[HISTORY: Adopted by the Common Council of the City of Middletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-1958 by L.L. No. 3-1958 (Ch. 16, Art. I of the 1971 Code)]
[Amended 9-23-1963 by L.L. No. 5-1963]
It shall be lawful for any authorized organization, as defined in § 476 of Article 14-H of the General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the City of Middletown, New York, subject to the provisions of the Constitution of the State of New York, Article 14-H of the General Municipal Law, Article 19-B of the Executive Law and this article and the following restrictions.
[Amended 9-23-1963 by L.L. No. 5-1963; 4-23-2007 by L.L. No. 1-2007]
The conduct of bingo games in the City of Middletown shall be subject to the restrictions of § 479 of the General Municipal Law.
The City Clerk is hereby designated as an officer of the City of Middletown, New York, to exercise any of the authority granted to the Common Council 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.
This article shall not become operative or effective unless it shall have been approved by a majority of the qualified electors of the City of Middletown, New York, voting on a proposition, which proposition shall state: "Shall Local Law No. 3, adopted by the Common Council of the City of Middletown on August 18, 1958, which authorizes the conduct of bingo games within the City of Middletown, New York, be approved?", and which proposition shall be submitted at a general election to be held on November 4, 1958, in accordance with the provisions of the Election Law and other provisions of the law applicable.
Editor's Note: Local Law No. 3-1958 was approved by a majority of qualified voters on 11-4-1958.
[Adopted 4-25-1977 (Ch. 16, Art. II of the 1971 Code)]
This article shall be cited and may be referred to as the "Games of Chance Licensing Law."
This article is enacted pursuant to the authority granted by Chapter 960, Laws of the State of New York, 1976, which amended the General Municipal Law of the State of New York by adding a new article, Article 9-A, thereto.
It is declared to be the public policy of the City of Middletown that the raising of funds for the promotion of bona fide charitable, educational, scientific, health, religious and patriotic causes and undertakings, where the beneficiaries are undetermined, is in the public interest. It hereby finds that, as conducted prior to the enactment of this article, games of chance were the subject of exploitation by professional gamblers, promoters and commercial interests.
It is hereby declared to be the policy of the Common Council of the City of Middletown that all phases of the supervision, licensing and regulation of games of chance and the conduct of games of chance should be closely controlled and that the laws, ordinances and regulations pertaining thereto should be strictly construed and rigidly enforced.
This article shall be applicable to all territory within the limits of the City of Middletown.
As used in this article, the following terms shall have the meanings indicated:
- AUTHORIZED GAMES OF CHANCE LESSOR
- An authorized organization which has been granted a lessor's license pursuant to the provisions of this article or a municipality.
- AUTHORIZED ORGANIZATION
- Includes any bona fide religious, charitable, educational or service organization, or bona fide organization of veterans or volunteer firemen, which, by its character, certificate of incorporation, constitution or by an act of the legislature, shall have among its dominant purposes one or more of the lawful purposes, as defined in this section, provided that each shall operate without profit to its members and, provided that such organization has engaged in servicing one or more of the lawful purposes, as defined in this section, for a period of three years immediately prior to applying for a license under this article. No organization shall be deemed an authorized organization which is formed primarily for the purpose of conducting games of chance and for the distribution of the proceeds thereof to itself or any other organization and which does not devote at least 75% of its activities to other purposes set forth in this section. No political party shall be deemed an authorized organization.
- GAMES OF CHANCE
- Includes specific games of chance in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but not including games commonly known as "bingo" or "lotto" which are controlled under Article 14-H of the General Municipal Law and also not including slot machines, bookmaking and policy or numbers games as defined in § 225.00 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.
- LAWFUL PURPOSES
- One or more of the following causes, deeds or activities.
- (1) Those which shall benefit needy or deserving persons, indefinite in number, by enhancing their opportunity for religious or educational advancement; by relieving them from disease, suffering or distress; by contributing to their physical well-being; by assisting them in establishing themselves in life as worthy and useful citizens; or by increasing their comprehension of and devotion to the principles upon which this nation was founded and enhancing their loyalty to their government.
- (2) Those which shall otherwise lessen the burdens borne by government or which are voluntarily undertaken by an authorized organization to augment or supplement services which government would normally render to the people, including the performance of worthy public works and the fostering of same.
- LICENSED PERIOD
- A period of time not to exceed 14 consecutive hours.
- NET PROCEEDS
- In relation to the gross receipts from one or more occasions of games of chance, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for supplies and equipment, prizes, stated rental, if any, bookkeeping or accounting services, janitorial services, utilities and license fees; and, in relation to the gross rent received by an organization licensed to permit the use of its premises by another licensee, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for janitorial services and utilities directly attributable thereto.
