Pursuant to Article 9-A of the General Municipal Law, the Village of
Fair Haven, New York, hereby authorizes the conduct of games of chance by
authorized organizations as described in § 186, Subdivision 4, of
the General Municipal Law, upon any such organization obtaining a license
therefor, as provided in Article 9-A of the General Municipal Law.
The conduct of such games of chance, in addition to the provisions or
restrictions contained in Article 9-A of the General Municipal Law, shall
be subject to the following restrictions:
A. No person, firm, association, corporation or organization,
other than a licensee under the provisions of Article 9-A of the General Municipal
Law, shall conduct such game or shall lease or otherwise make available for
conducting games of chance a hall or other premises for any consideration
whatsoever, direct or indirect, except as provided in § 190 of said
Article.
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 profit
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 games of chance from other than
a supplier licensed by the New York State Racing and Wagering Board or other
authorized organizations.
D. The entire net profits of any game of chance 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 $100 in any
operation or conducting of a single game of chance as provided in § 186
of said Article 9-A. No single wager shall exceed $10.
F. No series of prizes on any one occasion of a game of
chance shall aggregate more than $1,000 as provided in § 186 of
said Article.
G. No person except a bona fide member of any such organization,
its auxiliary or affiliated organization shall participate in the management
or operation of such game, as set forth in § 195-c of said Article.
H. No person shall receive any remuneration for participating
in the management or operation of any such game.
I. The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
The powers and duties as provided in Subdivision 1 of § 194
of the General Municipal Law shall be exercised by the chief enforcement officer
of the Village of Fair Haven.
This chapter is subject to a mandatory referendum.
If any provision of this chapter shall be adjudged unconstitutional
by any court of competent jurisdiction, the remainder of said chapter shall
not be affected thereby.
The Village Board may from time to time adopt rules and regulations
to administer this chapter, including but not limited to the imposition of
fees as provided in said Article 9-A.
This chapter shall be effective five days after a successful mandatory
referendum and its enactment by the Village Board of Trustees, its publication
within 10 days in the official newspaper, and its filing with the Secretary
of State within five days after official Board action, according to § 27
of the Municipal Home Rule Law.