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North Dakota Century Code § 53-06.1-11 (Gross Proceeds -Allowable expenses -Rent limits)
<br />4. For a site where bingo is conducted:
<br />Except under subdivision c, if bingo is the primary game, the monthly rent must be reasonable.
<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.
<br />If bingo is conducted through a dispensing device and no other game is conducted, the monthly rent may not exceed two
<br />hundred seventy-five dollars.
<br />5. For a site where bingo is not the primary game:
<br />If twenty-one or paddlewheels 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_dgllars_may_be-added_to_ttte_monthly rent. If pull tabs is
<br />also conducted involving a jar bar or dispensing device, but not both, the monthly rent for pull tabs may not exceed an
<br />additional one hundred seventy-five dollars. If pull tabs is conducted involving both a jar bar and dispensing device, the
<br />monthly rent for pull tabs may not exceed an additional two hundred dollars.
<br />b. If twenty-one and paddlewheels are not conducted but pull tabs is conducted involving a jar bar or dispensing device, but not
<br />both, the monthly rent may not exceed two hundred seventy-five dollars. tf pull tabs is conducted involving both a jar bar
<br />and dispensing device, the monthly rent for pull tabs may not exceed three hundred dollars.
<br />North Dakota Administrative Code § 99-01.3-02-06 (Rental agreement)
<br />3. Rent must be a fixed dollar amount per month.
<br />A participatory or graduated rate arrangement based on gross proceeds or adjusted gross proceeds is prohibited.
<br />If bingo is the primary game and it is not conducted through a dispensing device or if a site is leased by an organization that
<br />has the alcoholic beverage license for that site, the monthly rent must be reasonable. Factors include time usage, floor
<br />space, local prevailing rates, and available sites and services. An organization may pay seasonal expenses, such as snow
<br />removal, air-conditioning and heating, to a vendor.
<br />c: If-binge is not-the-primary-game or-if~ingo-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:
<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 issued
<br />site authorizations to conduct games at a site on different days of the week, the maximum monthly rent, in the
<br />aggregate, may not exceed the limit set by subsection 5 of the North Dakota Century Code section 53-06.1-11; and
<br />(2) If a raffle, Calcutta, sports pool, or poker is conducted with twenty-one, paddlewheels, or pull tabs, no additional rent is
<br />allowed.
<br />d. Except for applying subsection 3 or 4 of section 99-01.3-03-04, and additional rent paid to a lessor for simulcast racing, an
<br />organization or employee may not pay any additional rent or expense, from any source, or for any other purpose, including
<br />office or storage space, snow removal, maintenance or cleaning fees, equipment, furnishings, entertainment, or utilities.
<br />Except for a ..leased site at which bingo is the primary game conducted, an organization may not pay for any capital or
<br />leasehold improvements or remodeling.
<br />*4. If there is a change in the monthly rent or any other material change to a rental agreement, the agreement must be amended and
<br />a copy received by the attorney general before its effective date.
<br />North Dakota Administrative Code § 99-01.3-03-04 (Restrictions and requirements)
<br />18. Jfan_ctrganization conducts twenty-one,. it may pay monthly rent for more than one table provided that, for each additional table, the
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<br />table is used=at-least-thirteen times-a-quar~e~-T-kris-level of activity is based on a site's fiistoncal experience, or seasonal activity, of
<br />each-of the previous-four-quarters,-regardless of which-ofQanizatiori~ondueted~wenty_one=atthe site:-FoF a taew-site or a site that
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<br />has been com letet_ __rsmndeled in y
<br />p y _appearanceand~unciinn,_the level of activit must be reviewed and or reestaniished after the
<br />.first-#utt-quarter.--tf.-an-additional-labiesis~usad:=ak~least-thirteen~tioaexie~t=leastorte~uts~at-atL~-~t3e~revieus-four quarters, the
<br />---~-------~~1+i--r-r=~~~-osr- e-ar-0rated$ver-aA-ft~e-active-months_of .the licensmci year. or example, i a secon
<br />---
<br />table was used at least thirteen times in only two of theQreviousfiour quarters, -the additional monthly rent for the second table
<br />would be-a-maximum-of-two_-hundred._dollar~peunonth (or thrge~slrldLed_dolla_rs~er month if a wager greatet than five dollars is
<br />accepted on the table) multiplied by six months (totaling ohe tfiousand two hundred dollars) and__prorated to one. hundred dollars
<br />per month for the licensing year.
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