[Ord. of 9-8-1976, § 1]
As used in this Article, unless the context requires otherwise,
the following terms shall have the meanings respectively ascribed:
An authorized organization which has been granted a lessor
license pursuant to the provisions of this Article, or the City of
Poughkeepsie.
Includes any bona fide religious or charitable organization
or bona fide educational 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 this Article, 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 defined in
this Article for a period of three years immediately prior to applying
for a license under this Article. No organization shall be deemed
an "authorized organization" which is formed primarily for the purpose
of conducting games of chance and the distribution of the proceeds
thereof to itself or any other organization and which does not devote
at least 75% of its activities to other purposes set forth in this
section. No political party shall be deemed an "authorized organization."
Any person, firm, partnership or organization licensed by
the Board to sell or lease games of chance equipment or paraphernalia
which meets the specifications and regulations established by the
Board. Nothing herein shall prevent an authorized organization from
purchasing common articles, such as cards and dice, from normal sources
of supply of such articles or from constructing equipment and paraphernalia
for games of chance for its own use. However, no such equipment or
paraphernalia, constructed by an authorized organization shall be
sold or leased to any other authorized organization, without written
permission from the Board.
The New York State Racing and Wagering Board.
The Clerk of the City of Poughkeepsie.
Includes specific games of chance 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 of the State of New York and by Chapter 3, Article II, of the Code of Ordinances of the City of Poughkeepsie, New York; and also not including "slot machines," "bookmaking" and "policy on numbers games" as defined in Section 225.00 of the Penal Law of The State of New York. No "game of chance" shall involve wagering of money by one player against another player.
One or more of the following causes, deeds or activities:
Those which shall benefit needy or deserving persons indefinite
in number by enhancing their opportunity for religious or educational
advancement, by relieving them from disease, suffering or distress
or by contributing to their physical well-being by assisting them
in establishing themselves in life as worthy and useful citizens or
by increasing their comprehension of and devotion to the principles
upon which this nation was founded and enhancing their loyalty to
their governments.
Those which shall initiate, perform or foster worthy public
works or shall enable or further the erection or maintenance of public
structures.
Those which shall otherwise lessen the burdens borne by government
or which are voluntarily undertaken by an authorized organization
to augment or supplement services which government would normally
render to the people.
A period of time not to exceed 14 consecutive hours.
A written agreement between a lessor and lessee under the
terms of which the lessee is entitled to the possession, use or occupancy
of the whole or part of any premises from any noncommercial or nonprofit
organization for which the lessee pays rent to the lessor and likewise
undertakes to pay substantially all of the regularly recurring expenses
incident to the operation and maintenance of such leased premises.
In relation to the gross receipts from one or more occasions
of games of chance, the amount that shall remain after deducting the
reasonable sums necessarily and actually expended for supplies and
equipment, prizes, stated rental, if any, bookkeeping or accounting
services according to a schedule of compensation prescribed by the
Board, janitorial services and utility supplies, if any, license fees
and the cost of bus transportation, if authorized by the division;
and
In relation to the gross rent received by an organization licensed
to conduct such games for the use of its premises by another licensee,
the amount that shall remain after deducting the reasonable sums necessarily
and actually expended for janitorial services and utility supplies
directly attributable thereto, if any.
The chief law enforcement officer of the City of Poughkeepsie.
The conducting of any type of game of chance during any one
license period. No series of prizes on any "one occasion" shall aggregate
more than $1,000.
A sum of money or item of merchandise awarded by the authorized
organization to a participant in any one operation or conducting of
a game of chance in which participants utilize currency for participation
and in which those who are not winners surrender their participating
currency at the conclusion of the single operation of such game of
chance. No "prize" for any one participant in any one operation or
conducting of such single gain of chance shall exceed the sum of $100.
If a prize is awarded based on odds, only that portion in excess of
the winning participants bet shall be considered as a "prize." For
the purposes of this Article, the value of a "prize" which consists
of merchandise shall be the actual cost of such merchandise.
[Ord. of 9-8-1976, § 1]
It shall be lawful for any authorized organization, upon obtaining
a license therefor as herein provided, to conduct games of chance
within the territorial limits of the city, subject to the provisions
of this Article, the provisions of Article 9-A of the General Municipal
Law and the regulations of the New York State Racing and Wagering
Board.
(a)
No person, firm, association, corporation or organization, other than a licensee under the provisions of this Article, shall conduct games of chance or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided in Section 3-57 of this Article.
