Village of Hastings-on-Hudson, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 10-21-1980 by L.L. No. 1-1981. (This local law received the affirmative vote of a majority of the qualified electors voting thereon at the annual election held on March 17, 1981.) Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 88.
Handbills and posters — See Ch. 162.
A. 
Terms defined by statute. As used in this chapter, terms, including the terms "games of chance," "authorized organization," "lawful purpose," "net proceeds," "net lease," "authorized games of chance lessor," "single prize," "authorized supplier of games of chance equipment," "one occasion" and "licensed period," shall have the meanings designated in the definitions set forth in Article 9-A, § 186, of the General Municipal Law, except that poker is prohibited in the Village of Hastings-on-Hudson.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
STATE BOARD
The New York State Racing and Wagering Board.
VILLAGE BOARD
The Mayor and Board of Trustees.
VILLAGE MANAGER
The Village Manager of the Village of Hastings-on-Hudson and, for the purposes of this chapter, the chief law enforcement officer thereof.
The Village Manager is hereby delegated the authority granted to the Village Board by Article 9-A of the General Municipal Law in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings and the collection and transmission of fees.
No person, firm, partnership, corporation or organization other than an authorized organization licensed under the provisions of this chapter shall be permitted to conduct games of chance within the Village of Hastings-on-Hudson.
A. 
Each applicant for a license, after obtaining an identification number from the State Board, shall file with the Village Manager a written application to conduct games of chance on a form to be prescribed by the State Board or Village Manager duly executed and verified. Such application shall contain all of the information set forth in § 190, Application for license, of the General Municipal Law.
B. 
In each application there shall be designated not less than four bona fide members of the applicant organization under whom the 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 the games of chance in accordance with the terms of the license, Article 9-A of the General Municipal Law, the provisions of this chapter and the rules and regulations of the State Board.
C. 
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 Village Manager a written application therefor on a form to be prescribed by the State Board or the Village Manager, 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" and all other requirements set forth in Article 9-A of the General Municipal Law, the State Board and the provisions of this chapter.
A. 
No person, firm, partnership, corporation or organization other than a licensee under the provisions of this chapter shall conduct a game of chance or shall lease or otherwise make available for conducting games of chance any premises for any consideration whatsoever, directly or indirectly, except as provided in this chapter.
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 a game of chance.
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 equipment licensed by the State 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 $100. Except in a game of chance known as the "merchandise wheel," no single prize consisting of merchandise shall exceed the actual value of $250. No single wager shall exceed $2.
F. 
In addition to merchandise wheels, no more than five other single types of games of chance shall be conducted during any one license period.
G. 
Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $200 when the licensed organization conducts five single games of chance exclusive of merchandise wheels during any one license period. Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $250 when the licensed authorized organization conducts less than five single types of games of chance, exclusive of merchandise wheels during any one license period.
H. 
No person except a bona fide member of the licensed authorized organization, its auxiliary or affiliated organization shall participate in the management or operation of a game of chance as set forth in this chapter.
I. 
No person shall receive any remuneration for participating in the management or operation of any game of chance.
J. 
Notwithstanding anything to the contrary in Article 9-A of the General Municipal Law or this chapter, poker is prohibited in the village.
K. 
Credit shall not be extended to a person to participate in playing a game of chance.
L. 
No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor.
A. 
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 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 to be determined by the Village Board by resolution and set in the fee schedule,[1] plus an amount equal to 2% of the gross sales and rentals, if any, of games of chance equipment and supplies to authorized organizations 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.[2]
[1]
Editor's Note: The fee schedule is on file in the village offices.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The following shall be ineligible for such a license:
(1) 
A person convicted of a crime who has not received a pardon or 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 a 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 B(1), (2), (3) or (4) above, or a person married or related in the first degree to such a person, has greater than a 10% proprietary, equitable or credit interest or in which such a person is active or employed.
C. 
The Village Manager 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.
D. 
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.
E. 
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.
F. 
At the end of such period specified in the license, a recapitulation shall be made as between the licensee and the Village Manager in respect to 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 shall be prescribed by law.
