[HISTORY: Adopted by the Town Board of the Town of Lowville 10-19-2000 by L.L. No.
2-2000. Amendments noted where applicable.]
This chapter shall be known as "the Games of Chance Law of the
Town of Lowville."
No person, firm, partnership, corporation or organization within
the territorial limits of the Town of Lowville shall, own, operate,
conduct, or permit upon their premises "games of chance" as that term
is defined by Article 9-A of the General Municipal Law, except in
compliance with the provisions of this chapter, Article 9-A of the
General Municipal Law and the rules and regulations issued by the
New York State Racing and Wagering Board.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any bona fide religious or charitable organization
or bona fide educational, fraternal or service organization or bona
fide organization of veterans or volunteer firemen, which by its charter,
certificate of incorporation, constitution, or act of the legislature,
shall have among its dominant purposes one or more of the lawful purposes
as defined in Article 9-A of the General Municipal Law, provided that
each shall operate without profit to its members, and provided that
each such organization has engaged in serving one or more of the lawful
purposes as so defined for a period of three years immediately prior
to applying for a license.
Includes only the games known as "merchandise wheels," "coin
boards," "merchandise boards," "seal cards," "raffles," and "bell
jars" and such other specific games as may be authorized by the Board,
in which prizes are awarded on the basis of a designated winning number
or numbers, color or colors, symbol or symbols determined by chance,
but not including games commonly known as "bingo or lotto" which are
controlled under Article 14-H of the General Municipal Law and also
not including "slot machines," "bookmaking," "policy or numbers games"
and "lottery" as defined in § 225 of the Penal Law. No game
of chance shall involve wagering of money by one player against another
player.
A.Â
An authorized organization may conduct game(s) of chance within the
Town of Lowville only upon obtaining a license for such game(s) from
the Town Clerk, upon such forms as may be required by the Town Board
and/or the New York State Racing and Wagering Board.
B.Â
A license issued by the Town Clerk shall be effective for no longer
than one year from the date of issuance.
A.Â
The conduct of games of chance in the Town of Lowville shall be subject
to the restrictions imposed by § 189 of the General Municipal
Law.
B.Â
Hours of operation. Games of chance shall be conducted only between
the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday
and Thursday, and only between the hours of 12:00 noon on Friday and
2:00 a.m. Saturday, and only between the hours of 12:00 noon on Saturday
and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply
to a legal holiday. Except for the games known as "bell jar" and/or
"raffle," no game of chance shall otherwise be held, operated or conducted
under any license issued under this chapter on the first day of the
week, commonly known as Sunday.
C.Â
Notwithstanding the foregoing, no games of chance shall be conducted
on Easter Sunday, Christmas Day or New Year's Eve.
D.Â
No person under the age of 18 years shall be permitted to play any
game or games of chance conducted pursuant to any license issued under
this chapter. Persons under the age of 18 years may be permitted to
attend games of chance at the discretion of the games of chance licensee.
No person under the age of 18 years shall be permitted to operate
any game of chance conducted pursuant to any license issued under
this chapter or to assist therein.
E.Â
No game or games of chance shall be conducted under any license issued under this chapter more often than 12 times in any calendar year. No particular premises shall be used for the conduct of games of chance on more than 24 license periods during any one calendar year. The above restrictions in Subsection D shall not apply when only the games of chance known as "bell jar" and/or "raffle" are conducted.
A.Â
Within seven days after the conclusion of any license period other
than a license period for a raffle, or as otherwise prescribed by
the New York State Racing and Wagering Board, the authorized organization
which conducted the same, and its members who were in charge thereof,
shall furnish to the Town Clerk 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 and each
item of expense incurred, or paid, and each item of expenditure made
or to be made other than prizes, the name and address of each person
to whom each such 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 games
of chance during such license period, and the use to which such proceeds
have been or are to be applied and 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 such statement. If applicable,
the lessor of the premises where such games were held or conducted
shall also file such a statement.
B.Â
Within 30 days after the conclusion of any occasion during which
a raffle was conducted, the authorized organization conducting such
raffle and the members in charge of such raffle, and, when applicable,
the authorized games of chance lessor which rented its premises therefor,
shall each furnish to the Clerk or Department a statement on a form
prescribed by the Board, subscribed by the member in charge and affirmed
by him as true, under the penalties of perjury, showing the number
of tickets printed, the number of tickets sold, the price, and the
number of tickets returned to or retained by the authorized organization
as unsold, a description and statement of the fair market value for
each prize actually awarded, the amount of the gross receipts derived
therefrom, each item of expenditure made or to be made other than
prizes, the name and address of each person to whom each such item
of expense has been paid, or is to be paid, a detailed description
of the merchandise purchased or the services rendered therefor, the
net proceeds derived from the raffle at such occasion, the use to
which the proceeds have been or are to be applied and 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 such statement.
(1)Â
Provided, however, that where the cumulative net proceeds or net
profits derived from the conduct of a raffle or raffles are less than
$30,000 during any one occasion, in such case, the reporting requirement
shall be satisfied by the filing within 30 days of the conclusion
of such occasion a verified statement prescribed by the Board attesting
to the amount of such net proceeds or net profits and the distribution
thereof for lawful purposes with the Town Clerk and a copy with the
New York State Racing and Wagering Board and provided further, however,
where the cumulative net proceeds derived from the conduct of a raffle
or raffles are less than $5,000 during any one occasion and less than
$20,000 during one calendar year, no reporting shall be required.[1]
C.Â
Upon the filing of such statement of receipts pursuant to Subsection A or B of this section, the authorized organization furnishing the same shall pay to the Town Clerk as and for an additional license fee a sum based upon the reported net proceeds, if any, for the license period, or in the case of raffles, for the occasion covered by such statement and determined in accordance with such schedule as shall be established from time to time by the Board to defray the actual cost to municipalities or counties of administering the provisions of this article, but such additional license fee shall not exceed 5% of the net proceeds for such license period. The provisions of this Subsection C shall not apply to the net proceeds from the sale of bell jar tickets. No fee shall be required where the net proceeds or net profits derived from the conduct of a raffle is less than $30,000 during any one occasion.
