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North Dakota Century Code § 53-06.1-11 (Gross Proceeds - Allowable expenses - Rent limits)
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<br />4. For a site where bingo is conducted:
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<br /> a. Except under subdivision c, if bingo is the pdmary game, the monthly rent must be reasonable.
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<br /> b. If bingo is not.the primary game, but is conducted with twenty-one, paddlewheels, or pull tabs, no additional rent is
<br /> allowed.
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<br /> c. If bingo is conducted through a dispensing device and no other game is conducted, the monthly rent may not exceed
<br /> two hundred seventy-five dollars.
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<br />5. For a site where bingo is not the primary game:
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<br /> a. If twenty-one or ~3addlewheels is conducted, the monthly rent may not exceed two hundred dollars multiplied by the
<br /> necessary number of tables based on criteria prescribed by the gaming rule. For each twenty-one table with a wager
<br /> greater than five dollars, an additional amount up to one hundred dollars may be added to the monthly rent. If f~ull
<br /> tabs is also conducted involving a jar bar or dispensing device, but not both, the monthly rent for pull tabs may not
<br /> exceed an additional one hundred seventy-five dollars. If pull tabs is conducted involving both a jar bar and
<br /> dispensing device, the monthly rent for pull tabs may not exceed an additional two hundred dollars.
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<br /> If twenty-one and paddlewheels are not conducted but pull tabs is conducted involving a jar bar or dispensing device,
<br /> but not both, the monthly rent may not exceed two hundred seventy-five dollars. If pull tabs is conducted involving
<br /> both a jar bar and dispensing device, the monthty rent for pull tabs may not exceed three hundred dollars.
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<br />North Dakota Administrative Code § 99-01.3-02-06 (Rental agreement)
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<br />3. Rent must be a fixed dollar amount per month.
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<br /> a. A participatory or graduated rate arrangement based on gross proceeds or adjusted gross proceeds is prohibited.
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<br /> If bingo is the primary game and it is not conducted through a dispensing device or if a site is leased by an
<br /> organization that has the alcoholic beverage license for that site, the monthly rent must be reasonable. Factors
<br /> include time usage, floor space, local prevailing rates, and available sites and services. An organization may pay
<br /> seasonal expenses, such as snow removal, air-conditioning and heating, to a vendor.
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<br /> c. If bingo is not the primary game or if bingo is the primary game and it is conducted through a dispensing device, the
<br /> maximum monthly rent must be according to subsection 5 of North Dakota Century code section 53-06.1-11.
<br /> Special considerations are:
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<br /> (1) If two or more organizations conduct twenty-one or paddlewheels, or both, involving a table and pull tabs for
<br /> less than a month at a temporary site which is a public or private premise, or if two or more organizations are
<br /> issued site authorizations to conduct games at a site on different days of the week, the maximum monthly rent,
<br /> in the aggregate, may not exceed the limit set by subsection 5 of the North Dakota Century Code section 53-
<br /> 06.1 - 11; and
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<br /> (2) If poker is conducted with twenty-one paddlewheels, or pull tabs, no additional rent is allowed. Otherwise, the
<br /> rent for poker must be reasonable.
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<br /> d. Except for applying subsections 3 or 4 of section 99-01.3-03-04, an organization or employee may not pa,/, nor may
<br /> a lessor accept, any additional rent or expense from any source directly or indirectly for any other purpose, such as
<br /> office or storage space, snow removal, maintenance, equipment furnishings, or utilities. Except for a leased site at
<br /> which bingo is the primary game conducted, an organization may not pay for any capital or leasehold improvements.
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<br /> If there is a change in the monthly rent or any other matetial change to a rental agreement, the agreement must be
<br /> amended and a copy of it postmarked or hand*delivered to the attorney general before its effective date.
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<br />North Dakota Administrative Code § 99-01.3-03-04 (Restrictions and requirements)
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<br />18. If an organization conducts twenty-one, it may pay monthly rent for more than one table provided that, for each additional
<br /> table, the table is used at least thirteen times a quarter. This tevel of activity is based on a site's historical average
<br /> experience, or seasonal activity, of each of the previous four quarters, regardless of which organization conducted twenty-
<br /> one at the site. If an additional table is used at least thirteen times in at least one but not all of the previous four quarters,
<br /> the allowable monthly rent for that tabJe must be prorated over all the active months of the licensing year. For example, if
<br /> a second table was used at least thirteen times in only two of the previous four quarters, the additional monthly rent for
<br /> the second table would be a maximum of two hundred dollars per month multiplied by six months (totaling one thousand
<br /> two hundred doJtars) and prorated to one hundred dollars per month for the licensing year.
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