[HISTORY: Adopted by the Town Board of the
Town of New Castle 4-10-2007 by L.L. No. 6-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law passed
mandatory referendum 5-9-2007. This local law also provided that it
was adopted pursuant to the authority granted by Subdivision 1(d)(3)
of Municipal Home Rule Law § 10 and General Municipal Law
§§ 187 and 188, and that it shall supersede any provision
of New York State law which is inconsistent with it.
This chapter shall be known as the "Games of
Chance Law."
Except as may be specifically provided otherwise,
this chapter shall be deemed to include all of the provisions of General
Municipal Law Article 9-A and any amendment thereto to the extent
that such provisions and amendments are otherwise applicable to games
of chance authorized under this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
An authorized organization as defined in Subdivision 4 of
General Municipal Law § 186.
A game of chance as defined in Subdivision 3 of General Municipal
Law § 186.
An authorized organization licensed by the Town to conduct
games of chance under this chapter.
A period of time running from January 1 to December 31 of
each year in the case of raffles and bell jars, and a period of time
not to exceed 14 consecutive hours for all other games of chance,
all as provided in Subdivision 15 of General Municipal Law § 186.
The New York State Racing and Wagering Board.
The Town of New Castle, New York.
An authorized organization may obtain a license
from the Town Clerk and conduct games of chance within the Town in
accordance with the New York State law, the rules and regulations
of the State Board, this chapter, and all other applicable federal,
state, and local laws.
B.
Administration fee. Any authorized organization required
to file a statement of receipts and expenses pursuant to Subdivision
1 or Subdivision 2 of General Municipal Law § 195-f shall
pay to the Town Clerk an additional license fee based upon the reported
net proceeds, if any, for the license period or, in the case of a
raffle, for the occasion covered by such statement and determined
in accordance with such schedule as shall be established from time
to time by the State Board in accordance with General Municipal Law § 195-f.
The conduct of games of chance authorized by
this chapter shall be subject to the restrictions set forth in General
Municipal Law § 189:
A.
No person, partnership, company, corporation, organization,
or entity other than a licensee under the provisions of General Municipal
Law § 191 shall conduct such game or shall lease or otherwise
make available for conducting games of chance premises for any consideration
whatsoever, directly or indirectly.
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 such game.
C.
No licensee shall purchase or receive any supplies
or equipment specifically designed or adapted for use in the conduct
of games of chance from other than a supplier licensed by the State
Board.
D.
The entire net proceeds of any game of chance shall
be exclusively devoted to the lawful purposes of the licensee conducting
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.
In addition to merchandise wheels, raffles, and bell
jars, no more than five other single types of games of chance shall
be conducted during any one license period.
F.
The limitation on the sum or value for any single
prize awarded or 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.
G.
Except for the limitations on the sum or value for
single prizes and series of prizes, no limit shall be imposed on the
sum or value of prizes awarded to any one participant during any occasion
or any license period.
H.
No person except a bona fide member of the licensed
authorized organization shall participate in the management of such
games; no person except a bona fide member of the licensed authorized
organization or its auxiliary or affiliated organization shall participate
in the operation of such game, as set forth in General Municipal Law
§ 195-c1.
I.
No person shall receive any remuneration for participating
in the management or operation of any such game.
J.
No authorized organization shall extend credit 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. Nothing herein shall prohibit the sale of raffle
tickets to the public outside the premises of an authorized organization
or an authorized games of chance lessor; provided, however, that no
sale of raffle tickets shall be made more than 180 days prior to the
date scheduled for the occasion at which the raffle will be conducted.
The winner of any single prize in a raffle shall not be required to
be present at the time such raffle is conducted.
L.
The unauthorized conduct of a game of chance shall
constitute and be punishable as a misdemeanor.
Games of chance may be conducted on any day
other than Easter Sunday, Christmas Day, and New Year's Eve.
The Town's Chief of Police shall exercise
control and supervision over all games of chance conducted by a licensee
to the end that they are fairly conducted in accordance with the license
therefor, the rules and regulations of the State Board, and the provisions
of General Municipal Law Article 9-A, and the Chief shall have all
of the powers and duties set forth in General Municipal Law Article
9-A.
