Town of Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Aurora 7-14-1958. Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 70.
This chapter shall be known and may be cited as the "Bingo Licensing Ordinance."
As used in this chapter, unless the context requires otherwise, the following terms shall have the following meanings:
AUTHORIZED ORGANIZATION
Includes only bona fide religious, charitable or nonprofit organizations of veterans, volunteer firemen and similar nonprofit organizations.
BINGO or GAME
Includes 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.
CONTROL COMMISSION
The State Racing and Wagering Board.
[Amended 1-22-1990 by L.L. No. 1-1990]
LICENSE
A license issued pursuant to the provisions of this chapter and the Bingo Licensing Law, being Article 14-H, §§ 475 to 499, inclusive, of the General Municipal Law.
[Amended 1-22-1990 by L.L. No. 1-1990]
MUNICIPALITY
Includes the entire Town of Aurora.
A. 
The Town Board of the Town of Aurora does hereby determine that it shall be lawful for any authorized organization, upon obtaining a license therefor, to conduct the game of bingo within the territorial limits of the Town of Aurora, subject to the provisions of this chapter, the provisions of said Bingo Licensing Law and the provisions of the State Bingo Control Law, § 430 et seq. of the Executive Law of the State of New York.
[Amended 1-22-1990 by L.L. No. 1-1990]
B. 
This chapter shall become operative or effective when it shall have been approved by a majority of the qualified electors of the Town of Aurora voting on a proposition therefor submitted at a general or special election held within the Town of Aurora, held and conducted according to law in such cases made and provided.
[Amended 2-3-1969; 1-22-1990 by L.L. No. 1-1990]
The following restrictions upon the conduct of bingo games authorized hereby are hereby imposed:
A. 
No person, firm, association, corporation or organization, other than a licensee under the provisions of this chapter, 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 partly, 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 this chapter 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[1] or from another authorized organization.
[1]
Editor's Note: See § 430 et seq. of the Executive Law.
D. 
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. 
No prize shall exceed the sum or value of $250 in any single game of bingo.
F. 
No series of prizes on any one bingo occasion shall aggregate more than $1,000.
G. 
No person except a bona 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 provision of this chapter shall constitute and be punishable as a misdemeanor.
J. 
Limited-period bingo shall be conducted in accordance with the provisions of this chapter and the rules and regulations of the control commission.
Each applicant for a license shall file with the Clerk of the Town of Aurora a written application therefor in the form prescribed in the rules and regulations of the control commission, duly executed and verified, in which shall be stated all of the information, facts and circumstances set forth and prescribed by § 480 of said General Municipal Law and any amendments thereto.
[Amended 1-22-1990 by L.L. No. 1-1990]
The Town Board of the Town of Aurora 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 said Bingo Licensing Law to hold, operate and conduct games of bingo under the provisions of this chapter and the rules and regulations governing the holding, operation and conduct thereof in the Town of Aurora and if it shall find that the applicant meets all of the qualifications set forth in § 481, Subdivision 1, of said Bingo Licensing Law, it shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of bingo applied for, accordingly, upon payment of a license fee or fees of $18.75 for each occasion upon which any games of bingo are to be conducted under such license.
[Amended 1-22-1990 by L.L. No. 1-1990]
On or before the 30th day of each month, the Supervisor of the Town of Aurora shall transmit to the State Comptroller a sum equal to $11.25 per occasion of all license fees collected for the conduct of bingo and 50% of all commercial lessor license fees collected by such Town of Aurora during the preceding calendar month pursuant to § 481, Subdivision 2, of said Bingo Licensing Law.
[Amended 1-22-1990 by L.L. No. 1-1990]
No license for the holding, operation and conduct of any game or games of bingo shall be issued under this chapter which shall be effective for a period of more than one year.
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.
Any license issued under this chapter may be amended, upon application made to the Town Board of the Town of Aurora, 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.
