[HISTORY: Adopted by the Town Board of the Town of Poestenkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-24-1963; amended in its entirety 11-13-1972 (Ch. 57 of the 1986 Code)]
Pursuant to Subdivision 2 of § 9 of Article I of the State Constitution, it shall be lawful for any authorized organization, as defined in § 476 of Article 14-H of the General Municipal Law, upon obtaining the required license, to conduct bingo games within the territorial limits of the Town of Poestenkill, subject to the provisions of this article, Article 14-H of the General Municipal Law, Article 19-B of the Executive Law, the rules and regulations of the State Bingo Commission, and the following authorizations and restrictions.
The conduct of bingo is expressly authorized on the first day
of the week commonly known and designated as Sunday, and all licenses
issued pursuant to this article for the holding, operating and conducting
of bingo shall expressly permit the conduct of bingo on Sunday.
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.
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 person, except a bona fide member of any such organization,
shall participate in the management or operation of such game.
No person licensed to sell bingo supplies or equipment, or his
agents, shall conduct, participate in, or assist in the conduct of
bingo. Nothing herein shall prohibit a licensed distributor from selling,
offering for sale, or explaining a product to an authorized organization
or installing or servicing bingo equipment upon the premises of a
bingo game licensee.
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.
[Adopted 8-10-1978 by L.L. No. 2-1978, approved at referendum
11-7-1978 (Ch. 91 of the 1986 Code)]
This article is enacted pursuant to the authority of Article
9-A of the General Municipal Law and shall be known as the "Games
of Chance Law of the Town of Poestenkill."
A.
The words and terms used in this article shall have the same meanings
as such words and terms are used in Article 9-A of the General Municipal
Law, unless otherwise provided herein or the context requires a different
meaning.
Games of chance may be conducted in the Town by an authorized
organization, after obtaining a license therefor, in accordance with
the provisions, requirements and limitations of Article 9-A of the
General Municipal Law, the rules and regulations of the New York State
Racing and Wagering Board and this article.
The conduct of games of chance on Sundays is authorized, provided
that an authorized organization makes a request for the same in or
with its application for a license and the license issued specifically
provides for holding games of chance on Sunday.
