[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy 6-12-1958.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of LeRoy
Bingo Licensing Ordinance."
As used in 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.
Chapter 854 of the Laws of the State of New York of 1957.[1]
[1]
Editor's Note: The Bingo Ordinance was amended 3-26-1963 by an
ordinance which contained the following recital of purpose: "The purpose of
this local ordinance is to amend a local ordinance adopted June 12, 1958 by
the Village of LeRoy, of Genesee County, New York, authorizing the conduct
of bingo in such village, to change the reference in such local ordinance
from Article 14-G of the General Municipal Law to Article 14-H of the General
Municipal Law, as so renumbered by Chapter 438 of the Laws of 1962, and to
set forth therein the following additional amended and renumbered restrictions
concerning the conduct of the game of bingo by an authorized organization
in such village as required by Section 479 of the General Municipal Law of
the State of New York as amended by Chapter 438 of the Laws of 1962."
[Amended 3-26-1963]
The conduct of bingo games authorized by this chapter shall be subject
to the following restrictions:
A.
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.
B.
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.
C.
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.
D.
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.
E.
No prize shall exceed the sum or value of $250 in any
single game of bingo.
F.
No series of prizes on any one bingo occasion shall aggregate
more than $1,000.
G.
No person except a bona fide member of any such organization
shall participate in the management or operation of such game.
H.
No person shall receive any remuneration for participating
in the management or operation of any game of bingo.
I.
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.
[1]
Editor's Note: The restrictions upon the conduct of bingo games
were renumbered and amended in their entirety by an ordinance adopted 3-26-1963,
and the remaining provisions of the Bingo Ordinance, adopted 6-12-1958, may
be affected by this amendment.
A.
Each applicant for a license shall file with the Village
Clerk a written application therefor in the form prescribed in the rules and
regulations of the Control Commission, duly executed and verified, in which
shall be stated the name and address of the applicant, together with sufficient
facts relating to its incorporation and organization to enable the Village
Clerk to determine whether or not it is a bona fide authorized organization;
the names and addresses of its officers; the specific kinds of games of chance
intended to be held, operated and conducted by the applicant, and the place
or places where, the date or dates and the time or times when such games of
chance are intended to be held, operated and conducted by the applicant under
the license applied for; the items of expense intended to be incurred or paid
in connection with the holding, operating and conducting of such games of
chance, and the names and addresses of the persons to whom, and the purpose
for which, they are to be paid; the specific purposes to which the entire
net proceeds of such games of chance are to be devoted and in what manner;
that no commission, salary, compensation, reward or recompense will be paid
to any person for holding, operating or conducting such game or games of chance
or for assisting therein, except as in this chapter otherwise provided; and
that no prize or aggregate of prizes will be offered or given under such license
of a value in excess of the sum or value authorized to be offered or given
by this chapter, and a description of all prizes to be offered and given in
all such games of chance to be held, operated and conducted under such license,
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 game of chance in accordance
with the terms of the license and the provisions of the rules and regulations
governing the holding, operation and conduct of such games of chance and of
this chapter, if such license is granted.
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 Village Clerk shall make or cause to be made an investigation
of the qualifications of each applicant and the merits of each application,
with due expedition after the filing of the application, and if he shall determine
that the applicant is duly qualified to be licensed under this chapter to
hold, operate and conduct games of chance under the provisions of this chapter
and the rules and regulations governing the holding, operation and conduct
thereof in the village; that the member or members of the applicant designated
in the application to hold, operate or conduct the games of chance, to hold,
operate and conduct which the license was applied for, are bona fide active
members of the applicant, 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 this chapter and in accordance
with the rules and regulations governing the holding, operation and conduct
thereof, and that the proceeds thereof are to be disposed of as provided by
this chapter, and if the Village Clerk 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 and given in all of 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, he 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.
B.
On or before the thirtieth day of each month, the Village
Clerk shall transmit to the State Comptroller a sum equal to 50% of all license
fees collected by the village pursuant to this section during the preceding
calendar month.
C.
No license for the holding, operation and conduct of
any game or games of chance shall be issued under this chapter which shall
be effective for a period of more than one year.
A.
No application for the issuance of a license shall be
denied by the Village 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.
B.
Any license issued under this chapter may be amended
upon application made to the Village Clerk, 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 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
purposes 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, and 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.
The Board of Trustees shall have and exercise control and supervision
over all games of chance held, operated or conducted under such license, 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 this chapter governing the
holding, operation 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 Village Clerk and to revoke the same, after notice and
hearing, for violation of any such provision, and the Board of Trustees or
any village officer or village officers designated by it shall have the right
of entry 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 in the conduct thereof is found, for the purpose of inspecting the same.[1]
[1]
Editor's Note: Former § 9, dealing with Sunday games,
which immediately followed this section, was deleted 2-23-1976.
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 under this chapter, unless accompanied by an adult.
No game or games of chance shall be held, operated or conducted under
any license issued under this chapter more often than on six days in any one
calendar month or in any room or outdoor area where alcoholic beverages are
sold or served during the progress of the game or games.
No person shall hold, operate or conduct any game or games of chance under any license issued under this chapter 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 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 § 68-4 of this chapter, 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 accountants' services rendered according to a schedule of compensation prescribed by the rules of the Control Commission.
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 days 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 newspapers,
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 or adjacent to the premises
where the game will be played and an additional sign may be displayed on or
adjacent to 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 and throughout
the community or communities served by such volunteer fire company or such
first-aid or rescue squad, as the case may be.
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 Village Clerk 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 game 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 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 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 purpose 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 Village Clerk to whom such application
has been made or by whom such license has been issued, or by any action of
the Board of Trustees, may appeal to the Control Commission from the determination
of said Village Clerk or the Board of Trustees by filing with the Village
Clerk or the Board of Trustees, as the case may be, a 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 Clerk
or 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
said Village Clerk or the Board of Trustees and all parties to said appeal.
No person or corporation lawfully conducting or participating in the
conduct of, 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 for
violation of any provision of Article 130 of the Penal Law or any other law
or chapter to the extent that such conduct is specifically authorized by this
ordinance, 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.
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 § 68-4 of this chapter, 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 any 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.
The provisions of this chapter shall remain inoperative in this village
unless and until a proposition therefor submitted at an annual or a special
election in this village shall be approved by a vote of the majority of the
qualified electors in this village voting thereon.
[1]
Editor's Note: The Bingo Ordinance was approved by the electors
of the Village of LeRoy at a referendum held 6-30-1958.
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 enactment
of the ordinance effecting such amendment or repeal, as the case may be; and
the approval of the majority of the electors of this village shall not be
a condition prerequisite to taking effect of such chapter.
In the event that any provisions of this chapter or any amendment thereto
conflict with state law or any amendment thereto, then the applicable provisions
of state law shall prevail except to the extent that this chapter or any amendment
thereto includes provisions imposing restrictions upon the conduct of such
games in addition to the restrictions of state law.
