[HISTORY: Adopted by the Town Board of the
Town of Rockland 10-18-1984 (Ch.
14 of the 1984 Code).[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter is derived from
L.L. No. 1-1980 which was approved by the electorate on 1-22-1980.
This chapter shall be known as the "Games of
Chance Law of the Town of Rockland, New York."
This chapter is intended to authorize and provide
for the conduct of games of chance under the Games of Chance Licensing
Law as provided in §§ 185 through 195-n of Article
9-A of the General Municipal Law for 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. This chapter is also intended to establish appropriate
safeguards to prevent the commercialization of such games of chance.
A.
AUTHORIZED ORGANIZATION
CLERK
GAMES OF CHANCE
TOWN
As used in this chapter, the following terms shall
have the meanings indicated:
An authorized organization as defined in Subdivision 4 of
§ 186 of the General Municipal Law.
The Town Clerk of the Town of Rockland in Sullivan County,
New York.
A game of chance as defined in Subdivision 3 of § 186
of the General Municipal Law.
The Town of Rockland.
B.
All other terms defined in § 186 of the
General Municipal Law as used in this chapter.
From and after the effective date of this chapter,
as hereinafter provided, it shall be lawful for any authorized organization,
upon obtaining a license therefor as hereinafter provided, to conduct
games of chance within the territorial limits of the Town of Rockland,
subject to the provisions of this chapter, Article 9-A of the General
Municipal Law of the State of New York, and Rules and Regulations
promulgated by the New York State Racing and Wagering Board, as the
same may be amended from time to time.
A.
To conduct games of chance.
(1)
Each applicant for a license shall, after obtaining
an identification number from the Board, file with the Town Clerk
a written application therefor in a form to be prescribed by the Board,
duly executed and verified, in which shall be stated:
(a)
The name and address of the applicant together
with sufficient facts relating to its incorporation and organization
to enable the Town Clerk to determine whether or not it is a bona
fide authorized organization;
(b)
The names and addresses of its officers; the
place or places where, the date or dates and the time or times when
the applicant intends to conduct games under the license applied for;
(c)
The amount of rent to be paid or other consideration
to be given directly or indirectly for each licensed period for use
of the premises of an authorized games of chance lessor;
(d)
All other 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 purposes for which, they are to be paid;
(e)
The purposes to which the entire net proceeds
of such games are to be devoted and in what manner; that no commission,
salary, compensation, reward or recompense will be paid to any person
for conducting such game or games or for assisting therein except
as in this chapter otherwise provided; and such other information
as shall be prescribed by such rules and regulations;
(f)
The name of each single type of game of chance
to be conducted under the license applied for the number of merchandise
wheels, if any, to be operated.
(2)
In each application there shall be designated not
less than four bona fide members of the applicant organization under
whom the game or games of chance will be managed and to the application
shall be appended a statement executed by the members so designated,
that they will be responsible for the management of such games in
accordance with the terms of the license, the rules and regulations
of the Board, Article 9-A of the General Municipal Law and this chapter.
B.
Authorized games of chance lessor. Each applicant
for a license to lease premises to a licensed organization for the
purposes of conducting games of chance therein shall file with the
Town Clerk a written application therefor in a form to be prescribed
by the Board duly executed and verified, which shall set forth the
name and address of the applicant; designation and address of the
premises intended to be covered by the license sought; a statement
that the applicant in all respects conforms with the specifications
contained in the definition of "authorized organization" set forth
in this chapter, a statement of the lawful purposes to which the net
proceeds from any rental are to be devoted by the applicant, and such
other information as shall be prescribed by the Board.
A.
The Town Clerk shall make an investigation of the
qualifications of each applicant and the merits of each application,
with due expedition after the filing of the application.
