N.Y. Comp. Codes R. & Regs. tit. 9 § 4822.11

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4822.11 - Mandatory provisions

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

(a) that the lessor will make no charge, nor receive nor accept any money or anything of value from the licensed authorized organization other than the payment expressly provided in such agreement;

(b) that the lessor will enter into no agreement, arrangement or transaction with a licensed authorized organization other than for the rental of premises which includes the rental of chairs and tables and janitorial services as provided in the agreement, and a schedule of bingo equipment furnished, if any, and public liability insurance provided, if any;

(c) that neither the lessor nor any person having an interest in the lessor nor any officer, director, stockholder, employee, or agent of the lessor or a person married or related in the first degree to such a person, shall conduct, participate, advise or assist in the conduct of bingo, render any service, or loan money or anything of value to anyone conducting, participating or assisting in the conduct of bingo or prepare any form pertaining to bingo at any time during which the same may be in effect. The provisions of this subdivision shall not apply to any real estate holding corporation of any authorized organization as defined in the Bingo Licensing Law;

(d) that no payments shall be made to the lessor or accepted by the lessor except by check;

(e) that the licensed authorized organization will not allow on the premises during the conduct of bingo any person or persons directed by the licensing authority or the commission to be kept off the premises;

(f) 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 statute, rule, regulation, directive or order of the State of New York, the commission or the licensing authority, thereafter enacted or adopted, but in that event either party to the agreement shall be entitled to terminate the agreement at any time thereafter on seven days' written notice;

(g) that the lessor shall at all times comply with every statute, rule, regulation, directive or order enacted or adopted by the State of New York, the commission or the licensing authority, as it may apply to the lessor;

(h) that any lessor or any person having an interest in the lessor or any officer, director, stockholder, employee, or agent of the lessor or any one connected with the foregoing who shall receive any money or anything of value directly or indirectly from the licensed authorized organization on or after the date on which such lessor shall violate any term, covenant or condition of the agreement or of any statute, rule, regulation, directive or order enacted or adopted by the State of New York, the commission or the licensing authority applicable to such lessor, shall be required to repay and refund any and all monies and things of value so received from the date of such violation and until such violation shall cease, to the licensed authorized organization upon request of such organization, the commission or the licensing authority;

(i) a statement setting forth the authorized commercial lessor's license number and the identification number of the organization to which the premises are rented.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4822.11