(b)
No game of chance 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.
(c)
No authorized organization licensed under the provisions of this
Article shall purchase or receive any supplies or equipment specifically
designed or adapted for use in the conduct of games of chance from
other than a supplier licensed by the Board or from another authorized
organization.
(d)
The entire net proceeds of any game of chance and of any rental shall
be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
(e)
No prize shall exceed the sum or value of $100 in any operation or conducting of a single game of chance as provided in Section 3-54 of this Article. No single wager shall exceed $10.
(f)
No series of prizes on any one occasion of games of chance shall aggregate more than $1,000 as provided in Section 3-54 of this Article.
(g)
No person except a bona fide member of any such organization, its auxiliary or affiliated organization shall participate in the management or operation of such game, as set forth in Section 3-70 of this Article.
(h)
No person shall receive any remuneration for participating in the
management or operation of any such game.
(i)
The unauthorized conduct of a game of chance shall constitute and
be punishable as a misdemeanor.
[Ord. of 9-8-1976, § 1]
(a)
Form. Each applicant for a license shall, after
obtaining an identification number from the Board, file with the City
Clerk, a written application in the form prescribed by the rules and
regulations of the New York State Racing and Wagering Board, duly
executed and verified.
(b)
Contents. In each such application there shall be
stated:
(1)
The name and address of the applicant, together with sufficient facts
relating to its incorporation and organization to enable such clerk
to determine whether or not it is a bona fide authorized organization;
(2)
The names and addresses of its officers; the place or places where,
the date or dates and the time or times when the applicant intends
to conduct games under the license applied for;
(3)
The amount of rent to be paid or other consideration to be given
directly or indirectly for each occasion for use of the premises of
another authorized organization licensed under this Article to conduct
such games or for the use of the premises of an authorized games of
chance lessor;
(4)
All other 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 purposes
for which they are to be paid;
(5)
The purposes to which the entire net proceeds of such games are to
be devoted and in what manner; that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such
game or games or for assisting therein except as in this Article or
state statutes or regulations otherwise provided; and such other information
as shall be prescribed by such rules and regulations of the Board.
(c)
In each application there shall be designated not less than four
active members of the applicant organization under whom the game or
games of chance will be conducted and to the application shall be
appended a statement executed by the members so designated, that they
will be responsible for the conduct of such games in accordance with
the terms of the license, state statutes and the rules and regulations
of the Board and of this Article.
[Ord. of 9-8-1976, § 1]
(a)
Each applicant for a license to lease premises to a licensed organization
for the purposes of conducting games of chance therein shall file
with the City Clerk a written application in the form to be prescribed
by the rules and regulations of the State Racing and Wagering Board.
(b)
Contents. In each such application there shall be stated the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; a statement that the applicant in all respects conforms with the specifications contained in the definition of authorized organization set forth in Section 3-54 of this Article and such other information as shall be prescribed by the Board.
[Ord. of 9-8-1976, § 1]
(a)
The City Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application, with due expedition
after the filing of the application.
(1)
Issuance of licenses to conduct games of chance.
If the City Clerk shall determine that the applicant is duly qualified
to be licensed to conduct games of chance under this Article; that
the member or members of the applicant designated in the application
to conduct games of chance are bona fide active members of the applicant
and are persons of good moral character and have never been convicted
of a crime or, if convicted, have received a pardon or a certificate
of good conduct; that such games are to be conducted in accordance
with the provisions of this Article and in accordance with state statute
and the rules and regulations of the Board; and that the proceeds
thereof are to be disposed of as provided by this Article; and, if
the City 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 except as in this Article or state statute
otherwise provided; and that no prize will be given in excess of the
sum or value of $100 in any single game and that the aggregate of
all prizes given on one occasion, under said license shall not exceed
the sum or value of $1,000, he shall issue a license to the applicant
for the conduct of games of chance upon payment of a license fee of
$25 for each license period.
(2)
Issuance of licenses to authorized games of chance lessors. If the City Clerk shall determine that the applicant seeking to lease a hall or premises for the conduct of games of chance to an authorized organization is duly qualified to be licensed under this Article; that the applicant satisfies the requirements for an authorized games of chance lessor as defined in Section 8-54 of this Article; that such Clerk finds and determines that there is a public need and that public advantage will be served by the issuance of such license; that the applicant has filed its proposed rent for each game of chance occasion; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in this Article; and that such leasing of a hall or premises for the conduct of such games is to be in accordance with the provisions of this Article or state statute and in accordance with the rules and regulations of the Board, he shall issue a license permitting the applicant to lease said premises for the conduct of such games to the authorized organization or organizations specified in the application during the period therein specified or such shorter period as such Clerk shall determine, but not to exceed one year, upon payment of a license fee of $50.
