[HISTORY: Adopted by the Board of Trustees of the Village of Chester 8-6-1980 by L.L. No. 1-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 35.
The Board of Trustees finds that the raising of funds for the promotion of bona fide charitable, educational, scientific, health, religious and patriotic causes and undertakings, where the beneficiaries are undetermined, is in the public interest and that the mandate of § 9 of Article I of the Constitution of the State of New York, as amended, should be carried out by rigid regulations to prevent commercialized gambling, to prevent participation by criminal and other undesirable elements and to prevent the diversion of funds from the purposes herein authorized.
This chapter is subject and subordinate to all the conditions and provisions contained in Article 9-A of the General Municipal Law and amendments thereto and any and all rules and regulations and opinions adopted or to be adopted by the New York State Racing and Wagering Board.
A. 
As used in this chapter, the terms "authorized games of chance lessor," "authorized organization," "authorized supplier of games of chance equipment," "games of chance," "lawful purposes," "net lease," "net proceeds," "one occasion," "single type of game," "operation," "single prize," "series of prizes," "premises" and "games of chance currency" shall have the meanings designated in the definitions set forth in Article 9-A of the General Municipal Law.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF TRUSTEES
The Board of Trustees of the Village of Chester.
LICENSE PERIOD
A period of time not to exceed 14 consecutive hours.
OFFICER
The Chief of Police of the Village of Chester.
STATE BOARD
The New York State Racing and Wagering Board.
VILLAGE CLERK
The Clerk of the Village of Chester.
C. 
Words singular in form may include the plural; words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter genders.
The Village Clerk is hereby delegated the authority granted to the Board of Trustees by Article 9-A, Local Option for Conduct of Games of Chance by Certain Organizations, of the General Municipal Law in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings and the collection and transmission of fees.
No person, firm, partnership, corporation or organization, other than an authorized organization licensed under the provisions of this chapter, shall be permitted to conduct games of chance within the territorial limits of the Village of Chester.
A. 
License to conduct games of chance.
(1) 
Each applicant for a license, after obtaining an identification number from the State Board, shall file with the Village Clerk a written application therefor in a form to be prescribed by the State Board, duly executed and verified, in which shall be stated:
(a) 
The name and address of the applicant, together with sufficient facts relating to its organization and/or incorporation to enable the Village Clerk to determine whether or not it is a bona fide authorized organization.
(b) 
The names and addresses of its officers and the place or places where, the date or dates and time or times when the applicant intends to conduct games of chance under the license applied for.
(c) 
The amount of rent to be paid or other consideration to be given, directly or indirectly, for each licensed period for use of the premises by an authorized games of chance lessor.
(d) 
All other items of expense intended to be incurred or paid in connection with the holding, operating and conducting of games of chance and the names and addresses of the persons to whom, and the purposes for which, they are to be paid.
(e) 
The purposes to which the entire net proceeds of the games of chance are to be devoted and in what manner; that no commission, salary, compensation, reward or recompense will be paid to any person for conducting games of chance or for assisting therein, except as otherwise provided in Article 9-A of the General Municipal Law.
(f) 
That no member of the applicant designated in the application to conduct games of chance has ever been convicted of a crime, or, if convicted, that he has received a pardon, a certificate of good conduct or a certificate of relief from disabilities.
(g) 
Any other information as shall be prescribed by the rules and regulations promulgated by the State Board.
(2) 
In each application there shall be designated not less than four bona fide members of the applicant organization under whom the games of chance will be managed, and to the application shall be appended a statement executed by the members so designated that they will be responsible for the management of the games of chance in accordance with the terms of the license, Article 9-A of the General Municipal Law, the provisions of this chapter and the rules and regulations of the State Board.
B. 
License to lease premises. Each applicant for a license to lease premises to a licensed organization for the purposes of conducting games of chance therein shall file with the Village Clerk a written application therefor in a form to be prescribed by the State Board, duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; a statement that the applicant in all respects conforms with the specifications contained in the definition of "authorized organization" set forth in Article 9-A of the General Municipal Law; a statement of the lawful purposes to which the net proceeds from any rental are to be devoted by the applicant; and any other information as shall be prescribed by the State Board and the provisions of this chapter.
A. 
