Town of Cornwall, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cornwall as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-30-1963[1]]
[1]
Editor's Note: This article amends and supersedes an ordinance adopted on May 5, 1958, and approved by the electors on May 27, 1958.

§ 69-1 Purpose.

The purpose of this article is to amend an ordinance adopted by the Town Board of the Town of Cornwall, Orange County, New York, in 1958, authorizing the conduct of bingo in such town, to change the reference in such ordinance from Article 14-G of the General Municipal Law to Article 14-H of the General Municipal Law, as so renumbered by Chapter 438 of the Laws of 1962, and to set forth therein the following additional amended and renumbered restrictions concerning the conduct of the game of bingo by an authorized organization in such town as required by § 479 of the General Municipal Law of the State of New York as amended by Chapter 438 of the Laws of 1962.

§ 69-2 Restrictions upon conduct of bingo games.

A. 
No person, firm, association, corporation or organization other than a licensee under the provisions of Article 14-H of the General Municipal Law shall conduct such game or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.
B. 
No bingo games shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of such game.
C. 
No authorized organization licensed under the provisions of Article 14-H of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law or from another authorized organization.
D. 
The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
E. 
No prize shall exceed the sum or value of $250 in any single game of bingo.
F. 
No series of prizes on any one bingo occasion shall aggregate more than $1,000.
G. 
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
H. 
No person shall receive any remuneration for participating in the management or operation of any game of bingo.
I. 
The unauthorized conduct of a bingo game and any willful violation of any provision of this article shall constitute and be punishable as a misdemeanor.

§ 69-3 License fee.

For the purpose of effectively administering this article and the applicable parts of Article 14-H of the General Municipal Law, known as the "Bingo Licensing Law," and Article 19-B of the Executive Law, known as the "State Lottery Control Law," each authorized organization qualifying for a license shall pay to the Town Clerk $10 for each occasion upon which any games of chance are to be conducted under such license.
[Adopted 2-14-1977 by L.L. No. 3-1977]

§ 69-4 Legislative findings.

The Town Board finds the raising of funds for the promotion of bona fide charitable, educational, scientific, health, religious and patriotic causes and undertakings, where the beneficiaries are undetermined, to be in the public interest, and that the mandate of § 9 of Article 1 of the Constitution of the State of New York, as amended, should be carried out by rigid regulations to prevent commercialized gambling, to prevent participation by criminal and other undesirable elements and to prevent the diversion of funds from the purposes herein authorized.

§ 69-5 Statutory authority.

This article is subject and subordinate to all the conditions and provisions contained in Article 9-A of the General Municipal Law and amendments thereto, and to any and all rules and regulations and opinions adopted or to be adopted by the New York State Racing and Wagering Board.

§ 69-6 Definitions and word usage.

A. 
As used in this article, the terms "authorized games of chance lessor," "authorized organization," "authorized supplier of games of chance equipment," "games of chance," "lawful purposes," "net lease," "net proceeds," "one occasion" and "price" shall have the meanings designated in the definitions set forth in Article 9-A of the General Municipal Law.
B. 
As used in this article, the following terms shall have the meanings indicated:
LICENSED PERIOD
A period of time not to exceed 14 consecutive hours.
OFFICER
The Chief of Police of the Town of Cornwall.
STATE BOARD
The New York State Racing and Wagering Board.
TOWN BOARD
The Town Board of the Town of Cornwall.
TOWN CLERK
The Town Clerk of the Town of Cornwall.
C. 
Words singular in form may include the plural, and words plural in form may include the singular, and words in the masculine gender shall include the feminine and neuter genders.

§ 69-7 Authority of Town Clerk.

The Town Clerk is hereby delegated the authority granted to the Town Board by Article 9-A of the General Municipal Law, entitled "Local Option for Conduct of Games of Chance by Certain Organizations," in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings and the collection and transmission of fees.

§ 69-8 License required.

No person, firm, association, corporation or organization other than an authorized organization licensed under the provisions of this article shall be permitted to conduct games of chance within the territorial limits of the Town of Cornwall.

§ 69-9 Application for license.

