[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 48.
[Adopted 4-24-1972 as Art.
III of Ch. 4 of the Code of Ordinances (1972)]
As used in this article, unless the context requires otherwise, the
following terms shall have the meanings indicated:
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 Lottery Control Commission.
A license issued pursuant to the provisions of this article.
It shall be lawful for any organization, upon obtaining a license therefor
as hereinafter provided, to conduct the game of bingo within the territorial
limits of the Village subject to the provisions of this article, the provisions
of Article 14-H (§ 475 et seq.) of the General Municipal Law of
the state and the provisions of the State Lottery Control Law.
Each applicant for a license under the provisions of this article shall
file with the Village Clerk a written application, in the form prescribed
in the rules and regulations of the Control Commission, duly executed and
verified.
In each application for a license hereunder, 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 there shall be appended to the application a statement executed
and verified by the applicant and by the member or members so designated that
he, she 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 this article, Chapter 854 of the Laws of 1957, as amended,[1] and the rules and regulations of the Control Commission, if such
license is granted.
[1]
Editor's Note: See § 475 et seq. of the General Municipal
Law.
In the event that any premises upon which any 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, operation or conduct thereof, is to be leased
or rented from any person, the application for a license hereunder shall be
accompanied by a written statement signed and verified under oath by such
person stating his or its address, the amount of rent to be paid for such
premises and stating that such lessor, lessors or if a corporation all of
its officers and each of its stockholders who hold more than 10% or more of
its stock issued and outstanding, are of good moral character and have not
been convicted of a crime.
The Board of Trustees of the Village shall cause to be investigated
the qualifications of each applicant for a license hereunder and the merits
of each application with due expedition after the filing of the application.
The Board shall determine, among other things, the due qualifications of the
applicant to be licensed, the relationship to the applicant of the members
under whom such games are to be conducted, whether such persons are of good
moral character or have ever been convicted of a crime, whether the conduct
of such games will comply with all the provisions of law and rules and regulations
applicable thereto, whether the proceeds thereof will be properly disposed
of, whether a commission, salary, compensation, reward or recompense of any
nature will be paid to any person conducting or assisting in conducting such
games of chance, whether a prize will be offered or given in excess of the
sum or value of $250 in any single game or an aggregate of all prizes given
in a series of games on a given occasion will exceed the sum or value of $1,000,
and such other questions or inquiries as the Board may direct.
If the Village Board of Trustees shall determine that the requisite
conditions have been met by the applicant for a license hereunder, it shall
issue a license to the applicant for the holding, operation and conduct of
the specific kinds of games of chance applied for upon 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, which fees are to be paid to the Village
Clerk. The fee shall be paid monthly, in advance, for those games to be held
during that calendar month.
On or before the 30th day of each month, the treasurer of the Village
shall transmit to the State Comptroller a sum equal to 50% of all license
fees collected by the Village pursuant to this article during the preceding
calendar month.
No license shall be issued under the provisions of this article which
shall be effective for a period of more than one year.
No application for a license hereunder shall be denied by the Village
Board of Trustees 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.
Each license hereunder shall be in such form as shall be prescribed
in the rules and regulations promulgated by the Control Commission.
Any license issued under this article may be amended upon application
to the Village Board of Trustees, if the subject matter of the proposed amendment
could lawfully and properly have been included in the original license and
upon the payment of such additional license fee, if any, as would have been
payable if it had been so included.
The Village Board of Trustees shall have and exercise control and supervision
over all games of chance held, operated or conducted under a license issued
as provided in this article and shall have the power and authority to suspend
any such license and, after notice and hearing, to revoke the same for violation
of any provision of such license, this article, §§ 475 to 499
of the General Municipal Law of the state or the rules and regulations of
the Control Commission.
The Village Board of Trustees or any officer designated by it shall
have the right of entry at all times into any premises where any game of chance
is being held, operated or conducted pursuant to the provisions of this article,
or where it is intended that any such game of chance shall be held, operated
or 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.
