Town of Deerpark, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Deerpark 5-3-1993 by L.L. No. 3-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 106.
As used in this chapter, the following terms shall have the following meanings:
AUTHORIZED GAMES OF CHANCE LESSOR
An authorized organization which has been granted a lessor's license pursuant to the provisions of this chapter or the Town of Deerpark.
AUTHORIZED ORGANIZATION
Includes any bona fide religious or charitable organization or bona fide educational, fraternal 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 chapter, 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 chapter for a period of three years immediately prior to applying for a license under this chapter. No organization shall be deemed an authorized organization which is formed primarily for the purpose of conducting games of chance and which does not devote at least 75% of its activities to other than conducting games of chance. No political party shall be deemed an authorized organization.
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
Any person, firm, partnership, corporation 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 or owned by an authorized organization shall be sold or leased to any other authorized organization, without written permission from the Board.
BELL JARS
Includes those games in which a participant shall draw a card from a jar or other suitable container which contains numbers, colors or symbols that are covered and which, when uncovered, may reveal that a prize shall be awarded on the basis of a designated winning number, color or symbol or combination of numbers, colors or symbols.
BOARD
New York State Racing and Wagering Board.
CLERK
The Clerk of the Town of Deerpark, Orange County, New York.
DEPARTMENT
The New York City Department of Consumer Affairs.
GAMES OF CHANCE
Includes only the games known as "merchandise wheels" and "bell jars" and such other specific games as may be authorized by the Board, 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" which are controlled under Article 14-H of the General Municipal Law and also not including "slot machines," "bookmaking," "policy or numbers games" and "lottery" as defined in § 225.00 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.
GAMES OF CHANCE CURRENCY
Legal tender or a form of scrip or chip authorized by the Board, any of which may be used at the discretion of the games of chance licensee.
LAWFUL PURPOSES
One or more of the following causes, deeds or activities:
A. 
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.
B. 
Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.
C. 
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, including, in the case of volunteer firemen's activities, the purchase, erection or maintenance of a building for a firehouse, activities open to the public for the enhancement of membership, and the purchase of equipment which can reasonably be expected to increase the efficiency of response to fires, accidents, public calamities and other emergencies.
D. 
Those which shall initiate, perform or foster the provisions of services to veterans by encouraging the gathering of such veterans and shall enable or further the erection or maintenance of facilities for use by such veterans which shall be used primarily for charitable or patriotic purposes, provided however that such proceeds are disbursed pursuant to § 151-3 of this chapter.
LICENSE PERIOD
A period of time not to exceed 14 consecutive hours and, for the purposes of the game of chance known as a bell jar, "license period" shall mean a period of time running from January 1 to December 31 of each year.
NET LEASE
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 authorized games of chance lessor 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.
A. 
In relation to the gross receipts from one or more license periods of games of chance, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for supplies and equipment, prizes, security personnel, 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 Clerk or department; and
B. 
In relation to the gross rent received by an authorized games of chance lessor for the use of its premises by a game of chance 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.
OFFICER
The chief law enforcement officer of the Town of Deerpark, Orange County, New York, or if the Town of Deerpark exercises the option set forth in § 151-12B of this chapter, the chief law enforcement officer of Orange County.
ONE OCCASION
The successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to $500 or $400 during any one license period, in accordance with the provisions of § 151-4H of this chapter, as the case may be. For purposes of the game of chance known as a merchandise wheel, "one occasion" shall mean the successive operations of any one such merchandise wheel for which the limit on a series of prizes provided by § 151-4F of this chapter shall apply. For purposes of the game of chance known as a bell jar, "one occasion" shall mean the successive operation of any one such bell jar which results in the awarding of a series of prizes amounting to $1,000.
OPERATION
The play of a single type of game of chance necessary to determine the outcome or winners each time wagers are made.
PREMISES
A designated area within a building, hall, tent, or grounds reasonably identified for the conduct of games of chance. Nothing herein shall require such area to be enclosed.
SERIES OF PRIZES
The total amount of single prizes minus the total amount of wagers lost during the successive operations of a single type of game of chance, except that for merchandise wheels, "series of prizes" shall mean the sum of the actual value of merchandise awarded as single prizes during the successive operations of any single merchandise wheel.
