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Page 3 <br />Fairground Committee <br />May 20, 1991 <br />Association and the Paris Rodeo and Horse Club. Councilman Bell said <br />he did not know if we could pull Section 2.02 out of that lease and <br />insert it into the lease between the City and the Fair Association. <br />Councilman Bell said that there are other thing that is going to have <br />to be greatly expanded. <br />Councilman Bell pointed out that what is not defined in the City's <br />lease with the Fair Association is gross receipts, it does not explain <br />it, break it out, or clarify it. <br />City Attorney Haynes advised that the sublease is an instrument agreed <br />upon by the Fair Association and the Paris Rodeo and Horse Club, and it <br />is completely separate and apart from the lease the City has with the <br />Fair Association, that the language has been in the City's lease for <br />approximately 30 years. City Attorney Haynes did say that there has <br />never been a question regarding gross receipts before. <br />Councilman Bell told the Committee that in checking for background <br />information, he does not feel there is any question that the Fair <br />Association is spending the 10% required by the lease, but the <br />definition that they are going to spend 10% of annual gross receipts is <br />not defined. Council Bell gave an example of, do you take the gross <br />receipts off the bingo operation, which is $118,000.00, or do you take <br />the gross receipts off of their consolidated statement, which shows a <br />net income of $41,000.00 for the bingo operation. Councilman Bell <br />asked the question, is gross receipts all of the bingo receipts? <br />City Attorney Haynes answered no, because State law says it is not, if <br />State law did not define gross receipts, then it would be the total <br />amount of receipts from bingo. City Attorney said that according to <br />State Law, you have to give back a certain amount for prizes, and the <br />amount of the prizes is not taxed. <br />Chairman Burnett asked City Attorney Haynes if the State Law states <br />that the amount of the prizes can not be included as gross receipts? <br />City Attorney Haynes answered no, but it says it is really not income, <br />and gross receipts is something even larger normally than income. <br />Councilman Bell told the Committee that in discussions with parties, <br />he was under the impression that the City of Paris was named as an <br />additional insured on all liability policies, but in checking, found <br />out that is not true, and requested that the Council request an <br />amendment to all leases that the City be named in all liability <br />insurance policies as an additional insured. <br />After further discussion, a motion was made by Councilman Bell to <br />recommend to the City Council that the City Attorney get with a <br />representative from the Fair Association in order to amend their lease <br />with the City of Paris, clarifying Gross Receipt, and to use as a <br />guide Article 2 of the sublease between the Fair Association and the <br />Rodeo and Horse Club and to also address bingo. The motion was <br />seconded by Councilwoman Smith, and carried 3 ayes, 0 nays <br />