The Village Board of Trustees may delegate, to an officer, officers,
agent or agents thereof designated by it for that purpose, any of the authority
granted to it by this article 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.
No person or organization, other than a licensee under the provisions
of Article 14-H of the General Municipal Law of the state, shall conduct a
bingo game or shall lease or otherwise make available for conducting bingo
a hall or other premises for any consideration whatsoever, direct or indirect.
A.
No rental shall be paid for the use of any premises for holding, operating or conducting any game of chance for which a license hereunder is required, 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 § 52-3 or which is in excess of the sum stated as the rental to be charged therefor in such statement.
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.
No authorized organization licensed under the provisions of Article
14-H of the General Municipal Law of the state 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 Art. 19-B of the Executive Law.
The entire net proceeds of any game of bingo and of any rental connected
therewith shall be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
A.
No prize greater in amount or value than $250 shall be
offered or given in any single game conducted under any license issued pursuant
to this article, 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. 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 beverages shall be offered or given as a prize in any
such game.
B.
Value of prize in single game. No prize shall exceed
the sum or value of $250 in any single game of bingo.
C.
Aggregate value of prizes. No series of prizes on any
one bingo occasion shall aggregate more than $1,000.
No game of chance to be conducted under any license issued pursuant
to this article 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 newspapers, radio, television or sound trucks 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, and 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.
No game of chance shall be conducted under any license issued pursuant
to this article on the first day of the week, commonly known as "Sunday."
No game or games of chance shall be held, operated or conducted under
any license issued pursuant to this article more often than on six days in
any one calendar month.
No game or games of chance shall be held, operated or conducted under
any license issued pursuant to this article in any room or outdoor area where
alcoholic beverages are sold or served during the progress of the game or
games.
No person under the age of 18 years shall be admitted to a place where
any game or games of chance is being held, operated or conducted under any
license issued pursuant to this article.
A.
No person except a bona fide member of an organization
licensed hereunder shall participate in the management or operation of such
game.
B.
No person shall hold, operate or conduct any game or
games of chance under any license issued pursuant to this article 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 an 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.
C.
No person shall receive any remuneration for participating
in the management or operation of any game of bingo.
D.
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, operating or conducting
of any game of chance held, operated or conducted under the provisions of
this article, 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.
No game of chance for which a license is required as provided in this
article shall be conducted with any equipment except such as shall be owned
absolutely or used without payment of any compensation therefor by the licensee.
No item of expense shall be incurred or paid in connection with the
holding, operating or conducting of any game of chance held, operated or conducted
under any license issued pursuant to this article, 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.
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 pursuant to this article, 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
of chance to be played under such license on such occasion, and 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.
Within 15 days after the conclusion of the holding, operating and conducting
of any game of chance licensed pursuant to this article, the authorized organization
which held, operated or conducted the same, and its members who were in charge
thereof, shall furnish to the Village Clerk a duly verified statement showing
the amount of the gross receipts derived from each game of chance, which shall
include receipts from the sale of shares, tickets or rights in any manner
connected with participation in such game or the right to participate therein,
each item of expense incurred or paid, and each item or 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 the prizes offered and given with the respective
values thereof ; and it shall be the duty of the licensee to maintain and
keep such books and records as may be necessary to substantiate the particulars
of each such report.
The Village Board of Trustees 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 license pursuant to this article is issued so far
as they may relate to any transactions 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 article.
A.
Any applicant for, or holder of, any license issued or
to be issued pursuant to this article, aggrieved by any action of the Village,
its officers or agents concerning an application which has been made or a
license which has been issued, may appeal to the Control Commission from the
determination of the Village, its officers or agents, by filing with the Village
Board of Trustees a written notice of appeal within 30 days after the determination
or action appealed from.
B.
Upon the hearing of such appeal, the evidence, if any,
taken before such Board and any additional evidence may be produced and shall
be considered in arriving at a determination of the matters in issue.
C.