A. 
Each applicant for a license, after obtaining an identification number from the State Board, shall file with the Town Clerk a written application therefor in a form to be prescribed by the State Board, duly executed and verified, in which shall be stated:
(1) 
The name and address of the applicant, together with sufficient facts relating to its organization and/or incorporation to enable the Town Clerk to determine whether or not it is a bona fide authorized organization.
(2) 
The names and addresses of its officers, the place where and the date(s) and time(s) when the applicant intends to conduct games of chance under the license applied for.
(3) 
The amount of rent to be paid or other consideration to be given, directly or indirectly, for each occasion, for use of the premises of another authorized organization licensed under this article to conduct games of chance or for the use of the premises of an authorized games of chance lessor.
(4) 
All other items of expense intended to be incurred or paid in connection with the holding, operating and conducting of games of chance, and the names and addresses of the persons to whom and the purposes for which they are to be paid.
(5) 
The purposes to which the entire net proceeds of the games of chance are to be devoted and in what manner, and that no commission, salary, compensation, reward or recompense will be paid to any person for conducting games of chance or for assisting therein except as otherwise provided in Article 9-A of the General Municipal Law.
(6) 
That no member of the applicant designated in the application to conduct games of chance has ever been convicted of a crime, or, if convicted, that he has received a pardon or a certificate of good conduct.
(7) 
Any other information as shall be prescribed by the rules and regulations promulgated by the State Board.
B. 
In each application there shall be designated not less than four active members of the applicant organization under whom the games of chance will be conducted, and to the application shall be appended a statement executed by the members so designated that they will be responsible for the conduct of the games of chance in accordance with the terms of license, Article 9-A of the General Municipal Law, the provisions of this article and the rules and regulations of the State Board.
C. 
Each applicant for a license to lease premises to a licensed organization for the purpose of conducting games of chance therein shall file with the Town Clerk a written application therefor in a form to be prescribed by the State Board, duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; a statement that the applicant in all respects conforms to the specifications contained in the definition of "authorized organization" set forth in Article 9-A of the General Municipal Law; and any other information as shall be prescribed by the State Board and the provisions of this article.

§ 69-10 Restrictions on conduct of games.

A. 
No person, firm, association, corporation or organization other than a licensee under the provisions of this article shall conduct a game of chance or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, directly or indirectly, except as provided in § 69-9 of this article.
B. 
No game of chance shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of a game of chance.
C. 
No authorized organization licensed under the provisions of this article shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than an authorized supplier of games of chance equipment licensed by the State Board or from another authorized organization.
D. 
The entire net proceeds of any game of chance and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
E. 
No prize shall exceed the sum or value of $100 in any operation or conducting of a single game of chance. No single wager shall exceed $10.
F. 
No series of prizes on any one occasion of games of chance shall aggregate more than $1,000.
G. 
No person except a bona fide member of any authorized organization, its auxiliary or affiliated organization shall participate in the management or operation of a game of chance, as set forth in § 69-16.
H. 
No person shall receive any remuneration for participating in the management or operation of any game of chance.
I. 
No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
J. 
No hall or other premises shall be used for the conduct of games of chance unless said hall or premises, where applicable, complies with the provisions of Title 12, Subpart 36, of the Codes, Rules and Regulations of the State of New York.

§ 69-11 Issuance of license; fee; duration.

A. 
The Town Clerk shall make an investigation of the qualifications of each applicant and the merits of each application with due expedition after the filing of the application.
B. 
If the Town Clerk shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this article, that the members of the applicant designated in the application to conduct games of chance are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime or, if convicted, have received a pardon or a certificate of good conduct, that such games of chance are to be conducted in accordance with the provisions of this article and in accordance with the rules and regulations of the State Board and that the proceeds thereof are to be disposed of as provided by this article, and if the Town Clerk is satisfied that no commission, salary, compensation, reward or recompense whatsoever shall be paid or given to any person holding, operating, conducting or assisting in holding, operating or conducting any games of chance, except as otherwise provided in this article, and that no prize will be given in excess of the sum or value of $100 in any single game of chance and that the aggregate of all prizes given on one occasion under said license shall not exceed the sum or value of $1,000, the Town Clerk shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee of $25 for each license period.
C. 
If the Town Clerk shall determine that the applicant seeking to lease a hall or premises for the conduct of games of chance to an unauthorized organization is duly qualified to be licensed under this article, that the applicant satisfies the requirements for an authorized games of chance lessor as defined in Article 9-A of the General Municipal Law, and if the Town Clerk shall find and determine that there is a public need and that a public advantage will be served by the issuance of the license, that the applicant has filed its proposed rent for each game of chance occasion, that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in Article 9-A of the General Municipal Law and that the leasing of a hall or premises for the conduct of games of chance is to be in accordance with the provisions of this article and in accordance with the rules and regulations of the State Board, he shall issue a license permitting the applicant to lease said premises for the conduct of games of chance to the authorized organization set forth in the application during the period therein specified or such shorter period as the Town Clerk shall determine, but not to exceed one year, upon payment of a license fee of $50.
D. 
Under this article, no license shall be issued which shall be effective for a period of more than one year.

