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