The action of the Control Commission upon such appeal
shall be binding upon the Village and all parties to such 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 participate in or permitting the conduct upon any premises
owned by him of any game of chance conducted or to be conducted under any
license lawfully issued pursuant to this article shall be liable to prosecution
or conviction for violation of any provision of Article 130 of the Penal Law[1] of the state or any other law or ordinance to the extent that
such conduct is specifically authorized by this article, 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
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 chance conducted under any license known to him or it to have been obtained
by any such false pretense or statement.
[1]
Editor's Note: For provisions on gambling, see Article 225 of the
Penal Law.
The unauthorized conduct of a bingo game and any willful violation of
any provision of this article shall constitute and be punishable as a misdemeanor.
Any person who shall make any false statement in any application for any license under this article, 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 article 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 § 52-3, or who 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 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 false entry in any book or record so far as they relate 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 article or of any term of such license shall be guilty of a violation of this Code, punishable as provided in § 1-13, and in addition shall forfeit any license issued under this article and shall be ineligible to apply for a license under this article for one year thereafter.
[Adopted 1-9-1978 by L.L.
No. 2-1978]
This article shall be known as the "Local Law Licensing Games of Chance."
As used in this article, the following terms shall have the meanings
indicated:
An authorized organization which has been granted a lessor's license
pursuant to the provisions of this article.
Includes any bona fide religious or charitable organization or bona
fide educational or service organization or bona fide organization of veterans
or volunteer firemen, which, by its charter, certificate of incorporation,
constitution or act of the Legislature, shall have among its dominant purposes
one or more of the lawful purposes as defined in this article, provided that
each shall operate without profit to its members and provided that each such
organization has engaged in serving one or more of the lawful purposes as
defined in this article for a period of three years immediately prior to applying
for a license under this article.
No organization shall be deemed an authorized organization which is
formed primarily for the purpose of conducting games of chance and for the
distribution of the proceeds thereof to itself or any other organization and
which does not devote at least 75% of its activities to other purposes set
forth in this definition. No political party shall be deemed an authorized
organization.
Any person, firm, partnership or organization licensed by the Board
to sell or lease games of chance equipment or paraphernalia which meets the
specifications and regulations established by the Board. Nothing herein shall
prevent an authorized organization from purchasing common articles, such as
cards and dice, from normal sources of supply of such articles or from constructing
equipment and paraphernalia for games of chance for its own use. However,
no such equipment or paraphernalia constructed by an authorized organization
shall be sold or leased to any other authorized organization without written
permission from the Board.
The New York State Racing and Wagering Board.
The Clerk of the Village of Fayetteville.
Includes specific games of chance in which prizes are awarded on
the basis of a designated winning number or numbers, color or colors, symbol
or symbols determined by chance, but not including games commonly known as
"bingo" or "lotto" and also not including slot machines, bookmaking and policy
or numbers games as defined in § 225.00 of the Penal Law. No game
of chance shall involve wagering of money by one player against another player.
One or more of the following causes, deeds or activities:
Those which shall benefit needy or deserving persons indefinite in number
by enhancing their opportunity for religious or educational advancement, by
relieving them from disease, suffering or distress, or by contributing to
their physical well-being by assisting them in establishing themselves in
life as worthy and useful citizens or by increasing their comprehension of
and devotion to the principles upon which this nation was founded and enhancing
their loyalty to their governments.
Those which shall initiate, perform or foster worthy public works or
shall enable or further the erection or maintenance of public structures.
Those which shall otherwise lessen the burdens borne by government or
which are voluntarily undertaken by an authorized organization to augment
or supplement services which government would normally render to the people.
A period of time not to exceed 14 consecutive hours.
A written agreement between a lessor and lessee under the terms of
which the lessee is entitled to the possession, use or occupancy of the whole
or part of any premises from any noncommercial or nonprofit organization for
which the lessee pays rent to the lessor and likewise undertakes to pay substantially
all of the regularly recurring expenses incident to the operation and maintenance
of such leased premises.