§ 69-12 Hearings; appeals; amendments of license.

A. 
No application for the issuance of a license to be an authorized organization shall be denied by the Town Clerk until after a hearing is held, upon due notice to the applicant, at which time the applicant shall be entitled to be heard upon its qualifications and the merits of the application.
B. 
Any applicant for or holder of any license hereunder aggrieved by an action of the Town Clerk to whom an application has been made or by whom a license has been issued may appeal to the State Board from the determination of the Town Clerk by filing with the Town Clerk written notice of appeal within 30 days after the determination or action appealed from, and upon the hearing of such appeal, the evidence, if any, taken before the Town Clerk and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue. The action of the State Board upon said appeal shall be binding upon the Town Clerk and all parties to said appeal.
C. 
Any license issued hereunder may be amended upon application to the Town Clerk if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of any additional license fee as would have been payable if it had been so included.

§ 69-13 Form, content and display of license.

A. 
Each license to conduct games of chance shall be in a form as shall be prescribed in the rules and regulations promulgated by the State Board and shall contain a statement of the name and address of the licensee, the name and address of each member of the licensee under whom the games of chance shall be conducted, of the place(s) where and the date(s) and time(s) when the games of chance are to be conducted and of the purposes to which the entire net proceeds of the games of chance are to be devoted. If any prizes are to be given in cash, a statement of the amounts of the prizes authorized so to be given and any other information which may be required by said rules and regulations shall be contained therein. Each license issued for the conduct of any games of chance shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof.
B. 
Each license to lease premises for conducting games of chance will be in a form as shall be prescribed in the rules and regulations of the State Board and shall contain a statement of the name and address of the licensee and the address of the leased premises, the amount of permissible rent and any other information which may be required by said rules and regulations. Each license shall be conspicuously displayed upon the premises at all times during the conduct of the games of chance.

§ 69-14 Control of games; suspension of license; inspections.

A. 
The officer shall have and exercise rigid control and close supervision over all games of chance conducted under each license, to the end that the same are fairly conducted in accordance with the provisions of said license, the provisions of this article and the provisions of the rules and regulations promulgated by the State Board. The officer and the State Board shall have the power and authority to temporarily suspend any license issued by the Town Clerk pending a hearing. The officer and State Board shall have the right of entry, by their respective officers and agents, at all times, into any premises where any game of chance is being conducted or intended to be conducted or where any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting same. An agent of the appropriate officer shall make an on-site inspection during the conduct of all games of chance licensed pursuant to this article.
B. 
Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance, but the offering of all other alcoholic beverages is prohibited.

§ 69-15 Mandatory postgame procedure.

A. 
Within seven days after the conclusion of any licensed period, the authorized organization which conducted the games of chance and its members who were in charge thereof and, when applicable, the authorized organization which rented its premises therefor, shall each furnish to the Town Clerk a statement subscribed by the member in charge and affirmed by him as true, under the penalties of perjury, showing the amount of the gross receipts derived therefrom, each item of expense incurred or paid, each item of expenditure made or to be made other than prizes, the name and address of each person to whom each item of expense has been paid or is to be paid with a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from the conduct of the games of chance during the license period and the use to which such proceeds have been or are to be applied and a list of the prizes and the values thereof offered and given. It shall be the duty of each licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each statement of receipts.
B. 
Upon the filing of such statement of receipts, the authorized organization furnishing the same shall pay to the Clerk as and for an additional license fee a sum based upon the reported net proceeds, if any, for the license period covered by such statement and determined in accordance with such schedule as shall be established from time to time by the Board, to defray the actual cost to the town for administering the provisions of Article 9-A of the General Municipal Law, but such additional license fee shall not exceed 5% of the net proceeds for such occasion.
C. 
The Town Clerk and the State Board shall have the power to examine or cause to be examined the books and records of:
(1) 
Any authorized organization which is or has been licensed to conduct games of chance, so far as said books and records may relate to games of chance, including the maintenance, control and disposition of the net proceeds derived from games of chance or from the use of its premises for games of chance, and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any games of chance under any license, the use of its premises for games of chance or the disposition of the net proceeds derived from games of chance, as the case may be.
(2) 
Any authorized games of chance lessor so far as the same may relate to leasing premises for games of chance, and to examine said lessor or any manager, officer, director, agent or employee thereof under oath in relation to said leasing.
Any information so received shall not be disclosed except for the purpose of carrying out the provisions of this article.

§ 69-16 Prohibition and penalties.