SINGLE PRIZE
The sum of money or actual value of merchandise awarded to a participant by a games of chance licensee in any one operation of a single type of game of chance in excess of his wager.
SINGLE TYPE OF GAME
The games of chance known as “merchandise wheels” and “bell jars” and each other specific game of chance authorized by the Board.
A. 
The Town Board may, either by local law or ordinance, provide that it shall be lawful for any authorized organization, upon obtaining a license therefor as hereinafter provided, to conduct games of chance within the territorial limits of such Town of Deerpark, subject to the provisions of such local law or ordinance, the provisions of this chapter, and the provisions set forth by the Board.
B. 
No such local law or ordinance shall become operative or effective unless and until it shall have been approved by a majority of the electors voting on a proposition submitted at a general or special election held within such Town of Deerpark who are qualified to vote for officers of the Town of Deerpark.
C. 
The time, method and manner of submission, preparation and provision of ballots and ballot labels, balloting by voting machine and conducting the election, canvassing the result and making and filing the returns and all other procedure with reference to the submission of and action upon any proposition for the approval of any such local law or ordinance shall be the same as in the case of any other proposition to be submitted to the electors of the Town of Deerpark at a general or special election in the Town of Deerpark, as provided by law.
The Board shall have the power and it shall be its duty to:
A. 
Supervise the administration of games of chance licensing law and to adopt, amend and repeal rules and regulations governing the issuance and amendment of licenses thereunder and the conducting of games under such licenses, which rules and regulations shall have the force and effect of law and shall be binding upon all municipalities issuing licenses, and upon licensees of the Board, to the end that such licenses shall be issued to qualified licensees only, and that said games shall be fairly and properly conducted for the purposes and in the manner of the said games of chance licensing law prescribed and to prevent the games of chance thereby authorized to be conducted from being conducted for commercial purposes or purposes other than those therein authorized, participated in by criminal or other undesirable elements and the funds derived from the games being diverted from the purposes authorized, and to provide uniformity in the administration of said law throughout the state, the Board shall prescribe forms of application for licenses, licensees, amendment of licenses, reports of the conduct of games and other matters incident to the administration of such law.
B. 
Conduct, anywhere in the state, investigations of the administration, enforcement and potential or actual violations of the games of chance licensing law and of the rules and regulations of the Board.
C. 
Review all determinations and actions of the Clerk or department in issuing an initial license and it may review the issuance of subsequent licenses and, after hearing, revoke those licenses which do not in all respects meet the requirements of this chapter and the rules and regulations of the Board.
D. 
Suspend or revoke a license, after hearing, for any violation of the provisions of this chapter or the rules and regulations of the Board.
E. 
Hear appeals from the determinations and action of the Clerk, department or officer in connection with the refusing to issue licenses, the suspension and revocation of licenses and the imposition of fines in the manner prescribed by law and the action and determination of the Board upon any such appeal shall be binding upon the Clerk, department or officer and all parties thereto.
F. 
Carry on continuous study of the operation of the games of chance licensing law to ascertain from time to time defects therein jeopardizing or threatening to jeopardize the purposes of this chapter, and to formulate and recommend changes in such law and in other laws of the state which the Board may determine to be necessary for the realization of such purposes, and to the same end to make a continuous study of the operation and administration of similar laws which may be in effect in other states of the United States.
G. 
Supervise the disposition of all funds derived from the conduct of games of chance by authorized organizations not currently licensed to conduct such games.
H. 
Issue an identification number to an applicant authorized organization if it shall determine that the applicant satisfies the requirements of the games of chance licensing law and the rules and regulations of the Board.
I. 
The Board shall have the power to approve and establish a standard set of games of chance equipment and shall by its rules and regulations prescribe the manner in which such equipment is to be reproduced and distributed to licensed authorized organizations. The sale or distribution to a licensed authorized organization of any equipment other than that contained in the standard set of games of chance equipment shall constitute a violation of this section.
The conduct of games of chance authorized by local law or ordinance shall be subject to the following restrictions irrespective of whether the restrictions are contained in such local law or ordinance, but nothing herein shall be construed to prevent the inclusion within such local law or ordinance of other provisions imposing additional restrictions upon the conduct of such games:
A. 
