[HISTORY: Adopted by the City Council of the City of Yonkers 6-24-1958 by L.L. No.
5-1958.[1] Amendments noted where applicable.]
[1]
This local law was approved at referendum 11-4-1958.
As used in this chapter, unless the context requires otherwise,
the following terms shall have the following meanings:
Includes only bona fide religious, charitable or nonprofit
organizations of veterans, volunteer firemen and similar nonprofit
organizations.
Includes a specific game of chance, commonly known as "bingo"
or "lotto," in which prizes are awarded on the basis of designated
numbers or symbols on a card conforming to numbers or symbols selected
at random.
The State Racing and Wagering Board.[1]
A license issued pursuant to the provisions of this chapter.
[Amended 10-10-1963 by L.L. No. 18-1963]
It shall be lawful for any organization, upon obtaining a license
therefor as hereinafter provided, to conduct the game of bingo within
the territorial limits of the City of Yonkers, subject to the provisions
of this chapter and the provisions of Article 14-H of the General
Municipal Law.
A.
Each applicant shall file with the City Clerk of the City of Yonkers
a written application, in the form prescribed in the rules and regulations
of the Control Commission, duly executed and verified.
B.
In each application, there shall be designated an active member or
members of the applicant organization under whom the game or games
of chance described in the application are to be held, operated and
conducted, and there shall be appended to the application a statement,
executed and verified by the applicant and by the member or members
so designated, that he, she or they will be responsible for the holding,
operation and conduct of such games of chance in accordance with the
terms of the license and the provisions of this chapter, Article 14-H
of the General Municipal Law and the rules and regulations of the
Control Commission, if such license is granted.
C.
In the event that any premises upon which any such game of chance
is to be held, operated or conducted, or which is to be used for any
other purpose in connection with the holding, operation or conduct
thereof, is to be leased or rented from any person, persons or corporations,
the application shall be accompanied by a written statement, signed
and verified under oath by such person or persons or on behalf of
such corporation, stating his or its address, the amount of rent to
be paid for such premises and stating that such lessor, lessors or,
if a corporation, all of its officers and each of its stockholders
who hold more than 10% or more of its stock issued and outstanding
are of good moral character and have not been convicted of a crime.
[Amended 10-10-1963 by L.L. No. 18-1963]
Any game or games licensed hereunder shall be subjected to the
following restrictions in addition to such other restrictions as may
be provided herein or contained in the rules and regulations of the
Control Commission:
A.
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.
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.
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 Art. 19-B of the Executive Law.
D.
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.
No prize shall exceed the sum or value of $250 in any single game
of bingo.
F.
No series of prizes on any one bingo occasion shall aggregate more
than $1,000.
G.
No person except a bona fide member of any such organization shall
participate in the management or operation of such game.
H.
No person shall receive any remuneration for participating in the
management or operation of any game of bingo.
I.
The unauthorized conduct of a bingo game and any willful violation
of any provision of this chapter shall constitute and be punishable
as a misdemeanor.
A.
The City Clerk of the City of Yonkers shall cause to be investigated
the qualifications of each applicant and the merits of each application
with due expedition after the filing of the application. The City
Clerk shall deliver to the Police Commissioner the application, together
with the supporting documents therefor and a detailed report of the
results of his investigation, including the due qualification of the
applicant to be licensed, the relationship of the members under whom
such games are to be conducted with the applicant, whether such persons
are of good moral character or have ever been convicted of a crime,
whether the conduct of such games will comply with all the provisions
of law and rules and regulations applicable thereto, whether a commission,
salary, compensation, reward or recompense of any nature will be paid
to any person conducting or assisting in conducting such games of
chance, whether a prize will be offered or given in excess of the
sum or value of $250 in any single game or an aggregate of all prizes
given in a series of games on a given occasion will exceed the sum
or value of $1,000 and such other questions or inquiries as the Police
Commissioner may direct.
B.
If the Police Commissioner shall determine that the requisite conditions
have been met by the applicant, he shall issue a license to the applicant
for the holding, operation and conduct of the specific kinds of games
of chance applied for upon payment of a license fee or fees of $10
for each occasion upon which any games of chance are to be conducted
under such license, which fees are to be paid to the Comptroller of
the City of Yonkers.
C.
On or before the 30th day of each month, the Comptroller of the City
of Yonkers shall transmit to the State Comptroller a sum equal to
50% of all license fees collected by the City of Yonkers pursuant
to this section during the preceding calendar month.
D.
No license shall be issued under this chapter which shall be effective
for a period of more than one year.
No application for a license hereunder shall be denied by the
Police Commissioner until after a hearing, held on due notice to the
applicant, at which the applicant shall be entitled to be heard, upon
the qualifications of the applicant and the merits of the application.
Any license issued under this chapter may be amended upon application
to the Police Commissioner if the subject matter of the proposed amendment
could lawfully and properly have been included in the original license
and upon the payment of such additional license fee, if any, as would
have been payable if it had been so included.
Each license shall be in such form as shall be prescribed in
the rules and regulations promulgated by the Control Commission.
The Police Commissioner shall have and exercise control and
supervision over all games of chance held, operated or conducted under
such license and shall have the power and authority to suspend any
such license and, after notice and hearing, to revoke the same for
violation of any provision of such license, this chapter, Article
14-H of the General Municipal Law or the rules and regulations of
the Control Commission. The Police Commissioner or any officer designated
by him shall have the right of entry at all times into any premises
where any such game of chance is being held, operated or conducted
or where it is intended that any such game of chance shall be held,
operated or 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.
A.
Such games may be held on any day provided for in such license.
B.
The conduct of bingo games after 6:00 p.m. on Sunday in the City
of Yonkers is hereby authorized, pursuant to Article 14-H of the General
Municipal Law, subject to the provisions and limitations contained
in this chapter.
