[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:
Includes only bona fide religious, charitable or nonprofit
organizations of veterans, volunteer firemen and similar nonprofit
organizations.
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.
The State Racing and Wagering Board.
[Amended 1-22-1990 by L.L. No. 1-1990]
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]
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.
