Section 189.42. Concessionaires

(a) A person, firm, association, group or corporation which holds a concession, right or privilege to perform a service or sell an item at a nonprimary location operated by a licensed corporation shall be licensed by the Commission and shall submit to the Commission a copy of each report, advice or other document which that person, firm, association, group or corporation furnishes or is required to furnish to the licensed corporation to substantiate rentals, service fees or similar financial or business arrangements between the parties.

(b) A person, firm, association, group or corporation operating a concession, performing a service or selling an item at a nonprimary location shall submit the following reports to the Commission:

(1) An audited profit and loss statement reflecting its operations at each nonprimary location. This report shall state the gross revenues derived during the reporting period as well as expenses paid or accrued during the reporting period. Income and expense items shall be shown in detail. This profit and loss statement shall be filed with the Commission by January 31 and reflect operations during the preceding calendar year.

(2) Certified financial statements, including a Balance Sheet, Income Statement and a Statement of Change In Financial Position. These financial statements shall be submitted within 75 days of the end of the calendar year in the case of a person, or the fiscal year in the case of a firm, association, group or corporation.

(3) Upon request of the Commission:

(i) Copies of weekly payrolls of persons employed at a nonprimary location, including the name and address of each person.

(ii) Copies of written contracts and agreements and a summary of verbal contracts and agreements at a nonprimary location.

(iii) A list of the owners of the firm, association, group or corporation.

(iv) A list of the officers and directors and the compensation paid to each of them.

(4) Upon the sale or transfer of an ownership interest in a concessionaire, an affidavit setting forth the information required by section 204 of the act (4 P. S. § 325.204), and Chapter 185 Subchapter C (relating to stock issues or transfers).