[HISTORY: Adopted by the Town Board of the Town of Somers 9-21-1971. Amendments noted where applicable.]
Games of chance — See Ch. 105.
Editor's Note: This ordinance was approved by referendum at the General Election held 11-2-1971 and took effect 10 days later.
It shall be lawful for any authorized organization, upon obtaining a license therefor, as provided in Article 14-H of the General Municipal Law, to conduct the game of bingo within the territorial limits of the Town of Somers, subject to the provisions of this chapter, the provisions of said Article 14-H of the General Municipal Law and the provisions of the State Lottery Control Law.
Each applicant for a license shall file with the Town Clerk of the municipality a written application therefor in the form prescribed by the rules and regulations of the State Lottery Control Commission and in the manner prescribed by the rules and regulations of the State Lottery Control Commission and in the manner provided by § 480 of the General Municipal Law.
Editor's Note: The Commission has been changed to the New York State Racing and Wagering Board by amendment to § 476 of the General Municipal Law.
The following restrictions, among such others as may be provided by statute, shall apply in the case of all bingo games:
No person, firm, association, corporation or organization, other than a licensee under the provisions of Article 14-H of the General Municipal Law, shall conduct such game or shall lease, or otherwise make available for conducting bingo, a hall or other premises for any consideration whatsoever, direct or indirect.
No bingo games shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of such game.
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 or from another authorized organization.
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 same.
No prize shall exceed the sum or value of $250 in any single game of bingo.
No series of prizes on any one bingo occasion shall aggregate more than $1,000.
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
No person shall receive any remuneration for participating in the management or operation of any games of bingo.
The unauthorized conduct of a bingo game and any willful violation of any provision of this chapter shall constitute and be punishable as a misdemeanor.
Limited-period bingo shall be conducted in accordance with the provisions of Article 14-H of the General Municipal Law and the rules and regulations of the State Lottery Control Commission.
[Amended 10-17-1991 by L.L. No. 7-1991]
In the event that the Town Board, after investigation as provided in § 481 of the General Municipal Law, shall be satisfied that the game of chance is to be held, operated and conducted in accordance with the provisions of Article 14-H of the General Municipal Law and such other statutes, rules and regulations as may be applicable, the Town Board shall issue a license to the applicant for the holding, operation and conduct of the specific games of chance applied for upon payment of a license fee in an amount set by resolution of the Town Board for each occasion upon which any game of chance is to be conducted under such license. No license for the holding, operation or conduct of any game of chance shall be effective for a period of more than one year.
Editor's Note: The current fee is set forth in the fee schedule, which is on file in the office of the Town Clerk.
Games of chance, authorized under this chapter, may not be conducted on Sunday.
The unauthorized conduct of a bingo game or any violation of any provision of this chapter shall constitute and be punishable as a misdemeanor.