Variety Club Tent No. 6 Charities, Inc. - Page 40

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          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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