In relation to the gross receipts from one or more occasions of games
of chance, the amount that shall remain after deducting the reasonable sums
necessarily and actually expended for supplies and equipment, prizes, stated
rental if any, bookkeeping or accounting services according to a schedule
of compensation prescribed by the Board, janitorial services and utility supplies
if any, license fees and the cost of bus transportation, if authorized by
the division.
In relation to the gross rent received by an organization licensed to
conduct such games for the use of its premises by another licensee, the amount
that shall remain after deducting the reasonable sums necessarily and actually
expended for janitorial services and utility supplies directly attributable
thereto, if any.
The Chief of Police of the Village of Fayetteville.
The conducting of any one type of game of chance during any one license
period. No series of prizes on any one occasion shall aggregate more than
the amount allowed under Article 9-A of the General Municipal Law.
[Amended 3-26-2007 by L.L. No. 2-2007]
A sum of money of item or merchandise awarded by the authorized organization
to a participant in any one operation or conducting of a game of chance in
which participants utilize currency for participation and in which those who
are not winners surrender their participating currency at the conclusion of
the single operation of such game of chance. No prize for any one participant
in any one operation or conducting of such single game of chance shall exceed
the sum allowed under Article 9-A of the General Municipal Law. If a prize
is awarded based on odds, only that portion in excess of the winning participant's
bet shall be considered as a prize. For the purposes of this definition, the
value of a prize which consists of merchandise shall be the actual cost of
the item of such merchandise.
[Amended 3-26-2007 by L.L. No. 2-2007]
The Village of Fayetteville.
The conduct of games of chance authorized by this article shall be subject
to the following restrictions:
A.
No person, firm, association, corporation or organization, other than a licensee under the provisions of this article, 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 § 52-38 of this article.
B.
No games 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 such game.
C.
No authorized organization licensed under the provisions
of this article 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 Board or from another authorized organization.
D.
The entire net proceeds 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 allowed in Article
9-A of the General Municipal Law and by the New York State Racing and Wagering
Board.
[Amended 3-26-2007 by L.L. No. 2-2007]
F.
No series of prizes on any one occasion of games of chance
shall aggregate more than the maximum allowed by Article 9-A of the General
Municipal Law and the New York State Racing and Wagering Board.
[Amended 3-26-2007 by L.L. No. 2-2007]
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.
H.
No person shall receive any remuneration for participating
in the management or operation of any such game.
A.
Licenses to conduct games.
(1)
To conduct games of chance, each applicant for a license
shall, after obtaining an identification number from the Board, file with
the Clerk a written application therefor in a form to be prescribed by the
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 incorporation and organization to enable
the Clerk to determine whether or not it is a bona fide authorized organization.
(b)
The names and addresses of its officers; the place or
places where and the date or dates and the time or times when the applicant
intends to conduct games under the license applied for.
(c)
The amount of rent to be paid or other consideration
to be given, directly or indirectly, for each occasion for use of the premises
of another authorized organization licensed under this article to conduct
such games or for the use of the premises of an authorized games of chance
lessor.
(d)
All other items or expense intended to be incurred or
paid in connection with the holding, operating and conducting of such 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 such
games are to be devoted and in what manner; that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such game or
games or for assisting therein, except as in this article otherwise provided;
and such other information as shall be prescribed by such rules and regulations.
(2)
In such application, there shall be designated not less
than four active members of the applicant organization under whom the game
or games of chance will be conducted; and to the application shall be appended
a statement executed by the members so designated, that they will be responsible
for the conduct of such games in accordance with the terms of the license
and the rules and regulations of the Board and this article.
B.
Authorized games of chance lessor. 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 Clerk a written application
therefor in a form to be prescribed by the Board, duly executed and verified,
which shall set forth:
(1)
The name and address of the applicant.
(2)
Designation and address of the premises intended to be
covered by the license sought.
(3)
A statement that the applicant in all respects conforms with the specifications contained in the definition of "authorized organization" set forth in § 52-38 of this article.
(4)
Such other information as shall be prescribed by the
Board.
A.
The 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.
