[HISTORY: Derived from Ch. 12 of the 1978
Code of the Village of New Paltz. Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 120.
As used in this chapter, unless the context
requires otherwise, the following terms shall have the following meanings:
Any bona fide religious or charitable organization or bona
fide educational, fraternal, civic 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 as its dominant purpose or purposes one or more of the
lawful purposes as defined in the Bingo Licensing Law, 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 the Bingo Licensing Law, Article 14-H of the
General Municipal Law, for a period of one year immediately prior
to applying or a license under the Licensing Law.
Includes a specific game of chance, commonly known as “bingo”
or “lotto” in which prizes are awarded on the basis of
designated numbers on a card conforming to the numbers or symbols
selected at random.
The New York State Racing and Wagering Board.
A license issued pursuant to the provisions of this chapter.
It shall be lawful for any organization, upon
obtaining a license therefor as hereinafter provided, to conduct the
game of bingo within the territorial limits of the Village of New
Paltz, subject to the provisions of this chapter, the provisions of
Article 14-H (§§ 475 through 499) of the General Municipal
Law and the provisions of the New York State Racing and Wagering Board.
A.
Each applicant shall file with the Village Clerk of
the Village of New Paltz a written application in the form prescribed
in the rules and regulations of the Control Commission duly executed
and verified.
B.
In each application there shall be designated an active
member or members of the applicant organization under whom the game
or games of chance described in the application are to be held, operated
and conducted, and there shall be appended to the application a statement
executed and verified by the applicant and by the member or members
so designated that he, she or they will be responsible for the holding,
operation and conduct of such games of chance in accordance with the
terms of the license and the provisions of this chapter, the Bingo
Licensing Law, and the rules and regulations of the Control Commission,
if such license is granted.
C.
In the event that any premises upon which any such
game of chance is to be held, operated or conducted, or which is to
be used for any other purpose in connection with the holding, operation
or conduct thereof, is to be leased or rented from any person, persons
or corporations, the application shall be accompanied by a written
statement signed and verified under oath by such person or persons
or on behalf of such corporation, stating his or its address, the
amount of rent to be paid for such premises and stating that such
lessor, lessors or if a corporation, all of its officers and each
of its stockholders who hold more than 10% or more of its stock issued
and outstanding, are of good moral character and have not been convicted
of a crime.
Any game or games licensed hereunder shall be
subject to the following restrictions in addition to such other restrictions
as may be provided herein or contained in the rules and regulations
of the Control Commission.
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 in part, on the basis of a percentage of the receipts
or net profits derived from the operation of such 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 designated or adapted 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 organizations permitted to conduct the same.
E.
No
prize shall exceed the sum or value set annually by resolution of
the Board of Trustees in any single game of bingo.
[Amended 10-22-2014 by L.L. No. 13-2014]
F.
No
series of prizes on any one bingo occasion shall aggregate more than
the amount set annually by resolution of the Board of Trustees.
[Amended 10-22-2014 by L.L. No. 13-2014]
G.
No person except a bone 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 any provisions of this chapter shall constitute and be
punishable as a misdemeanor.
J.
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 Control Commission.
A.
The Village Clerk of the Village of New Paltz shall
cause to be investigated the qualifications of each applicant and
the merits of each application with due expedition after the filing
of the application.
B.
If
the Village Clerk shall determine that the requisite conditions have
been met by the applicant, he shall issue to the applicant for the
holding, operation and conduct of the specific kinds of games of chance
applied for, a license upon payment of a license fee or fees as set
annually by resolution of the Board of Trustees for each person upon
which any games of chance are to be conducted under such license,
which fees are to be paid to the Village Treasurer of the Village
of New Paltz.
[Amended 10-22-2014 by L.L. No. 13-2014]
C.
On or before the 30th day of each month the Village
Treasurer of the Village of New Paltz shall transmit to the State
Treasurer a sum equal to 50% of all license fees collected by the
Village of New Paltz pursuant to this section during the preceding
calendar month.