No person, firm, partnership, corporation or organization, other than a licensee under the provisions of § 151-9 of this chapter, shall conduct such game 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 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 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 $300, except that for merchandise wheels and bell jars, no single prize shall exceed the sum or value of $250. No single wager shall exceed $6.
F. 
No authorized organization shall award a series of prizes consisting of cash or of merchandise with an aggregate value in excess of $1,000 during the successive operations of any one merchandise wheel or bell jar.
G. 
In addition to merchandise wheels and bell jars, 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 $400 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels and bell jars, no series of prizes on any one occasion shall aggregate more than $500 when the licensed authorized organization conducts less than five single types of games of chance, exclusive of merchandise wheels and bell jars, 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 § 151-10 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.
N. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
No person, firm, partnership, corporation or organization shall sell or distribute supplies or equipment specifically designed or adapted for use in conduct of games of chance without having first obtained a license therefor upon written application made, verified and filed with the Board in the form prescribed by the rules and regulations of the Board. In each such application for a license under this section shall be stated the name and address of the applicant; the names and addresses of its officers, directors, shareholders or partners; the amount of gross receipts realized on the sale and rental of games of chance supplies and equipment to duly licensed authorized organizations during the last preceding calendar or fiscal year, and such other information as shall be prescribed by such rules and regulations. The fee for such license shall be a sum equal to $25 plus an amount equal to 2% of the gross sales and rentals, if any, of games of chance equipment and supplies to authorized organizations or authorized games of chance lessors by the applicant during the preceding calendar year, or fiscal year if the applicant maintains his accounts on a fiscal year basis. No license granted pursuant to the provisions of this section shall be effective for a period of more than one year.
A. 
The following shall be ineligible for such a license:
(1) 
A person convicted of a crime who has not received a pardon, a certificate of good conduct or a certificate of relief from disabilities;
(2) 
A person who is or has been a professional gambler or gambling promoter or who for other reasons is not of good moral character;
(3) 
A public officer or employee;
(4) 
An authorized games of chance lessor;
(5) 
A firm or corporation in which a person defined in Subsection A(1), (2), (3) or (4) above has greater than a 10% proprietary, equitable or credit interest or in which such a person is active or employed.
B. 
The Board shall have power to examine or cause to be examined the books and records of any applicant for a license under this section. 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.
C. 
Any solicitation of an organization licensed to conduct games of chance, to purchase or induce the purchase of games of chance supplies and equipment, other than by a person licensed or otherwise authorized pursuant to this section shall constitute a violation of this section.
D. 
Any person who willfully shall make any material false statement in any application for a license authorized to be issued under this section or who willfully shall violate any of the provisions of this section or of any license issued hereunder shall be guilty of a misdemeanor and, in addition to the penalties in such case made and provided, shall forfeit any license issued to him or it under this section and be ineligible to apply for a license under this section for one year thereafter.
E. 
At the end of such period specified in the license, a recapitulation shall be made as between the licensee and the Board in respect of the gross sales and rentals actually recorded during that period and the fee paid therefor, and any deficiency of fee thereby shown to be due shall be paid by the licensee and any excess of fee thereby shown to have been paid shall be credited to said licensee in such manner as the Board by the rules and regulations shall prescribe.
Pursuant to Section two of an Act of Congress of the United States, entitled "An act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, being Chapter 1194, 64 Stat. 1134, and also designated as 15 U.S.C. §§ 1171-1177, the State of New York, acting by and through the duly elected and qualified members of its legislature, does hereby, in accordance with and in compliance with the provisions of Section two of said Act of Congress, declare and proclaim that it is exempt from the provisions of Section two of said Act of Congress.
All shipments into this state of gaming devices, excluding slot machines and coin-operated gambling devices, as defined in Subdivision 7-a of § 225.00 of the Penal Law, the registering, recording and labeling of which has been duly had by the manufacturer or dealer thereof in accordance with Sections three and four of an Act of Congress of the United States, entitled "An act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, being Chapter 1194, 64 Stat. 1134, and also designated as 15 U.S.C. §§ 1171-1177, shall be deemed legal shipments thereof into this state.
A. 
To conduct games of chance.
