[HISTORY: Adopted by the Town Board of the Town of Pompey 3-27-1978 by L.L. No. 2-1978. Amendments noted where applicable.]
[Amended 12-4-1995 by L.L. No. 5-1995]
This chapter shall be known as the "Town of Pompey Local Law Regulating the Conduct of Games of Chance by Certain Organizations."
It is the purpose of this chapter to promote the health, safety and general welfare of the inhabitants of the Town of Pompey by permitting and regulating the conduct of games of chance by certain organizations within the territorial limits of the Town of Pompey.
As used in this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED GAMES OF CHANCE LESSOR
- An authorized organization which has been granted a lessor's license pursuant to the provisions of this chapter or the Town Board of the Town of Pompey.
- AUTHORIZED ORGANIZATION
- Includes any bona fide religious or charitable organization or bona fide educational or service organization or bona fide organization of veterans or volunteer firemen which, by its charter, certificate of incorporation, constitution or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in this chapter, provided that each shall operate without profit to its members and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this chapter for a period of three years immediately prior to applying for a license under this chapter. No organization shall be deemed an "authorized organization" which is formed primarily for the purpose of conducting games of chance and the distribution of the proceeds thereof to itself or any other organization and which does not devote at least 75% of its activities to other purposes set forth in this definition. No political party shall be deemed an "authorized organization."
- AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
- Any person, firm, partnership or organization licensed by
the New York State Racing and Wagering Board to sell or lease games
of chance equipment or paraphernalia which meets the specifications
and regulations established by the New York State Racing and Wagering
Board. Nothing herein shall prevent an authorized organization from
purchasing common articles, such as cards and dice, from normal sources
of supply of such articles or from constructing equipment and paraphernalia
for games of chance for its own use. However, no such equipment or
paraphernalia constructed by an authorized organization shall be sold
or leased to any other authorized organization without written permission
from the New York State Racing and Wagering Board.[Amended 12-4-1995 by L.L. No. 5-1995]
- The Town Clerk of the Town of Pompey.
- GAMES OF CHANCE
- Includes specific games of chance in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but not including games commonly known as "bingo" or "lotto" which are controlled under Article 14-H of the General Municipal Law of the State of New York and also not including slot machines, bookmaking and policy or numbers games as defined in § 225.00 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.
- LAWFUL PURPOSES
- One or more of the following causes, deeds or activities:
- A. Those which shall benefit needy or deserving persons indefinite in number by enhancing their opportunity for religious or educational advancement, by relieving them from disease, suffering or distress or by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens or by increasing their comprehension of and devotion to the principles upon which this nation was founded and enhancing their loyalty to their governments.
- B. Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.
- C. Those which shall otherwise lessen the burdens borne by government or which are voluntarily undertaken by an authorized organization to augment or supplement services which government would normally render to the people.
- D. Those which shall initiate, perform or foster the provisions of services to veterans by encouraging the gathering of such veterans and shall enable or further the erection or maintenance of facilities for use by such veterans which shall be used primarily for charitable or patriotic purposes; provided, however, that such proceeds are disbursed pursuant to § 189 of the General Municipal Law.[Added 12-4-1995 by L.L. No. 5-1995]
- LICENSED PERIOD
- A period of time not to exceed 14 consecutive hours.
- NET LEASE
- A written agreement between a lessor and lessee under the terms of which the lessee is entitled to the possession, use or occupancy of the whole or part of any premises from any noncommercial or nonprofit organization for which the lessee pays rent to the lessor and likewise undertakes to pay substantially all of the regularly recurring expenses incident to the operation and maintenance of such leased premises.
- NET PROCEEDS
- In relation to the gross receipts from one or more occasions
of games of chance, the amount that shall remain after deducting the
reasonable sums necessarily and actually expended for supplies and
equipment, prizes, stated rental, if any, bookkeeping or accounting
services according to a schedule of compensation prescribed by the
New York State Racing and Wagering Board, janitorial services and
utility supplies, if any, license fees and the cost of bus transportation,
if authorized by the Clerk, and, in relation to the gross rent received
by an organization licensed to conduct such games for the use of its
premises by another licensee, the amount that shall remain after deducting
the reasonable sums necessarily and actually expended for janitorial
services and utility supplies directly attributable thereto, if any.[Amended 12-4-1995 by L.L. No. 5-1995]
- The chief law enforcement officer of the County of Onondaga.
