Ariz. Admin. Code § R3-12-305 - Lease Standards

A. A person shall not operate a concession at the Fair without first leasing a location for the concession from the Board.

B. An applicant shall provide a document, incorporated by a reference in the lease, that lists the dollar value and total number of each type of prize merchandise that will be offered at the Fair.

C. An applicant shall provide a document, incorporated by a reference in the lease, that lists all prices that will be charged for merchandise, services, games, or other entertainment provided to patrons of the Fair.

D. Any person may apply to lease a location at the Fair for a game. An applicant shall send a letter to the Board that contains the name of the game, a description of the game, location requirements, the exact location for all game components, the applicant's name and address, and a current photograph of the stand. A lease is nontransferable. The lease for each game applies only to the concessionaire who enters into the lease.

E. The Board shall determine the rent to be paid under each game concession lease and ensure that this dollar amount is specified in the lease. For front stand games, the rent is computed by multiplying the footage requirements for the front of the game space by a dollar amount determined by the Board and adding any insurance and utility costs. For center stand games, the rent is computed by multiplying the footage requirements for the front and one side of the game space by a dollar amount determined by the Board and adding any insurance and utility costs. The Board shall not use less than a 10-foot minimum footage requirement in its rent calculations.

F. A separate lease is required for each game concession at the Fair unless:

1. All games are in the same location;

2. The games are not separated by a wall or partition;

3. The games are identical;

4. The prizes for each game are identical; and

5. The price for each game is identical;

G. Upon consideration of the factors in subsections (F)(1) through (F)(5), the Board may include up to 10 games under one lease.

H. A concessionaire shall operate during the hours specified in the lease.

I. The Board and the concessionaire may mutually agree to modify the terms of a lease and shall memorialize any modification in an amended lease.

J. The Board shall not lease a location to an applicant if the applicant makes a material misrepresentation on the application or in documents submitted with the application. If a concessionaire has made a material misrepresentation to the Board, the Board shall cancel the concessionaire's lease, using the applicable provision in the lease, and remove the concession from the Fair.

Notes

Ariz. Admin. Code § R3-12-305

New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).