[HISTORY: Derived from Art. XX of Ch. VII of the Charter
and Ordinances, 1974, of the City of Buffalo. Amendments noted where
applicable.]
The Common Council finds 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, to be in the public interest, and that the mandate of
Article I, § 9, of the Constitution of the State of New
York, as amended, should be carried out by rigid regulations to prevent
commercialized gambling, prevent participation by criminal and other
undesirable elements and prevent the diversion of funds from the purposes
herein authorized.
A.
As used in this chapter, the terms "authorized games of chance lessor,"
"authorized organization," "authorized supplier of games of chance
equipment," "games of chance," "lawful purposes," "net lease," "net
proceeds" and "one occasion" shall have the meanings designated in
the definitions set forth in Article 9-A of the General Municipal
Law and any amendments thereto.
B.
BOARD
CLERK OR CITY CLERK
GAMES OF CHANCE CURRENCY
LICENSE PERIOD
MUNICIPALITY
OFFICER
OPERATION
PREMISES
SERIES OF PRIZES
SINGLE PRIZE
SINGLE TYPE OF GAME
As used in this chapter, the following terms shall have the meanings
indicated:
The New York State Racing and Wagering Board.
The Commissioner of Inspections and Licenses of the City
of Buffalo.
Legal tender or a form of scrip or chips authorized by the
Board, any of which may be used at the discretion of the games of
chance lessee.
A period of time not to exceed fourteen (14) consecutive
hours.
The City of Buffalo.
The Commissioner of Police of the City of Buffalo shall be
the officer designated in Article 9-A of the General Municipal Law
as the chief law enforcement officer of this municipality.
The play of a single type of game of chance necessary to
determine the outcome or winners each time wagers are made.
A designated area within a building, hall, tent or grounds
reasonably identified for the conduct of games of chance. Nothing
herein shall require such area to be enclosed.
The total amount of single prizes minus the total amount
of wagers lost during the successive operations of a single type of
game of chance, except that for merchandise wheels, "series of prizes"
shall mean the sum of the actual value of merchandise awarded as single
prizes during the successive operations of any single merchandise
wheel.
The sum of money or actual form of merchandise awarded to
a participant by a game of chance licensee in any one (1) operation
of a single type of game of chance in excess of his wager.
The games of chance known as "merchandise wheels" and each
other specific game of chance authorized by the Board.
This chapter is subordinate and subject to all of the conditions
and provisions contained in Article 9-A of the General Municipal Law
and amendments thereto, the powers and duties of the Board and any
and all rules and regulations and opinions adopted or to be adopted
by the New York State Racing and Wagering Board.
A.
No person, firm, association, corporation or organization, other
than a licensee under the provisions of this chapter, shall conduct
a game of chance 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 a game of chance.
C.
No authorized organization licensed under the provisions of this
chapter shall purchase or receive any supplies or equipment specifically
designed or adapted for use in the conduct of games of chance from
other than an authorized supplier of games of chance equipment licensed
by the State Board or from another authorized organization.
D.
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.
E.
No single prize shall exceed the sum or value of one hundred dollars
($100.), except that for merchandise wheels no single prize shall
exceed the sum or value of two hundred fifty dollars ($250.). No single
wager shall exceed two hundred dollars ($200.).
F.
No authorized organization shall award a series of prizes consisting
of merchandise with an aggregate value in excess of one thousand dollars
($1,000.) during the successive operations of any one (1) merchandise
wheel.
G.
In addition to the merchandise wheels, no more than five (5) other
single types of games of chance shall be conducted during any one
(1) license period.
H.
Except for merchandise wheels, no series of prizes on any one (1)
occasion shall aggregate more than two hundred dollars ($200.) when
the licensed authorized organization conducts five (5) single types
of games of chance during any one (1) license period. Except for merchandise
wheels, no series of prizes on any one (1) occasion shall aggregate
more than two hundred fifty dollars ($250.) when the licensed authorized
organization conducts less than five (5) single types of games of
chance, exclusive of merchandise wheels, during any one (1) license
period.
I.
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 (1) participant during any occasion or
any license period.
J.
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, its auxiliary or affiliated organization, shall participate in the operation of such game, as set forth in § 213-15 of this chapter.
K.
No person shall receive any remuneration for participating in the
management or operation of any game of chance.
L.
No licensed organization shall extend credit to a person to participate
in playing a game of chance.
M.
No game of chance shall be conducted on other than the premises of
an authorized organization or a licensed games of chance lessor.
A.