(1)
Issuance of licenses to conduct games of chance. If
the Town Clerk shall determine that the applicant is duly qualified
to be licensed to conduct games of chance under this chapter; that
the member or members of the applicant designated in the application
to manage 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, a certificate
of good conduct or a certificate of relief from disabilities; that
such games are to be conducted in accordance with the provisions of
this chapter and Article 9-A of the General Municipal Law and in accordance
with the rules and regulations of the Board and this chapter and that
the proceeds thereof are to be disposed of as provided by this chapter,
and if the Town Clerk is satisfied that no commission, salary, compensation,
reward or recompense whatever will be paid or given to any person
managing, operating or assisting therein except as in this chapter
otherwise provided; and the Town Clerk shall issue a license to the
applicant for the conduct of games of chance upon payment of a license
fee of $25 for each license period.
(2)
Issuance of licenses to authorized games of chance
lessors. If the Town Clerk shall determine that the applicant seeking
to lease premises for the conduct of games of chance to a games of
chance licensee is duly qualified to be licensed under this chapter;
that the applicant satisfies the requirements for an authorized organization
as defined in this chapter, that the applicant has filed its proposed
rent for each license period and that the Town Clerk has approved
the proposed rent as fair and reasonable, that the net proceeds from
any rental will be devoted to the lawful purposes of the applicant;
that there is no diversion of the funds of the proposed lessee from
the lawful purposes as defined in this chapter, and that such leasing
of premises for the conduct of such games is to be in accordance with
the provisions of Article 9-A of the General Municipal Law with the
rules and regulations of the Board and this chapter, it shall issue
a license permitting the applicant to lease said premises for the
conduct of such games to the games of chance licensee or licensees
specified in the application during the period therein specified or
such shorter period as the Town Clerk shall determine, but not to
exceed 12 license periods during a calendar year, upon payment of
a license fee of $50. Nothing herein shall be construed to require
the applicant to be licensed under this chapter to conduct games of
chance.
B.
On or before the 30th day of each month, the Supervisor
of the Town of Rockland shall transmit to the State Comptroller a
sum equal to 50% of all authorized games of chance lessor license
fees and the sum of $15 per license period for the conduct of games
of chance collected by the Town Clerk pursuant to this section during
the preceding calendar month.
C.
No license shall be issued under this section which
shall be effective for a period of more than one year.
A.
No application for the issuance of a license to conduct
games of chance or lease premises to an authorized organization shall
be denied by the Town 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 Town 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.
A.
Each license to conduct games of chance shall be in
such form as shall be prescribed in the rules and regulations promulgated
by the Board, and shall contain a statement of the name and address
of the licensee, of the names and addresses of the members of the
licensee under whom the games will be managed, of the place or places
where and the date or dates and time or times when such games are
to be conducted and of the purposes to which the entire net proceeds
of such games are to be devoted, the name of each single type of game
to be conducted under the license and the number of merchandise wheels,
if any, to be operated; 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 games shall be conspicuously displayed
at the place where same is to be conducted at all times during the
conduct thereof.
B.
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 Board and shall contain a statement of the
name and address of the licensee and the address of the leased premises,
the amount of permissible rent and any information which may be required
by said rules and regulations to be contained therein, and each such
license shall be conspicuously displayed upon such premises at all
times during the conduct of games of chance.
A.
The Town Clerk 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 Board and the provisions of this chapter
and the Town Clerk and the Board shall have the power and the authority
to temporarily suspend any license issued by the Town Clerk pending
a hearing and after notice and hearing, the Town Clerk 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 appropriate officer or department shall make an on site inspection
during the conduct of all games of chance licensed pursuant to Article
9-A of the General Municipal Law.
B.
Service of alcoholic beverages. Subject to the applicable
provisions of the Alcoholic Beverage Control Law, beer may be offered
for sale during the conduct of games of chance on games of chance
premises as such premises are defined in this chapter; provided, however,
that nothing herein shall be construed to limit the offering for sale
of any other alcoholic beverage in areas other than the games of chance
premises.
As provided in § 195-b of the General
Municipal Law, upon proper showing of a need therefor, games of chance
may be conducted under any license issued under this chapter on the
first day of the week, commonly known and designated as Sunday but
only between the hours of 12:00 noon and 12:00 midnight and provided
such authorization is included in the license. Notwithstanding the
foregoing provisions of this section, no games of chance shall be
conducted on Easter Sunday, Christmas Day or New Year's Eve.
