[HISTORY: Adopted by the Town Board of the Town of New Windsor 10-20-1976
by L.L. No. 9-1977, approved at referendum 11-2-1976 (Ch. 23 of the 1972 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 103.
The Town Board finds the raising of funds for the promotion of bona
fide charitable, educational, scientific, health, religious or patriotic causes
and undertakings, where the beneficiaries are undetermined, to be in the public
interest and that the mandate of § 9 of Article I of the Constitution
of the State of New York, as amended, should be carried out by rigid regulations
to prevent commercialized gambling, prevent participation by criminal and
other undesirable elements and prevent the diversion of funds from the purposes
herein authorized.
This chapter is subject and subordinate to all the conditions and provisions
contained in Article 9-A of the General Municipal Law and amendments thereto
and any and all rules and regulations and opinions adopted or to be adopted
by the New York State Racing and Wagering Board.
A.
As used in this chapter, 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 "prize" shall have the meanings designated
in the definitions set forth in Article 9-A of the General Municipal Law.
B.
LICENSED PERIOD
OFFICER
STATE BOARD
TOWN BOARD
TOWN CLERK
As used in this chapter, the following terms shall have
meanings indicated:
A period of time not to exceed 14 consecutive hours.
The Chief of Police of the Town of New Windsor.
The New York State Racing and Wagering Board.
The Town Board of the Town of New Windsor.
The Town Clerk of the Town of New Windsor.
C.
Words singular in form may include the plural, 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, titled "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 chapter shall
be permitted to conduct games of chance within the territorial limits of the
Town of New Windsor.
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 and 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 chapter 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 fewer
than four active members of the applicant organization under which 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 the license,
Article 9-A of the General Municipal Law, the provisions of this chapter and
the rules and regulations of the State Board.
C.
Each applicant for a license to lease premises to a licensed
organization for the purposes 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 chapter.
Pursuant to and in accordance with the provisions of § 188,
Subdivision 1 of the General Municipal Law of the State of New York and other
applicable provisions of law, it shall be lawful for any authorized organization,
upon obtaining a license therefor (as provided in Article 9-A of the General
Municipal Law), to conduct games of chance within the territorial limits of
the Town of New Windsor, subject to the provisions of this chapter, the provisions
of Article 9-A of the General Municipal Law and the rules and regulations
as set forth by the New York State Racing and Wagering Board. The conduct
of games of chance shall be subject to restrictions imposed by § 189
of the General Municipal Law.
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 chapter,
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 chapter
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 chapter, 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 chapter, and that no prize will be given
in excess of the sum or value as prescribed by § 189 of the General
Municipal Law, the Town Clerk shall issue a license to the applicant for the
conduct of games of chance, upon payment of a license fee as set forth in
the Schedule of Fees[1] each license period.[2]
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 authorized organization is duly qualified to be licensed under this chapter
and 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
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 chapter 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 as set forth in
the Schedule of Fees.[3]
D.
Under this chapter, no license shall be issued which
shall be effective for a period of more than one year.
A.
No application for the issuance of a license to 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 any action of the officer or 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.
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 game of chance shall be conspicuously displayed at the place where
the 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.
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 chapter 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
the 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 chapter.
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.
A.
Within seven days after the conclusion of any licensed
period, the authorized organization which conducted the games of chance, 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 filing the statement of receipts, the authorized
organization furnishing the same shall pay to the Town Clerk as and for an
additional fee a sum of 5% of the net proceeds, if any, for the licensed period
covered by the statement and determined in accordance with the schedule as
shall be established from time to time by the State Board or the Town Clerk
to defray the cost to the Town of New Windsor of administering the provisions
of this chapter.
C.
Examination of records.
(1)
The Town Clerk and the State Board shall have the power
to examine or cause to be examined the books and records of:
(a)
Any authorized organization which is or has been licensed
to conduct games of chance, so far as they 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.
(b)
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.
(2)
Any information so received shall not be disclosed except
for the purpose of carrying out the provisions of this chapter.
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 chapter. 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 chapter.
B.
No games of chance shall be conducted under any license
issued under this chapter 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 Sunday, Monday, Tuesday, Wednesday and Thursday; only between the hours
of 12:00 noon Friday and 2:00 a.m. Saturday; and only between the hours of
12:00 noon Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall
also apply to a legal holiday.
C.
No person shall hold, operate or conduct any games of
chance under any license issued under this chapter, except an active member
of the authorized organization to which the license is issued, and no person
shall assist in holding, operating or conducting of 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 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 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 chapter 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 chapter. Every winner shall be determined
and every prize shall be awarded and delivered on the same calendar day as
the game was played.
G.
No game of chance conducted or to be conducted in the
Town of New Windsor shall be advertised as to its location, the time when
it is to be or has been played, the prizes awarded or to be awarded or transportation
facilities to be provided to such game, by means of newspaper, radio, television
or sound trucks or by means of billboards, posters or handbills or 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 Article 9-A
of the General Municipal Law. 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.[1]
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 chapter; shall pay or receive a rental in excess of the amount specified as the permissive rent in the license provided for in § 162-6 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 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 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:
(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.
No alcoholic beverage, with the exception of beer, shall
be sold at any games of chance.
A.
Any person or persons, association or corporation committing
an offense against this chapter or any section or provision thereof is guilty
of a misdemeanor, punishable by a fine of not less than $250 and not more
than $1,000 or imprisonment for a period not exceeding one year for each such
offense, or by both such fine and imprisonment.
B.
Each day such violation continues, or is permitted to continue,
shall constitute a separate violation punishable as herein provided.
