[HISTORY: Adopted by the Town Board of the Town of Hamburg, 5-13-1958;
effective 5-14-1958; amended 3-19-1963;
Referendum passed 5-12-1958. Amendments noted where applicable.]
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
Shall mean and include only bona fide religious, charitable or nonprofit
organizations of veterans, volunteer firemen and similar nonprofit organizations.
Shall mean and include a specific game of chance, commonly known
as bingo or lotto, in which prizes are awarded on the basis of designated
numbers or symbols on a card conforming to numbers or symbols selected at
random.
Shall mean the State Lottery Control Commission.
Shall mean a license issued pursuant to the provisions of this chapter.
[Amended 3-19-1963]
It shall be lawful for any authorized organization, upon obtaining a
license therefor, as hereinafter provided, to conduct the game of bingo within
the territorial limits of the Town of Hamburg, subject to the provisions of
this chapter, the provisions of Article 14-H and § 479 of the General
Municipal Law, as so renumbered by Chapter 438 of the Laws of 1962.
A.Â
Each applicant for a license shall file with the Town
Clerk of Hamburg a written application therefor in the form prescribed in
the rules and regulations of the Control Commission, duly executed and verified,
stating the name and address of the applicant, facts relating to its incorporation
and organization sufficient to enable determination to be made whether or
not the applicant is a bona fide authorized organization; the names and addresses
of its officers; the specific kinds of games of chance intended to be held,
operated and conducted by the applicant, and the place or places where, the
date or dates and the time or times when such games of chance are intended
to be held, operated and conducted by the applicant under the license applied
for; the items of expense intended to be incurred or paid in connection with
the holding, operating and conducting of such games of chance and the names
and addresses of the persons to whom, and the purposes for which, they are
to be paid; the specific purposes to which the entire net proceeds of such
games of chance are to be devoted and in what manner; that no commission,
salary, compensation, reward or recompense will be paid to any person for
holding, operating or conducting such game or games of chance or for assisting
therein except as in this chapter otherwise provided; and that no prize or
aggregate of prizes will be offered or given under such license of a value
in excess of the sum or value authorized to be offered or given by this chapter,
and a description of all prizes to be offered and given in all such games
of chance to be held, operated and conducted under such license and such other
information as shall be prescribed by such rules and regulations.
B.Â
To 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 to the application shall be appended a statement executed by the applicant
and by the member or members so designated, that be 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 the rules and regulations
governing the holding, operation and conduct of such games of chance and of
this chapter, if such license is granted.
C.Â
In the event that any premises, upon which any such game
of chance is to be held, operated or conducted or which are to be used for
any other purpose in connection with the holding, operating or conducting
thereof, are to be leased from any person, persons or corporation, a written
statement shall accompany the application signed and verified under oath by
such person or persons or executed and verified under oath on behalf of such
corporation, stating his or its address and the amount of rent which will
be paid for such premises and that such lessor or lessors, or if a corporation
all of its officers and each of its stockholders who hold 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 subjected 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.Â
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.Â
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 such game.
C.Â
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 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.Â
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.Â
No prize shall exceed the sum or value of $250 in any
single game of bingo.
F.Â
No series of prizes on any one occasion shall aggregate
more than $1,000.
G.Â
No person except a bona fide member of any such organization
shall participate in the management or operation of such game.
H.Â
No person shall receive any remuneration for participating
in the management or operation of any game of bingo.
I.Â
The unauthorized conduct of a bingo game and any willful
violation of any provision of this chapter shall constitute and be punishable
as a misdemeanor.
A.Â
The Town Board shall make an investigation of the qualifications
of each applicant and the merits of each application, with due expedition
after the filing of the application, and if it shall determine that the applicant
is duly qualified to be licensed under this chapter to hold, operate and conduct
games of chance under the provisions of this article and the rules and regulations
governing the holding, operation and conduct thereof in the municipality;
that the member or members of the applicant designated in the application
to hold, operate and conduct which the license was applied for, are bona fide
active members of the applicant and are persons of good moral character and
have never been convicted of a crime; that such games of chance are to be
held, operated and conducted in accordance with the provisions of this chapter
and in accordance with the rules and regulations governing the holding, operation
and conduct thereof and that the proceeds thereof are to be disposed of as
provided by this chapter, and if the Town Board is satisfied that no commission,
salary, compensation, reward or recompense whatever will be paid or given
to any person holding, operating or conducting or assisting in the holding,
operation and conduct of any such games of chance except as in this chapter
otherwise provided; and that no prize will be offered and given in excess
of the sum or value of $250 in any single game of chance, and that the aggregate
of, all prizes offered and given in all of such games of chance held, operated
and conducted on a single occasion under said license shall not exceed the
sum or value of $1,000, it shall issue a license to the applicant for the
holding, operation and conduct of the specific kinds of games of chance applied
for, accordingly, upon payment of a license fee or fees of $10 for each occasion
upon which any games of chance are to be conducted under such license.
B.Â
On or before the 30th day of each month, the Town Supervisor
shall transmit to the State Comptroller a sum equal to 50% of all license
fees collected by the Town of Hamburg pursuant to this section during the
preceding calendar mouth.
C.Â
No license shall be issued under this chapter,which shall
be effective for a period of more than one year.