No person under the age of 18 years shall be
permitted to play any game of chance conducted pursuant to any license
issued under this chapter. Persons under the age of 18 years may be
permitted to attend games of chance at the discretion of the games
of chance licensee. No person under the age of 18 years shall be permitted
to operate any game of chance conducted pursuant to any license issued
under this chapter or to assist therein.
No game or games of chance shall be conducted
under any license issued under this chapter more often than 12 times
in any calendar year. No particular premises shall be used for the
conduct of games of chance on more than 24 license periods during
any one calendar year. Games shall be conducted only between the hours
of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and
Thursday, and 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 periods shall also apply
to a legal holiday.
No person shall operate any game of chance under
any license issued under this chapter except a bona fide member of
the authorized organization to which the license is issued, or a bona
fide member of an organization or association which is an auxiliary
to the licensee or a bona fide member of an organization or association
of which such licensee is an auxiliary or a bona fide member of an
organization or association which is affiliated with the licensee
by being, with it, auxiliary to another organization or association.
Nothing herein shall be construed to limit the number of games of
chance licensees for whom such persons may operate games of chance
nor to prevent nonmembers from assisting the licensee in any activity
other than managing or operating games. No game of chance shall be
conducted with any equipment except such as shall be owned or leased
by the authorized organization so licensed or used without payment
of any compensation therefor by the licensee. The head or heads of
the authorized organization shall upon request certify, under oath,
that the persons operating any game of chance are bona fide members
of such authorized organization, auxiliary or affiliated organization.
Upon request by an officer or the department any such person involved
in such games of chance shall certify that he or she has no criminal
record. No items of expense shall be incurred or paid in connection
with the conducting of any game of chance pursuant to any license
issued under this chapter except those that are reasonable and are
necessarily expended for games of chance supplies and equipment, prizes,
security personnel, stated rental if any, bookkeeping or accounting
services according to a schedule of compensation prescribed by the
Board, janitorial services and utility supplies if any, and license
fees, and the cost of bus transportation, if authorized by the Town
Clerk or department.
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 chapter. The
Town Clerk in his or her discretion may fix a minimum fee. Every winner
shall be determined and every prize shall be awarded and delivered
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
game of chance.
No game of chance conducted or to be conducted
hereunder 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,
or transportation facilities to be provided to such game, by means
of radio, television or sound trucks, billboards or any other means
addressed to the general public, except newspapers, circulars, handbills
and posters and one sign not exceeding 60 square feet in area 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 such sign may be displayed on or adjacent to
the premises in which the games are to be conducted. Additional signs
may be displayed upon any fire fighting equipment belonging to any
licensed authorized organization which is a volunteer fire company,
or upon any equipment of a first aid or rescue squad in and throughout
the community served by such volunteer fire company or such first
aid or rescue squad, as the case may be. All advertisements shall
be limited to the description of such event as "Games of chance" or
"Las Vegas Night," the name of the authorized organization conducting
such games, the license number of the authorized organization as assigned
by the Town Clerk and date, location and time of the event.
A.
Within seven days after the conclusion of any license
period, the authorized organization which conducted the same, and
its members who were in charge thereof, and when applicable the authorized
games of chance lessor which rented its premises therefor, shall each
furnish to the Town Clerk a statement subscribed by the member in
charge and affirmed by him or her as true, under the penalties of
perjury, showing the amount of the gross receipts derived therefrom
and each item of expense incurred, or paid, and each item of expenditure
made or to be made other than prizes, the name and address of each
person to whom each such item of expense has been paid, or is to be
paid, with a detailed description of the merchandise purchased or
the services rendered therefor, the net proceeds derived from the
conduct of games of chance during such license period, and 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, and
it shall be the duty of each licensee to maintain and keep such books
and records as may be necessary to substantiate the particulars of
each such statement.
B.