D.
No license shall be issued under this chapter which
shall be effective for a period of more than one year.
A.
No application for a license hereunder shall be denied
by the Village Clerk until after a hearing, held on due notice to
the applicant, at which the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
B.
Any license issued under this chapter may be amended
upon application to the Village Clerk, if the subject matter of the
proposed amendment could lawfully and properly have been included
in the original license, and upon the payment of such additional fee,
if any, as would have been payable if it had been so included.
Each license shall be in such form as shall
be prescribed in the rules and regulations promulgated by the Control
Commission.
The Board of Trustees or any officer designated
by it shall have and exercise control and supervision over all games
of chance held, operated or conducted under such license, and shall
have the power and authority to suspend any such license, and after
notice and hearing, to revoke the same for violation of any provision
of such license, this chapter, §§ 475 to 499 of the
General Municipal Law or the rules and regulations of the Control
Commission. The Board of Trustees or any officer designated by it
shall have the right of entry at all times into any premises where
any such games of chance is being held, operated or conducted, or
where it is intended that any such game of chance shall be held, operated
or conducted, or where any equipment being used or intended to be
used in the conduct thereof is found, for the inspecting the same.
A.
Games of bingo may be conducted in the Village on
the first day of the week, commonly known and designated as Sunday,
provided the license to conduct such game so specifies.
B.
Any license issued pursuant to this chapter may specify
that the holding, operating and conducting of the game of bingo on
Sunday is permissible where the Village Clerk shall determine that
the conduct of the game of Sundays will not interfere with the good
order and repose of the neighborhood where the game is to be conducted.
No person under the age of 18 years shall be
permitted to participate in any game or games of chance held, operated
or conducted pursuant to any license issued under this chapter unless
accompanied by an adult.
No game or games of chance shall be held, operated
or conducted under any license issued under this chapter oftener than
on six days in any one calendar month, or in any room or outdoor area
where alcoholic beverages are sold or served during the progress of
the game or games.
No persons shall hold, operate or conduct any game or 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 the holding, operating or conducting of any game or games of chance under such license except such 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 license is an auxiliary or a member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association and except bookkeepers or accountants as hereinafter provided and no such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee, and no item of expense shall by incurred or paid in connection with the holding, operating or conducting of any game of chance held, operated or conducted pursuant to any license issued under this chapter, except such as are bona fide items of reasonable amount for goods, wares and merchandise furnished or services rendered which are reasonably necessary to be purchased or furnished for the holding, operating or conducting any such game of chance thereon or for any other purpose in connection with the holding, operating or conducting thereof under any circumstances whatsoever; no rental shall be paid for the use of any premises for holding, operating or conducting thereof unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 79-3 of this chapter or which is in excess of the sum stated as the rental to be charged therefor in such statement; and no commission, salary, compensation, reward or recompense whatever shall be paid or given, directly or indirectly, to any person holding, operating or conducting, or assisting in the holding, operation or conduct of any game of chance so held, operated or conducted, except that reasonable compensation may be paid to bookkeepers or accountants for bookkeeping or accounting services rendered according to a schedule of compensation prescribed by the rules of the Control Commission.
[Amended 10-22-2014 by L.L. No. 13-2014]
Not more than the amount set annually by resolution of the Board
of Trustees shall be charged by any licensee for admission to any
room or place in which any game or games of chance are to be held,
operated and conducted under any license issued under this chapter,
which admission fee, upon payment thereof, shall entitle the person
paying the same to a card entitling him to participate without additional
charge, in all regular games of chance to be played under such license
on such occasion, and no charge in excess of the amount set annually
by resolution of the Board of Trustees shall be made for a single
opportunity to participate in all special games to be played under
such license on such occasion. No prize greater in amount or value
than the amount set annually by resolution of the Board of Trustees
shall be offered or given in any single game conducted under any such
license and the aggregate amount or value of all prizes offered or
given in all games played on a single occasion shall not exceed the
amount set annually by resolution of the Board of Trustees, and all
winners shall be determined and all prizes shall be awarded in any
game played on any occasion within the same calendar day as that upon
which the game was played. No alcoholic beverage shall be offered
or given as a prize in any such game.
