[HISTORY: Adopted by the Town Board of the Town of Berne 10-2-1984
by L.L. No. 2-1984, approved at referendum 12-8-1984.
Amendments noted where applicable.]
The terms "Control Commission," "bingo," "game," "authorized organization"
and "license" shall have the meanings designated by the Bingo Licensing Law.[1]
[1]
Editor's Note: See General Municipal Law Article 14-H (§ 475
et seq.).
No person, firm, association, corporation or organization other than
an authorized organization licensed under the provisions of the Bingo Licensing
Law shall be permitted to conduct bingo games within the territorial limits
of the Town of Berne.
No bingo game 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.
No person, firm, association, corporation or organization other than
a licensee under the provisions of Article 14-H of the General Municipal Law
shall lease or otherwise make available for conducting bingo, a hall or other
premises for any consideration whatsoever, direct or indirect.
No authorized commercial lessor shall conduct bingo games or lease or
otherwise make available for conducting bingo, a hall or other premises utilized
for such games on more than three occasions in any one week.
The maximum rent for each occasion that may be paid by a licensee for
the use of a hall or other premises for the conduct of bingo shall be limited
to the amount of $150 for such occasion, unless additional compensation is
authorized by the State Bingo Control Commission.
It shall be lawful for any authorized organization, upon obtaining a
license therefor as provided in the Bingo Licensing Law, to conduct the game
of bingo within the territorial limits of the Town of Berne, subject to the
provisions of this chapter, the provisions of the Bingo Licensing Law and
the provisions of the State Bingo Control Law.
The entire net proceeds of any game shall be exclusively devoted to
the lawful purpose of the organization permitted to conduct the same.
No single prize shall exceed the sum or value set forth in General Municipal
Law § 479.
No series of prizes on any one occasion shall aggregate an amount as
set forth in General Municipal Law § 479.
No person except a bona fide member of any such organization shall participate
in the management or operation of such game.
The identification cards for bingo workers, as required by Section 296.4
of the Rules and Regulations of the State Bingo Control Commission, shall
be prepared and issued solely by the office of the Town Clerk.
No person shall receive any remuneration for participating in the management
or operation of any such game.
A.Â
The Town Clerk is hereby delegated all of the authority
granted to the Town Board by the Bingo Licensing Law 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 the collection
and transmission of fees.
B.Â
The Town Clerk is hereby authorized to issue a license
authorizing the holding, operating and conducting of games of bingo on Sunday;
provided, however, that said games shall not be conducted before 2:00 p.m.
of that day and conditioned upon the limitations regarding games as they are
otherwise provided for.
Any person or persons, association or corporation committing an offense
against this chapter or any provision or section thereof is guilty of a Class
A misdemeanor punishable by a fine not exceeding $1,000 or imprisonment for
a period not exceeding one year for each such offense, or by both such fine
and imprisonment.
