Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wawayanda 3-6-1996 by L.L. No. 5-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 96.
[1]
Editor's Note: This local law was passed at mandatory referendum at the special election held 5-23-1996. Said local law was originally numbered as Ch. 6 and was redesignated to be included in the correct part of the Code.

§ 49-1 Statutory authority; title.

This chapter is enacted pursuant to the authority of Article 14-H of the General Municipal Law of the State of New York and shall be known as the "Bingo/Lotto Licensing Law of the Town of Wawayanda."

§ 49-2 Affect on Town Code; word usage.

This chapter shall amend the Code of the Town of Wawayanda by adding a new Chapter 49 to be entitled "Bingo and Lotto," which chapter provides for authorized organizations to conduct the game of bingo (whenever the term "bingo'' is used herein, it is intended to include the game of lotto) within the territorial limits of the Town of Wawayanda.

§ 49-3 Purpose.

The purpose of this chapter is to permit the operation of the game of bingo by authorized organizations in the Town of Wawayanda pursuant to Article 1, § 9, of the Constitution of the State of New York as implemented by Article 19-B of the Executive Law and Article 14-H of the General Municipal Law.

§ 49-4 Definitions.

The word and terms used in this chapter shall have the same meaning as such words and terms used in Article 14-H, § 476, of the General Municipal Law. The term "Board" herein shall mean the State Racing and Wagering Board, and the term "Town Board" herein shall mean the Town Board of the Town of Wawayanda.

§ 49-5 License required; effective state provisions.

It shall be lawful for any authorized organization, as defined in § 476 of Article 14-H of the General Municipal Law of the State of New York, upon obtaining the required license from the Town Clerk, to conduct the game of bingo within the territorial limits of the Town of Wawayanda, Orange County, New York, subject to the provisions of this chapter, Article 14-H of the General Municipal Law and the rules and regulations of the State of New York Racing and Wagering Board adopted pursuant to Article 19-B of the Executive Law and any amendments to said laws or said rules and regulations.

§ 49-6 Restrictions upon conduct.

A. 
No person, firm, association, corporation or organization, other than a licensee under the provisions of this chapter, shall conduct the game of bingo 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 this chapter 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 $1,000 in any single game of bingo.
F. 
No series of prizes on any one bingo occasion shall aggregate more than $3,000.
G. 
No person except a bona fide member of 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 chapter shall constitute and be punishable as a misdemeanor.

§ 49-7 Application for license.

Each applicant to conduct bingo or to lease premises for conducting bingo therein, after obtaining an identification number from the State Racing and Wagering Board (the "Board") shall file with the Town Clerk a written application in the form prescribed in the rules and regulation of the Board, which shall be duly executed and verified by the applicant and shall contain the information required by such rules and regulations.

§ 49-8 Investigation; fees; duration of license.

A. 
The Town Board or its designee shall make an investigation of the qualifications of each applicant and the merits of each application after the filing of such complete application with the Town Clerk and the payment of the application fee therefor.
B. 
Upon a determination of the Town Board or its designee that the applicant is duly qualified and is in compliance with the Board's rules and regulations, it shall issue a license for the conduct of the game of bingo upon payment of the required fee of $18.75 or such other fee as may from time to time be authorized by the General Municipal Law.
C. 
The Town Board shall refuse to issue a license to an applicant seeking to conduct bingo in premises of a licensed commercial lessor where it determined that the premises presently owned or occupied by said applicant are in every respect adequate and suitable for conducting bingo games.
D. 
On or before the 30th day of each month, the Town Clerk shall remit to the Comptroller of the state a sum equal to 50% of the commercial lessor license fees and the sum of $11.25 per occasion or such other fee as may from time to time be authorized by the General Municipal Law of all license fees for the conduct of bingo collected by the Town during the preceding calendar month.
E. 
No license shall be issued under this chapter which shall be effective for a period of more than one year.

§ 49-9 Hearing; amendment of license.

A. 
No applicant for the issuance of a license shall be denied by the Town Board until after a hearing, held on not less than 10 days' written notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
B. 
Any license issued under this chapter may be amended upon application made to the Town Board if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable if it had been so included initially.

§ 49-10 Form and contents of license; display.

A. 
Each license to conduct bingo and each license to lease premises for conducting bingo shall be in such form and content as shall be prescribed by the Board and shall comply with the Board's rules and regulations as promulgated from time to time.
B. 
At all times during the conduct of the game of bingo, the license shall be conspicuously displayed at the place where bingo is conducted.

§ 49-11 Control and supervision; suspension; inspection.

