[HISTORY: Adopted by the Town Board of the Town of Kingsbury 2-28-1958, (Ch. 38 of
the 1983 Code). Amendments noted where applicable.]
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.
A bingo game that is played in conjunction with one or more
regular or special bingo games, and is designated as a bonus ball
game by the licensed authorized organization during one or more consecutive
bingo occasions, in which a prize is awarded to the player obtaining
a specified winning bingo pattern when the last number called by the
licensed authorized organization is the designated bonus ball number.
The bonus ball prize shall be based upon a percentage of the sales
from opportunities to participate in bonus ball games not to exceed
75% of the sum of money received from the sale of bonus ball opportunities
or $6,000, whichever shall be less, and which is not subject to the
prize limits imposed by §§ 479(5) and (6) and § 481(1)(a)
of the New York State General Municipal Law. The percentage shall
be specified both in the application for the bingo license and the
license. Notwithstanding General Municipal Law § 489, not
more than $1 shall be charged per player for an opportunity to participate
in all bonus ball games conducted during a single bingo occasion,
and the total amount collected from the sale of bonus ball opportunities
and the amount of the prize to be awarded shall be announced prior
to the start of each bingo occasion.
[Added 2-11-2008 by L.L. No. 1-2008]
The State Lottery Control Commission.[1]
A bingo game which is played as a special game, conducted
not more than twice during a bingo occasion, in which prizes are awarded
based upon a percentage not to exceed 75% of the sum of money received
from the sale of the early bird cards and which is neither subject
to the prize limits imposed by §§ 479(5) and (6) and
481(1)(a) of the New York State General Municipal Law nor the special
game opportunity charge limit imposed by § 489 of the General
Municipal Law. The percentage shall be specified both in the application
for the bingo license and the license. Not more than $1 shall be charged
per card, with the total amount collected from the sale of the early
bird cards and the prize for each game to be announced before the
commencement of each game.
[Added 2-11-2008 by L.L. No. 1-2008]
A license issued pursuant to the provisions of this chapter.
A bingo card on which prizes are awarded, which card is selected
by the player, containing five designated numbers, colors or symbols
corresponding to the letters B, I, N, G and O, displayed on the bingo
board of the bingo premises operator, which can be played concurrently
with the other bingo cards played during the game of bingo.
[Added 2-11-2008 by L.L. No. 1-2008]
[1]
Editor's Note: The term "Control Commission" was redefined
by Chapter 46 of the Laws of 1977 to mean the State Racing and Wagering
Board. See § 476 of the General Municipal Law, as amended.
It shall be lawful for any authorized organization, upon obtaining
a license therefor as hereinafter provided, to conduct the game of
bingo within the territorial limits of the Town of Kingsbury, subject
to the provisions of this chapter and the provisions of Article 14-H
(§§ 475 through 499) of the General Municipal Law and
the provisions of the State Lottery Control Law.[1]
[1]
Editor's Note: The State Lottery Control Law was amended
to become the State Bingo Control Law by Chapter 437 of the Laws of
1962. Subsequently Chapter 7 of the Laws of 1964 amended the State
Bingo Control Law to become the Bingo Control Law. See Article 19-B
of the Executive Law, § 430 et seq.
A.Â
Each applicant shall file with the Town Clerk of the Town of Kingsbury
a written application in the form prescribed in the rules and regulations
of the Control Commission duly executed and verified.
B.Â
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, Chapter 854
of the Laws of 1957[1] and the rules and regulations of the Control Commission,
if such license is granted.
[1]
Editor's Note: See Article 14-4 of the General Municipal
Law, § 475 et seq.
C.Â
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.
Any game or games licensed hereunder shall be subject 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.Â
No person, firm, association, corporation or organization, other
than an authorized organization licensed under the provisions of this
chapter, shall be permitted to conduct such games.
B.Â
The entire net proceeds of any game or games shall be exclusively
devoted to the lawful purposes of the organization permitted to conduct
the same.
C.Â
No prize shall exceed the sum or value of $1,000 in any single game
of bingo.
