[HISTORY: Adopted by the Board of Trustees of the Village of West
Carthage 3-27-1958[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 47.
[1]
Editor's Note: This ordinance was approved by the electors of the
Village at a special election held 4-15-1958.
For the purposes of this chapter, unless the context requires otherwise,
the following terms shall have the following meanings:
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 Lottery Control Commission.
A license issued pursuant to the provisions of this chapter.
It shall be lawful for any authorized organization, upon obtaining a
license therefor as hereinafter provided, to conduct the game of bingo within
the territorial limits of the Village of West Carthage, subject to the provisions
of this chapter, the provisions of Article 14-G (§§ 475 through
499) of the General Municipal Law[1] and the provisions of the State Lottery Control Law[2] as they may from time to time be amended.
Any bingo games authorized hereby shall be subject to the following
restrictions and, in addition, to such other restrictions as may be provided
herein or contained in the rules and regulations of the State Lottery Control
Commission:
A.
No person, firm, association, corporation or organization
other than an authorized organization licensed under the provisions of this
chapter shall be permitted to conduct such games.
B.
The entire net proceeds of any game shall be exclusively
devoted to the lawful purposes of the organization permitted to conduct the
same.
C.
No single prize shall exceed the sum or value of $250.
D.
No series of prizes on any one occasion shall aggregate
more than $1,000.
E.
No person except a bona fide member of any such organization
shall participate in the management or operation of such game.
F.
No person shall receive any remuneration for participating
in the management or operation of any such game.
G.
The unauthorized conduct of a bingo game and any willful
violation of any provisions of this chapter shall constitute and be punishable
as a misdemeanor.
H.
No game or games of chance shall be conducted on the
first day of the week, commonly known and designated as Sunday, under any
license issued pursuant to this chapter.
I.
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 pursuant to this chapter unless personally
accompanied by an adult.
J.
No game or games of chance shall be held or conducted,
under any license issued pursuant to this chapter, oftener than on six days
in any one calendar month.
K.
No game or games of chance shall be held or conducted,
under any license issued pursuant to this chapter, in any room or outdoor
area where alcoholic beverages are sold or served during the progress of the
game or games.
A.
Each applicant for a license shall file with the Village
Clerk of the Village of West Carthage a written application therefor in the
form prescribed by the rules and regulations of the Control Commission, duly
executed and verified and containing the information required by the provisions
of § 480 of the General Municipal Law and such other information
as shall be prescribed by such rules and regulations.
B.
In each application there shall be designated an active
member or members of the applicant organization under whom the game or games
of chance described in the application are 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 of chance in accordance
with the terms of the license and the provisions of this chapter, Article
14-G (§§ 475 through 499) of the General Municipal Law[1] and the rules and regulations of the Control Commission if such
license is granted.
[1]
Editor's Note: Article 14-G of the General Municipal Law was renumbered
to Article 14-H and slightly revised by L. 1962, c. 438. The section numbers
remain the same.
C.
In the event that any premises upon which any such game
of chance 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, persons or corporation, a written
statement shall accompany the application, signed and verified under oath
by such person or persons or executed and verified under oath on behalf of
such corporation, stating his or its address and the amount of rent which
will be paid for such premises and that such lessor or lessors, 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 crime.
A.
The Board of Trustees of the Village of West Carthage
shall, with due expedition after the filing of each application, cause an
investigation to be made of the qualifications of each applicant and the merits
of each application.
B.
If the Board of Trustees shall determine that the applicant
is duly qualified to be licensed under the provisions of Article 14-G of the
General Municipal Law[1] to hold and conduct games of chance under Article 14-G of the
General Municipal Law and the rules and regulations of the Control Commission
and the provisions of this chapter; that the member or members of the applicant
designated in the application to hold, operate and conduct the games of chance
which the license was applied for 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 of chance are to be held, operated and conducted in
accordance with the provisions of Article 14-G of the General Municipal Law
and in accordance with the rules and regulations of the Control Commission
and the provisions of this chapter; and that the proceeds thereof are to be
disposed of as provided by this chapter, and if the Board of Trustees 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 in this chapter otherwise provided, and that no prize will be offered and
given in excess of the sum or value of $250 in any single game of chance and
that the aggregate of all prizes offered or given in all such games of chance
held, operated and conducted on a single occasion under said license shall
not exceed the sum or value of $1,000, it shall issue a license to the applicant
for the holding, operation and conduct of the specific kinds of games of chance
applied for, accordingly, upon payment of a license fee or fees of $10 for
each occasion upon which any games of chance are to be conducted under such
license.
[1]
Editor's Note: Article 14-G of the General Municipal Law was renumbered
to Article 14-H and slightly revised by L. 1962, c. 438. The section numbers
remain the same.
C.
The license fee or fees are to be paid to the Village
Clerk of the Village of West Carthage, and on or before the 30th day of each
month the Treasurer of the Village of West Carthage shall transmit to the
State Comptroller a sum equal to 50% of all license fees collected by the
Village of West Carthage pursuant to this section during the preceding calendar
month.
D.
No license shall be issued under this chapter which shall
be effective for a period of more than one year.
