-40-
per bingo session is a reasonable rate for a bingo hall. Rather,
it provides that a charitable organization is not permitted to
pay “more than is customary and reasonable for premises that are
similar in location, size, and quality”, with an absolute cap of
$250 per bingo session. It remains the situation, under the
statute, that a $250 per bingo session rental would be forbidden
if that exceeds the amount that “is customary and reasonable for
premises that are similar in location, size, and quality”.
The evidence of the cited statute does not make it more
likely that the $250 rental payments for the Center were
reasonable rental payments, than would be the case if we did not
have the statute. Thus, although the statute is an interesting
part of the background, by itself the statute does not even rise
to the level of being relevant to the issue of whether the $250
rental payments for the Center were reasonable rental payments.
Fed. R. Evid. 401.
14(...continued)
* * * * * * *
(E) Whoever violates division (A)(2) of this section is
guilty of illegally conducting a bingo game, a felony of the
third degree. Whoever violates division (A)(1), (3), (4),
or (5), or (B), or (C) of this section is guilty of a minor
misdemeanor. If the offender has previously been convicted
of a violation of division (A)(1), (3), (4), or (5), or (B),
or (C) of this section, a violation of division (A)(1), (3),
(4), or (5), or (B), or (C) of this section is a misdemeanor
of the first degree.
Later amendments of this provision, changing the $250
amounts to $450, do not affect the years in issue.
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