[HISTORY: Adopted by the Town Board of the Town of Guilderland 6-11-1974
as Ch. 3, Art. II, of the 1974 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
ascribed to them:
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 Racing and Wagering Board.
[1]A license issued pursuant to the provisions of this chapter.
It shall be lawful for any authorized organization, upon obtaining a
license therefor as provided in this chapter, to conduct the game of bingo
within the territorial limits of the town, subject to the provisions of this
chapter, the provisions of Article 14-H of the General Municipal Law, as amended,
and the provisions of the State Bingo Control Law.[2]
A.
Each applicant for a license required by this chapter
shall file with the Town Clerk a written application therefor in the form
prescribed in the rules and regulations of the control commission, duly executed
and verified, in which shall be stated the name and address of the applicant
together with sufficient facts relating to its incorporation and organization
to enable the Town Board 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 chance intended to be held, operated and conducted by the applicant,
and the proposed location; the date or dates and the time or times when the
games 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 and
the names and addresses of the persons to whom, and the purposes for which,
they are to be paid; the specific purposes to which the entire net proceeds
of the games 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 for assisting therein except as in this
chapter otherwise provided; 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; a description of all prizes to be
offered and given in all such games of chance to be held, operated and conducted
under the license; and such other information as shall be prescribed by such
rules and regulations.
B.
In each application for a license required by this chapter,
there shall be designated an active member or members of the applicant organization
under whom the game described in the application is to be held, operated and
conducted, and to the application shall be appended a statement executed by
the applicant and by the member or members so designated, that he or they
will be responsible for the holding, operation and conduct of such games in
accordance with the terms of the license and the provisions of the rules and
regulations governing the holding, operation and conduct of such games and
of this chapter, if the license is granted.
C.
In the event that any premises, upon which any game 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, a written statement shall accompany the application
signed and verified under oath by such person or, if a corporation, executed
and verified under oath on behalf of such corporation, stating his address
and the amount of rent which will be paid for such premises and that such
lessor, 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.
The Town Board shall make an investigation of the qualifications of
each applicant for a license required by this chapter and the merits of each
application, with due expedition after the filing of the application and,
if it shall determine that the applicant is duly qualified to be licensed
under this chapter to hold, operate and conduct games under the provisions
of this chapter and the rules and regulations governing the holding, operation
and conduct thereof in the town; that the member or members of the applicant
designated in the application to hold, operate or conduct the games are bona
fide active members of the applicant and are persons of good moral character
and have never been convicted of a crime; that such games are to be held,
operated and conducted in accordance with the provisions of this chapter and
in accordance with the rules and regulations governing the holding, operation
and conduct thereof and that the proceeds thereof are to be disposed of as
provided by this chapter and, if the Town Board 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 of chance except as otherwise provided
in this chapter; and that no prize will be offered and given in excess of
the sum or value of $1,000 in any single game of chance and that the aggregate
of all prizes offered and given in all of such games of chance held, operated
and conducted on a single occasion under the license shall not exceed the
sum or value of $3,000, it shall issue a license to the applicant for the
holding, operation and conduct of the specific kinds of games applied for,
accordingly, upon payment of a license fee or fees as set by resolution of
the Town Board from time to time for each occasion upon which any games are
to be conducted under the license.
A.
No application for the issuance of a license required
by this chapter shall be denied by the Town Board until after a hearing, held
on due notice to the applicant, at which hearing 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 the governing body of the town 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.
On or before the 30th day of each month, the Town Clerk shall transmit
to the State Comptroller a sum equal to 50% of all license fees collected
by the town pursuant to this chapter during the preceding calendar month.
Each license issued pursuant to this chapter shall be in such form as
shall be prescribed in the rules and regulations promulgated by the control
commission and shall contain a description of the games authorized to be held,
operated and conducted thereunder, 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 such games will be held, operated and conducted, or the number
of times, or the hours during which, such games are authorized to be conducted
and the place or places where and the date or dates and time or times when
such games are to be conducted and of the specific purposes to which the entire
net proceeds of such games are to be devoted; if any prize or prizes are to
be offered and given in cash, a statement of the amounts of the prizes authorized
so to be offered and given; 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 game shall be conspicuously displayed at the place
where the same is to be conducted at all times during the conduct thereof.
No license required by this chapter for the holding, operation and conduct
of any game shall be issued under this chapter which shall be effective for
a period of more than one year.
Any game licensed pursuant to this chapter shall be subject to the following
restrictions in addition to such other restrictions as may be provided in
this chapter or contained in the rules and regulations of the control commission:
A.
