[HISTORY: Adopted by the Town Board of the Town of Highland 4-15-2005 by L.L. No.
1-2005. Amendments noted where applicable.]
This chapter shall be known and cited as the "Games of Chance
Local Law of the Town of Highland."
As used herein, the following terms shall have the same meanings
as those terms are defined in § 186 of the General Municipal
Law of the State of New York as the same may be amended from time
to time: "Board"; "Games of Chance"; "Authorized Organization"; "Lawful
Purposes"; "Net Proceeds"; "Net Lease"; "Authorized Games-of-Chance
Lessor"; "Single Type of Game"; "Operation"; "Single Prize"; "Series
of Prizes"; Authorized Supplier of Games-of-Chance Equipment"; "One
Occasion"; "License Period"; "Premises"; and "License."
From and after the effective date of this chapter as hereafter
provided, it shall be lawful for an authorized organization, upon
obtaining a license therefor as hereinafter provided, to conduct games
of chance within the territorial limits of the Town of Highland, subject
to the provisions of this chapter. Article 9-A of the General Municipal
Law of the State of New York and rules and regulations promulgated
by the New York State Racing and Wagering Board, as the same may be
amended from time to time.
Each applicant for a license to conduct games of chance shall,
after obtaining an identification number from the Board, file with
the Town Clerk a written application therefor, in a form to be prescribed
by the Board, duly executed and verified, containing such information
as may be required by law and by the rules and regulations of the
Board, specifically including the information in § 190(1)(a)
of the General Municipal Law. In each such application there shall
be designated not less than four active members of the application
organization under whom the game or games of chance will be conducted,
and to the application shall be appended a statement executed by the
members so designated that they will be responsible for the conduct
of such games in accordance with the terms of the license and the
rules and regulations of the Board and Article 9-A of the General
Municipal Law of the State of New York.
Each applicant for a license to lease premises to a licensed
organization for the purpose of conducting games of chance therein
shall file with the Town Clerk a written application therefor, in
a form to be prescribed by the Board, duly executed and verified,
and which shall contain such information as shall be required by law
and by the rules and regulations of the Board.
The Town Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application for due expedition
after filing of the application. For purposes of assisting in the
conduct of such investigation, the Town Clerk may call upon the resources
of any duly appointed and acting Town officials and any law enforcement
agencies.
If the Town Clerk shall determine that the applicant for a license
to conduct games of chance is duly qualified therefor and meets the
requirements of § 191, Subdivision 1(a), of the General
Municipal Law of the State of New York and the rules and regulations
of the Board and of this chapter, as the same may be amended from
time to time, 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.
No such license shall be effective for a period of more than one year.
If the Town Clerk shall determine that the applicant seeking
to lease a hall or premises for the conduct of games of chance to
an authorized organization is duly qualified to be licensed under
the provisions of § 191, Subdivision 1(b), of the General
Municipal Law of the State of New York and the rules and regulations
of the Board and the provisions of this chapter, as the same may be
amended from time to time, he shall issue a license permitting the
applicant to lease said premises for the conduct of such games to
the authorized organization or organizations specified in the application
during the period therein specified or such shorter period as such
Clerk shall determine, but not to exceed one year, upon payment of
a license fee of $50.
No application for the issuance of a license to an authorized
organization shall be denied by the Town Clerk until after a hearing,
held on due notice to the applicant, at which the application shall
be entitled to be heard upon the qualifications of the applicant and
the merits of the applicant.
Any license issued under this chapter may be amended, upon application
made to the Town 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 fee, if
any, as would have been payable if it had been so included.
[Amended 7-14-2009 by L.L. No. 4-2009]
Each license to conduct games of chance shall be in form prescribed
by the Board and shall contain such information as may be required
by law and/or the rules and regulations of the Board, as the same
may be amended from time to time. Each such license shall be conspicuously
displayed at the place where the games of chance are to be conducted
at all times during the conduct thereof.