[Amended 2-11-2008 by L.L. No. 1-2008]
D.Â
No series of prizes on any one bingo occasion shall aggregate more
than $3,000.
[Amended 2-11-2008 by L.L. No. 1-2008]
E.Â
No person except a bona fide member of such organization shall participate
in the management or operation of such game.
F.Â
No person shall receive any remuneration for participating in the
management or operation of any such game.
G.Â
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.Â
The Town Board of the Town of Kingsbury 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. Such investigation shall be made with the view to determining whether the applicant is duly qualified to be licensed under this chapter to hold, operate and conduct games of chance under the provisions of this chapter and the rules and regulations governing the holding, operation and conduct thereof in the Town of Kingsbury; that the member or members of the applicant designated in the application to hold, operate or conduct the games of chance, to hold, operate and conduct 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. If the said Town Board of the Town of Kingsbury 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; and that no prize will be offered and given in excess of the sum or value of $1,000 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 $3,000, it 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 established in Chapter 130, Fees, for each occasion upon which any games of chance are to be conducted under such license.
[Amended 12-28-1983 by L.L. No. 2-1983; 2-11-2008 by L.L. No. 1-2008]
B.Â
On or before the 30th day of each month, the Supervisor of the Town
of Kingsbury shall transmit to the State Comptroller a sum equal to
50% of all license fees collected by the Town of Kingsbury pursuant
to this section during the preceding calendar month.
C.Â
No license shall be issued under this chapter which shall be effective
for a period of more than one year.
A.Â
No application for a license hereunder shall be denied by the Town
Board except for good cause shown 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.Â
Any license issued under this chapter may be amended upon application
to the said Town Board, 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 Town Board of the Town of Kingsbury shall have and exercise
control and supervision over all games of chance held, operated or
conducted under such license, and such Town Board and the Control
Commission 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, §§ 475
to 499 of the General Municipal Law or the rules and regulations of
the Control Commission. The Town Board and the Control Commission
or any officer designated by them 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.
[Amended 5-30-1984 by L.L. No. 4-1984]
Such games may be held on any day provided for in such license,
and on Sunday said game can be conducted between the hours of 7:00
p.m. and 12:00 midnight.
No person under the age of 18 years is permitted to participate
in any game 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, 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, 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 § 480 of the
General Municipal Law 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.
[Amended 2-11-2008 by L.L. No. 1-2008]
Except in the conduct of limited period bingo, as defined in
General Municipal Law § 476(1) and as admission charges
are set forth in General Municipal Law § 489, not more than
$5 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 $5 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 $1,000 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 $3,000, 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 of
bingo.
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 by 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. An additional sign may be displayed on or
adjacent to the premises where the prize or prizes are displayed.
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 Clerk of the Town of Kingsbury
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, 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 Town Board of the Town of Kingsbury and the Control Commission
shall have 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 Town Board
of the Town of Kingsbury, 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 said Town Board a written notice of appeal within
30 days after the determination of action appealed from, and upon
the hearing of such appeal, the evidence, if any, taken before the
said Town Board, 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 Town 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 to prosecution or conviction for
violation of any provision of Article 130 of the Penal Law[1] 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.
[1]
Editor's Note: Article 130 of the former Penal Law of
1909 was superseded by Article 225 of the Penal Law of 1965, § 225
et seq.
Any person who 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 § 86-3 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 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 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.
This chapter may be amended, from time to time, or repealed
by the said Town Board, 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 affecting
such amendment or repeal, as the case may be. The approval of a majority
of the electors shall not be a condition prerequisite to the taking
effect of such local law or ordinance.
The Town Board of the Town of Kingsbury may delegate to an officer
or officers thereof designated by it for that purpose any of the authority
granted to it hereby in relation to the issuance, amendment and cancellation
of licenses, the conduct of investigations and hearings, the supervision
of the operation of the games and the collection and transmission
of fees.
The provisions of this chapter shall remain inoperative unless
and until a proposition therefor submitted at a general or special
election in the Town of Kingsbury shall be approved by a vote of the
majority of the qualified electors voting thereon. In the event that
such proposition is so approved, this chapter shall become effective
immediately after filing a copy thereof with the Control Commission.