Each license 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 kind of games of chance 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 of chance will be held, operated and conducted, of the number
of times or the hours during which such games of chance are authorized to
be conducted and the place or places where and the date or dates and time
or times when such games of chance are to be conducted and of the specific
purpose to which the entire net proceeds of such games of chance 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. Each license issued for the conduct of any game or games
of chance shall be conspicuously displayed at the place where same is to be
conducted at all times during the conduct thereof.
A.
No application for the issuance of a license shall be
denied by the Board of Trustees 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.
B.
Any license issued under this chapter may be amended,
upon application to the Board of Trustees, 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.
The Board of Trustees shall have and exercise control and supervision
over all games of chance held, operated or conducted under any license issued
pursuant to this chapter, to the end that the same are fairly held, operated
and conducted in accordance with the provisions of such license, the rules
and regulations promulgated by the Control Commission and the provisions of
Article 14-G of the General Municipal Law[1] governing the holding, operating and conduct of the same; and
the Board of Trustees and the Control Commission shall have the power and
the authority to suspend any license issued by the Board of Trustees and to
revoke the same, 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 such game of chance is being held,
operated and conducted or where it is intended that any such game of chance
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.
[1]
Editor's Note: Article 14-G of the General Municipal Law was renumbered
to Article 14-H and slightly revised by L. 1962, c. 438. The section numbers
remain the same.
No person shall hold, operate or conduct any game or games of chance under any license issued hereunder 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 or games of chance under such license except such 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 hereinafter provided, and no such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee, and no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any game of chance 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 purposes 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 § 30-4C hereof and § 480 of Article 14-G of the General Municipal Law[1] 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]
Editor's Note: Article 14-G of the General Municipal Law was renumbered
to Article 14-H and slightly revised by L. 1962, c. 438. The section numbers
remain the same.
Not more than $1 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 $1 shall be made for a single opportunity to participate in all
special games to be played under such license on such occasion. No prize greater
in amount or value than $250 shall be offered or given in any single game
conducted under any such license, and the aggregate amount or value of all
prizes offered or given in all games played on a single occasion shall not
exceed $1,000, 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.
No game of chance 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 newspaper,
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 the premises where the
game will be played and an additional sign may be displayed on 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 the Village of West
Carthage.
Within 15 days after the conclusion of the holding, operating and conducting
of any such game of chance, the authorized organization which held, operated
or conducted the same and its members who were in charge thereof shall furnish
to the Clerk of the Village of West Carthage 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 games 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 values
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 Board of Trustees 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 such license is issued so far as they may relate to any transactions
connected with the holding, operating and conducting of any game of chance
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 purposes of carrying out
the provisions of this chapter.
Any applicant for or holder of any license issued or to be issued under
this chapter, aggrieved by any action of the Board of Trustees of the Village
of West Carthage, its officers or agents concerning an application which has
been made or a license which has been issued, may appeal to the Control Commission
from the determination of the Board of Trustees by filing with the Board of
Trustees a written notice of appeal within 30 days after the determination
of the action appealed from, and upon the hearing of such appeal the evidence,
if any, taken before the Board of Trustees 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 Board of Trustees and all parties to said appeal.
No person or corporation lawfully conducting or participating in the
conduct of, or 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 or it of, any game of chance 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 130 of the Penal Law[1] or any other law or ordinance to the extent that such conduct
is specifically authorized by this chapter, but 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 of chance conducted
under any license known to him or it to have been obtained by any such false
pretense or statement.
[1]
Editor's Note: This reference refers to the 1909 Penal Law; see now
Article 225 of the Penal Law.
Any person, association or corporation who or which shall make any false
statement in any application for any such license or in any statement annexed
thereto or shall pay any rental for the use of any premises for holding, operating
or conducting any game of chance under this chapter 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 the General Municipal Law,
or shall pay or receive any sum for such rental in excess of the sum stated
as the rental to be charged therefor in such statement executed by him or
on its behalf, or 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 of chance under such 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 of chance
under any such license, or shall violate any of the provisions of this chapter
or of any term of such license, shall be guilty of a misdemeanor and shall
forfeit any license issued to it under this chapter and be ineligible to apply
for a license under this chapter for one year thereafter.
This chapter may be amended from time to time or repealed by the Board
of Trustees, and such amendment or repeal, as the case may be, may be made
effective and operative not earlier than 30 days following the date of the
enactment of the ordinance effecting such amendment or repeal, as the case
may be; and the approval of a majority of the electors of the Village of West
Carthage shall not be a condition prerequisite to the taking effect of such
ordinance.
The Board of Trustees of the Village of West Carthage shall have the
right to delegate to an officer or officers thereof designated by it for that
purpose any of the authority granted to it by the provisions of Article 14-G of the General Municipal Law[1] 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.
[1]
Editor's Note: Article 14-G of the General Municipal Law was renumbered
to Article 14-H and slightly revised by L. 1962, c. 438. The section numbers
remain the same.
The provisions of Article 14-G of the General Municipal Law[1] and of this chapter shall remain inoperative in the Village of
West Carthage unless and until a proposition therefor is submitted at a special
election to be held in the Village of West Carthage on Tuesday, April 15,
1958, and shall be approved by a vote of the majority of the qualified electors
in the Village of West Carthage voting thereon. In the event that this proposition
shall be approved, this chapter shall take effect immediately.
[1]
Editor's Note: Article 14-G of the General Municipal Law was renumbered
to Article 14-H and slightly revised by L. 1962, c. 438. The section numbers
remain the same.
