N.Y. Comp. Codes R. & Regs. tit. 9 § 4823.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4823.4 - Written agreements required

(a) No agreement for the rental, lease or use of any electronic bingo aid shall be valid unless the entire agreement is in writing, signed by the parties thereto, executed copies of which have been filed with the commission and the department or clerk of the governing municipality at least 48 hours prior to use of such electronic bingo aids.

(b) Licensed suppliers shall lease or sell electronic bingo aids only to licensed authorized organizations licensed to conduct bingo or, if approved in writing by the commission, to commercial lessors. In cases where the licensed supplier leases electronic bingo aids to a licensed authorized organization, the licensed supplier may charge either a flat fee or a per-use fee. In cases where the licensed supplier leases electronic bingo aids to a commercial lessor, the licensed supplier shall only charge a flat fee for the use of such device and shall not charge on a percentage of net proceeds or a per-use basis, and the commercial lessor shall include the cost of the electronic bingo aids in the written lease with the licensed authorized organization consistent with section 4820.10 of this Subchapter, provided that cost is unrelated to a percentage of net receipts or the number of units used.

(c) No agreement shall be enforceable by a supplier against an authorized organization beyond the term of a bingo license issued to such authorized organization. An agreement may contain an option clause to be exercised solely at the discretion of the authorized organization continuing the terms of a previous contract into a new license year.

(d) No agreement shall require that an organization purchase bingo face-cards, supplies, games of chance supplies or other bingo equipment exclusively from any supplier.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4823.4