A. 
The Village Manager 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.
B. 
If the Village Manager shall determine that the applicant is duly qualified to be licensed to manage games of chance under this chapter; that the member of the applicant designated in the application to conduct games of chance is a bona fide active member of the applicant and is a person of good moral character and has never been convicted of a crime or, if convicted, has received a pardon or a certificate of good conduct or a certificate of relief from disabilities; that such games of chance are to be conducted in accordance with the provisions of Article 9-A of the General Municipal Law and in accordance with the rules and regulations of the State Board and this chapter and that the proceeds thereof are to be disposed of as provided by this chapter; and if the Village Manager is satisfied that no commission, salary, compensation, reward or recompense whatsoever shall be paid or given to any person managing, operating or assisting therein, except as otherwise provided in Article 9-A of the General Municipal Law or in this chapter, the Village Manager shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee to be determined by the Village Board by resolution and set in the fee schedule[1] for each license period.[2]
[1]
Editor's Note: The fee schedule is on file in the village offices.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
If the Village Manager shall determine that the applicant seeking to lease a 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 § 186 of Article 9-A of the General Municipal Law; that the Village Manager shall find and determine that the public shall not be disadvantaged by the issuance of the license; that the applicant has filed its proposed rent for each license period and that the Village Manager has approved the proposed rent as fair and reasonable and that the net proceeds therefrom will be devoted to the lawful purposes of such applicant; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in Article 9-A of the General Municipal Law; and that the leasing of the premises for the conduct of games of chance is to be in accordance with the rules and regulations of the State Board and this chapter, he shall issue a license permitting the applicant to lease said premises for the conduct of games of chance to the games of chance licensee or licensees specified in the application during the period therein specified or such shorter period as the Village Manager shall determine, but not to exceed 12 license periods during a calendar year, upon payment of a license fee to be determined by the Village Board by resolution and set in the fee schedule.[3] Nothing herein shall be construed to require the applicant to be licensed under this chapter to conduct games of chance.[4]
[3]
Editor's Note: The fee schedule is on file in the village offices.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
No license shall be issued 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 Village Manager until after a hearing is held, upon due notice to the applicant, at which time the applicant shall be entitled to be heard upon its qualifications and the merits of the application.
B. 
Any applicant for or holder of any license hereunder aggrieved by any action of the Village Manager to which an application has been made or by which a license has been issued may appeal to the State Board from the determination of the Village Manager by filing with the Village Manager 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 Village Manager and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue. The action of the State Board upon said appeal shall be binding upon the Village Manager and all parties to said appeal.
C. 
Any license issued hereunder may be amended upon application to the Village Manager if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of any additional license fee as would have been payable if it has been so included.
A. 
Each license to conduct games of chance shall be in a form as shall be prescribed in the rules and regulations promulgated by the State Board or the Village Manager and shall contain a statement of the name and address of the licensee, the name and address of each member of the licensee under whom the games of chance shall be managed, of the place where and the date and time when the games of chance are to be conducted and of the purposes to which the entire net proceeds of the games of chance are to be devoted and any other information which may be required by said rules and regulations shall be contained herein. Each license issued for the conduct of any games of chance shall be conspicuously displayed at the place where the 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 a form as shall be prescribed in the rules and regulations of the State Board or the Village Manager 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 other information which may be required by said rules and regulations. Each license shall be conspicuously displayed upon the premises at all times during the conduct of the games of chance.
A. 
The Village Manager shall have and exercise rigid control and close supervision over all games of chance conducted under each license, to the end that the same are fairly conducted in accordance with the provisions of said license, the provisions of this chapter and the provisions of the rules and regulations promulgated by the State Board. The Village Manager and the State Board 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 intended to 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. The Village Manager or his agent shall make an on-site inspection during the conduct of all games of chance licensed pursuant to this chapter.
B. 
Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale on the premises during the conduct of games of chance, but the offering of all other alcoholic beverages is prohibited.
A. 