A.Â
No application for the issuance of a license shall be
denied by the Town Board 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.Â
Any license issued under this chapter may be amended,
upon application made to the Town Board, if the subject matter of the proposed
amendment could lawfully, and properly have been included in the original
license and upon payment of such additional license 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 and shall contain a
description of the kind of games of chance authorized to be held, operated
and conducted thereunder, a statement of the name and address of the licensee,
of the names and addresses of the member or members of the licensee under
whom such games of chance will be held, operated and conducted, of the number
of times, or the hours during which such games of chance are authorized to
be conducted and the place or places where and the date or dates and time
or times when, such games of chance are to be conducted and of the specific
purposes to which the entire net proceeds of such games of chance are to be
devoted; if any prize or prizes are to be offered and given in cash, a statement
of the amounts of the prizes authorized so to be offered and given; and any
other information which may be required by said rules and regulations to be
contained therein, and each license issued for the conduct of any game or
games of chance shall be conspicuously displayed at the place where same is
to be conducted at all times during the conduct thereof.
[Amended 3-19-1963]
The Town Board shall have and exercise control and supervision over
all games of chance held, operated or conducted under such license, to the
end that the same are fairly held, operated and conducted in accordance with
the provisions of such license, the rules and regulations promulgated by the
Control Commission and the provisions of Article 14-H of the General Municipal
Law and shall have the power and the authority to suspend or revoke any license
issued by it, after notice and hearing, for violation of any such provision,
and shall have the right of entry by the respective officers and agents, at
all times into any premises where any such game of chance is being held, operated
and conducted or where it is intended that any such game of chance shall be
held, operated and conducted, or where any equipment being used or intended
to be used in the conduct thereof is found, for the purpose of inspecting
the same.
Such license may be issued authorizing the holding, operating and conducting
of such games on any day of the week.
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated and 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 person 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 licensee 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 be 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 for the holding, operating or conducting thereof under any circumstances whatever; no rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance thereon or for any other purpose in connection with the 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 § 73-3 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.
Not more than $1 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 $1 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 $250 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 $1,000, 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 when 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 on or
adjacent to the premises where the prize or prizes are displayed and additional
signs 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 squad in and throughout the community or communities served
by such volunteer fire company or such first-aid or rescue squad, as the case
may be.
Within 15 days after the conclusion of the holding, operating and conducting
of any such game of chance, the authorized organization which held, operated
or conducted the same, and its members who were in charge thereof, shall furnish
to the Town Clerk a duly verified statement showing the amount of the gross
receipts derived from each game of chance, which shall include receipts from
the sale of shares, tickets or rights in any manner connected with participation
in said game or the right to participate therein, 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 profit derived from each such game of chance, and the use
to which such net profit has been or is to be applied and a list of prizes
offered and given, with the respective values thereof, and it shall be the
duty of such licensee to maintain and keep such books and records as may be
necessary to substantiate the particulars of each such report.
The Town Board 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 purpose of carrying out the provisions
of this chapter.
Any applicant for, or bolder of, any license issued or to be issued
under this chapter, aggrieved by any action of the Town Board 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 Town Board by filing
with the governing body a written notice of appeal within 30 days after the
determination or action appeal from, and upon the hearing of such appeal,
the evidence, if any, taken before the Town Board 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 Town Board and all parties to said appeal.
No person or corporation lawfully conducting, or participating in the
conduct of, possessing, selling or in any manner disposing of, any 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 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 130 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 depositing 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
tinder 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 make any false statement in any application for any such license or in any statement annexed thereto or shall pay any rental for the use of any premises for holding, operating or conducting any game of chance under this chapter or for any other purpose in connection with the 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 § 73-3 of this chapter, or shall pay or receive any sum for such rental in excess of the sum stated as the rental to be charged therefor in such statement executed by him or on its behalf, or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of games of chance under any such license or shall falsify or make any false entry in any book or record so far as they relate to any transaction connected with the holding, operating or conducting of any game of chance under any such license or shall violate any of the provisions of this chapter or of any term of such license, shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one year thereafter.
This chapter may be amended, from time to time, or repealed by the Town
Board and such amendment or repeal, as the case may be, may be made effective
and operative not earlier than 30 days following the date of enactment of
the local law or ordinance effecting such amendment or repeal, as the case
may be; and the approval of a majority of the electors of such Town shall
not be a condition prerequisite to the taking effect of such local law or
ordinance.
The Town Board may delegate to an officer or officers thereof designated
by it for that purpose any of the authority granted to it hereby in relation
to the issuance, amendment and cancellation of licenses; the conduct of investigations
and hearings; the supervision of the operation of the games and collection
and transmission of fees.
If any provision of this chapter or the application thereof shall be
adjudged unconstitutional by any Court of competent jurisdiction, the remainder
of this chapter or the application thereof should not be affected thereby,
and the Town Board hereby declares that it would have enacted this chapter
without the invalid provision or application, as the case may be, had such
invalidity been apparent.
The provisions of this chapter shall become operative and effective
the day after the date on which same shall have been approved and ratified
by a vote of the majority of the qualified electors of the Town of Hamburg
voting on such proposition submitted to them at a general or special election
held within said Town of Hamburg.[1]
[1]
Editor's Note: Referendum held approving 5-12-1958.
