This chapter shall be cited and may be referred to as the "City
of Yonkers Games of Chance Licensing Law."
This chapter is enacted pursuant to Article 9-A of the General
Municipal Law.
This chapter shall be applicable to all territory within the
limits of the City of Yonkers.
As used in this chapter, the following terms shall have the
meanings indicated:
AUTHORIZED GAMES OF CHANCE LESSOR
An authorized organization which has been granted a lessor's
license pursuant to the provisions of Article 9-A of the General Municipal
Law or this chapter of the Code of the City of Yonkers.
AUTHORIZED ORGANIZATION
A.
Includes any bona fide religious or charitable organization
or bona fide educational 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 chapter, 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 chapter for a period of three years immediately prior to applying
for a license under this chapter.
B.
No organization shall be deemed an "authorized organization"
which is formed primarily for the purpose of conducting games of chance
and the distribution of the proceeds thereof to itself or any other
organization and which does not devote at least 75% of its activities
to other purposes set forth in this chapter. No political party shall
be deemed an "authorized organization."
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
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 in this chapter 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 which has previously obtained an identification number
shall be sold or leased to any licensed authorized organization without
written permission from the Board.
BOARD
The New York State Racing and Wagering Board.
CLERK
The Clerk of the City of Yonkers.
GAMES OF CHANCE
Includes specific games of chance 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," which are controlled under Article 14-H
of the General Municipal Law, and also not including slot machines,
bookmaking and policy or numbers games, as defined in § 225.00
of the Penal Law. No "game of chance" shall involve wagering of money
by one player against another player.
GAMES OF CHANCE CURRENCY
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.
LAWFUL PURPOSES
One or more of the following causes, deeds or activities:
A.
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
by increasing their comprehension of and devotion to the principles
upon which this nation was founded and enhancing their loyalty to
their governments.
B.
Those which shall initiate, perform or foster worthy public
works or shall enable or further the erection or maintenance of public
structures.
C.
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.
LICENSE PERIOD
A period of time, not to exceed 14 consecutive hours, during
which authorized games of chance commence and terminate.
NET LEASE
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 authorized games of
chance lessor for which the lessee pays rent to the lessor.
NET PROCEEDS
A.
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
or Department.
B.
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.
OFFICER
The Commissioner of Police, City of Yonkers, and any of his
officers.
ONE OCCASION
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 Subdivision 8 of § 189 of the General
Municipal Law, as the case may be. For purposes of the game of chance
known as "merchandise wheels," "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.
OPERATION
The play of a single type of game of chance necessary to
determine the outcome or winners each time wagers are made.
PREMISES
A designated area within a building, hall, tent or grounds
reasonably identified for the conduct of games of chance. Nothing
in this chapter shall require such area to be enclosed.
SERIES OF PRIZES
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 values of merchandise awarded as
single prizes during the successive operations of any single merchandise
wheel.
SINGLE PRIZE
The sum of money or actual value of merchandise awarded to
a participant by a games of chance licensee in any operation of a
single type of game of chance in excess of his wager.
SINGLE TYPE OF GAME
The game of chance known as "merchandise wheels" and each
other specific game of chance authorized by the Board, regardless
of the number of merchandise wheels and locations at which such other
single type of game of chance may be conducted.
It shall be lawful for any authorized organization as defined
in Article 9-A of the General Municipal Law, upon obtaining a license
as provided for thereunder and complying with all other rules and
regulations, powers and duties of the New York State Racing and Wagering
Board, and all other rules and regulations as set forth in Article
9-A of the General Municipal Law, to conduct a game or games of chance
in the territory of the City of Yonkers.
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 game of chance conducted
pursuant to any license issued under this chapter or pursuant to Article
9-A of the General Municipal Law.
No games or games of chance shall be conducted under any license
issued under this chapter more often 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 2:00 a.m. closing period shall also apply to a legal
holiday.
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 officer
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
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 3-13-1984 by L.L. No. 4-1984]
A licensee may advertise the conduct of games of chance to the
general public by means of newspaper, circular, handbill and poster,
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 fire-fighting 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 or
Department and the date, location and time of the event.
Any person, association, 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 or in violation
of any other terms and conditions or other applicable provisions of
said Article 9-A of the General Municipal Law shall constitute a misdemeanor
and shall forfeit any license issued under this chapter; shall forfeit
any license issued hereunder; and shall be subject to any and all
other penalties set forth in Article 9-A of the General Municipal
Law.
The enforcement officer of the provisions of this chapter shall
be the Commissioner of Police of the City of Yonkers and his officers.
This chapter may be amended from time to time or repealed by
the City Council of the City of Yonkers by a two-thirds vote of said
City Council, and such amendment or repeal, as the case may be, may
be effective and operative not earlier than 30 days following the
date of enactment of the ordinance affecting such amendment or repeal,
and the approval of a majority of electors of the City of Yonkers
shall not be a condition prerequisite to the taking effect of such
local law.