[Added 3-12-1968 by G.O. No. 14-1968]
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated or conducted pursuant
to any license issued under this chapter unless accompanied by an
adult.
No game or games of chance shall be held, operated or conducted
under any license issued under this chapter more often than on six
days in any one calendar month nor in any room or outdoor area where
alcoholic beverages are sold or served during the progress of the
game or games.
No person shall hold, operate or conduct any game or 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 or games of chance under such license except such an active member or a member of an organization or association which is an auxiliary to the licensee or a member of any organization or association of which such licensee is an auxiliary or a member of any organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association, and except bookkeepers or accountants as hereinafter provided; and no such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee; and no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any game of chance held, operated or conducted pursuant to any license issued under this chapter, except such as are bona fide items of reasonable amount for goods, wares and merchandise furnished or services rendered which are reasonably necessary to be purchased or furnished for the holding, operating or conducting thereof under any circumstances whatever; no rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance thereon or for any other purpose in connection with the holding, operating or conducting thereof unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 35-3 of this chapter or which is in excess of the sum stated as the rental to be charged therefor in such statement; and no commission, salary, compensation, reward or recompense whatever shall be paid or given, directly or indirectly, to any person holding, operating or conducting or assisting in the holding, operation or conduct of any game of chance so held, operated or conducted, except that reasonable compensation may be paid to bookkeepers or accountants for bookkeeping or accounting services rendered according to a schedule of compensation prescribed by the rules of the Control Commission.
Not more than $1 shall be charged by any licensee for admission
to any room or place in which any game or games of chance are to be
held, operated and conducted under any license issued under this chapter,
which admission fee, upon payment thereof, shall entitle the person
paying the same to a card entitling him to participate without additional
charge in all regular games of chance to be played under such license
on such occasion, and no charge in excess of $1 shall be made for
a single opportunity to participate in all special games to be played
under such license on such occasion. No prize greater in amount or
value than $250 shall be offered or given in any single game conducted
under any such license, and the aggregate amount or value of all prizes
offered or given in all games played on a single occasion shall not
exceed $1,000, and all winners shall be determined and all prizes
shall be awarded in any game played on any occasion 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 such game.
No game of chance to be conducted under any license issued under
this chapter 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,
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 where the
game will be played, and an additional sign may be displayed on or
adjacent to the premises where the prize or prizes are displayed.
Within 15 days after the conclusion of the holding, operating
and conducting of any such game of chance, the authorized organization
which held, operated or conducted the same, and its members who were
in charge thereof, shall furnish to the City Clerk a duly verified
statement showing the amount of the gross receipts derived from each
game of chance, which shall include receipts from the sale of shares,
tickets or rights in any manner connected with participation in said
game or the right to participate therein, each item of expense incurred
or paid and each item of expenditure made or to be made, the name
and address of each person to whom each such item has been paid or
is to be paid, with a detailed description of the merchandise purchased
or the services rendered therefor, the net profit derived from each
such game of chance, the use to which such net profit has been or
is to be applied and a list of prizes offered and given, with the
respective values thereof, and it shall be the duty of such licensee
to maintain and keep such books and records as may be necessary to
substantiate the particulars of each such report.
The Police Commissioner and the Control Commission shall have
the power to examine or cause to be examined the books and records
of any authorized organization to which any such license is issued
so far as they may relate to any transactions connected with the holding,
operating and conducting of any game of chance thereunder and to examine
any manager, officer, director, agent, member or employee thereof
under oath in relation to the conduct of any such game of chance under
any such license, but 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 City, its officers
or agents concerning an application which has been made or a license
which has been issued may appeal to the Control Commission from the
determination of the City, its officers or agents by filing with the
Police Commissioner a written notice of appeal within 30 days after
the determination or action appealed from; and upon the hearing of
such appeal, the evidence, if any, taken before the Police Commissioner
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 Control Commission upon said appeal shall be binding upon the
City and all parties to said appeal.
No persons or corporation lawfully conducting or participating
in the conduct of; possessing, selling or in any manner disposing
of any shares, tickets or rights to participate in; or permitting
the conduct upon any premises owned by him or it of any game of chance
conducted or to be conducted under any license lawfully issued pursuant
to this chapter shall be liable to prosecution or conviction for violation
of any provision of Article 225 of the Penal Law or any other law
or ordinance to the extent that such conduct is specifically authorized
by this chapter, but this immunity shall not extend to any person
or corporation knowingly conducting or participating in the conduct
of any game of chance under any license obtained by any false pretense
or statement made in any application for such license or otherwise
or possessing, selling or disposing of shares, tickets or rights to
participate in or permitting the conduct upon any premises owned by
him or it of any game of chance conducted under any license known
to him or it to have been obtained by any such false pretense or statement.
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto or shall pay any rental for the use of any premises for holding, operating or conducting any game of chance under this chapter or for any other purpose in connection with the holding, operating or conducting thereof, unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 35-3 of this chapter, or shall pay or receive any sum for such rental in excess of the sum stated as the rental to be charged therefor in such statement executed by him or on its behalf, or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of any games of chance under any such license, or shall falsify or make any false entry in any book or record so far as they relate to any transaction connected with the holding, operating and conducting of any game of chance under any such license, or shall violate any of the provisions of this chapter or of any term of such license shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one year thereafter.
This chapter may be amended from time to time or repealed by
the City Council, and such amendment or repeal, as the case may be,
may be made effective and operative not earlier than 30 days following
the date of enactment of the local law or ordinance effecting such
amendment or repeal, as the case may be; and the approval of a majority
of the electors shall not be a condition prerequisite to the taking
effect of such local law or ordinance.