Issuance of licenses to conduct games of chance. If the
Clerk shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this article; that the member or members
of the applicant designated in the application to conduct 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; that such games are to
be conducted in accordance with the provisions of this article and in accordance
with the rules and regulations of the Board; and that the proceeds thereof
are to be disposed of as provided by this article, and if the Clerk 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 except as in this
article otherwise provided; and that no prize will be given in excess of the
sum or value of $100 in any single game and that the aggregate of all prizes
given on one occasion under said license shall not exceed the sum or value
of $1,000 it 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 Clerk shall determine that the applicant seeking to lease a hall or
premises for the conduct of games of chance to an authorized organization
is duly qualified to be licensed under this article; that the applicant satisfies
the requirements for an authorized games of chance lessor; that the Clerk
shall find and determine that there is a public need and that public advantage
will be served by the issuance of such license; that the applicant has filed
its proposed rent for each game of chance occasion; that there is no diversion
of the funds of the proposed lessee from the lawful purposes; and that such
leasing of a hall or premises for the conduct of such games is to be in accordance
with the provisions of this article and in accordance with the rules and regulations
of the Board, it shall issue a license permitting the applicant to lease said
premises for the conduct of such games to the authorized organizations specified
in the application during the period therein specified or such shorter period
as the Clerk or department shall determine, but not to exceed one year, upon
payment of a license fee of $50.
On or before the 30th day of each month, the Treasurer of the Village
in which the licensed property is located shall transmit to the State Comptroller
a sum equal to 50% of all authorized games of chance lessor license fees and
the sum of $15 per license period for the conduct of games of chance collected
by the Clerk pursuant to this section during the preceding calendar month.
No license shall be issued under this article which shall be effective
for a period of more than one year.
A.
No application for the issuance of a license to an authorized
organization shall be denied by the Clerk 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.
B.
Any license issued under this article may be amended,
upon application made to the Clerk who 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.
Licenses to conduct games.
(1)
Each license to conduct games of chance shall be in such
form as shall be prescribed in the rules and regulations promulgated by the
Board and shall contain:
(a)
A statement of the name and address of the licensee,
of the names and addresses of the member or members of the licensee under
whom the games will be conducted, of the place or places where and the date
or dates and time or times when such games are to be conducted and of the
purposes to which the entire net proceeds of such games are to be devoted.
(b)
If any prize or prizes are to be given in cash, a statement
of the amounts of the prizes authorized so to be given.
(c)
Any other information which may be required by said rules
and regulations to be contained therein.
(2)
Each license issued for the conduct of any games shall
be conspicuously displayed at the place where same is to be conducted at all
times during the conduct thereof.
B.
Licenses to lease premises for conduct of games.
The officer shall have and exercise rigid control and close supervision
over all games of chance conducted in accordance with the provisions of such
license, the provisions of the rules and regulations promulgated by the Board
and the provisions of this article; and such officer and the Board shall have
the power and the authority to temporarily suspend any license issued by the
Clerk pending a hearing; and after notice and hearing, the 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 and shall have the right of entry,
by its respective officers and agents, at all times into any premises where
any game of chance is being conducted or where it is intended that any such
game shall 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.
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.
Except as provided in § 52-50, no games of chance shall be conducted under any license issued under this article on the first day of the week, commonly known and designated as "Sunday."
No person under the age of 18 years shall be permitted to play any game
or games of chance conducted pursuant to any license issued under this article.
No person under the age of 18 years shall be permitted to conduct or assist
in the conduct of any game of chance conducted pursuant to any license issued
under this article.
No game or games of chance shall be conducted under any license issued
under this article more often than 12 times in any calendar year. Games shall
be conducted only between the hours of noon and midnight on Monday, Tuesday,
Wednesday and Thursday, and only between the hours of noon on Friday and 2:00
a.m. Saturday, and only between the hours of noon on Saturday and 2:00 a.m.
Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
All games of chance shall be conducted pursuant to and in conformity
with the provisions of Article 9-A of the General Municipal Law of the State
of New York.
No person, association, 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 pursuant to this article 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 article; but 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 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.
