[HISTORY: Adopted by the Village Board of Trustees of the Village
of Pleasantville 12-14-1981 by L.L. No. 5-1981
as Ch. 14 of the 1981 Code. (This legislation passed at referendum 3-21-1995.)
Amendments noted where applicable.]
This chapter shall be known as the "Games of Chance Law of the Village
of Pleasantville, New York."
As used in this chapter, the following terms shall have the meanings
indicated:
An authorized organization as defined in Subdivision 4 of § 186
of the General Municipal Law.
A game of chance as defined in Subdivision 3 of § 186 of
the General Municipal Law.
[Amended 12-12-1994 by L.L. No. 22-1994]
A period of time not to exceed 14 consecutive hours, and, for purposes
of the game of chance known as a "bell jar" and "raffle," "license period"
shall mean a period of time running from January 1 to December 31 of each
year, as provided for in Subdivision 15 of § 186 of the General
Municipal Law.
[Added 12-12-1994 by L.L. No. 22-1994]
The Village of Pleasantville, New York.
Authorized organizations may, upon the obtainment of a license from
the Village Clerk, conduct games of chance within the Village of Pleasantville
as provided in Article 9-A of the General Municipal Law and as provided further
in this chapter. Such games of chance shall be conducted in accordance with
the general state law and with the rules and regulations of the New York State
Racing and Wagering Board and this chapter.
[Added 5-23-1994 by L.L. No. 12-1994]
There shall be a fee for a license as set forth by resolution of the
Village Board of Trustees in the Master Fee Schedule, which may be amended
from time to time.
[Amended 12-12-1994 by L.L. No. 22-1994[1]]
The conduct of games of chance authorized by this chapter shall be subject
to the restrictions set forth in § 189 of the General Municipal
Law, including but not limited to the following:
A.
No person, firm, partnership, corporation or organization,
other than a licensee under the provisions of § 191 of the General
Municipal Law, shall conduct such game or shall lease or otherwise make available
for conducting games of chance premises for any consideration whatsoever,
directly or indirectly.
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.
In addition to merchandise wheels, raffles and bell jars,
no more than five other single types of games of chance shall be conducted
during any one license period.
F.
The limitation on the sum or value for any single prize
awarded or series of prizes for games of chance shall be as set forth in Subdivisions
5, 6 and 8 of § 189 of the General Municipal Law.
G.
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.
H.
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 or its auxiliary
or affiliated organization shall participate in the operation of such game,
as set forth in § 195-c of the General Municipal Law.
I.
No person shall receive any remuneration for participating
in the management or operation of any such game.
J.
No authorized organization shall extend credit to a person
to participate in playing a game of chance.
K.
No game of chance shall be conducted on other than the
premises of an authorized organization or an authorized games of chance lessor.
Nothing herein shall prohibit the sale of raffle tickets to the public outside
the premises of an authorized organization or an authorized games of chance
lessor; provided, however, that no sale of raffle tickets shall be made more
than 180 days prior to the date scheduled for the occasion at which the raffle
will be conducted. The winner of any single prize in a raffle shall not be
required to be present at the time such raffle is conducted.
L.
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
Any authorized organization required to file a statement of receipts
and expenses pursuant to Subdivision 1 or 2 of § 195-f of the General
Municipal Law shall pay to the Village Clerk a license fee based upon the
reported net proceeds, if any, for the license period or, in the case of raffles,
for the occasion covered by such statement and determined in accordance with
such schedule as shall be established from time to time by the New York State
Racing and Wagering Board to defray the actual costs to the Village of Pleasantville
of administering the provisions of Article 9-A of the General Municipal Law,
but such additional license fee shall not exceed 5% of the net proceeds for
such license period.
This chapter shall be deemed to include all of the provisions of Article
9-A of the General Municipal Law, except as otherwise provided in this chapter,
and any amendment to the provisions in such article to the extent that such
provisions and amending acts are otherwise applicable to games of chance authorized
under this chapter.
Games of chance on the first day of the week, commonly known as "Sunday,"
may be conducted pursuant to this chapter and appropriate state law and regulation.
Notwithstanding the foregoing provisions of this section, no games of chance
shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
The Chief of Police shall exercise control over and supervision of all
games of chance conducted under an appropriately issued license. The Chief
of Police shall have all those powers and duties set forth in Article 9-A
of the General Municipal Law.
