[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:
A.Â
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.
B.Â
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.
C.Â
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[1] or from another authorized organization.
[1]
Editor's Note: See Article 19-B of the Executive Law.
D.Â
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.
E.Â
No prize shall exceed the sum or value of $250 in any single game
of bingo.
F.Â
No series of prizes on any one bingo occasion shall aggregate more
than $1,000.
G.Â
No person except a bona fide member of any such organization shall
participate in the management or operation of such game.
H.Â
No person shall receive any remuneration for participating in the
management or operation of any game of bingo.
I.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.[1]
[1]
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:
A.Â
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.[1]
[1]
Editor's Note: This article was passed at referendum
on 4-13-1982.
B.Â
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.