No game of chance to be conducted under any
license issued under this chapter shall be advertised as to its location,
the time it is to be or has been played, or the prizes awarded or
to be awarded, by means of newspapers, 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
where the game will be played and an additional sign 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 equipment
belonging to any licensee which is a first-aid or rescue squad, in
and throughout the community or communities served by such volunteer
fire company or such first-aid or rescue squads, as the case may be.
Within seven days after the conclusion of any
occasion of bingo, the authorized organization which conducted the
same, and its members who were in charge thereof, and when applicable
the authorized organization which rented its premises therefor, shall
each furnish to the Commission and a copy to the Village Clerk of
the Village of New Paltz a statement subscribed by the member in charge
and affirmed by him as true, under the penalties of perjury, showing
the amount of gross receipts derived therefrom and each item of expense
incurred, or paid, and each item of expenditure made or to be made,
the name and address of each person to whom each such item 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 such game or rental, as the case may be, and the use to which
such proceeds have been or are to be applied and a list of the prizes
offered and given, with the respective values thereof, and 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 such statement.
The Board of Trustees or any officer designated
by it and the Control Commission shall have power to examine or cause
to be examined the books and records of any authorized organization
to which any such license is issued so far as they may relate to any
transactions connected with the holding, operating and conducting
of any game of chance thereunder and to examine any manager, officer,
director, agent, member or employee thereof under oath, in relation
to the conduct of any such game of chance under any such license,
but any information so received shall not be disclosed except so far
as may be necessary for the purposes of carrying out the provisions
of this chapter.
Any applicant for, or holder of, any license
issued or to be issued under this chapter aggrieved by any action
of the Village, its officers or agents, concerning an application
which has been made or a license which has been issued, may appeal
to the Control Commission from the determination of the Village, its
officers or agents, by filing with the Board of Trustees, a 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 Board of Trustees, and any additional evidence
may be produced and shall be considered in arriving at a determination
of the matters in issue, and the action of the Control Commission
upon said appeal shall be binding upon the Village and all parties
to said appeal.
No person or corporation (a) lawfully conducting
or participating in the conduct of, (b) possessing, selling or in
any manner disposing of, any shares, tickets or rights to participate
in, or (c) permitting the conduct upon any premises owned by him or
it of any game of chance conducted or to be conducted under any license
lawfully issued pursuant to this chapter, 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 this chapter, but this immunity shall
not extend to any person or corporation knowingly conducting or participating
in the conduct of any game of chance under any license obtained by
any false pretense or statement made in any application for such license
or otherwise, or possessing, selling or disposing of shares, tickets
or rights to participate in, or permitting the conduct upon any premises
owned 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.
Any person, association or corporation who or
which shall: (a) make false statement in any application for any license
authorized to be issued under this chapter; (b) pay or receive, for
the use of any premises for conducting bingo, a rental in excess of
the amount specified as the permissible rent in the license provided
for in Subdivision 2 of § 480 of Article 14-H of the General
Municipal Law; (c) fail to keep such books and records as shall fully
and truly record all transactions connected with the conducting of
bingo or the leasing of premises to be used for the conduct of bingo;
(d) falsify or make false entry in any books or records so far as
they relate in any manner to the conduct of bingo, to the disposition
of the proceeds thereof and to the application of the rents received
by any authorized organization; (e) divert or pay any portion of the
net proceeds of any game of bingo to any person, association or corporation,
except in furtherance of one or more of the lawful purposes defined
in this chapter; or (f) violate any of the provisions of this chapter
or of any term of any license issued under 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 one year thereafter.
