[HISTORY: Adopted by the Board of Trustees of the Village of Rockville
Centre as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-20-1975 by L.L.
No. 2-1975]
The following definitions are applicable to this article:
A person "advances gambling activity" when, acting other than as
a player, he engages in conduct which materially aids any form of gambling
activity. Such conduct includes but is not limited to conduct directed toward
the creation or establishment of the particular game, contest, scheme, device
or activity involved, toward the acquisition or maintenance of premises, paraphernalia,
equipment or apparatus therefor, toward the solicitation or inducement of
persons to participate therein, toward the actual conduct of the playing phases
thereof, toward the arrangement of any of its financial or recording phases,
or toward any other phase of its operation. One "advances gambling activity"
when, having substantial proprietary or other authoritative control over premises
being used with his knowledge for purposes of gambling activity, he permits
such to occur or continue or makes no effort to prevent its occurrence or
continuation.
Any contest, game, gaming scheme or gaming device in which the outcome
depends in a material degree upon an element of chance, notwithstanding that
the skill of the contestants may also be a factor therein.
A person engages in gambling when he stakes or risks something of
value upon the outcome of a contest of chance or a future contingent event
not under his control or influence, upon an agreement or understanding that
he will receive something of value in the event of a certain outcome.
Any device, machine, paraphernalia or equipment which is used or
usable in the playing phases of any gambling activity, whether such activity
consists of gambling between persons or gambling by a person involving the
playing of a machine. Notwithstanding the foregoing, lottery tickets, policy
slips and other items used in the playing phases of lottery and policy schemes
are not gambling devices.
A person who engages in any form of gambling solely as a contestant
or bettor, without receiving or becoming entitled to receive any profit therefrom
other than personal gambling winnings and without otherwise rendering any
material assistance to the establishment, conduct or operation of the particular
gambling activity. A person who gambles at a social game of chance on equal
terms with the other participants therein does not otherwise render material
assistance to the establishment, conduct or operation thereof by performing,
without fee or remuneration, acts directed toward the arrangement or facilitation
of the game, such as inviting person to play, permitting the use of premises
therefor and supplying cards or other equipment used therein. A person who
engages in bookmaking, as defined in this section, is not a player.
A person "profits from gambling activity" when, other than as a player,
he accepts or receives money or other property pursuant to an agreement or
understanding with any person whereby he participates or is to participate
in the proceeds of gambling activity.
A gambling device which, as a result of the insertion of a coin or
other object, operates, either completely automatically or with the aid of
some physical act by the player, in such manner that, depending upon elements
of chance, it may eject something of value. A device so constructed, or readily
adaptable or convertible to such use, is no less a slot machine because it
is not in working order or because some mechanical act of manipulation or
repair is required to accomplish its adaptation, conversion or workability;
nor is it any less a slot machine because, apart from its use or adaptability
as such, it may also sell or deliver something of value on a basis other than
chance. A machine which sells items of merchandise which are of equivalent
value, is not a slot machine merely because such items differ from each other
in composition, size, shape or color.
Any money or property, any token, object or article exchangeable
for money or property, or any form of credit or promise directly or indirectly
contemplating transfer of money or property or of any interest therein, or
involving extension of a service, entertainment or a privilege of playing
at a game or scheme without charge.
Not specifically authorized by law.
A.Â
A person is guilty of possession of a gambling device
when, with knowledge of the character thereof, he manufactures, sells, transports,
places or possesses, or conducts or negotiates any transaction affecting or
designed to affect ownership, custody or use of:
B.Â
Possession of a gambling device is an offense under this
article.
[Adopted 2-22-1971 by L.L. No. 1-1971
as Ch. 7, Art. II, of the 1971 Code]
As used in this article, the following terms shall have the meanings
indicated:
Any game involving an element of skill or chance which is caused to
operate or may be operated as a result of the insertion of any piece of money
or coin or the insertion of any object for which a fee, charge or other consideration
is imposed directly or indirectly.
Any machine or apparatus, whether manually, mechanically, electrically
or otherwise operated, and whether or not affixed or attached to or installed
in any premises or place, in or upon which machine or apparatus a game involving
any element of chance, skill or knowledge may be played by one or more persons,
singly or collectively, upon the payment of a fee, charge or other consideration
directly or indirectly.
Any machine or apparatus of the type, design, class or construction
commonly known as cue ball, ski ball, game of knowledge or other similar games
which are played upon payment of a fee, charge or other consideration directly
or indirectly.
Any electrically operated machine upon which any game or contest
of skill, chance or amusement may be played upon payment of a fee, charge
or other consideration directly or indirectly, including but not limited to
any shooting device in which no firearm ammunition is used and any game, machine,
apparatus, paraphernalia or device of the type, design, class or construction
commonly known as "pinball" or "bagatelle."
[Added 8-11-1980 by L.L.
No. 6-1980]
[Amended 8-11-1980 by L.L.
No. 6-1980]
It shall be unlawful for any person, by himself or by an agent or employee,
to possess or maintain a pinball machine or a coin-operated device, as hereinbefore
defined, involving an element of chance, skill or knowledge, or to permit
the maintenance or operation of any such pinball machine or coin-operated
device in any premises or place within 500 feet from any school property in
the Incorporated Village of Rockville Centre, Nassau County, New York.
A person or persons violating any of the provisions of this ordinance
shall be liable to a fine of not exceeding $100, and any violation thereof
shall constitute and is hereby declared to be disorderly conduct, and any
person or persons violating this ordinance or any provision thereof shall
be and is hereby declared a disorderly person.
