[HISTORY: Adopted by the Town Board of the Town of New Berlin 11-20-2023 by L.L. No. 7-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was subject to referendum and passed said referendum on 11-7-2023.
This local law also repealed former Ch. 68, Bingo, adopted 5-6-1958, as amended 8-21-1995 by L.L. No. 5-1995.
The purpose of this chapter is to render it lawful for any authorized organization as defined in § 476 of the General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the Town of New Berlin, subject to the provisions of this chapter, Article 14-H of the General Municipal Law and Article 19B of the Executive Law.
No person, firm, association, corporation or organization other than the 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 a bingo hall or other premises for any consideration whatsoever, directly or indirectly. Applications for a license shall be pursuant to § 480 of the General Municipal Law.
The Town Board may delegate to an officer(s) of the Town of New Berlin designated by it for that purpose any of the authority granted to the Town Board pursuant to this chapter and Article 14-H of the General Municipal 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.
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 receipts rent profits derived from the operation of such games.
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 such use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law or another authorized organization.
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.
A. 
No prize shall exceed the sum or value of $250 in any single game of bingo.
B. 
No series of prizes on any one bingo occasion shall aggregate more than $1,000.
A. 
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
B. 
No person shall receive any remuneration for participating in the management or operation of any game of bingo.
A. 
No person under the age of 18 years shall be permitted to play any game(s) of bingo conducted pursuant to any license issued under this chapter unless accompanied by an adult. Nor shall any person under the age of 18 years conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this chapter.
B. 
Game(s) of bingo, except limited-period bingo, shall:
(1) 
Not be conducted under any license issued under this chapter more often than on 18 days in any three successive months;
(2) 
Be conducted between the hours of 9:00 a.m. and 12:00 midnight; and
(3) 
Not be conducted on more than three occasions on the same premises during the above-stated hours.
C. 
Game(s) of limited-period bingo shall:
(1) 
Not be conducted under any license under this chapter for a period of more than seven of 12 consecutive days in any one year;
(2) 
Be conducted between the hours of 12:00 noon and 12:00 midnight, and
(3) 
Not be conducted on more than two occasions in any one day.
No authorized organization licensed to conduct limited-period bingo shall be otherwise eligible to conduct bingo in the same calendar year.
D. 
No games(s) or bingo shall be conducted in any room or outdoor area where alcoholic beverages are sold, served or consumed during the progress of the game(s). No alcoholic beverage shall be given as a prize in any game of bingo.
E. 
No items of expense shall be incurred or paid in connection with the conducting of any game of bingo pursuant to any license issued under this chapter, except those that are reasonable and are necessarily expended for:
(1) 
Bingo supplies and equipment;
(2) 
Prizes;
(3) 
Stated rental, if any;
(4) 
Bookkeeping or accounting services according to the schedule of compensation prescribed by the Commission;
(5) 
Janitorial services and utility supplies, if any;
(6) 
License fees; and
(7) 
The cost of bus transportation, if authorized.
A. 
Within seven days after the conclusion of any occasion of bingo, the authorized organization which conducted the games, and its members who were in charge of the games, and when applicable, the authorized organization which rented its premises for the conduct of the games, shall each furnish to the Town Clerk a financial statement in the form prescribed by the Commission subscribed by the member in charge and affirmed by him as true, under the penalties of perjury, showing:
(1) 
The amount of the gross receipts derived from the games and each item of expense incurred or paid, and each item of expense made or to be made;
(2) 
The name and address of each person to whom each item of expenditure has been paid, or is to be paid, with a detailed description of the merchandise purchased or the services rendered;
(3) 
The net proceeds derived from the games or rental, as the case may be, and the use to which the net proceeds have been are to be applied; and
(4) 
A list of prizes offered and given, with their respective values.
B. 
It shall be the duty of each licensee to maintain and keep books and records as may be necessary to substantiate the particulars of each financial statement.
Limited-period bingo shall be conducted in accordance with Article 14-H of the General Municipal Law and the rules and regulations of the Racing and Wagering Board.
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.
If any clause, sentence, phrase, paragraph or any part of this chapter shall for any reason be adjusted finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or any part thereof, directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby intended to be the legislative intent that the remainder of this chapter would have been adopted had any such provisions not been included.
This chapter shall be submitted for the approval of the electors of the Town of New Berlin at the general election in such Town to be held on November 7, 2023, in accordance with § 23 of the Municipal Home Rule Law of the State of New York.[1]
[1]
Editor's Note: This chapter passed said referendum on said date.
Subsequent to being effective, this chapter may be amended, from time to time, or repealed by the Town Board and the 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 effecting the amendment of repeal, as the case may be; and the approval of a majority of the electors of the Town of New Berlin shall not be a condition prerequisite to the taking effect of the local law effecting the amendment or repeal.
This chapter shall take effect immediately upon filing with the Office of the Secretary of State of the State of New York, in accordance with the applicable provisions of law, and specifically Article 3, § 27 of the New York State Municipal Home Rule Law.