[HISTORY: Adopted by the Board of Trustees of the Village
of Green Island 2-26-1979 by L.L. No. 1-1979.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 57.
[1]
Editor's Note: This local law passed at referendum 3-20-1979.
As used in this chapter, the following terms shall have the
following meanings:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of this chapter.
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."
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.
The New York State Racing and Wagering Board.[1]
The Village Clerk of the Village of Green Island.
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.
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.
One or more of the following causes, deeds or activities:
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.
Those which shall initiate, perform or foster the erection or
maintenance of public structures.
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.
A period of time not to exceed 14 consecutive hours.
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.
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.
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.
The Chief of Police.
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.
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 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.
The games of chance known as "merchandise wheels" and each
other specific game of chance authorized by the Board.
[1]
Editor's Note: Pursuant to L. 2012, c. 60, the former Racing
and Wagering Board is now the Gaming Commission.
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.
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 a sum equal to $25 plus an amount
equal to 2% of the gross sales and rentals, if any, of games of chance
equipment and supplies to authorized organizations or authorized games
of chance lessors by the applicant during the preceding calendar year
or fiscal year if the applicant maintains his accounts on a fiscal
year basis. No license granted pursuant to the provisions of this
section shall be effective for a period of more than one 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 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 of
the gross sales and rentals actually recorded during that period 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.
Licenses to conduct games of chance.
(1)
Each applicant for a license shall, after obtaining an identification
number from the Board, file with the Village 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
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 purpose 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 otherwise provided
in Article 9-A of the General Municipal Law; 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 and the number of merchandise wheels,
if any, to be operated.
(2)
In each application there shall be designated not fewer 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 and the rules and regulations of the
Board, this chapter and Article 9-A of the General Municipal Law.
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 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 to the specifications contained in the definition of "authorized
organization" set forth in § 186 of the General Municipal
Law, 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.
Investigations. The 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.
B.
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; 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 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 operating or assisting, except as otherwise provided
by law, he 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.
C.
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 games of chance licensee is
duly qualified to be licensed, that the applicant satisfies the requirements
for an "authorized organization" as defined in § 186 of
the General Municipal Law, 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 and that such leasing of premises for the conduct of such
games is to be in accordance with the provisions of this chapter and
Article 9-A of the General Municipal Law and with the rules and regulations
of the Board, he shall issue a license permitting the applicant to
lease said premises for the conduct of such games to the specified
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 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 Article
9-A of the General Municipal Law to conduct games of chance.
[Amended 12-19-1988 by L.L. No. 1-1988]
D.
On or before the 30th day of the month, the Village Treasurer 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 such Clerk
pursuant to this chapter during the preceding calendar month.
E.
No license shall be issued 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 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 may be amended, upon application made to such
Clerk who 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 such
license shall be conspicuously displayed upon such premises at all
times during the conduct of games of chance.
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 license 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 Chief of Police 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 Article
9-A of the General Municipal Law; and such Chief of Police and the
Board shall have the power and the authority to temporarily suspend
any license issued by the Clerk pending a hearing. After notice and
hearing, the Clerk or the Board 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 if found, for the
purpose of inspecting the same. A member of the Police Department
designated by the Chief of Police shall make an on-site inspection
during the conduct of all games of chance licensed pursuant to this
chapter.
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 Article 9-A of the General Municipal
Law; 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 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.
A.
Within seven days after the conclusion of any license period, the
authorized organization which conducted the game of chance and its
members who were in charge thereof and, when applicable, the authorized
organization which rented its premises therefore 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 the gross receipts derived therefrom and each item of expense incurred
or paid and each item of expenditure made or 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 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 based upon the reported net proceeds, if any, for
the license period covered by such statement and determined in accordance
with such schedule to be established from time to time by the Board
to defray the actual cost to the Village of Green Island of administering
this chapter, but such additional license fee shall not exceed 5%
of the net proceeds for such license period.
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
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 or Article 9-A of the General Municipal Law.
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.
A.
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;
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 a portion of the net proceeds of any game of chance to any person,
firm, partnership or corporation, except in furtherance of one 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 year thereafter.
B.
Any person, association, corporation or organization holding, operating
or conducting a game of chance is guilty of a misdemeanor except when
operating, holding or conducting such:
(1)
In accordance with a valid license issued pursuant to this chapter;
or
(2)
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 the amusement and recreation of its members where:
(a)
The organization has applied for and received an identification
number from the Board.
(b)
No player or other person furnishes anything of value for the
opportunity to participate.
(c)
The prizes awarded or to be awarded are nominal.
(d)
No person other than a bona fide active member of the organization
participates in the conduct of games.
(e)
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 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.
