[HISTORY: Adopted by the Board of Trustees of the Village of Mount
Kisco 9-2-1958 as L.L. No. 1-1958. Sections 48-1, 48-2 and 48-4B amended at
time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
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.
A license issued pursuant to this chapter and pursuant to the State
Bingo Licensing Law.
Article 19-B of the Executive Law of the State of New York, added
by Chapter 853 of the Laws of 1957, effective January 1, 1958.
[1]Article 14-H of the General Municipal Law of the State of New York,
added by Chapter 854 of the Laws of 1957, effective January 1, 1958, and as
amended.
[2]The commission created by the State Bingo Control Law.
[3]It shall be unlawful for any authorized organization, upon obtaining
a license therefor as hereinafter provided, to conduct the game of bingo within
the territorial limits of the Village of Mount Kisco, subject to the provisions
of this chapter, the provisions of the State Bingo Licensing Law, the provisions
of the State Bingo Control Law and the rules and regulations of the State
Control Commission.
The following restrictions are hereby imposed upon the conduct of bingo
games:
A.
No person, firm, association, corporation or organization,
other than an authorized organization licensed under the provisions of this
chapter and the provisions of the State Bingo Licensing Law, shall be permitted
to conduct such games.
B.
The entire net proceeds of any game shall be exclusively
devoted to the lawful purposes of the organization permitted to conduct the
same.
C.
No single prize shall exceed the sum or value of $250.
D.
No series of prizes on any one occasion shall aggregate
more than $1,000.
E.
No person, except a bona fide member of any such organization,
shall participate in the management or operation of any such game.
F.
No person shall receive any remuneration for participating
in the management or operation of any such game.
G.
Games shall be conducted in accordance with any and all
restrictions and conditions, including but not limited to restrictions and
conditions as to times, dates and manner of operation, contained in licenses
issued as hereinafter provided or prescribed by the State Bingo Licensing
Law.
H.
No bingo game 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.
The procedure for licensing shall be as follows:
A.
Each applicant for a license shall file with the Village
Clerk a written application therefor in the form prescribed by the rules and
regulations of the State Control Commission and containing all the information
required by the State Bingo Licensing Law to be included in such applications.
B.
The Board of Trustees shall make an investigation of the qualifications of each applicant and the merits of each application, and if it shall determine favorably to the applicant all the matters required by the State Bingo Licensing Law to be determined, the Board of Trustees shall issue a license to the applicant for the holding, operation and conduct of specific games of chance upon payment to the Village Treasurer of the license fee or fees provided in Chapter A112, Fees, for each occasion upon which any game is to be conducted under such license. In passing upon any application and upon granting any license, the Board of Trustees may compare the dates and times at which the applicant proposes to hold games with the dates and times at which any other applicant proposes to or has been licensed to hold games, with a view to avoiding, to the greatest extent possible, conflicts in such dates and times, and to avoid such conflicts the Board of Trustees may issue licenses authorizing the holding of games at different dates and times from those applied for. No application shall be denied by the 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.
[Amended 7-19-1982 by L.L.
No. 4-1982]
C.
The Village Treasurer shall transmit to the State Comptroller
such portions of the license fees collected as may be required by the State
Bingo Licensing Law.
D.
Licenses shall be effective for such periods as may be
fixed by the Board of Trustees, not to exceed one year.
E.
Each license shall be in the form prescribed by the rules
and regulations promulgated by the State Control Commission and shall contain
such information as the State Bingo Licensing Law requires to be included
in licenses and shall be displayed conspicuously at the place where any game
is conducted pursuant to the State Bingo Licensing Law.
F.
Any license issued under this chapter may be amended,
upon application to the Board of Trustees, 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.
In operating and conducting games, licensees shall comply with the provisions
of the State Bingo Licensing Law with respect to:
A.
The prohibition against the conducting of games on Sunday.
B.
The prohibition against participation in games by persons
under the age of 18 years unless accompanied by adults.
C.
The frequency of holding of games and the prohibition
against conducting them where alcoholic beverages are served.
D.
The persons who may operate and conduct games, the ownership
of equipment used in games, the incurring of expenses, the payment of rentals
and the payment of compensation.
E.
Charges for admission and participation, the amounts
and values of prizes, the determination of winners and award of prizes within
the same calendar day as that upon which games are played and the prohibition
against the giving of alcoholic beverages as prizes.
F.
The advertising of games.
G.
Any and all other matters prescribed, governed or regulated
by the State Bingo Licensing Law.
The following measures of control and supervision over games shall be
maintained:
A.
The Board of Trustees shall have and exercise control
and supervision over all games held, operated and conducted under licenses
issued by it, to the end that such games are fairly held, operated and conducted
in accordance with the provisions of the licenses, the provisions of this
chapter, the provisions of the State Bingo Licensing Law and the provisions
of rules and regulations promulgated by the State Control Commission, and
the Board of Trustees shall have the power and authority to revoke or suspend
any license issued by it, after notice and hearing, for violation of any such
provisions. The Board of Trustees shall have the right of entry, by its officers
and agents, at all times into any premises where any game is being held, operated
and conducted or where it is intended that any such game shall be held, operated
and conducted or where any equipment being used or intended to be used in
the conduct thereof is found for the purpose of inspecting them.
B.
The Board of Trustees shall have the power to examine
or to cause to be examined the books and records of any licensee so far as
they may relate to any transactions connected with the holding, operating
and conducting of any game under a license and to examine any manager, officer,
director, agent, member or employee thereof under oath in relation to the
conduct of any such game, but any information so received shall not be disclosed
except so far as may be necessary for the purpose of carrying out the provisions
of this chapter and the provisions of the State Bingo Licensing Law.
C.
Licensees conducting games shall furnish to the Village
Clerk, at times and in the manner provided by the State Bingo Licensing Law,
such statements showing gross receipts, expenses and other information as
to operations as are required by the State Bingo Licensing Law.
D.
Appeals from determinations of the Board of Trustees
may be taken to the State Control Commission as prescribed by the State Bingo
Licensing Law.
The Board of Trustees may, by resolution duly adopted, delegate to any
officer or officers designated by it for that purpose any of the authority
granted to the Board of Trustees by the State Bingo Licensing Law and any
of the powers and duties of the Board of Trustees under this chapter in relation
to the issuance, amendment and cancellation of licenses, the conduct of investigations
and hearings, the supervision of the operation of games and the collection
and transmission of fees.
A.
This chapter shall not become operative or effective
unless and until it shall have been approved by a majority of the qualified
voters of the Village of Mount Kisco entitled to vote for village officers,
and upon such approval, this chapter shall become effective after due publication
and posting as required by the Village Law.
B.
This chapter may be amended or repealed without the approval
of a majority of such voters of the Village of Mount Kisco in the manner and
to the extent permitted by the State Bingo Licensing Law and the Village Law.
