[HISTORY: Adopted by the Board of Trustees of the Village of Canton 11-10-1975
by L.L. No. 5-1975 as Ch. 57 of the 1975 Code. Amendments
noted where applicable.]
It shall be lawful for any authorized organization, upon obtaining a
license therefor, as provided in this chapter of the Code of the Village of
Canton, and in the provisions of the State Bingo Control Law as contained
in Article 19-B of the Executive Law and the provisions of Article 14-H of
the General Municipal Law, to conduct the game of bingo within the territorial
limits of the Village of Canton subject to the provisions of this bingo licensing
law; the provisions of the Bingo Licensing Law, Article 19-B of the Executive
Law; and Article 14-H of the General Municipal Law of the State of New York.
As used in this chapter, unless the context requires otherwise, the
following terms shall have the meanings indicated:
Only bona fide religious, charitable or nonprofit organizations of
veterans, volunteer firemen and similar nonprofit organizations.
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 Lottery Control Commission.
A license issued pursuant to the provisions of this chapter and to
the provisions of Article 14-H of the General Municipal Law of the State of
New York.
The Village of Canton.
A.
No person, firm, association, corporation or organization
other than a licensee under the provisions of this chapter shall conduct such
game nor license 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
designated 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.
The entire net proceeds of any game of bingo and of any
rental shall be exclusively devoted to the lawful purpose 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 provisions of this chapter or of the Bingo Licensing Law
of Article 14-H of the General Municipal Law shall constitute and be punishable
as a misdemeanor.
A.
Each applicant for a license shall file with the Clerk
of the municipality 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 the following:
(1)
The name and address of the applicant organization, together
with sufficient facts relating to its incorporation and organization to enable
the governing body of the municipality to determine whether or not it is a
bona fide authorized organization.
(2)
The names and addresses of the officers of the organization.
(3)
The specific kinds of games of chance intended to be
held, operated and conducted by the applicant.
(4)
The place or places where and 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.
(5)
The items of expense intended to be incurred or paid
in connection with the holding, operating and conducting such games of chance
and the names and addresses of the persons to whom, and the purposes for which,
they are to be paid.
(6)
The specific purposes to which the entire net proceeds
of such games of chance are to be devoted and in what manner.
(7)
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 otherwise provided
in this chapter.
(8)
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.
(9)
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.
(10)
Such other information as shall be prescribed by such
rules and regulations.
B.
In 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 he 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.
In the event that any premises upon which any such game
of chance is to be held, operated or conducted, or which is to be used for
any other purpose in connection with the holding, operating or conducting
thereof, is to be released 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.
A.
The governing body of the municipality 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 be determined 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 chapter and the rules and regulations governing the holding,
operation and conduct thereof in the municipality; that the member or members
of the applicant organization designated in the application to hold, operate
or conduct the games of chance which the license was applied for are bona
fide active members of the applicant organization 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 governing body 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 otherwise provided in this chapter; 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 value or sum 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 the 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.
On or before the 13th day of each month, the Treasurer
of the municipality shall transmit to the State Comptroller a sum equal to
50% of all license fees collected by such municipality pursuant to this section
during the preceding calendar month.
C.
No license for the holding, operation and conduct of
any game or games of chance shall be issued under this chapter which shall
be effective for a period of more than one year.
A.
No application for the issuance of a license shall be
denied by the Board of Trustees of the Village of Canton until after a hearing
held upon 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.
Any license issued under this chapter may be amended,
upon application made to the Board of Trustees of the Village of Canton which
issued it, 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.
A.
Each license shall be in such form as shall be prescribed
in the rules and regulations promulgated by the Control Commission and it
shall contain the following information:
(1)
A description of the kind of games of chance authorized
to be held, operated and conducted thereunder.
(2)
A statement of the name and address of the licensee and
the names and addresses of the member or members of the licensee under whom
such games of chance will be held, operated and conducted.
(3)
The number of times or the hours during which such games
of chance are authorized to be conducted.
(4)
The place or places where and the date or dates and time
or times when such games of chance are to be conducted.