No person, firm, partnership, corporation or organization shall sell or distribute supplies or equipment specifically designed or adapted for use in the conduct of games of chance without having first obtained a license therefor upon written application made, verified and filed with the Board in the form prescribed by the rules and regulations of the Board. In each such application for a license under this section shall be stated the name and address of the applicant; the names and addresses of its officers, directors, shareholders or partners; the amount of gross receipts realized on the sale and rental of games of chance supplies and equipment to duly licensed authorized organizations during the last preceding calendar or fiscal year; and such other information as shall be prescribed by such rules and regulations. The fee for such license shall be as provided in Chapter 175, Fees. No license granted pursuant to the provisions of this section shall be effective for a period of more than one (1) year.
B.
The following shall be ineligible for such a license:
(1)
A person convicted of a crime who has not received a pardon, a certificate
of good conduct or a certificate of relief from disabilities.
(2)
A person who is or has been a professional gambler or gambling promoter
or who for other reasons is not of good moral character.
(3)
A public officer or employee.
(4)
An authorized games of chance lessor.
C.
The Board shall have the power to examine or cause to be examined
the books and records of any applicant for a license under this section.
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.
D.
Any solicitation of an organization licensed to conduct games of
chance to purchase or induce the purchase of games of chance supplies
and equipment, other than by a person licensed or otherwise authorized
pursuant to this section, shall constitute a violation of this section.
E.
Any person who willfully shall make any material false statement
in any application for a license authorized to be issued under this
section or who willfully shall violate any of the provisions of this
section or of any license issued hereunder shall be guilty of a misdemeanor
and, in addition to the penalties in such case made and provided,
shall forfeit any license issued to him or it under this section and
be ineligible to apply for a license under this section for one (1)
year thereafter.
F.
At the end of such period specified in the license, a recapitulation
shall be made as between the licensee and the Board in respect to
the gross sales aid rentals actually recorded during that period and
the fee paid therefor; and any deficiency of fee thereby shown to
be due shall be paid by the licensee and any excess of fee thereby
shown to have been paid shall be credited to said licensee in such
manner as the Board by the rules and regulations shall prescribe.
A.
To conduct games of chance:
(1)
Each applicant for a license shall, after obtaining an identification
number from the Board, file with the 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 such
Clerk to determine whether or not it is a bona fide authorized organization.
(b)
The names and addresses of its officers and the place or places
where and 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 rules and regulations of the Board.
(f)
The name of each single type of game of chance to be conducted
under the license applied for and the number of merchandise wheels,
if any, to be operated.
(2)
In each application there shall be designated not less than four
(4) bona fide members of the applicant organization under whom game
or games of chance will be managed; and to the application shall be
appended 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,
this chapter and the applicable local laws or ordinances.
B.
Authorized games of chance lessor:
(1)
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 Clerk a written application therefor in a form to be pre
scribed by the Board, duly executed an verified, which shall set forth:
(a)
The name and address of the applicant.
(b)
The designation and address of the premises intended to be covered
by the license sought.
(c)
A statement that the applicant in al respects conforms with the specifications contained in the definition of "authorized organization" set forth in § 213-2 of this chapter.
(d)
A statement of the lawful purposes which the net proceeds from
any rental are to be devoted by the applicant.
(e)
Such other information as shall be prescribed by the Board.
A.
The Clerk shall make an investigation of the qualifications of each
applicant and the merits of each application with due expedition after
filing of the application.
B.
Issuance of licenses.
(1)
Issuance of licenses to conduct games of chance. If such 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 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 in accordance with the rules and regulations of the Board and applicable local laws or ordinances; and that the proceeds thereof are to be disposed of as provided by this chapter; and if such 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, the Clerk shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee as provided in Chapter 175, Fees, for each license period.
(2)
Issuance of licenses to authorized games of chance lessors. If such Clerk shall determine that the applicant seeking to lease premises for the conduct of games of chance to a game 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§ 213-2 of this chapter; that the applicant has filed its proposed rent for each license period and that the 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 this chapter, with the rules and regulations of the Board and applicable local laws and ordinances, 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 such Clerk shall determine, but not to exceed twelve (12) license periods during a calendar year, upon payment of a license fee as provided in Chapter 175, Fees. Nothing herein shall be construed to require the applicant to be licensed under this chapter to conduct games of chance.
C.
On or before the 30th day of each month, the Treasurer of the municipality
in which the licensed property is located shall transmit to the State
Comptroller a sum equal to fifty percent (50%) of all authorized games
of chance lessor license fees and the sum of fifteen dollars ($15.)
per license period for the conduct of games of chance collected by
such Clerk pursuant to this section during the preceding calendar
month.
