[HISTORY: Adopted by the Port Chester Village Board 4-22-1958,
approved at referendum 4-22-1958. Amendments noted where
applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 190.
The purpose of this chapter is to amend an ordinance adopted by the
Village of Port Chester, Westchester County, New York, dated April 22, 1958,
authorizing the conduct of bingo in such village, to change the reference
in such ordinance from Article 14-G of the General Municipal Law to Article
14-H of the General Municipal Law, as so renumbered by Chapter 438 of the
laws of 1962, and to set forth therein the following additional amended and
renumbered restrictions concerning the conduct of the game of bingo by an
authorized organization in such village as required by Section 479 of the
General Municipal Law of the State of New York, as amended by Chapter 438
of the Laws of 1962.
As used in this chapter, unless the context requires otherwise, the
following terms shall mean and include:
Only bona fide religious, charitable or nonprofit organizations of
veterans, volunteer firemen and similar nonprofit organizations.
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 chapter.
A.
The Board shall have and exercise control and supervision
over all games of chance held, operated or conducted under such license, 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 chapter, §§ 475 to 499 of the General Municipal
Law or the rules and regulations of the control commission. The Board, or
any officer designated by them, shall have the right of entry at all times
into any premises where any such game of chance is being held, operated or
conducted, 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.
B.
The Board of Trustees may delegate to an officer or officers
thereof designated by it for that purpose any of the authority granted to
it hereby 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.
A.
Each applicant shall file with the Village Clerk of Port
Chester a written application in the form prescribed in the rules and regulations
of the control commission, duly executed and verified, in which there shall
be stated the name and address of the applicant, together with sufficient
facts relating to its incorporation and organization to enable the Board of
Trustees of the Village of Port Chester to determine whether or not it is
a bona fide authorized organization; the names and addresses of its officers;
the specific kinds of games of bingo intended to be held, operated and conducted
by the applicant, and the place or places where, the date or dates and the
time or times when, such games of bingo are intended to be held, operated
and conducted by the applicant under the license applied for; the items of
expense intended to be incurred or paid in connection with the holding, operating
and conducting of such games of bingo and the names and addresses of the persons
to whom, and the purpose for which, they are paid; the specific purposes to
which the entire net proceeds of such games of bingo are to be devoted, and
in what manner; that no commission, salary, compensation, reward or recompense
will be paid to any person for holding, operating or conducting such game
or games of bingo or for assisting therein except as in this chapter otherwise
provided; and that no prize or aggregate of prizes will be offered or given
under such license of a value in excess of the sum or value authorized to
be offered or given by this chapter, and a description of all prizes to be
offered and given in all such games of bingo to be held, operated and conducted
under such license, and such other information as shall be prescribed by such
rules and regulations.
B.
In each application 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
the rules and regulations of the control commission, if such license is granted.
C.
In the event that any premises upon which any such game
of bingo is to be held, operated or conducted, or which is to be used for
any other purpose in connection with the holding, operating or conducting
thereof, is to be leased from any person, persons or corporation, the application
shall be accompanied by a written statement signed and verified under oath
by such person or persons or on behalf of such corporation, 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 10% or more of its stock issued and outstanding
are of good moral character and have not been convicted of a crime.
D.
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 of net profits derived
from the operation of such game.
A.
No application for a license hereunder shall be denied
by the Board of Trustees of the Village of Port Chester 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 to the Board of Trustees of the Village of Port Chester 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.
A.
The Village Clerk of the Village of Port Chester, upon
the approval of the application for the issuance of a license by the Board
of Trustees of the Village of Port Chester, shall issue a license to the applicant,
in such form as shall be prescribed in the rules and regulations promulgated
by the control commission, upon the payment of a license fee or fees of $10
for each occasion upon which any games of bingo are to be conducted under
such license.
B.
No license shall be issued under this Article which shall
be effective for a period of more than one year.
C.
Each license issued for the conduct of any game or games
of bingo shall be conspicuously displayed at the place where same is to be
conducted and at all times during the conduct thereof.
Any game or games licensed hereunder shall be subjected to the following
restrictions in addition to such other restrictions as may be provided herein
or contained in the rules and regulations of the control commission.
A.
