§ 14-83. Lessor's permit.

(a)

It shall be unlawful for any lessor to rent or provide space to, or permit its premises to be utilized by, an operator without first obtaining a valid permit from the code compliance division.

(b)

In order to receive such permit, the lessor shall tender to the code compliance division a sketch of the premises to be used, showing the square footage that will be used for bingo games and further showing the availability of minimum off-street parking spaces, as required by the land development regulations. In addition, the lessor shall provide the following information under oath each year:

(1)

Complete information as to the rentals and other financial benefits received from any operators using the premises during the preceding twelve (12) months.

(2)

[Type of lessor.]

a.

If the lessor is a corporation, the names and addresses of its officers and directors and a true and correct copy of its articles of incorporation and bylaws;

b.

If the lessor is a partnership, the names and addresses of all the partners and a copy of the partnership agreement;

c.

If the operator is not a corporation or partnership, the names and addresses of all persons who constitute the operator, and any agreement or document under which the operator exists or conducts itself.

(3)

The addresses of all premises leased or owned by the lessor in which bingo games are performed, the days of the week in which any and all operators perform, conduct or supervise bingo games, and the names and addresses of all bingo operators.

(4)

The names and addresses of all persons, firms, corporations or business entities owning, directly or indirectly, ten (10) percent or more of lessor.

(5)

A financial statement of the lessor evidencing the amount and sources of the previous year's gross revenue and all expenses paid. This statement shall be audited.

(6)

The name or names of the proposed operator(s) at the premises for which the permit will be issued and a detailed statement setting forth such operator'(s)' legal qualifications to conduct bingo games under state law.

(7)

The days of the week on which each operator shall be operating.

(8)

If the days of the week on which each operator shall be operating shall change, or if an operator shall cease to operate the lessor's space, or if a lease shall be issued to a new operator, the lessor shall amend its application within seven (7) days thereafter. If a lease to a new operator shall be issued, the annual fee shall be increased to reflect this change. No increase shall be pro-rata.

(c)

The cost of the permit shall be fifty dollars ($50.00) per day for each day of the week that the lessor leases to an operator.

(d)

The permit shall be effective for a period of not more than twelve (12) months from the date of issuance, and shall expire on September 30 of each year.

(e)

The city police department shall conduct a background investigation of the applicant and shall report to the code compliance division the results of the background investigation and recommend approval or denial of the application.

(f)

At the expiration of the permit, a new application shall be required, which shall contain all of the information required for issuance of the original permit, and an investigation will be conducted by the city police department prior to the issuance of a new permit.

(Ord. No. 95-122, § 1, 4-24-95)