464.510 Regulation of rent; inspection of premises and records; rules; reports
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464.510 Regulation of rent; inspection of premises and records; rules; reports.
(1)The Department of Justice may prohibit the operation of a licensed bingo, lotto, raffle or Monte Carlo event operation if, in the determination of the department, the rent for the premises on which the operation is conducted, or the fees for Monte Carlo event services or equipment by a supplier of gaming equipment, are unreasonably high. Rent may not be paid, either in whole or in part on the basis of a percentage of the receipts or profits derived from the bingo, lotto, raffle or Monte Carlo event operation. The department may by rule establish additional standards of suitability for premises used in the conduct of bingo, lotto, raffles or Monte Carlo events.
(2)As used in subsection
(1)of this section, “unreasonably high” means that the price charged for the space, equipment or services is significantly above the fair market value for the space, equipment or services and the amount charged for the space, equipment or services will result in a comparatively small profit for the licensee.
(3)Rent may not be paid to a related taxpayer, as that term is defined in Section 1239 of the Internal Revenue Code as amended and in effect on December 31, 1996.
(4)An organization conducting a bingo, lotto, raffle or Monte Carlo event operation shall keep such records of the operation as required by the Department of Justice.
(5)The premises on which the operation is conducted and all records required by the department shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand by the department or its designee or the district attorney for the county in which the operation is conducted or the district attorney’s designee. The records shall be subject to inspection and audit also by the Superintendent of State Police or the superintendent’s designee and by the sheriff of the county in which the operation is conducted or the chief of police of the city in which the operation is conducted, or the designee of either, for the purpose of determining compliance or noncompliance with state law and the rules of the department.
(6)As used in this section, “reasonable time” for inspection of records includes but is not limited to:
(a)If the records are located anywhere upon premises, a portion of which are regularly open to the public or to members and guests, anytime that the premises are open for business, whether or not bingo, lotto, raffles or Monte Carlo events are being conducted at that time; and
(b)If the records are not located upon premises described in paragraph
(a)of this subsection, then anytime between the hours of 8 a.m. and 9 p.m., Monday through Friday.
(7)The operator of a bingo, lotto, raffle or Monte Carlo event operation shall provide to the department, at such reasonable intervals as the department may determine, reports detailing all receipts and disbursements in connection with the bingo, lotto, raffle or Monte Carlo event operation, together with such other reasonable information as the department may require in order to determine whether the operation complies with the provisions of state law and rules of the department relating to the operation of bingo, lotto, raffles or Monte Carlo events. [1987 c.914 §17(2) to (7); 1989 c.171 §95; 1997 c.839 §68; 1997 c.867 §16; 2003 c.417 §4]