[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," "bell jars," "raffle,"
"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.
[Amended 5-4-2021 by L.L. No. 3-2021]
B.
STATE BOARD
VILLAGE BOARD
VILLAGE MANAGER
As used in this chapter, the following terms shall
have the meanings indicated:
The New York State Racing and Wagering Board.
The Mayor and Board of Trustees.
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.
The limitation on the sum or value for any single
prize awarded or for a series of prizes for games of chance shall
be as set forth in Subdivision 5, Subdivision 6, and Subdivision 8
of General Municipal Law § 189 as same may be amended from
time to time.
[Amended 5-4-2021 by L.L. No. 3-2021]
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.
[1]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.
H.
No person shall receive any remuneration for participating
in the management or operation of any game of chance.
I.
Notwithstanding anything to the contrary in Article
9-A of the General Municipal Law or this chapter, poker is prohibited
in the village.
J.
Credit shall not be extended 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.
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]
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.
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]
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]
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.
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.