No person other than a licensee under the provisions
of Article 14-H of the General Municipal Law shall conduct a game or shall
lease or otherwise make available for conducting bingo a hall or other premises
for any consideration whatsoever, directly or indirectly.
B.
The entire net proceeds of any game of bingo and of any
rental shall be exclusively devoted to the lawful purposes of the organization
permitted to conduct the game.
E.
No person except a bona fide member of such organization
shall participate in the management or operation of a game.
F.
No person shall receive any remuneration for participating
in the management or operation of any game.
G.
The unauthorized conduct of the bingo game and any willful
violation of any provision of this chapter shall constitute and be punishable
as a misdemeanor.
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.
I.
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 designed or adapted for use in the conduct
of bingo games from other than a supplier licensed under the Bingo Control
Law[3] or from another authorized organization.
[3]
Editor's Note: See Article 19-B of the Executive Law.
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated or conducted pursuant to any
license issued under this chapter unless accompanied by an adult.
[1]
Editor's Note: Original Sec. 3.26, Conduct of games on Sunday, which
immediately preceded this section, was repealed 2-24-1982.
No game shall be held, operated or conducted under any license issued
under this chapter more often than six days in any one calendar month.
No game shall be held, operated or conducted in any room or outdoor
area where alcoholic beverages are sold or served during the playing of the
games.
A.
No person shall hold, operate or conduct any game under
any license issued under this chapter 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 under such license except
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 provided
in this section.
B.
No game shall be conducted with any equipment except
such as shall be owned absolutely or used without payment of any compensation
therefor by the licensee under this chapter, and no item of expense shall
be incurred or paid in connection with the holding, operating or conducting
of any game held, operated or conducted pursuant to any license issued under
this chapter, 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; no rental shall be paid for the
use of any premises for holding, operating or conducting any such game of
chance thereon 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 § 480
of Article 14-H of the General Municipal Law, or which is in excess of the
sum stated as the rental to be charged therefor in such statement; and 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, operation or conduct of any game of chance so
held, operated or conducted, 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.[1]
A.
A fee as set by resolution of the Town Board from time
to time 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 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 chance to
be played under such license on such occasion, and no charge in excess of
the fee as set by resolution of the Town Board from time to time shall be
made for a single opportunity to participate in all special games to be played
under the license on such occasion.
B.
No prize greater in amount or value than $1,000 shall
be offered or given in any single game conducted under any license and the
aggregate amount or value of all prizes offered or given in all games played
on a single occasion shall not exceed $3,000, 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.[1]
No game 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.
Within 15 days after the conclusion of the holding, operating and conducting
of any game under this chapter, the authorized organization which held, operated
or conducted the game and its members who were in charge thereof shall furnish
to the Town 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 said game or the right to participate therein, each item of expense incurred,
or paid, and each item of 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 prizes
offered and given, with the respective value 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.
The Town 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 license is issued pursuant to this chapter, so far as they may
relate to any transactions connected with the holding, operating and conducting
of any game 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 chapter.
A.
The Town Board issuing any license under this chapter
shall have and exercise control and supervision over all games held, operated
or conducted under such license, to the end that the games are fairly held
and operated and conducted in accordance with the provisions of the license,
the rules and regulations promulgated by the control commission and the provisions
of this chapter.
B.
The Town Board and the control commission shall have
the power and authority to suspend any license issued by it and to revoke
the license, after notice and hearing, for violation of any such provision,
and shall have the right of entry, by their respective 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 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 the same.
The Town Board may delegate to an officer or officers thereof designated
by it for that purpose any of the authority granted to it by this chapter
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.
Any applicant for, or holder of, any license issued or to be issued
under this chapter aggrieved by any action of the Town Board to which such
application has been made or by which such license has been issued, may appeal
to the control commission from the determination of the Town Board by filing
with the Town 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 Town 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 Town Board and all parties to the appeal.
No person or corporation lawfully conducting, or participating in the
conduct of; 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 conducted or to be conducted 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. However, 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, or 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 conducted under any
license known to him or it to have been obtained by any such false pretense
or statement.
Any person who shall make any false statement in any application for
any license required by this chapter 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 under this chapter or for any other purpose in connection
with the holding, operating or conducting thereof, unless the amount of the
rental is stated in a statement annexed to the application for the license
as provided in this chapter, 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
the statement executed by him, 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 under any 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 under any
license, or shall violate any of the provisions of this chapter or of any
term of a license shall be guilty of a class A misdemeanor and shall forfeit
any license issued to him under this chapter and be ineligible to apply for
a license under this chapter for one year thereafter and, in addition thereto,
shall be punishable by a fine not exceeding $1,000 or imprisonment for a period
not exceeding one year, or by both such fine and imprisonment.