Upon the filing of such statement of receipts, the
authorized organization furnishing the same shall pay to the Town
Clerk as and for an additional license fee a sum based upon the reported
net proceeds, if any, for the license period covered by such statement
and determined in accordance with such schedule as shall be established
from time to time by the Board to defray the actual cost to municipalities
or counties of administering the provisions of Article 9-A of the
General Municipal Law, but such additional license fee shall not exceed
5% of the net proceeds for such license period.
A.
The Town Clerk and the Board shall have the power
to examine or cause to be examined the books and records of:
(1)
Any authorized organization which is or has been licensed
to conduct games of chance, so far as they may relate to games of
chance, including the maintenance, control and disposition of net
proceeds derived from games of chance or from the use of its premises
for games of chance, and to examine any manager, officer, director,
agent, member or employee thereof under oath in relation to the conduct
of any such game under any such license, the use of its premises for
games of chance, or the disposition of net proceeds derived from games
of chance, as the case may be.
(2)
Any authorized games of chance lessor so far as they
may relate to leasing premises for games of chance and to examine
said lessor or any manager, officer, director, agent or employee thereof
under oath in relation to such leasing.
B.
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 and Article 9-A of the General Municipal
Law.
Any applicant for, or holder of any license
issued or to be issued hereunder aggrieved by any action of the Town
Clerk, to which such application has been made or by which such license
has been issued, may appeal to the Board from the determination of
the Town Clerk by filing with the Town Clerk a written notice of appeal
within 30 days after the determination or action appealed from, and
upon hearing of such appeal, the evidence, if any, taken before the
Clerk 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 Board upon said appeal shall be binding upon the Clerk and
all parties to said appeal.
No person, firm, partnership, corporation or
organization lawfully conducting or participating in the conduct of
games of chance or permitting the conduct upon any premises owned
or leased by him or her or it under any license lawfully issued pursuant
to this chapter, shall be liable to prosecution or conviction for
violation of any provisions of §§ 225.00 to 225.40
of the Penal Law 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 games of chance under any license
obtained by any false pretense or by any false statement made in any
application for license or otherwise, or permitting the conduct upon
any premises owned or leased by him or her or it of any game of chance
conducted under any license known to him or her or it to have been
obtained by any such false pretense or statement.
Any person, firm, partnership, corporation or
organization who or which shall: make any material false statement
in any application for any license authorized to be issued under this
chapter; pay or receive, for the use of any premises for conducting
games of chance, a rental in excess of the amount specified as permissible
rent in the license provided for in Subdivision 2 of § 193
of the General Municipal Law; 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;
divert or pay any portion of the net proceeds of any games of chance
to any person, firm, partnership or corporation, except in furtherance
of one or more of the lawful purposes defined herein; shall be guilty
of a misdemeanor and shall forfeit any license issued under this chapter
and be ineligible to apply for a license under this chapter for at
least one year thereafter.
Any person, firm, partnership or corporation
or organization holding, operating, or conducting a game or games
of chance is guilty of a misdemeanor, except when operating, holding
or conducting:
A.
In accordance with a valid license issued pursuant
hereto;
B.
On behalf of a bona fide organization of persons 60
years of age or over, commonly referred to as senior citizens, solely
for the purpose of amusement and recreation of its members where:
(1)
The organization has applied for and received an identification
number from the Board;
(2)
No player or other person furnishes anything of value
for the opportunity to participate;
(3)
The prizes awarded or to be awarded are nominal;
(4)
No person other than a bona fide active member of
the organization participates in the conduct of the games; and
(5)
No person is paid for conducting or assisting in the
conduct of the game or games.
This chapter may be amended from time to time
or repealed by the Town Board pursuant to § 195-m of the
General Municipal Law.
This chapter shall take effect immediately after
final passage, public hearing and approval of the Town Board, Town
of Rockland, Sullivan County, New York, as provided by law and submission
of same at a General or Special election to the voters of this municipality
and the approval thereof by a majority of the qualified electorate
of this municipality voting thereon.