A. 
No person under the age of 18 years shall be permitted to play any game of chance conducted pursuant to any license issued under this article. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of chance conducted pursuant to any license issued under this article.
B. 
No games of chance shall be conducted under any license issued under this article more often than 12 times in any calendar year. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and Thursday, and only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday, and only between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
[Amended 6-8-1987 by L.L. No. 3-1987]
C. 
No person shall hold, operate or conduct any games of chance under any license issued under this article except an active member of the authorized organization to which the license is issued, and no person shall assist in holding, operating or conducting any games of chance under any license except an active member or a member of an organization or association which is an auxiliary to the licensee, or a member of an organization or association of which such licensee is an auxiliary, or a member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association. At least two officers, directors, trustees or clergy of the authorized organization shall, upon request, certify under oath that the persons assisting in holding, operating or conducting any game of chance are bona fide members of such authorized organization or such auxiliary or affiliated organization.
D. 
No games of chance shall be conducted with any equipment except that owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee.
E. 
No items of expense shall be incurred or paid in connection with the conducting of any game of chance pursuant to any license issued under this article except those that are reasonable and are necessarily expended for games of chance supplies and equipment; prizes; stated rental, if any; bookkeeping or accounting services according to a schedule of compensation prescribed by the State Board; janitorial services and utility supplies, if any; license fees; and the cost of bus transportation, if authorized by the officer.
F. 
Not more than $2 shall be charged by any licensee for admission to any room or place in which any games of chance are to be conducted under any license issued under this article. Every winner shall be determined and every prize shall be awarded and delivered on the same calender day as the game was played. No alcoholic beverage shall be offered or given as a prize in any game of chance.
G. 
No games of chance conducted or to be conducted in the Town of Cornwall shall be advertised as to their location, the time when they are to be or have been played, the prizes awarded or to be awarded or transportation facilities to be provided to such games, by means of newspaper, radio, television or sound trucks or by means of billboards, posters or handbills or by any other means addressed to the general public, except that one sign not exceeding 60 square feet in area may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization, and when an organization is licensed to conduct games of chance on premises of an authorized games of chance lessor, one additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted. Additional signs may be displayed upon any fire-fighting equipment belonging to any licensee which is a volunteer fire company or upon any first-aid or rescue squad in and throughout the community or communities served by such volunteer fire company or such first-aid or rescue squad.
H. 
No person, association, corporation or organization lawfully conducting or participating in the conduct of games of chance or permitting the conduct upon any premises owned or leased by him or it under any license issued hereunder shall be liable to prosecution or conviction for violation of any provision of Article 225 of the Penal Law or any other law or ordinance to the extent that such conduct is specifically authorized by this article. However, this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of games of chance under any license obtained by any false pretense or by any false statement made in any application for a license or otherwise, or permitting the conduct upon any premises owned or leased by him or it of any game of chance conducted under any license known to him or it to have been obtained by any such false pretense or statement.
I. 
Any person, association, corporation or organization who or which shall make any material false statement in any application for any license issued pursuant to this article; shall pay or receive a rental in excess of the amount specified as the permissive rent in the license provided for in § 69-9 for the use of any premises for conducting games of chance; shall fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; shall falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or shall divert or pay any portion of the net proceeds of any game of chance to any person, association or corporation except in furtherance of one or more of the lawful purposes defined in this article, shall be guilty of a misdemeanor and shall forfeit any license issued under this article and be ineligible to apply for a license under this article for at least one year thereafter.
J. 
Any person, association, corporation or organization holding, operating or conducting games of chance shall be guilty of a misdemeanor except when operating, holding or conducting:
(1) 
In accordance with a valid license issued pursuant to this article.
(2) 
On behalf of a bona fide organization of persons 60 years of age or over, commonly referred to as "senior citizens," solely for the purpose of amusement and recreation of its members where:
(a) 
The organization has applied for and received an identification number from the State Board.
(b) 
No player or other person furnishes anything of value for the opportunity to participate.
(c) 
The prizes awarded or to be awarded are nominal.
(d) 
No person other than a bona fide active member of the organization participates in the conduct of the games of chance.
(e) 
No person is paid for conducting or assisting in the conduct of the games of chance.
K. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.

§ 69-17 Submission to referendum.

This article shall be subject to a mandatory referendum pursuant to the provisions of the General Municipal Law, Article 9-A, and the Municipal Home Rule Law of the State of New York, which referendum shall be conducted at a time to be determined by the Town Board, and if the voters qualified to vote in the mandatory referendum approve games of chance, this article shall become effective 30 days thereafter.[1]
[1]
Editor's Note: This article was approved by the electors at a referendum held on April 26, 1977.