Town of Union, NY Chapter 79 Bingo and Games of Chance

[HISTORY: Adopted by the Town Board of the Town of Union as indicated in article histories. Amendments noted where applicable.]

Article I Bingo

[Adopted 11-7-1972 by L.L. No. 1-1972]

§ 79-1 Conduct of bingo authorized; restrictions.

It shall be lawful for any authorized organization, as defined in the General Municipal Law, Article 14-H, § 476, upon obtaining the required license and upon paying in advance the required fee for each game, to conduct the game of bingo within the territorial limits of the Town of Union, including on Sunday, subject to the provisions of this article, Article 14-H of the General Municipal Law and Article 19-B of the Executive Law and the following restrictions:

A. No person, firm, association, corporation or organization other than a licensee under the provisions of Article 14-H of the General Municipal Law shall conduct such game 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 the game.

C. No authorized organization licensed under the provisions of Article 14-H of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adopted 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. No series of prizes on any one bingo occasion shall aggregate more than $3,000.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. No person except a bona fide member of any 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 this article shall constitute and be punishable as a misdemeanor.

J. No person licensed to sell bingo supplies or equipment, or his agents, shall conduct, participate in or assist in the conduct of bingo. Nothing herein shall prohibit a licensed distributor from selling, offering for sale or explaining a product to an authorized organization or installing or servicing bingo equipment upon the premises of a bingo game licensee.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

K. Limited period bingo shall be conducted in accordance with the provisions of Article 14-H of the General Municipal Law and the rules and regulations of the Bingo Control Commission.

§ 79-2 Construal of provisions; amendments.

This article and any license issued thereunder shall, in case of conflict, be deemed automatically amended to conform to any future enactment by the legislature of the State of New York of any new law or laws relating to any part or parts of the subject matter of this article and of any amendments to, recisions of or other changes in Article 14-H of the General Municipal Law and Article 19-B of the Executive Law of the State of New York and may be amended by the Town Board as provided by law.

§ 79-3 Penalties for offenses. [1]

The unauthorized conduct of a bingo game and any willful violation of any provision of this article shall constitute and be punishable as a misdemeanor, and the violator shall forfeit any license issued under this article and be ineligible to apply for a license under this article for one year thereafter, and any false statements in any applications or reports or violations of the terms of any license issued hereunder or of the provisions of this article or of any of the laws to which reference is made herein shall be deemed as included.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article II Games of Chance

[Adopted 6-5-1991 by L.L No. 8-1991]

§ 79-4 Statutory authority; title.

This article is adopted pursuant to the authority of Article 9-A of the General Municipal Law of the State of New York and shall be known as the "Games of Chance Local Law of the Town of Union."

§ 79-5 Definitions.

A. The words and terms used in this article shall have the same meanings as such words and terms are used in Article 9-A of the General Municipal Law, unless otherwise provided herein or unless the context requires a different meaning.

B. As used in this article, the following terms shall have the meanings indicated:

CHIEF LAW ENFORCEMENT OFFICER OF THE TOWN OF UNION

The Sheriff of the County of Broome.

TOWN

The area of the Town of Union outside of the Incorporated Villages of Endicott and Johnson City.

§ 79-6 Games of chance authorized; restrictions.

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 said General Municipal Law, to conduct games of chance within the Town of Union, subject to the provisions of this article, the provisions of Article 9-A of said General Municipal Law and the rules and regulations set forth by the New York State Racing and Wagering Board. The conduct of games of chance shall be subject to the restrictions imposed by § 189 of the General Municipal Law.

§ 79-7 Sunday games.

Games of chance may be commenced under any license issued pursuant to this article on Sunday between the hours of 12:00 noon and 12:00 midnight only, except that the application for a license may request approval to conduct such games of chance beyond 12:00 midnight if the following day is a legal holiday. Notwithstanding the foregoing provisions of this section, no games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.

§ 79-8 Control and supervision.

The powers and duties set forth in Subdivisions 1 and 2 of § 194 of the General Municipal Law shall be exercised by the chief law enforcement officer of the Town of Union.

§ 79-9 Penalties for offenses. [1]

The unauthorized conduct of games of chance and any willful violation of any provision of this article shall constitute and be punishable as a misdemeanor, and the violator shall forfeit any license issued under this article and be ineligible to apply for a license under this article for one year thereafter, and any false statements in any applications or reports or violations of the terms of any license issued hereunder or of the provisions of this article or of any of the laws to which reference is made herein shall be deemed as included.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).