No person, firm, partnership, corporation or organization other than a licensee under the provisions of this chapter shall conduct a game of chance or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, direct or indirect.
B. 
No game of chance 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 a game of chance.
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 games of chance from other than a supplier licensed by the State Board or from another authorized organization.
D. 
The entire net proceeds of any game of chance shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same and the net proceeds of any rental derived therefrom shall be exclusively devoted to the lawful purposes of the authorized games of chance lessor.
E. 
No single prize shall exceed the sum or value of $100 except that for merchandise wheels, no single prize shall exceed the sum or value of $250. No single wager shall exceed $2.
F. 
No authorized organization shall award a series of prizes consisting of merchandise with an aggregate value in excess of $1,000 during the successive operations of any one merchandise wheel.
G. 
In addition to merchandise wheels, no more than five other single types of games of chance shall be conducted during any one license period.
H. 
Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $200 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $250 when the licensed authorized organization conducts less than five single types of games of chance, exclusive of merchandise wheels, during any one license period.
I. 
Except for the limitations on the sum or value for single prizes and series of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period.
J. 
No person except a bona fide member of the licensed authorized organization shall participate in the management of such games; no person except a bona fide member of the licensed authorized organization, its auxiliary or affiliated organization, shall participate in the operation of such game, as set forth in § 53-13C of this chapter.
K. 
No person shall receive any remuneration for participating in the management or operation of any such game.
L. 
No authorized organization shall extend credit to a person to participate in playing a game of chance.
M. 
No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor.
A. 
The Village Clerk 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.
B. 
If the Village Clerk shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this chapter; that the members of the applicant designated in the application to manage games of chance are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime or, if convicted, have received a pardon or a certificate of good conduct, or a certificate of relief from disabilities; that such games of chance are to be conducted in accordance with the provisions of this chapter and in accordance with the rules and regulations of the State Board; and that the proceeds thereof are to be disposed of as provided by this chapter, and if the Village Clerk is satisfied that no commission, salary, compensation, reward or recompense whatever shall be paid or given to any person managing, operating or assisting therein, except as otherwise provided in this chapter; the Village Clerk shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee of $25 for each license period.
C. 
Issuance of licenses to authorized games of chance lessors. If the Village Clerk shall determine that the applicant seeking to lease premises for the conduct of games of chance to a games of chance licensee is duly qualified to be licensed under this chapter; that the applicant satisfies the requirements for an authorized organization as defined in § 186 of the General Municipal Law; that the applicant has filed its proposed rent for each license period and that the Village Clerk has approved the proposed rent as fair and reasonable; that the net proceeds from any rental will be devoted to the lawful purposes of the applicant; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in Article 9-A of the General Municipal Law; and that such leasing of premises for the conduct of such games is to be in accordance with the provisions of this chapter; with the rules and regulations of the State Board, the Village Clerk shall issue a license permitting the applicant to lease said premises for the conduct of such games to the games of chance licensee or licensees specified in the application during the period therein specified or such shorter period as the Village Clerk shall determine, but not to exceed 12 license periods during a calendar year, upon payment of a license fee of $50. Nothing herein shall be construed to require the applicant to be licensed under this chapter to conduct games of chance.
D. 
No license shall be issued under this section which shall be effective for a period of more than one year.
A. 
No application for the issuance of a license to conduct games of chance or lease premises to an authorized organization shall be denied by the Village Clerk until after a hearing is held, upon due notice to the applicant, at which time the applicant shall be entitled to be heard on his qualifications and the merits of the application.
B. 
Any applicant for or holder of any license hereunder aggrieved by any action of the officer or of the Village Clerk to whom an application has been made or by whom a license has been issued may appeal to the State Board from the determination of the officer or Village Clerk by filing with such officer or Village Clerk 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 such officer or Village Clerk and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue. The action of the State Board on said appeal shall be binding upon such officer or Clerk and all parties to said appeal.
C. 
Any license issued hereunder may be amended upon application to the Village Clerk, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of any additional license fee as would have been payable if it had been so included.
A. 
Each license to conduct games of chance shall be in a form as shall be prescribed in the rules and regulations promulgated by the State Board and shall contain a statement of the name and address of the licensee, the name and address of each member of the licensee under whom the games of chance shall be managed, of the place or places where, and the date or dates and time or times when the games of chance are to be conducted and of the purposes to which the entire net proceeds of the games of chance are to be devoted; the name of each single type of game to be conducted under the license and the number of merchandise wheels, if any, to be operated; and any other information which may be required by said rules and regulations shall be contained therein. Each license issued for the conduct of any games of chance shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof.