- ONE OCCASION
- The conducting of any one type of game of chance during any one license period. No series of prizes on any one occasion shall aggregate more than $1,000.
- A sum of money or item of merchandise awarded by the authorized organization to a participant in any one operation or conducting of a game of chance in which participants utilize currency for participation and in which those who are not winners surrender their participating currency at the conclusion of the single operation of such game of chance. No price for any one participant shall exceed the sum of $100. If a prize is awarded based on odds, only that portion in excess of the winning participant's bet shall be considered as a prize. For the purpose of this section, the value of a prize which consists of merchandise shall be the actual cost of the item of such merchandise.
This article shall also include such additional definitions of terms as set forth in Article 9-A of the General Municipal Law.
It shall be lawful for any authorized organization, upon obtaining a license as provided for hereunder and complying with all other rules and regulations of the New York State Racing and Wagering Board and all others as set forth herein, to conduct a game or games of chance in the City of Middletown.
No persons, firm, association, corporation or organization other than a licensee under the terms of this article or a bona fide organization of persons 60 years or over, as defined in § 182-19B of this article, shall be permitted to conduct such games or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided herein.
No persons, except a bona fide member of a licensed organization, shall participate in the management or operation of such game.
No persons shall receive any remuneration for participating in the management of any such game.
No persons under the age of 18 years shall be permitted to play any game or games of chance conducted pursuant to any license issued under this article. No persons under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of chance conducted pursuant to any license issued under this article.
No game shall be held, operated or conducted on or within 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.
No authorized organization licensed under the provisions of this article shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance other than from a licensed supplier or from another authorized organization.
The entire net proceeds of any game of chance or of any rental received by an authorized lessor shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
Not more than $2 shall be charged by any licensee for admission to any room or place in which any game or games of chance are to be conducted under any license issued under this article. Every winner shall be determined and every prize shall be awarded and delivered within the same licensed period as that upon which the game was played.
No alcoholic beverage shall be offered or given as a prize in any game of chance.
No prize shall exceed the sum or value of $100 in any operation or conducting of a single game of chance.
No single wager shall exceed $10.
No series of prizes on any one occasion of games of chance shall aggregate more than $1,000.
Games of chance shall be permitted on the first day of the week, commonly known and designated as Sunday, unless prohibited by Subsection N below.
In no case shall games of chance be conducted on New Year's Eve, Easter Sunday or Christmas Day.
No game or games of chance shall be conducted under any license issued under this article more often than 12 times in any calendar year. Subject to the prohibition in Subsection N above, games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday, Thursday and Sunday; only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday; and only between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance but the offering of all other alcoholic beverages is prohibited.
No game of chance conducted or to be conducted in the City of Middletown shall be advertised as to its location, the time when it is to be or has been played, the prizes awarded or to be awarded or transportation facilities to be provided to such game, by means of newspapers, radio, television or sound trucks, by means of billboards, posters or handbills or by any other means addressed to the general public, except that one sign 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 sign may be displayed on or adjacent to the premises in which the games are to be conducted. The size and site placement of such signs shall have authorization of the Planning Board of the City of Middletown.
Within seven days after the conclusion of any license period, the authorized organization which conducted the game, its members who were in charge thereof and, when applicable, the authorized organization which rented its premises therefor shall each furnish to the City Clerk of the City of Middletown 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 an item of expense has been paid or is to be paid with a detailed description of the merchandise purchased or the services rendered therefor, net proceeds derived from the conduct of games of chance during such license period, the use to which such proceeds have been or are to be applied and a list of prizes offered and given with the respective values thereof. It shall be the duty of each licensee to maintain and keep such book and records as may be necessary to substantiate the particulars of each such statement.
Upon the filing of such statement of receipts, the authorized organization furnishing the same shall pay to the Treasurer of the City of Middletown, as and for an additional license fee, a sum based upon the reported net proceeds for the license period covered by such statement, an amount equal to 5% of the net proceeds for such occasion.
Each applicant for a license to conduct games of chance shall, after obtaining an identification number from the New York State Racing and Wagering Board, file with the City Clerk of the City of Middletown a written application therefor in a form to be prescribed by said Board duly executed and verified.
Each applicant for a license to lease premises to a licensed organization for the purposes of conducting games of chance shall file with the City Clerk of the City of Middletown a written application therefor in a form to be prescribed by the State Racing and Wagering Board duly executed and verified.
The City Clerk of the City of Middletown shall make an investigation of the qualifications of each applicant for a license to conduct games of chance and the merits of each application within a reasonable time after the filing of the application. The City Clerk shall issue a license to the applicant for the conduct of games of chance upon the payment of a license fee of $25 for each license period if' the City Clerk determines that:
The applicant is an authorized organization as defined herein.