A. 
The Town Board shall have and exercise rigid control and close supervision over all games of bingo conducted under the license issued.
B. 
The Town Board shall have the power and authority to suspend any license and to revoke the same and, in the case of an authorized commercial lessor, to impose a fine in an amount not to exceed $1,000, or such other amount authorized by the General Municipal Law, after notice and hearing, for violation of any provisions of law, including the rules and regulations of the Board.
C. 
The Town Board, by its respective officers and agents, for the purpose of inspection, shall have the right of entry at all times into any premises where any game of bingo is being conducted or where it is intended that any such game shall be conducted or where any equipment is being used or intended to be used in the conduct of such game.

§ 49-12 Games on Sunday.

Unless otherwise duly authorized by local law, no games of bingo shall be conducted on Sunday.

§ 49-13 Participation by persons under eighteen years.

No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued pursuant to this chapter unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this chapter.

§ 49-14 Frequency of game; sale of alcoholic beverages.

A. 
No games of bingo, except limited-period bingo, shall be conducted under any license issued under this chapter more often than on 18 days in any three successive calendar months. No more than 60 games may be conducted on any single occasion of limited-period bingo.
B. 
No game or games of limited-period bingo shall be conducted between the hours of 12:00 midnight and 12:00 noon.
C. 
No game or games of bingo shall be conducted in any room or outdoor area where alcoholic beverages are sold, served or consumed during the progress of the game or games.

§ 49-15 Persons operating and conducting games; equipment; expenses; compensation.

A. 
No person shall hold, operate or conduct any game of bingo except a bona fide member of the authorized organization to which the license is issued. A person may assist in holding, operating or conducting a game of bingo, provided that such person is a bona fide member of an auxiliary or an affiliate of the authorized organization to which the license is issued. Notwithstanding the foregoing, any person may assist the licensed organization in any activity related to the game of bingo, provided that such activity does not actually involve the holding, conducting, managing or operating of such game of bingo. Notwithstanding the foregoing, if a person is a member of two or more authorized organizations licensed to conduct bingo games which are not auxiliary or affiliated to one another, such person may operate, conduct or assist in the operation or conduct of games of bingo held by any of such organizations licensed to conduct bingo.
B. 
No game of bingo shall be conducted with any equipment unless it shall be owned by the authorized organization so licensed or, if not so owned, then used without any compensation therefor by the licensee.
C. 
No expenses shall be incurred or paid in connection with the conducting of any game of bingo except those that are reasonable and necessary for supplies, prizes, stated rental if any, bookkeeping or accounting services according to the schedule prescribed by the Board, janitorial services, utility supplies, license fees and the cost of bus transportation, if authorized by the Board.

§ 49-16 Charge for admission and participation; award of prizes; alcoholic beverages.

A. 
Not more than $5 or such other amount as may be authorized by the General Municipal Law may be charged for admission, except for the conduct of limited-period bingo.
B. 
In limited-period bingo, no admission fee shall be charged or not more than $0.25 or such other amount as may be authorized by the General Municipal Law, may be charged for a single opportunity to participate in any one game, which shall entitle such person to one card for participation in one game, and no such licensee shall sell more than five opportunities to each player in any one game.
C. 
Every winner shall be determined and every prize shall be awarded and delivered within the same calendar day as that upon which the game was played.
D. 
No alcoholic beverage shall be offered or given as a prize in any game of bingo.

§ 49-17 Advertising.

A. 
A licensee may advertise by means of newspaper, radio, circular, handbill, poster and by one sign not exceeding 60 square feet. The sign may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization.
B. 
When an organization is licensed to conduct bingo occasions on the premises of another licensed authorized organization or of a licensed commercial lessor, one additional such sign may be displayed on or adjacent to the premises in which the occasions are to be conducted.
C. 
Additional signs may be displayed upon any fire-fighting equipment belonging to any licensed authorized organization which is a volunteer fire company or upon any equipment of a first aid or rescue squad in and throughout the community served by such volunteer fire company or such first aid or rescue squad, as the case may be.
D. 
All advertisements shall be limited to the description of such event as bingo, the name of the licensed authorized organization conducting such occasions, the license number as assigned by the Town Clerk and the date, location and time of the bingo occasion.

§ 49-18 Statement of receipts, expenses; additional license fees.

