16 Tex. Admin. Code § 402.409

Current through Register Vol. 49, No. 48, November 29, 2024

Section 402.409 - Amendment for Change of Premises or Occasions Due to Lease Termination or Abandonment

(a) An application for a license amendment filed jointly by a licensed authorized organization and a commercial lessor in accordance with Texas Occupations Code, § RSA 2001.108 must be:

(1) for the same premises, day(s), and time(s) that another licensed authorized organization that has ceased or will cease to conduct bingo is licensed to conduct bingo; and

(2) on a form prescribed by the Commission.

(b) For purposes of this section, "abandonment" means a licensed authorized organization's relinquishment of its licensed playing day(s) and time(s) at a bingo premises on the day(s) and time(s) under the license and lease agreement then in effect.

(c) The application described in subsection (a) of this section must include:

(1) notice to the Commission of the abandonment of licensed playing day(s) and time(s) or premises or lease termination on the appropriate form prescribed by the Commission;

(2) a copy of written notification sent by the commercial lessor to the currently licensed authorized organization stating that the organization's lease has been terminated, if applicable;

(3) a statement that the applicants have sent a copy of the application to the licensed authorized organization ceasing to conduct charitable bingo;

(4) additional supporting documentation related to the lease termination or abandonment of the premises, such as:

(A) correspondence from the licensed authorized organization that abandoned the time or premises indicating intent to abandon or other facts that could lead a reasonable person to conclude that the licensed authorized organization has abandoned its licensed premises, day(s), and time(s); and

(B) certified statements from persons with direct knowledge of pertinent events.

(5) the license of the organization that has ceased or will cease conducting bingo, if available.

(d) An application under this section is considered filed on the date the completed application and all documents listed in subsection (c) of this section are received by the Commission.

(e) The Commission will act on a joint application filed under this section:

(1) no later than fourteen calendar days after the date an application relating to abandonment is filed with the Commission; or

(2) no later than fourteen calendar days after the date an application relating to lease termination has been filed with the Commission or the effective date of the licensed authorized organization's lease termination, whichever is later.

(f) The Commission will act on a joint application filed under this section and notify the applicants by:

(1) requesting additional information;

(2) denying the application; or

(3) issuing an amended license.

(g) If the Commission fails to act timely on an application submitted in accordance with Texas Occupations Code, § RSA 2001.108 and this section, the applicant licensed authorized organization may conduct bingo at the new premises or during the new bingo occasion until the Commission acts on the application. In such instance, the licensed authorized organization:

(1) should submit written notification to the Commission of its commencement of the conduct of bingo for the specified date(s), time(s), and premises identified on the pending application.

(2) must conspicuously display a copy of the written notification to the Commission at the applied for premises at which bingo is conducted at all times during the conduct of bingo.

(h) The applicant licensed authorized organization must immediately cease conducting bingo for the specified day(s), time(s), and premises identified on the application upon receipt of written notification that the Commission denies the application or requests more information.

(i) The denial of an application under this section does not affect a licensed authorized organization's existing regular license.

16 Tex. Admin. Code § 402.409

The provisions of this §402.409 adopted to be effective March 16, 2009, 34 TexReg 1848; amended to be effective January 28, 2010, 35 TexReg 482