[HISTORY: Adopted by the Common Council of the City of Fulton as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-24-1958 by L.L. No. 1-1958; amended in its entirety 1-5-1971 by L.L. No. 1-1971 (Ch. 48 of the 1991 Code)]
The purpose of this article is to amend a local law adopted by the City of Fulton of Oswego County, New York, dated April 24, 1958, authorizing the conduct of bingo in such City, to change the references in such local law from Article 14-G of the General Municipal Law to Article 14-H of the General Municipal Law, as so renumbered by Chapter 438 of the Laws of 1962, and to set forth therein the following additional amended and renumbered restrictions concerning the conduct of the game of bingo by an authorized organization in such City of Fulton as required by § 479 of the General Municipal Law of the State of New York, as amended by Chapter 438 of the Laws of 1962:
No person, firm, association, corporation or organization, other than a licensee under the provisions of Article 14-H of the General Municipal Law, shall conduct such game or shall lease, or otherwise make available for conducting bingo, a hall or other premises for any consideration whatsoever, direct or indirect.
No bingo games 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.
No authorized organization licensed under the provisions of Article 14-H of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law or from another authorized organization.
Editor's Note: See Article 19-B of the Executive Law.
The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
No prize shall exceed the sum or value of $250 in any single game of bingo.
No series of prizes on any one bingo occasion shall aggregate more than $1,000.
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
No person shall receive any remuneration for participating in the management or operation of any game of bingo.
The unauthorized conduct of a bingo game and any willful violation of any provision of this article shall constitute and be punishable as a misdemeanor.
Pursuant to § 485 of the General Municipal Law, licensed organizations may conduct bingo on Sunday.
[Adopted 3-2-1982 (Ch. 86 of the 1991 Code)]
This article is enacted pursuant to the authority granted by the Laws of 1976, Chapter 960, which amended the General Municipal Law of the State of New York by adding a new Article 9-A thereto.
The New York State Legislature has declared in adopting Article 9-A of the General Municipal Law, entitled "Local Option for Conduct of Games of Chance by Certain Organizations," that 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 is in the public interest.
The Legislature of the State of New York has declared it to be the policy of said Legislature that all phases of the supervision, licensing and regulations of games of chance and the conduct of games of chance should be closely controlled and that the laws and regulations pertaining thereto should be strictly construed for the purpose of discouraging commercialism in such games and ensuring a maximum availability of the net proceeds of games of chance exclusively for the application of worthy causes.
The Common Council of the City of Fulton deems it in the best interests of the citizens of the City of Fulton that said games of chance should be permitted in the City of Fulton as authorized by Article 9-A of the General Municipal Law.
This article shall apply only within the corporate limits of the City of Fulton, County of Oswego, and State of New York.
All terms used herein shall be given their ordinary and common meaning, unless said terms are specifically defined by Article 9-A of the General Municipal Law or the rules and regulations of the State of New York Racing and Wagering Board.
This article shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law and the rules and regulations of the State of New York Racing and Wagering Board adopted pursuant to said Article 9-A, except as otherwise provided in this article, and all amendments to the provisions of said Article 9-A or said rules and regulations are hereby deemed to be incorporated into this article to the extent such amendments are otherwise applicable to games of chance authorized under this article.
[Amended 12-1-2009 by L.L. No. 6-2009]
Authorized organizations may, upon obtaining a license from the Clerk/Chamberlain, conduct games of chance within the corporate limits of the City of Fulton. Such games of chance shall be conducted in accordance with the laws of the State of New York and the rules and regulations adopted by the New York State Racing and Wagering Board and pursuant to this article.
Editor's Note: Original § 31B-7, Incorporation of statutory provisions and rules and regulations, of the 1965 Compilation, which immediately followed this section, was repealed 10-30-1991 by L.L. No. 4-1991.
Games of chance may be conducted on the first day of the week, commonly known and designated as "Sunday," pursuant to this article, but only between the hours of 12:00 noon and 12:00 midnight of the next succeeding day, commonly known as "Monday."
The Chief of Police of the City of Fulton shall exercise control over and supervision of all games of chance conducted under a duly authorized license, and the Chief of Police shall have all the powers and duties set forth in § 194 of the General Municipal Law for the enforcement of Article 9-A of the General Municipal Law.
Any violation of Article 9-A of the General Municipal Law of the State of New York, the rules and regulations of the State of New York Racing and Wagering Board as they apply to games of chance, or of this article shall constitute a misdemeanor and shall cause the forfeiture of any license issued pursuant to this article and shall cause the licensee to be ineligible to apply for a license to conduct games of chance for a minimum period of one year after the conviction, all pursuant to § 195-j of the General Municipal Law.
This article shall become effective:
Upon the approval of said article by a majority of the electors voting on a proposition submitted at a general or special election held within such municipality who are qualified to vote for offices of such municipality, pursuant to § 188, Subdivision 2, of the General Municipal Law.
Editor's Note: This article was passed at referendum on 4-13-1982.
Upon filing with the State of New York Racing and Wagering Board a certified copy of said article within 10 days after its adoption as provided above.