- ONE OCCASION
- The successive operations of any one single type of game
of chance which results in the awarding of a series of prizes amounting
to $500, or $400 during any one license period, in accordance with
the provisions of Subdivision 8 of § 189 of the General
Municipal Law, as the case may be. For purposes of the game of chance
known as a "merchandise wheel" or a "raffle," "one occasion" shall
mean the successive operations of any one such merchandise wheel or
raffle for which the limit on a series of prizes provided by Subdivision
6 of § 189 of the General Municipal Law shall apply. For
purposes of the game of chance known as a "bell jar," "one occasion"
shall mean the successive operation of any one such bell jar which
results in the awarding of a series of prizes amounting to $3,000.[Amended 12-4-1995 by L.L. No. 5-1995]
- A sum of money or item or merchandise awarded by the authorized
organization to a participant in any one operation or conducting of
a game of chance in which participants utilize currency for participation
and in which those who are not winners surrender their participating
currency at the conclusion of the single operation of such game of
chance. No prize for any one participant in any one operation or conducting
of such single game of chance shall exceed the sum of $300. If a prize
is awarded based on odds, only that portion in excess of the winning
participant's bet shall be considered as a "prize." For the purposes
of this definition, the value of a prize which consists of merchandise
shall be the actual cost of the item of such merchandise.[Amended 12-4-1995 by L.L. No. 5-1995]
The Town Board of the Town of Pompey hereby determines that 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 such municipality, subject to the provisions of this chapter, the provisions of Article 9-A of the General Municipal Law of the State of New York and any rules and regulations which may be adopted by the Town Board of the Town of Pompey by resolution.
This chapter shall not become operative or effective unless and until it shall be approved by a majority of the electors voting upon a proposition submitted at a special election to be held within the Town of Pompey, which voters are qualified to vote for officers of the Town of Pompey.
Editor's Note: This chapter passed at referendum on May 31, 1978.
The administration of games of chance and conduct of such games of chance shall be subject to the power and authority of the New York State Racing and Wagering Board, as provided in § 188-a of Article 9-A of the General Municipal Law of the State of New York.
The conduct of the games of chance in the Town of Pompey shall be subject to the restrictions as set forth in § 189 of Article 9-A of the General Municipal Law of the State of New York.
Any applicant desiring a license to conduct a game of chance in the Town of Pompey shall apply for such license pursuant to the forms required and the regulations determined by the New York State Racing and Wagering Board as set forth in § 190 of Article 9-A of the General Municipal Law of the State of New York.
The Town Clerk of the Town of Pompey shall cause an investigation to be made of the qualifications of each applicant and the merits of each application pursuant to § 191 of Article 9-A of the General Municipal Law of the State of New York. All actions pursuant to § 191 shall be in accordance with requirements of state law.
Any matters involving questions of denial of a license, amendment of a license, the form and contents of a license, the display of a license, the control and supervision of licenses, the suspension of licenses, the inspection of premises and all other matters relating to the administrative acts involved in the licensing of games of chance shall be subject to the applicable sections of Article 9-A of the General Municipal Law of the State of New York.
The Town of Pompey specifically authorizes licenses to be issued for the conduct of games of chance on Sunday, pursuant to the exceptions set forth in § 195 of Article 9-A of the General Municipal Law of the State of New York.
Pursuant to § 195-a of Article 9-A of the General Municipal Law of the State of New York, no persons under the age of 18 years shall be permitted to play any game or games of chance conducted pursuant to any license issued pursuant to this chapter. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of chance conducted pursuant to any license issued under this chapter.
The frequency of any games of chance conducted in the Town of Pompey shall be subject to § 195-b of Article 9-A of the General Municipal Law of the State of New York.
All persons operating and conducting games, all equipment used, all expenses involved in the conduct of such games and any compensation paid for the operation and conducting of games shall be subject to the provisions of § 195-c of Article 9-A of the General Municipal Law of the State of New York.
All other matters involving the conduct and operation of such games of chance, including the charge for admission and participation, the amount of prizes, the awarding of prizes, the advertising of games, the statement of receipts, expenses and additional license fees, examination of books and records, examination of officers and employees and the disclosure of all information, appeals from any decisions of an officer, Clerk or department to the State Board of Racing and Wagering and all matters involving prosecution, offenses, forfeitures of license, eligibility to apply for licenses and any questions relating to the unlawful games of chance shall be subject to the applicable provisions of Article 9-A of the General Municipal Law of the State of New York.