This chapter is subject and subordinate to all the conditions
and provisions contained in Article 9-A of the General Municipal Law,
and amendments thereto, and any and all rules and regulations and
opinions adopted or to be adopted by the New York State Racing and
Wagering Board.
The Town Clerk is hereby delegated the authority granted to
the Town Board by Article 9-A of the General Municipal Law, entitled
"Local Option for Conduct of Games of Chance by Certain Organizations,"
in relation to the issuance, amendment and cancellation of licenses,
the conduct of investigations and hearings and the collection and
transmission of fees.
No person, firm, association, corporation or organization other
than an authorized organization licensed under the provisions of this
chapter shall be permitted to conduct games of chance within the territorial
limits of the Town of Hempstead.
[Amended 6-14-1977 by L.L. No. 58-1977, effective 7-14-1977]
A. Within seven days after the conclusion of any licensed period, the
authorized organization which conducted the games of chance, its members
who were in charge thereof and, when applicable, the authorized organization
which rented its premises therefor shall each furnish to the Town
Clerk and the State Board a statement subscribed by the member in
charge and affirmed by him as true, under the penalties of perjury,
showing the amount of the gross receipts derived therefrom; each item
of expense incurred or paid; each item of expenditure made or to be
made, other than prizes; the name and address of each person to whom
each item of expense has been paid or is to be paid, with a detailed
description of the merchandise purchased or the services rendered
therefor; the net proceeds derived from the conduct of the games of
chance during the licensed period and the use to which such proceeds
have been or are to be applied; and a list of the prizes and the values
thereof offered or given. The authorized organization shall, at the
same time, furnish to the officer and to the Treasurer of Nassau County
a copy of the summary of admissions and receipts (control summary)
which is included in the foregoing statement. It shall be the duty
of each licensee to maintain and keep such books and records as may
be necessary to substantiate the particulars of each statement of
receipts.
B. Upon filing the statement of receipts, the authorized organization
furnishing same shall pay to the Treasurer of Nassau County, as and
for an additional license fee, a sum based upon the reported net proceeds,
if any, for the licensed period covered by the statement and determined
in accordance with the schedule as shall be established from time
to time by the State Board to defray the actual cost to the County
of Nassau of administering the provisions of this chapter; but said
additional license fee shall not exceed 5% of the net proceeds for
said licensed period.
C. Examination of records.
(1) The officer, Town Clerk and State Board shall have the power to examine
or cause to be examined the books and records of:
(a)
Any authorized organization which is or has been licensed to
conduct games of chance, as far as they may relate to games of chance,
including the maintenance, control and disposition of the net proceeds
derived from games of chance or from the use of its premises for games
of chance, and to examine any manager, officer, director, agent, member
or employee thereof under oath in relation to the conduct of any games
of chance under any license, the use of its premises for games of
chance or the disposition of the net proceeds derived from games of
chance, as the case may be.
(b)
Any authorized games of chance lessor, as far as the same may
relate to leasing premises for games of chance, and to examine said
lessor or any manager, officer, director, agent or employee thereof
under oath in relation to said leasing.
(2) Any information so received shall not be disclosed except for the
purpose of carrying out the provisions of this chapter.