[HISTORY: Adopted by the Town Board of the Town of Newfane 8-23-1989 (Ch. 16A of
the 1971 Code). Amendments noted where applicable.]
This chapter shall be titled the "Games of Chance Ordinance
of the Town of Newfane."
As used in this chapter, the following terms shall have the
meanings indicated:
An authorized organization as defined in Subdivision 4 of
§ 186 of the General Municipal Law, as follows:
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"Authorized Organization" shall mean and include any bona fide
religious or charitable organization or bona fide educational or service
organization or bona fide organization of veterans or volunteer firemen,
which by its charter, certificate of incorporation, constitution or
act of the legislature shall have among its dominant purposes one
or more of the lawful purposes as defined in this article, provided
that each shall operate without profit to its members, and provided
that each such organization has engaged in serving one or more of
the lawful purposes as defined in this article for a period of three
years immediately prior to applying for a license under this article.
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No organization shall be deemed an authorized organization which
is formed primarily for the purpose of conducting games of chance
and the distribution of the proceeds thereof to itself or any other
organization and which does not devote at least 75% of its activities
to other purposes set forth in this subdivision. No political party
shall be deemed an authorized organization.
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Games of chance as defined in Subdivisions 3 and 3-a of § 186
of the General Municipal Law.
Authorized organizations may, upon obtaining a license from
the Town Clerk, conduct games of chance within the Town of Newfane
as provided in Article 9-A of the General Municipal Law and as provided
further in this chapter. Such games of chance shall be conducted in
accordance with the laws of the State of New York and within the rules
and regulations adopted by the New York State Racing and Wagering
Board and pursuant to this chapter.
The conduct of games of chance shall be subject to the restrictions
imposed by § 189 of the General Municipal Law.
Games of chance may be conducted on Sunday pursuant to this
chapter. However, no games of chance shall be conducted on Easter
Sunday, Christmas Day or New Year's Eve.
The Niagara County Sheriff shall exercise control over and supervision
of all games of chance conducted under duly authorized license. The
Sheriff shall have all those powers and duties set forth in and for
the enforcement of Article 9-A of the General Municipal Law.
This chapter shall take effect 10 days after posting and publication
thereof.[1]
[1]
Editor's Note: This ordinance was approved at referendum
by a majority of the voters voting thereon at the general election
held 11-7-1989. A Town Board resolution of 12-13-1989 recounts the
adoption procedure for this ordinance and orders, in part, as follows:
"that it shall be lawful for any authorized organization upon obtaining
a license therefor to conduct games of chance within the territorial
limits of the Town of Newfane."