Within seven days after the conclusion of any licensed period, the authorized organization which conducted the games of chance 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 Village Manager 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, each item of expense incurred or paid, each item of expenditure made or to be made other than prizes, the name and address of each person to whom each 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 the games of chance during the licensed period and the use to which such proceeds have been or are to be applied. 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 statement of receipts.
B. 
Upon filing the statement of receipts, the authorized organization furnishing the same shall pay to the Village of Hastings-on-Hudson an additional fee in the sum of 5% of the net proceeds, if any, for the licensed period covered by the statement and determined in accordance with the schedule as shall be established from time to time by the State Board or the Village Manager to defray the actual cost to the Village of Hastings-on-Hudson of administering the provisions of this chapter.
C. 
The Village Manager and the State Board shall have the 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 the 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 games of chance under any license, the use of its premises for games of chance or the disposition of the net proceeds derived from games of chance, as the case may be.
(2) 
Any authorized games of chance lessor so far as the same 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 said leasing. Any information so received shall not be disclosed except for the purpose of carrying out the provisions of this chapter.
A. 
No person under the age of 18 years shall be permitted to play or operate or assist in operating any game of chance conducted pursuant to any license issued under this chapter.
B. 
No games of chance shall be conducted under any license issued under this chapter more often than 12 times in any calendar year. Games of chance may be conducted only between the hours of 12:00 noon and 11:00 p.m. every day except Sunday. Games of chance shall not be conducted on Sundays. The 11:00 p.m. closing period shall also apply to a legal holiday.
C. 
No person shall operate or assist in operating any games 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 or affiliate to the licensee. The head or heads of the authorized organization shall, upon request, certify under oath that the persons assisting in holding, operating or conducting any game of chance are bona fide members of such authorized organization, auxiliary or affiliated organization.
D. 
No games of chance shall be conducted with any equipment except that owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee.
E. 
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:
(1) 
Reasonable and are necessarily expended for games of chance supplies and equipment.
(2) 
Prizes.
(3) 
Stated rental, if any.
(4) 
Bookkeeping or accounting services according to a schedule of compensation prescribed by the State Board.
(5) 
Janitorial services and utility supplies, if any.
(6) 
License fees.
(7) 
Cost of bus transportation, if authorized by the Village Manager.
(8) 
Security personnel.
F. 
A fee may be charged by any licensee for admission to and participation in any games of chance conducted under any license issued under this chapter. Every winner shall be determined and every prize shall be awarded and delivered on the same calendar day as the game was played.
G. 
A licensee may advertise the conduct of games of chance to the general public by means of 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 in 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 company or upon any equipment of a first-aid or rescue squad in and throughout the community served by such volunteer 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.
H. 
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 issued hereunder 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 games of chance under any license obtained by any false pretense or by any false statement made in any application for a 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.
I. 
Any person, firm, partnership, corporation or organization who or which shall make material false statement in any application for any license issued pursuant to this chapter; shall pay or receive a rental in excess of the amount specified as the permissible rent in the license provided for in § 193 of the General Municipal Law for the use of any premises for conducting games of chance; shall 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; shall 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 shall divert or pay any portion of the net proceeds of any game of chance to any person, firm, partnership, corporation or organization, 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.
J. 
Any person, firm, partnership, corporation or organization holding, operating or conducting games of chance shall be 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, and:
(a) 
The organization has applied for and received an identification number from the State 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 of chance; and
(e) 
No person is paid for conducting or assisting in the conduct of the games of chance.
K. 
Alcoholic beverages.
(1) 
Sale, service and consumption of all alcoholic beverage, except beer, shall be prohibited at any premises where games of chance are conducted.
(2) 
No alcoholic beverage shall be offered or given as a prize in any games of chance.
L. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
M. 
Each violation of this chapter shall be deemed a separate offense, and each violation shall constitute and be punishable as a separate misdemeanor.
The Village Manager shall maintain for public inspection all bulletins issued by the State Board pertaining to authorized games of chance, and the Village Manager shall enforce within the Village of Hastings-on-Hudson all such rules and regulations, instructions, limitations and playing rules not inconsistent with the provisions of this chapter.