No person, firm, association, corporation or organization,
other than a licensee under the provisions of Article 14-H of the General
Municipal Law, shall conduct such game or shall lease, or otherwise make available
for conducting bingo, a hall or other premises for any consideration whatsoever,
direct or indirect.
B.
No authorized organization licensed under the provisions
of Article 14-H of the General Municipal Law shall purchase or receive any
supplies or equipment specifically designated or adapted for use in the conduct
of bingo games from other than a supplier licensed under the Bingo Control
Law or from another authorized organization.
C.
The entire net proceeds of any game of bingo or of any
rental shall be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
D.
No prize shall exceed the sum or value of $250 in any
single game of bingo.
E.
No series of prizes on any bingo occasion shall aggregate
more than $1,000.
F.
No person, except a bona fide member of such organization,
shall participate in the management or operation of such game.
G.
No person shall receive any remuneration for participating
in the management or operation of any game of bingo.
H.
No game of bingo shall be conducted under any license
issued under this chapter on the first day of the week, commonly known as
Sunday.
I.
No person under the age of 18 years shall be permitted
to participate in any game or games of bingo held, operated or conducted pursuant
to any license issued under this chapter unless accompanied by an adult.
J.
No game or games of bingo shall be held, operated or
conducted under any license issued under this chapter oftener than on six
days in any one calendar month, or in any room or outdoor area where alcoholic
beverages are sold or served during the progress of the game or games.
No person shall hold, operate or conduct any game or games of bingo
under any license issued under this chapter; no item of expense shall be incurred
or paid in connection with the holding, operating or conducting of the game
of bingo held, operated or conducted pursuant to any license issued under
this chapter; no rental shall be paid for the use of any premises for holding,
operating or conducting any game of bingo thereon; and no commission, salary,
compensation, reward or recompense whatever shall be paid or given, directly
or indirectly, except as provided for by Section 588 of the General Municipal
Law of the State of New York.
Not more than $1 shall be charged by any licensee for admission to any
room or place in which any game or games of bingo are to be held, operated
and conducted under any license issued under this chapter, 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 bingo 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 any
special games to be played under such license on such occasion. No prize greater
in amount or value than $250 shall be offered or given in any single game
conducted under any such license 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, and 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 beverage shall be offered
or given as a prize in any such game.
No game of bingo to be conducted under any license issued under this
chapter 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. All signs, however, shall be
subject to other ordinances of the village with respect to signs.
A.
Within 15 days after the conclusion of the holding, operating
and conducting of any such game of bingo, 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 gross receipts derived from each game of bingo, which shall include receipts
from the sale of shares, tickets or rights in any manner connected with participation
in said 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 bingo, and the use
to which such net profit has been or is to be applied, and a list of prizes
offered and given, with the respective values thereof, and it shall be the
duty of such licensee to maintain and keep such books and records as may be
necessary to substantiate the particulars of each such report.
B.
On or before the thirtieth day of each month the Treasurer
of the Village of Port Chester shall transmit to the State Comptroller a sum
equal to 50% of all license fees collected by the village pursuant to this
section during the preceding calendar month.
C.
The Board 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 such license is issued so far as they may relate
to any transactions connected with the holding, operating and conducting of
any game of bingo 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 bingo 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 chapter.
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto or shall pay any rental for the use of any premises for holding, operating or conducting any game of bingo under this chapter 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 § 145-4 of this chapter, or 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 shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and/or conducting of games of bingo under any such license or 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 bingo under any such license or shall violate any of the provisions of this chapter or of any term of such license shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one year thereafter.
Any applicant for, or holder of, any license issued or to be issued
under this chapter 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 Board 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 the
Board 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 control commission upon said appeal shall be binding upon the village
and all parties to said appeal.
This chapter may be amended from time to time or repealed by the Village
Board, and such amendment or repeal, as the case may be, may be made effective
and operative not earlier than 30 days following the date of enactment of
the local law or ordinance affecting such amendment or repeal, as the case
may be; and the approval of a majority of the electors shall not be a condition
prerequisite to the taking effect of such local law or ordinance.
The unauthorized conduct of a bingo game and any willful violation of
any provisions of this chapter shall constitute and be punishable as a misdemeanor.
[Amended 7-31-1991 by L.L. No. 16-1991]
Bingo, lotto and other games of chance authorized by law may be played
on the first day of the week, commonly known as "Sunday."