[Amended 1-22-1990 by L.L. No. 1-1990]
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the control commission and shall contain the information, facts and circumstances prescribed by § 483 of the Bingo Licensing Law; and each license for the conduct of any game or games of bingo shall be conspicuously displayed at the place where the same is to be conducted at all times during the conduct thereof.
[Amended 1-22-1990 by L.L. No. 1-1990]
The Town Board of the Town of Aurora, issuing any license under this chapter, shall have and exercise control and supervision over all games of bingo 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 this chapter governing the holding, operation and conduct of the same; and such Town Board and the control commission shall have the power and the authority to suspend any license so issued and to revoke the same, after notice and hearing, for violation of any such provision and shall have the right of entry, by their respective officers and agents, at all times into any premises where any such game of bingo is being held, operated and conducted or where it is intended that any such game of bingo 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.
[Amended 1-22-1990 by L.L. No. 1-1990]
No games of bingo shall be conducted under any license issued under this chapter on the first day of the week, commonly known and designated as "Sunday," unless it shall be otherwise provided in the license issued for the holding, operating and conducting thereof.
[Amended 1-22-1990 by L.L. No. 1-1990]
No person under the age of 18 years shall be permitted to participate in any game or games of bingo held, operated and conducted pursuant to any license issued under this chapter unless accompanied by an adult.
[Amended 1-22-1990 by L.L. No. 1-1990]
No game or games of bingo shall be held, operated or conducted under any license issued under this chapter more often 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.
[Amended 1-22-1990 by L.L. No. 1-1990]
No person shall hold, operate or conduct or assist in holding, operating or conducting any game or games of bingo under any license issued under this chapter except such as are described and set forth in § 488 of the Bingo Licensing Law; and no such game of bingo 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 bingo 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 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 bingo 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 § 40-5 of this chapter or which is in excess of the sum stated as the rental to be charged therefor in such statement; and no rental shall be charged on the basis of a percentage of the receipts or net profits from the operation of any game or games; 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 conducting of any game of bingo 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.
Charges for admission and participation shall be as prescribed by § 489 of said Bingo Licensing Law or any amendments thereto.
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.
Advertising shall be as prescribed and regulated by § 490 of said Bingo Licensing Law or amendments thereto.
A statement of receipts, expenses and other matters shall be furnished to the Town Clerk of Aurora as prescribed by § 491 of said Bingo Licensing Law or amendments thereto.
The Town Board of the Town of Aurora and the control commission shall have the 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 bingo 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 bingo 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.
Appeals from decisions of the Town Board of the Town of Aurora may be taken by such persons or organizations to the control commission according to procedure prescribed by § 493 of the Bingo Licensing Law or amendments thereto.
[Amended 1-22-1990 by L.L. No. 1-1990]
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 bingo, conducted or to be conducted under any license lawfully issued pursuant to this chapter and the provisions of said Bingo Licensing Law, 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 bingo 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 bingo conducted under any license known to him or it to have been obtained by any such false pretense or statement.
[Amended 1-22-1990 by L.L. No. 1-1990]
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 bingo 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 § 40-5 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 bingo under any such license or shall falsify or make any false entry in any book or record so far as it relates to any transaction connected with the holding, operating or conducting of any game of bingo under any such license or shall violate any of the provisions of this chapter or said Bingo Licensing Law or 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 or under Article 14-H of the General Municipal Law for one year thereafter.
The provisions of this chapter shall remain inoperative in the Town of Aurora unless and until a proposition therefor submitted at a general or special election in such Town shall be approved by a vote of the majority of the qualified electors in such Town voting thereon. This chapter shall become effective immediately upon certification of the results of said election.
This chapter may be amended from time to time or repealed by the Town Board of the Town of Aurora, 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 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 ordinance.
[Amended 1-22-1990 by L.L. No. 1-1990]
The Town Board of the Town of Aurora may delegate, by resolution, to an officer or officers of said Town designated by said Town Board for that purpose, any of the authority granted to the Town Board hereby or by said 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.