As used in this chapter, the following terms shall have the
following meanings:
AUTHORIZED ORGANIZATION
Includes any bona fide religious or charitable organization
or bona fide educational, fraternal or service organization or bona
fide organization of veterans or volunteer firemen which, by its charter,
certificate of incorporation, constitution or act of Legislature,
shall have, among its dominant purposes, one or more of the lawful
purposes, provided that each shall operate without profit to its members,
and provided that each organization has engaged in serving one or
more of the lawful purposes 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 which does not devote at least 75% of its activities to other
than conducting games of chance. No political party shall be deemed
an "authorized organization."
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
Any person, firm, partnership, corporation or organization
licensed by the Board to sell or lease games of chance equipment or
paraphernalia which meets the specifications and regulations established
by the 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 or owned by an authorized
organization shall be sold or leased to any other authorized organization
without written permission from the Board.
BOARD
The New York State Racing and Wagering Board.
CLERK
The Village Clerk of the Village of Green Island.
GAMES OF CHANCE
Includes only the games known as "merchandise wheels" and
such other specific games as may be authorized by the Board 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," as controlled
by Article 14-H of the General Municipal Law, or "slot machines,"
"bookmaking," "policy or number games" and "lottery," as defined in
§ 225 of the Penal Law. No games of chance shall involve
wagering of money by one player against the other.
GAMES OF CHANCE CURRENCY
Legal tender or a form of scrip or chip authorized by the
Board, any of which may be used at the discretion of the games of
chance licensee.
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
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 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.
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
authorized games of chance lessor for which the lessee pays rents
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
A.
In relation to the gross receipts from one or more license periods
of games of chance, the amount that shall remain after deducting the
reasonable sums necessarily and actually expended for 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, license
fees and the cost of bus transportation, if authorized by the Clerk.
B.
In relation to the gross rent received by an authorized games
of chance lessor for the use of its premises by a games of chance
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.
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 $250 or $200 during any one license period, in accordance with
the provisions of § 189 of the General Municipal Law, as
the case may be. For purposes of the game of chance known as a "merchandise
wheel," "one occasion" shall mean the successive operations of any
one such merchandise wheel for which the limit on a series of prizes
provided by Subdivision 6 of § 189 of the General Municipal
Law shall apply.
OPERATION
The play of a single type of game of chance necessary to
determine the outcome or winners each time wagers are made.
PREMISES
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.
SERIES OF PRIZES
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.
SINGLE PRIZE
The sum of money or actual value of merchandise awarded to
a participant by a games of chance licensee in any one operation of
a single type of game of chance in excess of his wager.
SINGLE TYPE OF GAME
The games of chance known as "merchandise wheels" and each
other specific game of chance authorized by the Board.
It shall be lawful for any authorized organization, upon obtaining
a license as hereinafter provided, to conduct games of chance within
the territorial limits of the Village of Green Island subject to the
provisions of this chapter, the provisions of Article 9-A of the General
Municipal Law and subject to the regulations of the New York State
Racing and Wagering Board.
The games of chance authorized by this chapter shall be subject
to the following restrictions:
A. No person, firm, partnership, corporation or organization, other than a licensee under the provisions of this chapter, shall conduct such game or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, direct or indirect, except as provided in §
93-4 of this chapter.
B. No games 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 such game.
C. No authorized organization 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
a supplier licensed by the 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 $100, except that,
for merchandise wheels, no single prize shall exceed the sum or value
of $250. No single wager shall exceed $2.
F. No authorized organization shall award a series of prizes consisting
of merchandise with an aggregate value in excess of $1,000 during
the successive operations of any one merchandise wheel.
G. In addition to merchandise wheels, no more than five other single
types of games of chance shall be conducted during any one license
period.
H. 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 participant during any occasion or any
license period.
I. Except for merchandise wheels, no series of prizes on any one occasion
shall aggregate more than $200 when the licensed authorized organization
conducts five single types of games of chance during any one license
period. Except for merchandise wheels, no series of prizes on any
one occasion shall aggregate more than $250 when the licensed authorized
organization conducts fewer than five single types of games of chance,
exclusive of merchandise wheels, during any one license period.
J. 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 § 195-c of the General
Municipal Law.
K. No person shall receive any remuneration for participating in the
management or operation of any such game.
L. No authorized 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
any authorized organization or an authorized games of chance lessor.
N. The unauthorized conduct of a game of chance shall constitute and
be punishable as a misdemeanor.
No games of chance shall be conducted on Easter Sunday, Christmas
or New Year's Eve.
No person under the age of 18 years shall be permitted to play
any game or games 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.
[Amended 5-21-1979 by L.L. No. 2-1979]
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. on Saturday
and the hours of 12:00 noon on Saturday and 2:00 a.m. on Sunday, and
from 12:00 noon on Sunday until 12:00 midnight. The 2:00 a.m. closing
period 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 or conducting
any game of chance are bona fide members of such authorized organization,
auxiliary or affiliated organization. Upon request by the Chief of
Police, 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 conduct 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 such Clerk.
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 or Department may, in its discretion, fix a minimum fee.
Every winner shall be determined and every prize shall be awarded
and delivered within the same calendar year as that upon which the
game was played. No alcoholic beverage shall be offered or given as
a prize in any game of chance.
A licensee may advertise the conduct of games of chance to the
general public by means of handbills and posters and by one sign,
not exceeding 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
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 firefighting 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 Clerk and
the date, location and time of the event.
Any applicant for or holder of any license issued or to be issued
under this chapter aggrieved by any action of an officer or 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 said
officer or Clerk as authorized by § 195-h of the General
Municipal Law.
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 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 or Article 9-A of the General Municipal
Law, 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 or otherwise or permitting the conduct upon the
premises owned or leased by him or it of any game of chance conducted
under any license known to him or it to have it obtained by such false
pretense or statement.
This chapter may be amended from time to time or repealed by
the Village Board by a two-thirds vote, 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 local law affecting
such amendment or repeal, as the case may be; and the approval of
a majority of the electors of such municipality shall not be a condition
prerequisite to the taking effect of such local law or ordinance.