[HISTORY: Adopted by the Board of Trustees of the Village
of Warsaw 2-15-1965 as Ch. 10 of the 1965 Code of the Village of Warsaw. Sections 48-2,
48-5A and 48-18 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village
of Warsaw Bingo Licensing Ordinance."
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.
Chapter 438 of the Laws of the State of New York of 1962.[2]
A.
The conduct of bingo games authorized by this chapter shall be subject
to the following restrictions:
(1)
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.
[Added 4-1-1963]
(2)
No bingo game 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.
[Added 4-1-1963]
(3)
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.
[Added 4-1-1963]
[1]
Editor's Note: See Executive Law § 430 et seq.
(4)
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.
[Added 4-1-1963]
(5)
No prize shall exceed the sum or value of $250 in any single game
of bingo.
[Amended 4-1-1963]
(6)
No series of prizes on any one bingo occasion shall aggregate more
than $1,000.
[Amended 4-1-1963]
(7)
No person except a bona fide member of any such organization shall
participate in the management or operation of such game.
(8)
No person shall receive any remuneration for participating in the
management or operation of any game of bingo.
[Amended 4-1-1963]
B.
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.
Each applicant for a license shall file with the Village Clerk a
written application therefor in the form prescribed in the rules and
regulations of the control commission, duly executed and verified,
in which shall be stated the name and address of the applicant, together
with sufficient facts relating to its incorporation and organization
to enable the Village Clerk to determine whether or not it is a bona
fide authorized organization; the names and addresses of its officers;
the specific kinds of games of chance intended to be held, operated
and conducted by the applicant; and the place or places where and
the date or dates and the time or times when such games of chance
are intended to be held, operated and conducted by the applicant under
the license applied for; the items of expense intended to be incurred
or paid in connection with the holding, operating and conducting of
such games of chance and the names and addresses of the persons to
whom and the purpose for which they are to be paid; the specific purposes
to which the entire net proceeds of such games of chance are to be
devoted and in what manner; that no commission, salary, compensation,
reward or recompense will be paid to any person for holding, operating
or conducting such game or games of chance or for assisting therein
except as in this chapter otherwise provided; and that no prize or
aggregate of prizes will be offered or given under such license of
a value in excess of the sum or value authorized to be offered or
given by this chapter; and a description of all prizes to be offered
and given in all such games of chance to be held, operated and conducted
under such license and such other information as shall be prescribed
by such rules and regulations.
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 to the application shall be appended a statement executed
by the applicant and by the member or members so designated that he
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 the rules and regulations governing the holdings,
operation and conduct of such games of chance and of this chapter,
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, operating or conducting
thereof, is to be leased from any person, persons or corporation,
a written statement shall accompany the application signed and verified
under oath by such person or persons or executed and verified under
oath on behalf of such corporation, stating his or its address and
the amount of rent which will be paid for such premises and that such
lessor or lessors or, if a corporation, all of its officers and each
of its stockholders who hold 10% or more of its stock, issued and
outstanding, are of good moral character and have not been convicted
of a crime.
A.
The Village Clerk shall make or cause to be made an investigation
of the qualifications of each applicant and the merits of each application,
with due expedition after the filing of the application. If he shall
determine that the applicant is duly qualified to be licensed under
this chapter to hold, operate and conduct the games of chance under
the provisions of this chapter and the rules and regulations governing
the holding, operation and conduct thereof in the village; that the
member or members of the applicant designated in the application to
hold, operate or conduct the games of chance which the license was
applied for are bona fide active members of the applicant and are
persons of good moral character and have never been convicted of a
crime; that such games of chance are to be held, operated and conducted
in accordance with the provisions of this chapter and in accordance
with the rules and regulations governing the holding, operation and
conduct thereof and that the proceeds thereof are to be disposed of
as provided by this chapter, and, if the Village Clerk is satisfied
that no commission, salary, compensation, reward or recompense whatever
will be paid or given to any person holding, operating or conducting
or assisting in the holding, operation and conduct of any such games
of chance except as in this chapter otherwise provided; that no prize
will be offered and given in excess of the sum or value of $250 in
any single game of chance; and that the aggregate of all prizes offered
and given in all of such games of chance held, operated and conducted
on a single occasion under said license shall not exceed the sum or
value of $1,000, he shall issue a license to the applicant for the
holding, operation and conduct of the specific kinds of games of chance
applied for, accordingly, upon payment of a license fee or fees of
$18.75 for each occasion upon which any games of chance are to be
conducted under such license.[1]
B.
