[HISTORY: Adopted by the Town Board of the
Town of Clarkstown: Art. I, 4-3-1974 by L.L. No. 2-1974 as Ch. 27 of the 1974
Code; Art. II, 10-13-1976 (Ch. 49A of the 1974 Code). Sections 102-2, 102-5A and
B, 102-8, 102-9, 102-10, 102-11A, 102-12, 102-13, 102-14A and 102-15
amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Sunday activities — See Ch.
256.
[Adopted 4-3-1974 by L.L. No. 2-1974 as
Ch. 27 of the 1974 Code[1]]
[1]
Editor's Note: This legislation was originally
approved by special election on 5-7-1959.
This Article shall be known and cited as the
"Bingo Ordinance of the Town of Clarkstown."
Bingo shall be conducted in accordance with
the regulations set forth in § 479 of the General Municipal
Law.[2]
[Adopted 10-13-1976 (Ch. 49A of the 1974 Code)]
The Town Board finds the raising of funds for
the promotion of bona fide charitable religious organizations, 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 Article 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.Â
As used in this Article, 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 (1) occasion," "single prize" and
"series of prizes" shall have the meanings designated in the definitions
set forth in Article 9-A of the General Municipal Law.[1]
B.Â
LICENSED PERIOD
OFFICER
STATE BOARD
TOWN BOARD
TOWN CLERK
As used in this Article, the following terms shall
have the meanings indicated:
As set forth in Article 9-A of the General Municipal Law.[2]
The Chief of Police of the Town of Clarkstown shall be the
"officer" designated in Article 9-A of the General Municipal Law as
the chief law enforcement officer of this municipality.
The New York State Racing and Wagering Board.
The Town Board of the Town of Clarkstown.
The Town Clerk of the Town of Clarkstown.
C.Â
Words singular in form may include the plural, and
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, entitled "Local Option for Conduct of Games and 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 Article shall be permitted to conduct games
of chance within the territorial of the Town of Clarkstown.
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 or the Town Clerk, duly executed and verified,
in which shall be stated such information as required by § 190
of the General Municipal Law.
A.Â
Games of chance shall be conducted in accordance with
the regulations set forth in § 189 of the General Municipal
Law.
B.Â
The conduct of games of chance on Sunday is only permitted
when it is specifically provided for in the license issued. No games
of chance, however, shall be conducted on Easter Sunday, Christmas
Day, New Year's Eve, Rosh Hashanah or Yom Kippur.
C.Â
No hall or other premises shall be used for the conduct
of games of chance unless said hall or premises, where applicable,
compiles with, the fire laws of the State of New York and of the Town
of Clarkstown.
The investigation of applicants, issuance of
licenses and the term of licenses shall be as set forth in § 191
of the General Municipal Law.
A.Â
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 in accordance with
§ 192 of the General Municipal Law.[1]
B.Â
An applicant for or holder of any license hereunder
aggrieved by any action of the Town Clerk to which an application
has been made or by which 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 thirty (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.Â
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.Â
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 or the Town Clerk and as set forth in § 193
of the General Municipal Law.
B.Â
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 or the Town Clerk and as set forth
in § 193 of the General Municipal Law.
A.Â
The officer shall have and exercise rigid control
and close supervision over all games of chance conducted under each
license in accordance with the provisions set forth in § 194
of the General Municipal Law.
B.Â
In accordance with § 194 of the General
Municipal Law and 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.Â
Within seven (7) days after the conclusion of any
licensed period, the authorized organization which conducted the games
of chance and 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 in accordance with the
provisions of § 195-f of the General Municipal Law.[1]
B.Â
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 five percent (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 actual
cost to the Town of Clarkstown of administering the provisions of
this Article.
C.Â
Examination of books and records.
(1)Â
The Town Clerk and the State Board shall have the
power to examine or cause to be examined the books and records of:
(a)Â
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)Â
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)Â
Any information so received shall not be disclosed
except for the purpose of carrying out the provisions of this Article.
A.Â
No person under the age of eighteen (18) years shall
be permitted to play any game of chance conducted pursuant to any
license issued under this Article in accordance with the provisions
of § 195-a of the General Municipal Law.
B.Â
The frequency of conduct of games of chance shall
be in accordance with § 195-b of the General Municipal Law.
C.Â
No person shall operate or conduct any games of chance
under any license issued under this Article except as provided in
§ 195-c of the General Municipal Law.
D.Â
Not more than two dollars ($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
Article. Every winner shall be determined and every prize shall be
awarded and delivered on the same calendar day as the game was played,
in accordance with the provisions of § 195-d of the General
Municipal Law.
E.Â
Games of chance shall be advertised in accordance
with the provisions of § 195-e of the General Municipal
Law.
F.Â
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, as provided in § 195-i
of the General Municipal Law.
G.Â
Any person, association, corporation or organization
who or which shall violate any of the provisions of § 195-j
of the General Municipal Law shall be guilty of a misdemeanor and
shall forfeit any license issued under this Article and be ineligible
to apply for a license under this Article for at least one (1) year
thereafter.
H.Â
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:
(1)Â
In accordance with a valid license issued pursuant
to this Article; or
(2)Â
On behalf of a bona fide organization of persons sixty
(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)Â
The organization has applied for and received
an identification number from the State Board.
(b)Â
No player or other person furnishes anything
of value for the opportunity to participate.
(c)Â
The prizes awarded or to be awarded are nominal.
(d)Â
No person other than a bona fide active member
of the organization participates in the conduct of the games of chance.
(e)Â
No person is paid for conducting or assisting
in the conduct of the games of chance.
I.Â
No alcoholic beverage, with the exception of beer,
shall be sold at any games of chance, in accordance with the provisions
of § 194, Subdivision 3, of the General Municipal Law.
J.Â
No alcoholic beverage shall be offered or given as
a prize in any games of chance.
K.Â
The unauthorized conduct of a game of chance shall
constitute and be punishable as a misdemeanor.
The provisions of this Article shall remain
inoperative in the Town of Clarkstown unless and until a proposition
therefor submitted at a special or general election in the Town of
Clarkstown shall be approved by a vote of the majority of the qualified
electors in such municipality voting thereon on November 2, 1976.
Upon approval by said electors, this Article shall be effective on
the first day of January next succeeding said election.
