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RULE §402.403Licenses for Conduct of Bingo Occasions and to Lease Bingo Premises

(a) License for Conduct of Bingo.

  (1) A conductor may hold only one regular license to conduct bingo occasions. The license is valid for only the specific days, times, and location indicated on the face of the license.

  (2) A licensed authorized organization will be licensed to conduct bingo for specific day(s) of the week at specific time(s) at a specific location and no other license may conflict with those day(s) and time(s).

(b) License to lease bingo premises.

  (1) Each location to be leased as a bingo premises must be separately licensed pursuant to separate applications.

  (2) Except as required by Occupations Code, §2001.152(a), the Commission may not issue more than one license to lease bingo premises for any one location.

  (3) When more organizations apply to play bingo at the premises of a commercial lessor than can be licensed for the premises, the Commission will process only the number of applications for which there are openings with the commercial lessor. The Commission will process the applications in the order in which they are received. Additional applications in excess of the number that may be licensed for the commercial lessor's premises will be denied.

  (4) The commission may not issue a commercial lessor license to or renew the license of a person who has loaned money to an authorized organization. A loan shall include a commercial lessor's collection or acceptance of any rental payments from any accounting unit or any authorized organization more than 120 days from the date of the occasion for which the rent is attributed. This subsection is intended to prohibit a lessor from loaning money to a unit or organization by deferring their debts for more than 120 days to allow the unit or organization to demonstrate higher net proceeds than they could demonstrate if they had paid the debt. If debts are not collected within 120 days, the lessor may forgive the debt or pursue collection through a formal legal process. This rule does not apply to any payments collected or accepted by the lessor pursuant to a court order.

Source Note: The provisions of this §402.403 adopted to be effective March 21, 2005, 30 TexReg 1630; amended to be effective May 2, 2010, 35 TexReg 3253; amended to be effective January 1, 2014, 38 TexReg 9538; amended to be effective June 30, 2019, 44 TexReg 3102

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