[HISTORY: Adopted by the Town Board of the Town of Elmira 11-18-1991 by L.L. No.
2-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 68.
This chapter shall be known and be cited as "An Ordinance Authorizing
the Conduct of Games of Chance by Certain Organizations."
The Town Board hereby declares that the raising of funds for
the promotion of bona fide charitable, education, scientific, health,
religious and patriotic causes and undertakings, where the beneficiaries
are undetermined, may be in the best public interest.
The words and terms used in this chapter shall have the same
meanings as such words and terms as are defined in Article 9-A of
the General Municipal Law, as amended.
A.
"Games of chance" shall mean and include only the games known as
"merchandise wheels" and "bell jars" and such other games as may be
authorized by the New York State Racing and Wagering 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, as amended, "slot machines,"
"bookmaking," "policy or numbers games," and "lottery" as defined
in § 225.00 of the Penal Law. No games of chance shall involve
wagering of money by one player against another player.
B.
"Bell jars" shall mean and include those games in which a participant
shall draw from a jar or other suitable container a card which contains
numbers, colors or symbols that are covered and which, when uncovered,
may reveal that a prize shall be awarded on the basis of a designated
winning number, color or symbol or combination of numbers, colors
or symbols.
C.
Games of chance shall also include any other games of chance now
or hereafter authorized by § 186(3) of the General Municipal
Law.
"Authorized organization" shall mean an authorized organization
as defined in Subdivision (4) of § 186 of the General Municipal
Law as follows:
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(4)
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"Authorized organization" shall mean and include 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 the legislature shall have among its dominant purposes one
or more of the lawful purposes as defined in this article, provided
that each shall operate without profit to its members, and provided
that each such organization has engaged in serving one or more of
the lawful purposes as defined in this article for a period of three
years immediately prior to applying for a license under this article.
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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.
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Any authorized organization applying to the Town Clerk for a
license to conduct games of chance shall file with such Clerk, after
obtaining an identification number from the Board, an application
form which has been approved by the New York State Racing and Wagering
Board, Bureau of Games of Chance Regulation, and as the same may be
changed by that Board from time to time. Any license thereupon issued
by the Town Clerk must conform and meet the requirements of Article
9-A and the rules and regulations of the New York State Racing and
Wagering Board and of this chapter.
A.
The Town 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.
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, as amended, 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 law; 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, the Clerk 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.
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
and the merits of the application.
B.
Any license issued may be amended, upon the application made to such
Clerk which 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.
Each license to conduct games of chance shall be in such form
as provided in the rules and regulations promulgated by the New York
State Racing and Wagering Board, and the contents thereof shall conform
to the provisions as contained in Article 9-A of the General Municipal
Law, as amended. The license shall be conspicuously displayed at the
place where the same is to be conducted at all times during the conduct
thereof.
[Amended 8-20-2012 by L.L. No. 1-2012]
A.
Games of chance may not be conducted on Sunday pursuant to this chapter;
when games of chance are held on Saturday, all activity concerning
the games of chance shall terminate at 12:00 midnight. Notwithstanding
the above, no games of chance shall be conducted on Easter Sunday
or Christmas Day.
B.
No game or games of chance shall be conducted under any license issued
under this article more often than 12 times in any calendar year.
No particular premises shall be used for the conduct of games of chance
during 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. Saturday,
and only between the hours of 12:00 noon on Saturday and 2:00 a.m.
Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
The above restrictions shall not apply when only the games of chance
known as the "bell jar" and/or "raffle" are conducted.
The conduct of games of chance shall be subject to the following
restrictions:
A.
No person, firm, partnership, corporation or organization, other
than a licensee under the provisions of § 191 of the General
Municipal Law, shall conduct such game or shall lease or otherwise
make available for conducting games of chance premises for any consideration
whatsoever, direct or indirect.
B.
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.
C.
No single prize awarded by games of chance other than raffle shall
exceed the sum or value of $300, except that for merchandise wheels,
no single prize shall exceed the sum or value of $250. No single prize
awarded by raffle shall exceed the sum or value of $50,000, except
that an authorized organization may award by raffle a single prize
having a value of up to and including $100,000 if its application
for a license filed pursuant to General Municipal Law § 190 includes
a statement of its intent to award a prize having such value. For
bell jars, coin jars or merchandise boards, no single prize shall
exceed the sum or value of $500. No single wager shall exceed $6;
provided, however, that such limitation shall not apply to the amount
of money or value paid by the participant in a raffle in return for
a ticket or other receipt.
[Amended 8-20-2012 by L.L. No. 1-2012]
D.
No authorized organization shall award a series of prizes consisting
of cash or of merchandise with an aggregate value in excess of $10,000
during successive operations of any one merchandise wheel, and $3,000
during the successive operations of any bell jar, coin board or merchandise
board. No series of prizes awarded by raffle shall have an aggregate
value in excess of $100,000. For coin boards and merchandise boards,
the value of a prize shall be determined by its cost to the authorized
organization or, if donated, its fair market value.
