[HISTORY: Adopted by the Town Board of the Town of Wawayanda 9-20-1995 by L.L. No. 4-1996. Amendments noted where applicable.]
Bingo and lotto — See Ch. 49.
This chapter is enacted pursuant to the authority of Article 9-A of the General Municipal Law of the State of New York and shall be known as the "Games of Chance Licensing Law of the Town of Wawayanda."
The words and terms used in this chapter shall have the same meanings as such words and terms used in Article 9-A, § 186, of the General Municipal Law.
Those games defined in Subdivision 3 of § 186 of the General Municipal Law shall be permitted in the Town of Wawayanda.
This chapter shall be administered pursuant to the provisions of Article 9-A of the General Municipal Law as set forth therein, which designates the New York Racing and Wagering Board as the general supervisory authority governing the issuance of licenses by the Town Clerk for games of chance, including conducting investigations, reviewing determinations by the Town Clerk, suspending or revoking a license, hearing appeals from the determinations and actions of the Town Clerk, issuing identification numbers to applicants and setting standards for games of chance equipment.
No person or entity except a licensee shall conduct games of chance or lease premises or make any premises otherwise available for such purposes, with or without consideration.
No game of chance shall be held on leased premises if the rent is to be paid, in whole or in part, on the basis of a percentage of the receipts or net profits derived from the game.
No authorized organization licensee shall receive or purchase supplies or equipment specifically designed or adapted for games of chance except from a supplier licensed by the New York State Racing and Wagering Board or from another licensee.
The entire net proceeds of any game of chance shall be exclusively devoted to the lawful purposes of the organization permitted to conduct 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.
No single prize awarded by games of chance other than raffle shall exceed the sum or value of $300, except that, for merchandise wheels, no single prize shall exceed the sum of $250. No single prize awarded by raffle shall exceed the sum or value of $50,000, except that an authorized licensee organization may award by raffle a single prize having a value of up to and including $100,000 if its application for a license includes a statement of intent to award a prize having such value. No single wager shall exceed $6; and, for bell jars, no single prize shall exceed $500; provided, however, that such limitation shall not apply to the amount of money or value paid by the participant in a raffle in return for a ticket or other receipt.
No authorized licensee organization shall award a series of prizes consisting of cash or of merchandise with an aggregate value in excess of $10,000 during the successive operations of any one merchandise wheel and $3,000 during the successive operations of any bell jar. No series of prizes awarded by raffle shall have an aggregate valuable in excess of $100,000.
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.
Except for merchandise wheels and raffles, no series of prizes on any one occasion shall aggregate more than $400 when the authorized licensee organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, raffles and bell jars, no series of prizes on any one occasion shall aggregate more than $500 when the authorized licensee organization conducts less than five single types of games of chance, exclusive of merchandise wheels, raffles and bell jars, during any one license period. No authorized licensee organization shall award by raffle prizes with an aggregate value in excess of $100,000 during any one license period.
Except for the limitation 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.
No person except a bona fide member of the authorized licensee organization shall participate in the management of such games. No person except a bona fide member of the authorized licensee organization shall participate in the operation of games.
No person shall receive any remuneration for participating in the management or operation of any such games of chance.
No authorized licensee organization shall extend credit to a person to participate in playing a game of chance.
No game of chance shall be conducted on other than the premises of an authorized licensee 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 licensee 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.
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
After obtaining an identification number from the New York State Racing and Wagering Board, the applicant, including any authorized games of chance lessor, shall file the application with the Town Clerk, provided that the same is fully completed, duly executed and verified in proper form as provided in the prescribed application.
The Town Clerk shall, with due expedition, make or cause to be made an investigation of the qualifications of the applicant and the merits of the application after the filing thereof in proper form. If it is determined that the applicant is duly qualified and that it complies with the requirements of law as to its members and as to the disposition of the funds to be derived from the games of chance, then the Town Clerk shall issue a license upon the payment of a license fee of $25 for each license period. If an applicant is an authorized games of chance lessor and if it is determined that such applicant is duly qualified, then the Town Clerk shall issue a license upon the payment of a license fee of $50. Any such lessor license shall not be issued for more than 12 license periods during any one calendar year.
No application for a license to conduct games of chance or to lease premises shall be denied by the Town Clerk until after a hearing, held on written notice by regular first-class mail addressed to the applicant at the address contained in its application, at which the applicant shall be entitled to be heard upon its qualifications and the merits of the application. Upon application to the Town Clerk, any licensee may seek and obtain an amendment of its license, provided that the subject matter of the proposed amendment could have been lawfully included in the original license and any additional fees due thereunder by reason of such amendment are paid.
The form and content of the license, including the license for a lessor, shall be as prescribed by the New York State Racing and Wagering Board. When issued, it shall be conspicuously displayed on the inside of the main entry door of the premises at all times during the conduct of the games of chance.
The Sheriff of Orange County, as the chief law enforcement officer of the county, shall have and shall exercise rigid control and close supervision, including the right of entry to the premises, over all games of chance conducted within the Town of Wawayanda to ensure that they are fairly and properly conducted by the licensee. In the exercise of such duties, the Sheriff or his agent shall make an on-site inspection during the conduct of the games of chance. The Sheriff and the New York State Racing and Wagering Board shall have the power and authority to temporarily suspend a license pending a hearing; and, after conclusion of the same, the Town Clerk or said Board may suspend or revoke any such license issued pursuant to this chapter, including the imposition of a fine not to exceed $1,000.
