[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.
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.
A.Â
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.Â
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.Â
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.Â
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.Â
No prize shall exceed the sum or value of $250 in any
single game of bingo.
F.Â
No series of prizes on any one bingo occasion shall aggregate
more than $1,000.
G.Â
No person except a bona fide member of any such organization
shall participate in the management or operation of such game.
H.Â
No person shall receive any remuneration for participating
in the management or operation of any game of bingo.
I.Â
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.
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]
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.
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.
A.Â
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.Â
LICENSED PERIOD
OFFICER
STATE BOARD
TOWN BOARD
TOWN CLERK
As used in this article, the following terms shall have
the meanings indicated:
A period of time not to exceed 14 consecutive hours.
The Chief of Police of the Town of Cornwall.
The New York State Racing and Wagering Board.
The Town Board of the Town of Cornwall.
The Town Clerk of the Town of Cornwall.
C.Â
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.
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.
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.
A.Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Any other information as shall be prescribed by the rules
and regulations promulgated by the State Board.
B.Â
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.Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
No series of prizes on any one occasion of games of chance
shall aggregate more than $1,000.
G.Â
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.Â
No person shall receive any remuneration for participating
in the management or operation of any game of chance.
I.Â
No games of chance shall be conducted on Easter Sunday,
Christmas Day or New Year's Eve.
J.Â
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.
A.Â
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.Â
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.Â
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.Â
Under this article, no license shall be issued which
shall be effective for a period of more than one year.
A.Â
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.Â
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.Â
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.
A.Â
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.Â
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.
A.Â
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.Â
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.
A.Â
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.Â
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.Â
The Town Clerk and the State Board shall have the power
to examine or cause to be examined the books and records of:
(1)Â
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)Â
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.
|
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
In accordance with a valid license issued pursuant to
this article.
(2)Â
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)Â
The organization has applied for and received an identification
number from the State Board.
(b)Â
No player or other person furnishes anything of value
for the opportunity to participate.
(c)Â
The prizes awarded or to be awarded are nominal.
(d)Â
No person other than a bona fide active member of the
organization participates in the conduct of the games of chance.
(e)Â
No person is paid for conducting or assisting in the
conduct of the games of chance.
K.Â
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
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.