(1) 
Each applicant for a license shall, after obtaining an identification number from the Board, file with the Clerk or department 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 such Clerk or department, as the case may be, 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, 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 licensed period for use of the premises of 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 such games of chance and the names and addresses of the persons to whom, and the purposes for which, they are 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 chapter otherwise provided; and such other information as shall be prescribed by such rules and regulations.
(f) 
The name of each single type of game of chance to be conducted under the license applied for and the number of merchandise wheels, if any, to be operated.
(2) 
In each application there shall be designated not less than four bona fide members of the applicant organization under whom the game or 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 such games in accordance with the terms of the license, the rules and regulations of the Board, this chapter and the applicable local laws or ordinances.
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 or department a written application therefor in a form to be prescribed by the 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 § 151-1 of this chapter; a statement of the lawful purposes to which the net proceeds from any rental are to be devoted by the applicant, and such other information as shall be prescribed by the Board.
C. 
The Town of Deerpark may, pursuant to § 151-2 of this chapter, adopt an ordinance providing that an authorized organization having obtained an identification number from the Board and having applied for no more than one license to conduct games of chance during the period not less than 12 nor more than 18 months immediately preceding may file with the Clerk or department a summary application in a form to be prescribed by the Board duly executed and verified, containing the names and addresses of the applicant organization and its officers, the date, time and place or places where the applicant intends to conduct games under the license applied for, the purposes to which the entire net proceeds of such games are to be devoted and the information and statement required by Subsection A(2) of this section in lieu of the application required under Subsection A of this section.
A. 
The Clerk or department 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.
(1) 
Issuance of licenses to conduct games of chance. If such Clerk or department shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this chapter; that the member or 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, a certificate of good conduct or a certificate of relief from disabilities; that such games are to be conducted in accordance with the provisions of this chapter and in accordance with the rules and regulations of the Board and applicable local laws or ordinances and that the proceeds thereof are to be disposed of as provided by this chapter; and if such Clerk or department is satisfied that no commission, salary, compensation, reward or recompense whatever will be paid or given to any person managing, operating or assisting therein except as in this chapter otherwise provided, 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.
(2) 
Issuance of licenses to authorized games of chance lessors. If such Clerk or department 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 § 151-1 of this chapter; that the applicant has filed its proposed rent for each license period and that the Clerk or department 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 this chapter; 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 Board and applicable local laws and ordinances, it 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 such Clerk or department 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.
(3) 
Issuance of license upon summary application. If, upon the basis of a summary application as prescribed under Subsection C of § 151-8 of this chapter, the Clerk or department shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this chapter, said Clerk or department shall forthwith issue said license. In the event the Clerk or department has reason to believe that the applicant is not so qualified the applicant shall be directed to file an application pursuant to Subsection A of § 151-8 of this chapter.
B. 
On or before the 30th day of each month, the Treasurer of the Town of Deerpark 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 such Clerk or department pursuant to this section during the preceding calendar month.
C. 
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 Clerk or department, 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 chapter may be amended, upon application made to such Clerk or department 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 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 statement of the name and address of the licensee, of the names and addresses of the members of the licensee under whom the games will be managed, 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; 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 to be contained therein, and 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. 
Each license to lease premises for conducting games of chance will be in such form as shall be prescribed in the rules and regulations of the 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 information which may be required by said rules and regulations to be contained therein, and each such license shall be conspicuously displayed upon such premises at all times during the conduct of games of chance.
A. 
The officer or department shall have and exercise rigid control and close supervision over all games of chance conducted under such license, to the end that the same are fairly 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 chapter, and such officer or department and the Board shall have the power and the authority to temporarily suspend any license issued by the Clerk or department pending a hearing; and after notice and hearing, the Clerk, department or Board may suspend or revoke the same, declare the violator ineligible to apply for a license for a period not exceeding 12 months thereafter, and additionally, impose a fine in an amount not exceeding $1,000 for violation of any such provisions, which shall not be paid from funds derived from the conduct of games of chance, and 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 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. Upon suspension or revocation of any license or upon declaration of ineligibility to apply for a license, the Board may suspend or revoke the identification number issued pursuant to § 151-2 of this chapter. An agent of the appropriate officer or department shall make an on site inspection during the conduct of all games of chance licensed pursuant to this chapter.