[Amended 8-20-2012 by L.L. No. 1-2012]
E.
In addition
to merchandise wheels, raffles and bell jars, no more than five other
single types of games of chance shall be conducted during any one
license period.
[Amended 8-20-2012 by L.L. No. 1-2012]
F.
No person except a bona fide member of any such organization shall
participate in the management or operation of any such game.
G.
No person shall receive any remuneration for participating in the
management or operation of any such games.
H.
The unauthorized conduct of games of chance and any willful violation
of any provision of this chapter shall constitute and be punishable
as a misdemeanor.
I.
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.
J.
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 a supplier licensed by the New York State Racing and Wagering
Board or from another authorized organization.
K.
Except for merchandise wheels and raffles, no series of prizes on
any one occasion shall aggregate more than $400 when the licensed
authorized organization conducts five single types of games of chance
during any one license period. Except for merchandise wheels, raffles
and bell jars, no series of prizes on any one occasion shall aggregate
more than $500 when the licensed authorized organization conducts
fewer than five single types of games of chance, exclusive of merchandise
wheels, raffles and bell jars during any one license period. No authorized
organization shall award by raffle prizes with an aggregate value
in excess of $100,000 during any one license period.
[Amended 8-20-2012 by L.L. No. 1-2012]
L.
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.
M.
No authorized organization shall extend credit to a person to participate
in playing a game of chance.
N.
No game of chance shall be conducted on other than the premises of
an authorized organization or an authorized games of chance lessor.
O.
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.
P.
In addition to the foregoing restrictions, any other restrictions
contained in Article 9-A of the General Municipal Law, as amended,
not here and before referred to shall be applicable and are referred
to as if set forth at length herein.
The Town Bingo and Games of Chance Inspector shall have and
exercise rigid control and close supervision over all games of chance
conducted under such license, to the end that the games 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, as amended.
Such duly appointed enforcement officer and the Town Board shall have
the power and authority to temporarily suspend any license issued
by the Clerk pending a hearing. After notice and hearing, the Clerk
or the Town 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 is found, for the purpose of inspecting
the same. The Town Board or any enforcement officer duly appointed
by it may make an on-site inspection during the conduct of all games
of chance licensed pursuant to this article
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. 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.
[Amended 8-20-2012 by L.L. No. 1-2012]
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, shall furnish to the Town 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 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 or prizes offered and given, with the respective values thereof.
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 equal to 5% of
the reported net proceeds, if any, for the license period covered
by such statement. This requirement shall not apply to the net proceeds
from the sale of bell jar tickets. No fee shall be required where
the net proceeds or net profits derived from the conduct of a raffle
or raffles are less than $30,000 during any one occasion. This requirement
shall not apply to the net proceeds from the sale of bell jar tickets.
No fee shall be required where the net proceeds or net profits derived
from the conduct of a raffle or raffles are less than $30,000 during
any one occasion.
A licensee may advertise the conduct of games of chance to the
general public only by means permitted by the General Municipal Law
Article 9-A[1] as limited by Chapter 217, Zoning, of the Town Code and any other applicable ordinances or local laws of the Town of Elmira in existence now or as hereinafter amended.
[1]
Editor's Note: See General Municipal Law § 195-e.
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 Subdivision 19 of General Municipal Law § 186; 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 or the sale of any other alcoholic beverage on
premises where only the game of chance known as the "bell jar" is
conducted.
The Town Board of the Town of Elmira may, pursuant to § 188-a
of the General Municipal Law, as amended, delegate to an officer or
officers of such Town designated by the Town Board for such purpose
any of the authority granted to such governing body by said Article
9-A of the General Municipal Law, as amended, in relation to the issuance,
amendment and cancellation of licenses, the conduct of investigations
and hearings, the supervision of the operation of the games, and the
collection and transmission of fees.
The making of any false statement in any application for a license
or in any statement annexed thereto, or any other violation of the
provisions of Article 9-A of the General Municipal Law, as amended,
or any violation of the terms of such a license, shall constitute
a misdemeanor, and shall subject the offender to forfeiture of licenses,
and shall render the offender ineligible to apply for a license for
one year thereafter, all pursuant to the provisions of § 195-j
of the General Municipal Law, as amended.
No person shall operate any game of chance and no game of chance
shall be conducted with any equipment except as authorized by § 195-c.1
of the General Municipal Law.
The Town Bingo and Games of Chance Inspector shall be required
to exercise control over all games of chance conducted under a duly
authorized license. The Inspector shall have all those powers and
duties set forth in and for the enforcement of Article 9-A of the
General Municipal Law.
This chapter shall be applicable to all territory within the
limits of the Town of Elmira, outside of the Village of Elmira Heights.