D.
No license shall be issued under this section which shall be effective
for a period of more than one (1) year.
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 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.
Any license issued under this chapter may be amended, upon application
made to such 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.
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, the names and addresses of the members of the licensee under
whom the games will be managed, the place or places where and the
date or dates and time or times when such games are to be conducted
and 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. 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 and 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.
The officer 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 such
officer and the Board shall have the power and authority to temporarily
suspend any license issued by the Clerk pending a hearing; and after
notice and hearing, the Clerk or Board may suspend or revoke the same
and additionally may impose a fine in an amount not exceeding one
thousand dollars ($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 shall make an on-site inspection during the conduct of all
games of chance licensed pursuant to this chapter.
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 chance premises as such premises are defined in § 213-2 of 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.
No person under the age of eighteen (18) years shall be permitted
to play any game or games of chance conducted pursuant to any license
issue under this chapter. Persons under the age of eighteen (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 eighteen (18)
years shall be permitted to operate any game of chance conducted pursuant
to any license issued under this chapter or to assist therein.
A.
No game or games of chance shall be conducted under any license issued
under this chapter more often than twelve (12) times in any calendar
year. No particular premises shall be used for the conduct of games
of chance on more than twenty-four (24) license periods during any
one (1) calendar year.
B.
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 12:00 noon on Saturday and 2:00 a.m. Sunday.
The closing period of 2:00 a.m. shall also apply to a legal holiday.
The conduct of games of chance on Sunday is only permitted when it
is specifically provided for in the license issued and then only between
the hours of 12:00 noon and midnight.
C.
Notwithstanding the foregoing provisions of this section, no games
of chance shall be conducted on Easter Sunday, Christmas Day or New
Year's Day.
A.
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.
B.
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.
C.
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, any such person involved
in such games of chance shall certify that he or she has no criminal
record.
D.
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 Clerk.
A.
A fee may be charged by any licensee for admission to any game or
games of chance conducted under any license issued under this chapter.
The Clerk may in his discretion fix a minimum fee.
B.
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 games of chance conducted or to be conducted in the City
of Buffalo 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 games by means
of newspaper, radio, television or sound trucks or by means of billboards,
posters or handbills or any other means addressed to the general public,
except one (1) sign not exceeding sixty (60) square feet in area,
which 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 (1) additional such sign may be displayed on
or adjacent to the premises in which the games are to be conducted.
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 Clerk and the date, location and time
of the event.
A.
Within seven (7) 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 Clerk a statement subscribed by the member in charge and affirmed
by him as true, under the penalties of perjury, showing the amount
of 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 derive 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 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 Clerk as and for an additional license fee a sum as provided in Chapter 175, Fees, 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 of administering the provisions of this chapter.
A.
The Clerk and the Board shall have 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, 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.
Any applicant for or holder of any license issued or to be issued
under this chapter aggrieved by any action of the officer or the Clerk
to whom such application has been made or by whom such license has
been issued may appeal to the Board from the determination of said
officer or Clerk by filing with such officer or Clerk a written notice
of appeal within thirty (30) days after the determination or action
appealed from; and upon the hearing of such appeal, the evidence,
if any, taken before such officer or 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 such officer or 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 it under any
license lawfully issued pursuant to this chapter shall be liable to
prosecution or conviction for violation of any provision of Article
225 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 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, 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 the permissible rent
in the license provided for in this chapter; 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; or divert or pay any portion of the net proceeds of
any game of chance to any person, firm, partnership or corporation,
except in furtherance of one (1) or more of the lawful purposes defined
in this chapter 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 (1) year thereafter.
Any person, association, 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 to this chapter;
or
B.
On behalf of a bona fide organization of persons sixty (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.
(5)
No person is paid for conducting or assisting in the conduct of the
game or games.
Except as provided in § 213-23 of this chapter, the provisions of this chapter shall remain inoperative unless and until a proposition therefor, submitted at a general or special election in this municipality, shall be approved by a vote of the majority of the qualified electors in such municipality voting thereon.[1]
[1]
Editor's Note: This chapter was approved by the voters
at a special election held on May 1, 1979.
This chapter may be amended from time to time or repealed by
the Common Council by a two-thirds vote; and such amendment or repeal,
as the case may be, may be made effective and operative not earlier
than thirty (30) days following the date of the enactment of the local
law or ordinance effecting such amendment or repeal, as the case may
be; and the approval of a majority of the electors of this municipality
shall not be a condition prerequisite to the taking effect of such
local law or ordinance.