(5)
The specific purposes to which the entire net proceeds
of such games of chance are to be devoted.
(6)
If any prize or prizes are to be offered and given in
cash, a statement of the amounts of the prizes so authorized to be offered
and given.
(7)
Any other information which may be required by said rules
and regulations to be contained therein.
B.
Each license issued for the conduct of any game or games
of chance shall be conspicuously displayed at the place where the same is
to be conducted at all times during the conduct thereof.
The Board of Trustees of the Village of Canton 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 this
chapter governing the holding, operation and conduct of the same. The said
Board of Trustees of the Village of Canton and the Control Commission shall
have the power and the authority to suspend any license issued by the Board
of Trustees of the Village of Canton and to revoke the same, after notice
and hearing, for violation of any such provision; and they shall have the
right of entry, by their respective officers and agents, at all times and
to all 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.
No games of chance 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, pursuant to the provisions
of a local law or an ordinance duly adopted by the governing body of the Village
of Canton issuing the license, authorizing the conduct of such games of chance
under this chapter on that day.
No person under the age of 18 years shall be permitted to participate
in any game or games held, operated or conducted pursuant to the 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 more often than 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.
A.
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 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.
B.
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.
C.
No item of expense under any circumstances whatever,
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, of goods, wares and merchandise furnished or services rendered which
are reasonably necessary to be purchased or furnished for the holding, operating
or conducting thereof.
D.
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 § 112-4C and in § 480 of Article 14-H of the General Municipal Law, or the amount of such rental is in excess of the sum stated as the rental to be charged therefor in such statement.
E.
No commission, salary, compensation, reward or recompense
whatever shall be paid or given, directly or indirectly, to any persons 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.
A.
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 to be played under such license on such occasion. 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.
B.
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 of value of all prizes offered or given in all games
played on a single occasion shall not exceed $1,000.
C.
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 is played.
D.
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 newspaper,
radio, television or sound truck, 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. 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, 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 Clerk of the Village of Canton a duly verified statement showing the
amount of gross receipts derived from each game of chance. Said statement
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; 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 value thereof.
It shall be the duty of such licensee to maintain and keep such books as may
be necessary to substantiate the particulars of each such report.
The Board of Trustees of the Village of Canton and the Control Commission
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 transaction 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.
The applicant for or holder of any license issued or to be issued under
this chapter, aggrieved by any action of the Board of Trustees of the Village
of Canton to which such application has been made or by which such license
has been issued, may appeal to the Control Commission from the determination
of said Board of Trustees by filing with the governing body a written notice
of appeal within 30 days after the determination or action appealed from,
and upon the hearing of such appeal, the evidence, if any, taken before the
governing body of any additional evidence may be produced and may 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 on the governing
body, the Board of Trustees and all parties to said appeal.
No person or corporation lawfully conducting or participating in the
conduct of, or possessing, selling or in any manner disposing of any shares,
tickets or rights to participating in, or permitting the conduct on any premises
known 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 provisions of Article 225 of the Penal
Law of the State of New York 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 or 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 chance conducted under any license known to him or it to have been
obtained under any 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 who shall pay any rental for the use of any premises for holding,
operating or conducting any game of chance under this chapter, or to any other
person 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 a license as provided herein, or who shall pay or receive any sum for
such rental in excess of the sum stated in such statement executed by him
or on its behalf as the rental to be charged therefor, or who 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 who shall falsify or make any such 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 chance under any such license, or who
shall violate any of the provisions of this chapter or any term of such license,
shall be guilty of a misdemeanor, shall forfeit any license issued to him
or it under this chapter and shall be ineligible to apply for a license under
this chapter for one year thereafter.
The provisions of this chapter shall remain inoperative in the Village
of Canton unless and until a proposition therefor, submitted at general or
a special election in the Village of Canton, shall be approved by a vote of
the majority of the qualified electors in such Village of Canton voting thereon.[1]
[1]
Editor's Note: This chapter was originally adopted 5-12-1958
and approved at an election held 6-10-1958.
The Board of Trustees of the Village of Canton 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 the collection and transmission of fees.