The member or members of the applicant designated in the application to conduct games of chance are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime or, if convicted, have received a pardon or a certificate of good conduct.
Such games are to be conducted in accordance with the provisions of this article and in accordance with the rules and regulations of the State Racing and Wagering Board.
The proceeds thereof are to be disposed of as provided by this article.
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 such games.
No prize will be given in excess of the sum or value of $100 in any single game and that the aggregate of all prizes given on one occasion under such license shall not exceed the sum or value of $1,000.
The City Clerk of the City of Middletown shall make an investigation of the qualifications of each applicant for a license to lease premises to another licensee for the purpose of conducting games of chance and the merits of each application within a reasonable time after the filing of the application. The City Clerk shall issue a license permitting the applicant to lease said premises for the conduct of such games to the authorized organization or organizations specified in the application during the period therein specified or such shorter period as the City Clerk shall determine, but not to exceed one year, upon payment of a license fee of $50 if the City Clerk determines that:
The applicant seeking to lease a hall or premises for the conduct of games of chance to an authorized organization is duly qualified to be licensed under this article.
The applicant satisfies the requirements for an authorized games of chance lessor as defined herein.
There is a public need and that public advantage will be served by the issuance of such license.
The applicant has filed its proposed rent for each games of chance occasion.
There is no diversion of the funds of the proposed lessee from the lawful purposes as defined in this article.
Such leasing of a hall or premises for the conduct of such games is in accordance with the provisions of this article and in accordance with the rules and regulations of the State Racing and Wagering Board.
No license shall be issued under this article which shall be effective for a period of more than one year.
On or before the 13th day of each month, the Treasurer of the City of Middletown shall transmit to the State Comptroller from the funds collected in the preceding month:
No application for the issuance of license to an authorized organization shall be denied by the City Clerk 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.
Any license issued under this article may be amended upon the application made to the City Clerk 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.
Each license to conduct games of chance shall be in such form as shall be prescribed in the rules and regulations promulgated by the State Racing and Wagering Board. Each license issued for the conduct of any games shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof.
Each license to lease premises for conducting games of chance will be in such form as shall be prescribed in the rules and regulations of the State Racing and Wagering Board and shall be conspicuously displayed upon such premises at all times during the conduct of games of chance.
The enforcement officer of the provisions of this article shall be the chief law enforcement officer of the City of Middletown or his duly designated agent as determined by the Common Council of the City of Middletown by resolution.
The enforcement officer or his duly designated agent, as hereinbefore provided, shall have and exercise rigid control and close supervision over all games of chance conducted under such license to the end that the same are fairly conducted in accordance with the provisions of such license, the provisions of the rules and regulations promulgated by the State Racing and Wagering Board and the provisions of this article. Such officer and the Common Council shall have the power and the authority to temporarily suspend any license issued by the City Clerk of the City of Middletown pending a hearing, and after notice and hearing, the said Common Council may suspend or revoke the same and additionally impose a fine in an amount not exceeding $1,000 for violation of any such provisions and 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 where it is intended that any such game shall 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. An agent of the enforcement officer shall make an on-site inspection during the conduct of all games of chance licensed pursuant to this article.
Any person, association, corporation or organization who or which shall make any material false statement in any application for any license authorized to be issued under this article; pay or receive, for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for herein; 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; 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 divert or pay any portion of the net proceeds of any game of chance to any person, association or corporation, except in furtherance of one or more of the lawful purposes defined in this article, shall be guilty of a misdemeanor and shall forfeit any license issued under this article for at least one year thereafter.
Any person, association, corporation or organization holding, operating or conducting a game or games of chance is guilty of a misdemeanor except when operating, holding or conducting such game or games:
In accordance with a valid license issued pursuant to this article; or
On behalf of a bona fide organization of persons 60 years or over, commonly referred to as "senior citizens," solely for the purpose of amusement and recreation of its members where:
The organization has applied for and received an identification number from the State Racing and Wagering Board.
No player or other person furnishes anything of value for the opportunity to participate.
The prizes awarded or to be awarded are nominal.
No person other than a bona fide active member of the organization participates in the conduct of the games.
No person is paid for conducting or assisting in the conduct of the game or games.
The provisions of this article shall be inoperative unless and until a proposition therefor submitted at a general or special election in the City of Middletown shall be approved by a vote of the majority of the qualified electors in the City of Middletown voting thereon. This article shall become effective 10 days after such approval by a majority of the qualified electors.
Editor's Note: This ordinance was passed at a referendum held 11-8-1977 and became effective 11-18-1977.
If any provision of this article or the application thereof to any person, association, corporation or organization or set of circumstances shall be adjudged unconstitutional or in violation of any other law by any court of competent jurisdiction, the remainder of this article or the application thereof to any other person, association, corporation or organization or set of circumstances shall not be affected thereby.