A. 
The following shall be furnished to the Town Clerk within seven days after a bingo occasion by a statement subscribed by a member in charge of the licensee's bingo game(s) and affirmed as true under penalties of perjury:
(1) 
Gross receipts.
(2) 
Each item of expense incurred or paid.
(3) 
The name and address of any payee.
(4) 
A detailed description of merchandise purchased or services rendered.
(5) 
The net proceeds derived.
(6) 
The use or intended use of the net proceeds.
(7) 
A list of prizes offered, given and values thereof.
B. 
Upon filing the above, the Town Clerk shall collect from the licensee an additional license fee based upon the reported net proceeds in accordance with a schedule established by the Board for the purpose of defraying the cost to the Town of Wawayanda.
C. 
The licensee shall maintain and keep regular books and records to substantiate each such subscribed statement of account.
D. 
Within 15 days after the end of each calendar quarter during which there has been any occasion of bingo, a summary statement of such information, in a form prescribed by the state, shall be furnished to the Board.

§ 49-19 Examination of books and records, managers; disclosure.

A. 
The Town Board and the Board shall have power to examine or cause to be examined the books and records of any authorized organization, including any of its members under oath, which is or has been licensed to conduct bingo, so far as they may relate to bingo operations.
B. 
Any licensed authorized commercial lessor may also be so examined in relation the leasing arrangement.
C. 
Information obtained by reason of any such examination shall not be disclosed except as may be necessary for the enforcement of this law and Article 19-B of the Executive Law.

§ 49-20 Appeals.

Any applicant for or holder of any license issued or to be issued under this chapter aggrieved by any action of the Town Board may appeal to the Racing and Wagering Board from the determination of the Town Board by filing with the Town Board a 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 Board and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue, and the action of the Racing and Wagering Board upon said appeal shall be binding upon said Town Board and upon all parties to said appeal.

§ 49-21 Exemption from prosecution.

Any person or corporation conducting or participating in bingo games or upon premises lawfully licensed shall be exempt from prosecution or conviction for violation of any provision of Article 225 of the Penal Law (Gambling Offenses); provided, however, that the license shall not have been obtained through false pretenses or statements and the person(s) so conducting or participating is free of knowingly conducting or participating in such games under false pretenses or false statements.

§ 49-22 Offenses; forfeiture of license; ineligibility for license.

Any person, association or corporation who or which shall make any false statement in any application for any license authorized to be issued under this chapter; pay or receive, for the use of any premises for conducting bingo, a rental in excess of the amount specified as the permissible rent; fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of bingo or the leasing of premises to be used for the conduct of bingo; falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of bingo, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; divert or pay any portion of the net proceeds of any game of bingo to any person, association or corporation, except in furtherance of one or more of the lawful purposes defined in this chapter; or e any of the provisions of this chapter or of any term of any license issued under this chapter shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for one year thereafter.

§ 49-23 Unlawful games.

Any person, business or organization operating or conducting bingo is guilty of a misdemeanor except as follows:
A. 
When conducted pursuant to a valid bingo license;
B. 
When held within the confines of home for recreation or amusement only and there is no fee of any kind paid for the opportunity of playing, the number of participants does not exceed 15 and the prizes are nominal in value;
C. 
When held by a bona fide senior citizens organization, comprised of persons 55 years of age or older and the organization has received an identification number from the Board or its equivalent, nothing of value is furnished for the opportunity to participate, the prizes are nominal in value, no person other than a bona fide active member of the organization participates in the conduct of the games and no one is paid for conducting or assisting in the conduct of the game; or
D. 
When a hotel holds such bingo game as a social activity for the sole purpose of amusement and recreation pursuant to an identification number issued by the Board, nothing of value is furnished for the opportunity to participate, the value of the prizes shall not exceed $5 for any one game or a total of $100 in any one calendar day or such other amount as may be authorized by the General Municipal Law, no one other than a hotel employee or volunteer conducts or assists in the games and the game or games are not conducted in the same room where alcoholic beverages are sold.

§ 49-24 Effective date.

This chapter shall take effect on the 30th day following approval by a majority of the electors entitled to vote thereon at either a special election, to be held therefor or at the next general election, whichever shall sooner occur.[1]
[1]
Editor's Note: This local law was passed at mandatory referendum at the special election held 5-23-1996. Said local law was originally numbered as Ch. 6 and was redesignated to be included in the correct part of the Code.

§ 49-25 Amendment and repeal.

This chapter may be amended from time to time or repealed by the Town Board, and such amendment or repeal may be made effective not earlier than 30 days following the date of enactment of such amendment or repeal. The approval of a majority of the electors of the Town of Wawayanda shall not be a condition prerequisite to the taking effect of such local law.

§ 49-26 Delegation of authority.

The Town Board may delegate to an officer or officers thereof designated by it for that purpose any of the authority granted to it hereby in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings, the supervision of the operation of the games and the collection and transmission of fees.