(1) A person other than a landlord licensee shall not rent or offer to rent to any bingo-raffle licensee any premises to be used to conduct games of chance. A lease of the premises for a bingo occasion must be for a period of at least five consecutive hours unless the landlord licensee and bingo-raffle licensee agree to a shorter or longer period. The amount of rent to be charged, and the method used to calculate such rent, shall be established by agreement between the parties.
No landlord licensee or any employee of a landlord licensee shall require, induce, orcoerce a bingo-raffle licensee to enter into any contract, agreement, or lease contrary to this part 6.
No landlord licensee or any employee of a landlord licensee shall require, induce, orcoerce a bingo-raffle licensee to purchase supplies or equipment, or to purchase or lease electronic devices used as aids in the game of bingo, from a particular supplier, distributor, or manufacturer as a condition of conducting games of chance at a commercial bingo facility.
Rent charged to a bingo-raffle licensee by a landlord licensee for the use of a commercial bingo facility shall cover all expenses and items reasonably necessary for the use of the commercial bingo facility for a bingo occasion including, but not limited to, insurance and maintenance for such facility, adequate and secure storage space, restrooms, janitorial services, and utilities.
No activity or business other than licensed games of chance may be conducted in acommercial bingo facility within space leased to a bingo-raffle licensee during the time allocated to the bingo-raffle licensee with the exception of the sale of food, beverages, bingo-related merchandise and supplies, the operation of an automated cash service device, and such other activities and businesses as the bingo-raffle licensee may agree to. A landlord licensee may conduct other businesses and activities in space not included in the bingo-raffle licensee's rental agreement and in which games of chance are not held.
A landlord licensee or any employee or agent of a landlord licensee shall not be aparty responsible for or assisting with the conduct, management, or operation of any game of chance within Colorado; except that a landlord licensee that is also a bingo-raffle licensee may conduct such activities as its bingo-raffle license allows exclusively on its own behalf.
Notwithstanding subsection (6) of this section, a landlord, supplier, or manufacturerlicensee may instruct and train a bingo-raffle licensee in the repair, operation, and maintenance of bingo-raffle equipment, subject to specific criteria established by rule.
Every landlord licensee shall file with the licensing authority all leases, agreements,and other documents required in order for a bingo-raffle licensee to lease its commercial bingo facility.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 919, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-104.5 as it existed prior to 2017. 24-21-609. Application for bingo-raffle license. (1) Each applicant for a bingo-raffle license to be issued under this section shall file with the licensing authority a written application in the form prescribed by the licensing authority, duly executed and verified, and in which shall be stated:
The name and address of the applicant;
Sufficient facts relating to its incorporation and organization to enable the licensingauthority to determine whether or not it is a bona fide chartered branch, lodge, or chapter of a national or state organization or a bona fide religious, charitable, labor, fraternal, educational, voluntary firefighters', or veterans' organization that operates without profit to its members, has been in existence continuously for a period of five years immediately prior to the making of said application for such license, and has had during the entire five-year period dues-paying members engaged in carrying out the objectives of said applicant;
The names and addresses of its officers;
The specific kind of games of chance intended to be held, operated, and conductedby the applicant;
(I) The place where such games of chance are intended to be held, operated, andconducted by the applicant under the license applied for; or
(II) In the case of the application of an exempt organization, the place or places where drawings are intended to be held, operated, and conducted by the organization under the license applied for;
A statement that no commission, salary, compensation, reward, or recompense willbe paid to any person for holding, operating, or conducting such games of chance or for assisting therein except as otherwise provided in this part 6;
Such other information deemed advisable by the licensing authority to ensure that theapplicant falls within the restrictions set forth by the state constitution.
(2) (a) In each application there shall be designated active members of the applicant organization under whom the games of chance described in the application are to be held, operated, and conducted, and to the application shall be appended a statement executed by the applicant and by the members so designated that they will be responsible for the holding, operation, and conduct of such games of chance in accordance with the terms of the license and this part 6.
(b) Each designated games manager must have been an active member of the applicant for at least the six months immediately preceding his or her designation and shall be certified by the licensing authority pursuant to section 24-21-610 before assuming games management duties.
(3) In the event any premises are to be leased or rented in connection with the holding, operating, or conducting of any game of chance under this part 6, a written statement shall accompany the application signed and verified by the applicant, which must state the address of the leased or rented premises and the amount of rent that will be paid for said premises and which must certify that the premises are to be rented from a landlord licensee.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 920, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-105 as it existed prior to 2017.