B. 
Each license to lease premises for conducting games of chance will be in a form as shall be prescribed in the rules and regulations of the State Board and shall contain a statement of the name and address of the licensee and the address of the leased premises, the amount of permissible rent and any other information which may be required by said rules and regulations. Each license shall be conspicuously displayed upon the premises at all times during the conduct of the games of chance.
A. 
The officer shall have and exercise rigid control and close supervision over all games of chance conducted under each license, to the end that the same are fairly conducted in accordance with the provisions of said license, the provisions of this chapter and the provisions of the rules and regulations promulgated by the State Board. The officer and the State Board shall have the power and authority to temporarily suspend any license issued by the Village Clerk pending a hearing and after notice and hearing, the Village Clerk or State Board may suspend or revoke the same, and additionally, impose a fine in an amount not exceeding $1,000 for violation of any such provisions. The officer and State Board shall have the right of entry, by their respective officers and agents, at all times, into any premises where any game of chance is being conducted or is intended to be 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. An agent of the appropriate officer shall make an on-site inspection during the conduct of all games of chance licensed pursuant to this chapter.
B. 
Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance, but the offering of all other alcoholic beverage is prohibited.
A. 
Within seven days after the conclusion of any license period, the authorized organization which conducted the games of chance and its members who were in charge thereof and, when applicable, the authorized games of chance lessor which rented its premises therefor shall each furnish to the Village Clerk a statement subscribed by the member in charge and affirmed by him as true, under the penalties of perjury, showing the amount of the gross receipts derived therefrom, each item of expense incurred or paid, each item of expenditure made or to be made other than prizes, the name and address of each person to whom each item of expense has been paid or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from the conduct of the games of chance during the license period and the use to which such proceeds have been or are to be applied. It shall be the duty of each licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each statement of receipts.
B. 
Upon filing the statement of receipts, the authorized organization furnishing same shall pay to the Village Clerk as and for an additional fee a sum of 5% of the net proceeds, if any, for the licensed period covered by the statement and determined in accordance with the schedule, as shall be established from time to time by the State Board or the Village Clerk to defray the cost to the Village of Chester of administering the provisions of this chapter.
C. 
Examination of records.
(1) 
The Village Clerk and the State Board shall have the power to examine or cause to be examined the books and records of:
(a) 
Any authorized organization which is or has been licensed to conduct games of chance, so far as they may relate to games of chance, including the maintenance, control and disposition of the net proceeds derived from games of chance or from the use of its premises for games of chance, and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any games of chance under any license, the use of its premises for games of chance or the disposition of the net proceeds derived from games of chance, as the case may be.
(b) 
Any authorized games of chance lessor, so far as the same may relate to leasing premises for games of chance, and to examine said lessor or any manager, officer, director, agent or employee thereof under oath in relation to said leasing.
(2) 
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.
A. 
No person under the age of 18 years shall be permitted to play any game of chance conducted pursuant to any license issued under this chapter. No person under the age of 18 years shall be permitted to operate or assist in the operation of any game of chance conducted pursuant to any license issued under this chapter.
B. 
No games of chance shall be conducted under any license issued under this chapter more often than 12 times in any calendar year. No particular premises shall be used for the conduct of games of chance on more than 24 license periods during any one calendar year. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Sunday, Monday, Tuesday, Wednesday and Thursday; only between the hours of 12:00 noon Friday and 2:00 a.m. Saturday; and only between the hours of 12:00 noon Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
C. 
No person shall operate any game of chance under any license issued under this chapter except a bona fide member of the authorized organization to which the license is issued, or a bona fide member of an organization or association which is an auxiliary to the licensee or a bona fide member of an organization or association of which such licensee is an auxiliary or a bona fide member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association. Nothing herein shall be construed to limit the number of games of chance licensees for whom such persons may operate games of chance nor to prevent nonmembers from assisting the licensee in any activity other than managing or operating games. The head or heads of the authorized organization shall, upon request, certify, under oath, that the persons operating any game of chance are bona fide members of such authorized organization, auxiliary or affiliated organization. Upon request by the officer, any such person involved in such games of chance shall certify that he or she has no criminal record.