B. 
A municipality may, by local law or ordinance enacted pursuant to the provisions of § 151-2 of this chapter, provide that the powers and duties set forth in Subsection A of this section shall be exercised by the chief law enforcement officer of the county. In the event the Town of Deerpark exercises this option the fees provided for by Subsection B of § 151-19 of this chapter, shall be remitted to the chief fiscal officer of the county.
C. 
Service of alcoholic beverages. Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance on games of chance premises as such premises are defined in § 151-1 of this chapter; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises or the sale of any other alcoholic beverage in premises where only the game of chance known as the bell jar is conducted.
Except as provided in § 151-15 of this chapter, 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 conducting thereof, pursuant to the provisions of a local law or an ordinance duly adopted by the governing body of the municipality wherein the license is issued, authorizing the conduct of games of chance under this chapter on that day only between the hours of 12:00 noon and 12:00 midnight. Notwithstanding the foregoing provisions of this section no games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
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 chapter. Persons under the age of 18 years may be permitted to attend games of chance at the discretion of the games of chance licensee. No person under the age of 18 years shall be permitted to operate any game of chance conducted pursuant to any license issued under this chapter or to assist therein.
No game or 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 Monday, Tuesday, Wednesday and Thursday, and only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday, and only between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday. The above restrictions shall not apply when only the game of chance known as the bell jar is conducted.
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 license 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. 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. No game of chance shall be conducted with any equipment except such as shall be owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee. 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 an officer or the department any such person involved in such games of chance shall certify that he or she has no criminal record. 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, prizes, security personnel, 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, and license fees, and the cost of bus transportation, if authorized by such Clerk or department.
A fee may be charged by any licensee for admission to any game or games of chance conducted under any license issued under this chapter. The Clerk or department may in its discretion fix a minimum fee. Every winner shall be determined and every prize shall be awarded and delivered 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 game of chance.
A licensee may advertise the conduct of games of chance to the general public by means of newspaper, circular, 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 on 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 Clerk or department and the date, location and time of the event.
A. 
Within seven days after the conclusion of any license period, the authorized organization which conducted the same, 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 Clerk or department 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 and each item of expense incurred, or paid, and each item of expenditure made or to be made other than prizes, the name and address of each person to whom each such 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 games of chance during such license period, and the use to which such proceeds have been or are to be applied, and 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 such statement.
B. 
Upon the filing of such statement of receipts, the authorized organization furnishing the same shall pay to the Clerk or department as and for an additional license fee a sum based upon the reported net proceeds, if any, for the license period covered by such statement and determined in accordance with such schedule as shall be established from time to time by the Board to defray the actual cost to municipalities or counties of administering the provisions of this chapter, but such additional license fee shall not exceed 5% of the net proceeds for such license period.
A. 
The Clerk or department and the Board shall have power to examine or cause to be examined the books and records of:
(1) 
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 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 such game under any such license, the use of its premises for games of chance, or the disposition of net proceeds derived from games of chance, as the case may be.
(2) 
Any authorized games of chance lessor so far as they 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 such leasing.
B. 
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.
Any applicant for, or holder of, any license issued or to be issued under this chapter aggrieved by any action of an officer, Clerk or department, to which such application has been made or by which such license has been issued, may appeal to the Board from the determination of said officer, Clerk, or department by filing with such officer, Clerk, or department 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 such officer, Clerk or department and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue, and the action of the Board upon said appeal shall be binding upon such officer, Clerk, or department and all parties to said appeal.
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 pursuant to this chapter, 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, 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.
Any person, firm, partnership, corporation or organization who or which shall: (1) make any material false statement in any application for any license authorized to be issued under this chapter; (2) pay or receive, for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for in Subsection B of § 151-11 of this chapter; (3) 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; (4) 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 (5) divert or pay any portion of the net proceeds of any game of chance to any person, firm, partnership, corporation, 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.
A. 
Any person, association, corporation or organization holding, operating, or conducting a game or games of chance is 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 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, and
(e) 
No person is paid for conducting or assisting in the conduct of the game or games.
B. 
The provisions of this section shall apply to all municipalities within this state, including those municipalities where this chapter is inoperative.