Each license to lease premises for the conduct of games of chance
will be in such form as may be prescribed by the Board and will contain
such information as may be required by law and/or the rules and regulations
of the Board, as the same may be amended from time to time. Each such
license shall be conspicuously displayed upon such premises at all
times during the conduct of such games of chance.
The Town Board 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 Article 9-A of the
General Municipal Law of the State of New York, and the Board shall
have the power and the authority to temporarily suspend any license
issued by the Clerk pending a hearing, and, after notice and hearing,
the Board may suspend or revoke the same and additionally impose a
fine in the amount not to exceed $1,000 for violation of any such
provisions and shall have the right of entry by their prospective
agents at all times into any premises where any games of chance are
being conducted, where it is intended that any such games 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 agency of the Town Board 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, but the offering of all other alcoholic beverages is prohibited.
Except as provided in §
80-16, no games of chance shall be conducted on Sunday unless specifically so provided in the license. The Town Clerk is hereby authorized to include such provision in any such license upon a proper showing by the application of the need therefor. No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
[Amended 7-14-2009 by L.L. No. 4-2009]
No game or games of chance shall be conducted under a license
issued under this chapter more than 12 times in any 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 only between the hours of 12:00 noon on Saturday and 2:00 a.m.
on Sunday. The closing period of 2:00 a.m. shall also apply to a legal
holiday.
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. No person under the age of 18 years shall be permitted
to conduct or assist in the conduct of any games of chance conducted
pursuant to any license issued under this chapter.
No person shall hold, operate or conduct any games of chance
under any license issued under this chapter except an active member
of the authorized organization to which the license is issued, and
no person shall assist in the holding, operating or conducting of
any game of chance under such license except such an active member
or a member of an organization or association which is an auxiliary
to the license or a member of an organization or association of which
such licensee is an auxiliary or a member of an organization or association
which is affiliated with the licensee by being, with it, auxiliary
to another organization or association. No game of chance shall be
conducted with any equipment except that such as shall be owned by
leased by the authorized organization so licensed or used without
payment of any compensation therefor by the licensee. At least two
officers, directors, trustees or clergy of the authorized organization
shall, upon request, certify under oath that the persons assisting
in holding, operating or conducting any game of chance are bona fide
members of the authorized organization, auxiliary or affiliated organization.
Upon request by the Town Clerk, 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
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, 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 Town Clerk.
Not more than $2 shall be charged by any licensee for admission
to any room or place in which any game or games of chance are to be
conducted under any license issued under this chapter. The Town Clerk
may, in her discretion, fix a minimum fee. 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 game of chance conducted or to be conducted in the Town of
Highland 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 newspapers, radio, television or sound trucks or by means of billboards,
posters or handbills or any other means addressed to the general public,
except that one sign not exceeding 60 square feet in area 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 fire-fighting equipment belonging to any licensee which is
a volunteer fire company or upon any first-aid or rescue squad in
and throughout the community or communities served by such volunteer
fire company or such first-aid or rescue squad, as the case may be.
Within seven 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 organization
which rented its premises therefor shall each furnish to the Town
Clerk a statement subscribed by the members 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 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 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 a list of prizes offered given with the respective
values thereof, 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.
Upon the filing of such statement of receipts, the authorized
organization furnishing the same shall pay to the Town 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 as shall be established, from time
to time, by the Board to defray the actual cost to the Town of administering
the provisions of this chapter.
A. The Town Clerk 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, 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.
Any applicant for or holder of any license issued or to be issued
under this chapter aggrieved by any action of the Town 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 Town Clerk
by filing with the Town Clerk a written appeal within 30 days after
the determination of action appealed from, and upon the hearing of
such, the evidence, if any taken before such Town 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 the Town Clerk and all parties
to said appeal.
Any person or persons who shall execute an application on behalf
of any authorized organization shall, by the making of such application,
warrant that he is familiar with the provisions of state law and the
rules and regulations of the Board which may be applicable to such
license and agreed to abide thereby.