On or before the 30th day of each month, the Village Clerk shall
transmit to the State Comptroller a sum equal to 50% of all license
fees collected by the village pursuant to this section during the
preceding calendar month.
C.
No license for the holding, operation and conduct of any game or
games of chance shall be issued under this chapter which shall be
effective for a period of more than one year.
A.
No application for the issuance of a license shall be denied by the
Village 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
of the applicant and the merits of the application.
B.
Any license issued under this chapter may be amended, upon application
made to the Village Clerk, 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 shall be in such form as shall be prescribed in
the rules and regulations promulgated by the control commission and
shall contain a description of the kind of games of chance authorized
to be held, operated and conducted thereunder; a statement of the
name and address of the licensee; of the names and addresses of the
member or members of the licensee under whom such games of chance
will be held, operated and conducted; of the number of times or the
hours during which such games of chance are authorized to be conducted;
and the place or places where and the date or dates and time or times
when such games of chance are to be conducted; and of the specific
purposes to which the entire net proceeds of such games of chance
are to be devoted; if any prize or prizes are to be offered and given
in cash, a statement of the amounts of the prizes authorized so to
be offered and given; and any other information which may be required
by said rules and regulations to be contained therein. Each license
issued for the conduct of any game or games of chance shall be conspicuously
displayed at the place where the same is to be conducted at all times
during the conduct thereof.
The Board of Trustees shall have and exercise control and supervision
over all games of chance held, operated or conducted under such license
to the end that the same are fairly held, operated and conducted in
accordance with the provisions of such license, the rules and regulations
promulgated by the control commission and the provisions of this chapter
governing the holding, operation and conduct of the same, and the
Board of Trustees and the control commission shall have the power
and the authority to suspend any license issued by the Village Clerk
and to revoke the same after notice and hearing for violation of any
such provision, and the Board of Trustees, or any village officer
or village officers designated by it, shall have the right of entry
at all times into any premises where any such game of chance is being
held, operated and conducted or where it is intended that any such
game of chance shall be held, operated and 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.
No games of chance shall be conducted under any license issued
under this chapter on the first day of the week, commonly known and
designated as "Sunday."
No persons 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 oftener than on six days
in any one calendar month or 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 an organization or association of which such licensee is an auxiliary or a member of an 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. 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. 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 § 48-4 of this chapter or which is in excess of the sum stated as the rental to be charged therefor in such statement. 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. 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 and
additional signs may be displayed upon any fire-fighting equipment
belonging to any licensee which is a volunteer fire company or upon
any first aid or rescue squad equipment belonging to any licensee
which is a first aid or rescue squad in and throughout the community
or communities served by such volunteer fire company or such first
aid or rescue squad, as the case may be.
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 Village 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 and 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. 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 Board of Trustees 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 Village Clerk, to
whom such application has been made or by whom such license has been
issued, or by any action of the Board of Trustees may appeal to the
control commission from the determination of said Village Clerk or
the Board of Trustees by filing with the Village Clerk or the Board
of Trustees, as the case may be, a written notice of appeal within
30 days after the determination or action appealed from. Upon the
hearing of such appeal, the evidence, if any, taken before the Village
Clerk or the Board of Trustees 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 said Village Clerk or the Board
of Trustees and all parties to said appeal.
No person or corporation lawfully conducting or participating
in the conduct of or 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 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 § 48-4 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 games of chance under any such license or shall falsify or make any false entry in any book of record so far as they relate to any transaction connected with the holding, operating or 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.
The provisions of this chapter shall remain inoperative in this
village unless and until a proposition therefor submitted at an annual
or a special election in this village shall be approved by a vote
of the majority of the qualified electors in this village voting thereon.[1]
[1]
Editor's Note: This chapter was approved at referendum
by a majority of the qualified electors voting thereon on 5-6-1958.
This chapter may be amended from time to time or repealed by
the Board of Trustees, 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 ordinance effecting such amendment or
repeal, as the case may be. The approval of the majority of the electors
of this village shall not be a condition prerequisite to the taking
effect of such ordinance.
In the event that any provisions of this chapter or any amendment
thereto conflict with state law or any amendment thereto, then the
applicable provisions of state law shall prevail, except to the extent
that this chapter or any amendment thereto includes provisions
imposing restrictions upon the conduct of such games in addition to
the restrictions of state law.