Subject to the provisions of the Alcoholic Beverage Control Law, beer may be offered for sale; however, this shall not be construed as limiting the offering for sale of any other alcoholic beverage in areas other than the games of chance premises or where only the games of chance known as "bell jars" or "raffles" are conducted.
Games of chance may be conducted within the Town of Wawayanda on Sunday, provided that they take place only between the hours of 12:00 noon and 12:00 midnight. In no event shall games of chance be conducted on Easter Sunday, Christmas Day, Yom Kippur or New Year's Eve.
No person under 18 years of age shall be permitted to play or to operate or assist in any game of chance, except that, at the discretion of the licensee, such person may be permitted solely to attend.
Except when only the game of chance known as the "bell jar" is conducted when the following restrictions shall not apply, games of chance under any license may not be conducted more than 12 times in any calendar year. No particular premises shall be used for games of chance on more than 24 license periods during any one calendar year. Between Monday and Thursday, games may be conducted only between the hours of 12:00 noon and 12:00 midnight; on Friday, Saturday and a legal holiday, between the hours of 12:00 noon and 2:00 a.m. of the next succeeding day.
Only bona fide members of the licensee shall operate any games of chance, except that a bona fide member of an affiliated or auxiliary organization or association may also operate such games. Nonmembers may assist in any activity other than in the managing or operating of games. Only equipment owned or leased by an authorized licensee thereof shall be used for the conduct of such games of chance. The Sheriff or his agent may request the licensee to certify under oath as to the membership of the person(s) operating the games and their affiliation with the licensee. Only reasonable and necessary expenses shall be paid or incurred by the licensee for conducting the games of chance.
The licensee may fix a fee for admission; however, the Town Clerk may set a minimum fee in the discretion of such officer. Every winner shall be determined and every prize shall be awarded and delivered within the same calendar day as the game is played. No alcoholic beverage shall be offered or given as a prize in any game of chance.
A licensee may advertise the games in newspapers, circulars, handbills and posters and by one sign measuring not more than 60 square feet in area. The sign may be displayed on or adjacent to the licensee's premises; and if the games are to be conducted at an authorized lessor's premises, then one additional sign may be displayed on or adjacent to the premises where the games are to be conducted. Additional signs may be displayed upon the equipment of any licensee which is a volunteer fire company or first aid or rescue squad. All advertisements shall be limited to a summary description of the event, the name of the licensee, the license number as assigned by the Town Clerk and the date, location and time of the event.
The member or members in charge of the games shall, within seven days after the conclusion of the license period, submit a statement to the Town Clerk containing the amount of the gross revenues and an itemized list of the expenses with a description of the merchandise purchased and services rendered (other than prizes), giving the names and addresses of all such vendors or suppliers of goods and services. The statement shall be subscribed and affirmed to be true under penalties of perjury and shall also contain a statement as to the net proceeds derived from the games with a statement as to their use or intended use by the licensee. The licensee shall regularly maintain and keep books and records of these transactions for the purpose of substantiating and evidencing the facts contained in the statements. These requirements shall also be applicable to the authorized game of chance lessor, if any.
The foregoing shall also apply to a licensee conducting a raffle, except that such statement shall be submitted within 30 days after the conclusion of an occasion at which a raffle was conducted. In addition to the financial information to be given and maintained as above, the statement shall also indicate the number of tickets printed, the number sold, the price and the number returned as unsold and a description and a statement of the fair market value of the prizes actually awarded. These requirements shall also be applicable to the authorized game of chance lessor, if any.
Upon filing the statements as above, the licensee shall pay to the Town Clerk an additional fee based upon the reported net proceeds in accordance with the fee schedule set from time to time by the New York State Racing and Wagering Board. The additional fee shall not exceed 5% of the net proceeds.
Any manager, officer, director, agent, member or employee of a licensee, as well as any authorized game of chance lessor, is subject to examination under oath by the Town Clerk or the New York State Racing and Wagering Board as to the business conducted through its games of chance.
Any applicant or holder of a license under this chapter who is aggrieved by any determination of the Town Clerk or the Sheriff may appeal said determination by filing a written notice of appeal with the Town Clerk or Sheriff as the case may be within 30 days after the determination. In addition, the evidence submitted upon the original determination may be again submitted upon the appeal, together with additional evidence, if any; and the action or decision of the New York State Racing and Wagering Board shall be binding upon all parties.
Any person who engages or participates in games of chance under a lawfully obtained license shall be exempt from criminal prosecution for gambling thereunder.
Any person, including any organization, making material false statements, paying or receiving excess rent for premises to conduct games of chance, failing to keep true and complete books and records, falsifying entries in any books and records or diverting the net proceeds of any game of chance shall be guilty of a misdeameanor and shall forfeit any license issued under this chapter and be ineligible as a licensee hereunder for at least one year thereafter.
Any person, including any organization, is guilty of a misdemeanor in holding, operating or conducting games of chance without a license except a bona fide organization of senior citizens, 60 years of age or older, who engage in such activities solely for the purpose of amusement and recreation; provided, however, that it has received an identification number, nothing of value is furnished for the opportunity to participate, the prizes are nominal in value, no one other than an active member of the organization participates in the conduct of the games and no one is paid for conducting or assisting in the games.
This chapter may be amended from time to time or repealed by a two-thirds vote of the Town Board. Any such amendment or repeal shall be effective not earlier than 30 days following the date of enactment of the local law or ordinance effecting the amendment or repeal. A referendum shall not be required for any such amendment or repeal.
This chapter shall take effect immediately after approval by a majority of the electors entitled to vote thereon at either a special election to be held thereof or at the next general election whichever shall sooner occur.