Section 328 - Commercial beano hall1.Permit required. An individual, corporation, partnership or unincorporated association may not rent or lease space for profit to an organization registered under section 313-C to hold, conduct or operate "Beano" or "Bingo" unless a commercial beano hall permit is obtained from the Gambling Control Unit. [2019, c. 24, §2(AMD).]
2.Application. An individual, corporation, partnership or unincorporated association desiring to rent or lease space for profit for the purpose given in subsection 1 shall apply to the Gambling Control Unit for a commercial beano hall permit. The application must be on forms provided by the Gambling Control Unit, must contain the full name and address of the individual or entity seeking to be permitted and the location of the building or facility to be rented or leased. An applicant who is an individual shall list the individual's name and address. An applicant that is a corporation, partnership or unincorporated association shall also list the names and addresses of any owners with a 10% or greater interest in the corporation, partnership or unincorporated association seeking the permit. A. The applicant shall submit 2 fingerprint cards bearing the legible rolled and flat impression of the fingerprints of the owner, if the owner is an individual, of any owner who owns or controls a 50% or greater interest in the corporation, partnership or the unincorporated association, and, of the manager, if the manager is not the owner as previously described, prepared by a state or local public law enforcement agency to be forwarded to the State Bureau of Identification for the purpose of conducting state and national criminal history record checks. [1999, c. 74, §7(NEW).] [2017, c. 284, Pt. JJJJJ, §29(AMD).]
3.Renewal; change of ownership or manager. A permittee seeking to renew a permit shall submit an application, but is not required to submit additional fingerprint cards. The permittee is required to notify the Gambling Control Unit of any change in ownership or management of the commercial beano hall. The Gambling Control Unit may require additional information or fingerprint submission subsequent to a change in ownership or management. [2017, c. 284, Pt. JJJJJ, §29(AMD).]
4.Use of criminal history record. The Gambling Control Unit may use state and federal criminal history record information for the purpose of screening applicants. The Gambling Control Unit may refuse to issue or renew a permit for an individual, corporation, partnership or unincorporated association if an owner or manager has been found guilty of murder or a Class A, B or C crime or a violation of this chapter or Title 17-A, chapter 15, 29, 37 or 39 or a similar law in another state or jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred. [2017, c. 284, Pt. JJJJJ, §29(AMD).]
5.Duration of permit and fee. The Gambling Control Unit may issue a commercial beano hall permit for a calendar year for a fee of $500. [2017, c. 284, Pt. JJJJJ, §29(AMD).]
6.Membership in registered organization. The permittee or the permittee's employee may not be a member of an organization registered under section 313-C renting or leasing the commercial beano hall. [2019, c. 24, §3(AMD).]
7.Rent or lease amount. The permittee shall charge a registrant under section 313-C fair market value and may not charge based on the percentage of profit that the registrant makes for the rent or lease of a commercial beano hall. [2019, c. 24, §3(AMD).]
8.Exception. The requirements of this section do not apply to an agricultural fair association that qualifies for registration and operates "beano" or "bingo" games pursuant to section 313. The requirements of this section do not apply to a veterans organization that leases its facility to another organization that is registered to operate "beano" or "bingo" games pursuant to section 313. [2019, c. 24, §4(AMD).]
Amended by 2019, c. 24,§ 4, eff. 4/11/2019.Amended by 2019, c. 24,§ 3, eff. 4/11/2019.Amended by 2019, c. 24,§ 2, eff. 4/11/2019.Amended by 2017, c. 284,§ JJJJJ-29 and § JJJJJ-30, eff. 7/4/2017.