either itself a qualified organization holding a valid license issued by a municipality in this State for the conduct of bingo for a period including the date of such rental or use, or is a licensed rentor holding a valid license issued by the Commission for the specific premises.

(d) No premises shall be rented or allowed to be used unless all of the terms and conditions of such rental or use are set forth in a written agreement.

(e) No agreement for the rental or use of any premises for bingo shall be valid unless the entire agreement is in writing, signed by the parties thereto, and an executed copy filed with the Commission at least 15 days prior to the date of any occupancy or use thereunder.

(f) No agreement for the rental or use of any premises for bingo shall be valid unless the same shall contain the following provisions, terms and conditions:

1. That neither the rentor nor the owner of the premises will make any charge, or receive or accept, any money or other valuable thing from the licensed organization other than the payments expressly provided in such agreement;

2. That neither the rentor nor the owner of the premises will enter into any arrangement or transaction with the licensed organization other than for the rental of premises, which includes the rental of chairs and tables and janitor service as set out in the agreement;

3. That neither the rentor nor any person having an interest in the rentor, or the owner, or any person having an interest in the owner, nor any office, director, stockholder, employee, agent or servant of the rentor or owner shall conduct, participate or assist in the conduct of bingo or render any service to anyone conducting, participating or assisting in the conduct of bingo at any time during the calendar year in which such agreement is made or during which the same may be in force; but this requirement shall apply only to a commercial rentor;

4. That no payments shall be made to the rentor or owner or accepted by the rentor or owner except by check;

5. That the rentor will not allow the presence on the premises of any person or persons directed by the Commission to be kept off the premises;

6. That all of the terms, covenants and conditions of the agreement shall be subject to amendment, supplement, modification or change as may be required by any rule, regulation or specific order of the Commission thereafter adopted or entered, but in any such event either party to the agreement shall be entitled to terminate the agreement at any time thereafter on seven days' notice;

7. That the rentor and owner shall at all times comply with any rule, regulation or specific order of the Commission thereafter adopted or entered and applicable to the rentor or owner;

8. That any person, whether a rentor or owner, who shall receive any money or other valuable thing directly or indirectly from the licensed organization on or after the date on which such rentor or owner shall violate any term, covenant or condition of the agreement, or of any rule, regulation or specific order of the Commission, applicable to such rentor or owner, shall be obliged to repay and refund any and all sums and things so received from the date of such violation and until such violation shall cease, to the licensed organization upon request of such licensed organization or the Commission;

9. That the licensed organization may cancel in accordance with the rules and regulations of this Chapter any date scheduled for the conduct of bingo on the premises without being obliged to make any payment for such date;

10. That except as provided in N.J.A.C. 13:47-6.13 and 6.14, neither the renter nor the owner of the premises will in any way advertise or announce, or allow any other person to advertise or announce, by any means which come to the attention of the public, that the premises are used, or are available for rental or use for the conduct of bingo;

11. A statement listing the commercial rentor's license number or the bingo license of a licensed organization rentor, as the case may be, the identification number and bingo license number of the organization to which the premises are rented.

(g) No agreement for the rental or use of premises for the conduct of bingo shall be valid for a period beyond one calendar year from the effective date thereof.

(h) Every rentor shall keep and maintain a register in which there shall be entered a record of all dates reserved for rental to or use by any licensed organization for the conduct or playing of bingo and a record of rental and use, which record shall indicate:

1. The date and portion of the day reserved;

2. The name, identification number and license number for the licensed organization;

3. The amount to be charged for the rental or use;

4. The date of the agreement for rental or use and its filing number;

5. A statement whether the premises were so used on the specified date;

6. A description of the check received in payment of the rental or charge made, including date, bank, payee, and amount.

(i) A $ 20.00 fee, in the form of a certified check payable to the Legalized Games of Chance Control Commission, shall be forwarded by the renter to the Commission for each occasion on which bingo games are held, pursuant to N.J.S.A. 5:8-24 et seq. Payment of this fee shall be made no later than the 10th day of the month immediately following the month in which the premises was used for the holding, operating or conducting of bingo together with a statement disclosing:

1. Location of premises and name of person receiving payment;

2. Date and amount of payment received and description of method of payment;

3. Name, identification number and bingo license number of organization which conducted bingo;

4. Date when bingo was conducted; and

5. The commercial renter's license number issued by the Control Commission for the premises.

(j) No rentor shall allow or permit bingo to be conducted or played on premises rented for that purpose unless there shall be in existence a valid license for the conduct of the games by the organization actually conducting the same and unless the aid license is prominently displayed on the premises during the conduct of the game as required by the rules and regulations applicable.

(k) No rentor shall lend money to or borrow money from any organization licensed to conduct bingo games, or any person who is an officer of any such organization or who is in charge of or assists in the conduct of the games, so long as such rentor shall rent, or offer to rent or allow the use of premises for the conduct or playing of bingo.

(l) A rentor which is itself licensed to hold, operate or conduct games of chance under the Bingo Licensing Law, and which executes and files with the Commission a declaration of trust, in such form as it may require, stating that it will devote the entire gross rentals received by it for the rental or use of premises, exclusively to one or more authorized purposes expressly identified in such declaration and approved by the Commission, need not submit any data or information to support the fairness and reasonableness of the rental or other payment to be received.

(m) Every commercial rentor shall promptly notify the Commission of any change in its organization structure or mode of operation, and of any change in the identity of the persons named or required to be named in the application or of the nature or extent of their interest as set forth in the application.

(n) Every rentor holding a license shall, at the Commission's request, file such forms and furnish such information as may be required from time to time for the purpose of maintaining current and reliable information as to the continuance of the qualifications required for such license.

(o) Qualified organizations registered with the Control Commission may donate their premises to another qualified organization, licensed to conduct bingo, but may not make any change for services rendered or otherwise.

(p) A rentor must post the license on the premises where bingo is played.

(q) Rentals must be collected by the commercial rentor within 48 hours after the holding of the bingo occasion.

N.J. Admin. Code § 13:47-14.3

Amended by R.1987 d.230, effective 6/1/1987.
See: 18 N.J.R. 1180(b), 19 N.J.R. 987(a).
(b) amended to have Bingo twice a day.
Amended by R.1989 d.562, effective 11/6/1989.
See: 21 N.J.R. 2233(a), 21 N.J.R. 3475(b).
In (j): Added new language regarding $ 5.00 fee. Old text concerned requirement about filing a statement of receipt of payment for rentals for bingo games.
Amended by R.1995 d.41, effective 1/17/1995.
See: 26 N.J.R. 4326(a), 27 N.J.R. 374(a).
Amended by R.1996 d.481, effective 10/7/1996.
See: 28 N.J.R. 3711(a), 28 N.J.R. 4486(a).
Amended by R.2002 d.258, effective 8/5/2002.
See: 34 N.J.R. 986(a), 34 N.J.R. 2864(a).
In (f)10, inserted "except as provided in N.J.A.C. 13:47-6.13 and 6.14," preceding "neither the renter".
Amended by R.2006 d.294, effective 8/21/2006.
See: 38 N.J.R. 1535(a), 38 N.J.R. 3310(a).
In the introductory paragraph of (i), substituted "$ 20.00" for "$ 10.00".