As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED GAMES OF CHANCE HALL LESSOR An authorized organization which has been granted a lessor's license pursuant to this chapter to lease a hall in which games of chance are to be conducted.
AUTHORIZED ORGANIZATION Includes any bona fide religious or charitable organization or bona fide educational or service organization or bona fide organization of veterans or volunteer firemen which shall have as a dominant purpose one (1) or more of the lawful purposes as defined in this chapter. Such organization shall be in existence and operating for this lawful purpose for a period of at least three (3) years immediately prior to applying for a license under this chapter. No political party shall be seen as an "authorized organization."
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT Any person, firm, partnership or organization licensed by the Board to sell or lease games of chance equipment or paraphernalia which comply with the specifications and regulations established by the Board. Nothing in this chapter shall prevent an authorized organization from purchasing common articles, such as cards and dice, from normal sources of supply of such articles or from constructing equipment and paraphernalia for games of chance for its own use. However, no such equipment or paraphernalia constructed by an authorized organization shall be sold or leased to any other authorized organization without the written authorization of the Board.
BOARD The New York State Racing and Wagering Board.
CLERK The Town Clerk of the Town of Islip.
GAMES OF CHANCE Includes specific "games of chance" in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but does not include games commonly known as "bingo" or "lotto" and also does not include slot machines, bookmaking and policy or numbers games, as defined in § 225.00 of the New York State Penal Law. No "game of chance" shall involve the wagering of money by one player against another.
LAWFUL PURPOSE Includes one (1) or more of the following purposes or causes:
A. Shall benefit needy and deserving persons, in allowing for their religious or educational advancement, or relieving them from disease or distress, or by aiding their physical well-being, or by helping them to establish themselves as worthy and useful citizens, or by enhancing their loyalty to the government.
B. Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.
C. Those which shall otherwise lessen the burdens borne by government or which are voluntarily undertaken by an authorized organization to augment or supplement services which the government would normally render to the people.
LICENSE PERIOD The conducting of any type of game of chance on any one (1) occasion which shall not exceed the period of fourteen (14) consecutive hours. No series of prizes on any one (1) "license period" shall exceed the sum of one thousand dollars ($1,000).
[Amended 6-6-78]
PRIZE A sum of money or item of merchandise or service which is awarded to one who wins a game of chance, and where those who do not win surrender their currency, at the conclusion of a single operation of a game of chance. No "prize" for any one (1) participant in any one (1) operation of such game of chance shall exceed one hundred dollars ($100.). If a "prize" is awarded based on odds, only that portion in excess of the winning wager made shall be considered the "prize." If merchandise or services are awarded as the "prize," the value shall be seen as the actual cost of the merchandise or service.
On or before the 30th day of each month, the Clerk shall transmit to the State Comptroller a sum equal to fifty percent (50%) of all authorized games of chance hall lessors' license fees, plus the sum of fifteen dollars ($15.) per license period for the conduct of games of chance collected by the Clerk during the preceding month.
The Clerk shall have the power to examine or cause to be examined the books and records of:
A. Any authorized organization which is presently or which has been licensed to conduct games of chance, as far as they might relate to the conducting of these games of chance and the disposition of the net proceeds derived therefrom. In addition, the Clerk may examine or cause to be examined any manager, officer, member or agent of the authorized organization, under oath, in relation to any matter which may be related to the conduct of the games of chance and the disposition of the net proceeds.
B. Any authorized games of chance hall lessors, as far as they might relate to the leasing of a hall or premises for games of chance and, in addition, the Clerk may examine or cause to be examined any manager, officer, member or agent of the lessor, under oath, in relation to such leasing and the disposition of the net proceeds derived therefrom.
It shall be a violation of this chapter for any person, corporation, association or organization to:
A. Make any false statement in any application for any license authorized under this chapter.
B. Pay or accept payment for the use of any hall or premises for conducting games of chance in an amount greater than the amount set forth in the license provided for by this chapter.
C. Fail to keep such books and records as shall fully and truly record and reflect all transactions connected with the conducting of games of chance or the leasing of the hall or premises for such purpose.
D. Falsify or make any false entry in any books or records relating to the manner of conduct of such games of chance, the rents received and the manner of disposition of the net proceeds.
E. Divert or pay any portion of the net proceeds of any game of chance to any person, association, corporation or organization except in the furtherance of one (1) or more of the lawful purposes as set forth in this chapter.
F. Violate any of the rules, restrictions or guidelines that are established and set forth in this chapter.
If any provision of this chapter or the application thereof to any person, association, corporation or organization or set of circumstances shall be adjudged unconstitutional or in violation of any other law by any court of competent jurisdiction, the remainder of this chapter or the application thereof to any other person, association, corporation or organization or set of circumstances shall not be affected thereby.
The provisions of this chapter shall not become effective until adopted by the Town Board of the Town of Islip, after a public hearing, and until the proposition, as approved by the Town Board of the Town of Islip, shall be submitted to the voters of the Town of Islip at a general or special election and approved by a vote of the majority of the qualified voters of the Town of Islip voting thereon. In no event will the provisions of this chapter be effective within the Town of Islip prior to January 1, 1977.
[Added 6-6-78; amended 2-6-79]
Enforcement of the rules and regulations of this ordinance shall be pursuant to the General Municipal Law, § 194(1). That section permits the chief law enforcement officer of the municipality to exercise rigid control and close supervision over all games of chance conducted under any license. Therefore, the Supervisor, or those designated by him, is hereby delegated the responsibility of control and supervision of all games of chance.