D. 
No games of chance shall be conducted with any equipment except that owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee.
E. 
No items of expense shall be incurred or paid in connection with the conducting of any game of chance pursuant to any license issued under this chapter, except those that are reasonable and are necessarily expended for games of chance supplies and equipment; security personnel; prizes; stated rental, if any; bookkeeping or accounting services according to a schedule of compensation prescribed by the State Board; janitorial services and utility supplies, if any; license fees; and the cost of bus transportation, if authorized by the Village Clerk.
F. 
Not more than $2 shall be charged by any licensee for admission to any games of chance conducted under any license issued under this chapter. Every winner shall be determined and every prize shall be awarded and delivered on the same calendar day as the game was played. No alcoholic beverage shall be offered or given as a prize in any game of chance.
G. 
A licensee may advertise the conduct of games of chance to the general public by means of handbill and poster, and by one sign not exceeding 60 square feet in area, which may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization, and when an organization is licensed to conduct games of chance on premises of an authorized games of chance lessor, one additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted. Additional signs may be displayed upon any fire-fighting equipment belonging to any licensed authorized organization which is a volunteer fire company, or upon any equipment of a first aid or rescue squad in and throughout the community served by such volunteer fire company or such first aid or rescue squad, as the case may be. All advertisements shall be limited to the description of such event as "Games of chance" or "Las Vegas Night," the name of the authorized organization conducting such games, the license number of the authorized organization as assigned by the Village Clerk and the date, location and time of the event.
H. 
No person, firm, partnership, corporation or organization lawfully conducting or participating in the conduct of games of chance or permitting the conduct upon any premises owned or leased by him or it under any license lawfully issued hereunder shall be liable to prosecution or conviction for violation of any provision of Article 225 of the Penal Law or any other law or ordinance to the extent that such conduct is specifically authorized by this chapter. However, this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of games of chance under any license obtained by any false pretense or by any false statement made in any application for a license or otherwise, or permitting the conduct upon any premises owned or leased by him or it of any game of chance conducted under any license known to him or it to have been obtained by any such false pretense or statement.
I. 
Any person, firm, partnership, corporation or organization who or which shall make any material false statement in any application for any license issued pursuant to this chapter; shall pay or receive a rental in excess of the amount specified as the permissible rent in the license provided for in § 53-6 for the use of any premises for conducting games of chance; shall fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; shall falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or shall divert or pay any portion of the net proceeds of any game of chance to any person, firm, partnership, corporation or organization, except in furtherance of one or more of the lawful purposes defined in this chapter, shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for at least one year thereafter.
J. 
Any person, firm, partnership, corporation or organization holding, operating or conducting games of chance shall be guilty of a misdemeanor, except when operating, holding or conducting:
(1) 
In accordance with a valid license issued pursuant to this chapter; or
(2) 
On behalf of a bona fide organization of persons 60 years of age or over, commonly referred to as "senior citizens," solely for the purpose of amusement and recreation of its members, where:
(a) 
The organization has applied for and received an identification number from the State Board.
(b) 
No player or other person furnishes anything of value for the opportunity to participate.
(c) 
The prizes awarded or to be awarded are nominal.
(d) 
No person other than a bona fide active member of the organization participates in the conduct of the games of chance.
(e) 
No person is paid for conducting or assisting in the conduct of the games of chance.
K. 
No alcoholic beverage, with the exception of beer, shall be sold at any games of chance.
L. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
This chapter shall not become operative or effective unless it shall have been approved by a vote of the majority of the qualified electors of the Village of Chester voting at a special election to be held on October 6, 1980 on a proposition which shall state:
PROPOSITION
Shall Local Law No. 1 of 1980, adopted by the Board of Trustees of the Village of Chester on August 6, 1980, entitled "ALL LOCAL LAW IN RELATION TO THE CONDUCT OF GAMES OF CHANCE WITHIN THE VILLAGE OF CHESTER, ORANGE COUNTY, NEW YORK," be approved?[1]
[1]
Editor's Note: Local Law No. 1-1980 was approved by a majority of the electors of the Village of Chester at a referendum held 10-6-1980.