(b)
On or before the 30th day of each month, the Commissioner of Finance
of the City of Poughkeepsie shall transmit to the State Comptroller
a sum equal to 50% of all authorized games of chance lessor license
fees and the sum of $15 per license period for the conduct of games
of chance collected by the City Clerk pursuant to this section during
the preceding calendar month.
(c)
No license shall be issued under this Article which shall be effective
for a period of more than one year.
[Ord. of 9-8-1976, § 1]
No application for the issuance of a license to an authorized
organization shall be denied by the City 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.
[Ord. of 9-8-1976, § 1]
Any license issued under this Article may be amended, upon application
made to the City 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 fees, if any, as would
have been payable if it had been so included.
[Ord. of 9-8-1976, § 1]
Each license to conduct games of chance or to lease premises
for conducting games of chance shall be in such form as shall be prescribed
in the rules and regulations promulgated by the New York State Racing
and Wagering Board.
[Ord. of 9-8-1976, § 1]
Each license issued for the conduct of any games of chance or
to lease premises for conducting games of chance shall be conspicuously
displayed at such premises at all times during the conduct of games
of chance.
[Ord. of 9-8-1976, § 1]
(a)
Generally.
(1)
The chief law enforcement officer of the City of Poughkeepsie shall
have and exercise control and supervision over all games of chance
conducted under a license, to the end that the same are fairly conducted
in accordance with the provisions of such license, the provisions
of state law, the rules and regulations promulgated by the Board and
the provisions of this Article.
(2)
Such officer shall have the power and the authority to temporarily
suspend any license issued by the City Clerk pending a hearing before
the Board.
(b)
Right of entry. The officer shall have the right
of entry, by his officers and agents, at all times, into any premises
where any game of chance is being conducted or where it is intended
that any such game shall be 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.
[Ord. of 9-8-1976, § 1]
Subject to the applicable provisions of the Alcoholic Beverage
Control Law, beer may be offered for sale during the conduct of games
of chance, but the offering of all other alcoholic beverages is prohibited.
[Ord. of 9-8-1976, § 1]
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 Article. No person under the age of 18 years shall be permitted
to conduct or assist in the conduct of any game of chance conducted
pursuant to any license issued under this Article.
[Ord. of 9-8-1976, § 1]
No game or games of chance shall be conducted under any license
issued under this Article more often than 12 times in any calendar
year. Games shall be conducted only between the hours of noon and
midnight on Monday, Tuesday, Wednesday and Thursday and only between
the hours of noon on Friday and 2:00 a.m. Saturday and only between
the hours of noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m.
closing period shall also apply to a legal holiday.
[Ord. of 9-8-1976, § 1; Ord. of 5-1-1979, § 2]
Games of chance may be conducted under any license issued under
this Article on Sunday, but only between the hours of 1:00 p.m. and
midnight. Such provision shall be set forth in any license issued
pursuant to this Article.
[Ord. of 9-8-1976, § 1]
No games of chance shall be conducted on Easter Sunday, Christmas
Day or New Year's Eve.
[Ord. of 9-8-1976, § 1]
No person shall hold, operate or conduct any games of chance
under any license issued under this Article 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 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 member of an organization or association
which is affiliated with the licensee by being, with it, auxiliary
to another organization or association. At least two officers, directors,
trustees or clergy of the authorized organization shall, upon request,
certify, under oath, that the persons assisting in holding, operating
or conducting any game of chance are bona fide members of such authorized
organization, auxiliary or affiliated organization. Upon request by
a law officer, any such person involved in such games of chance shall
certify that he or she has no criminal record.
[Ord. of 9-8-1976, § 1]
No game of chance shall be conducted with any equipment except
such as shall be owned or leased by the authorized organization so
licensed or used without payment of any compensation therefor by the
licensee.
[Ord. of 9-8-1976, § 1]
No items of expense shall be incurred or paid in connection
with the conducting of any game of chance pursuant to any license
issued under this Article, except those that are reasonable and are
necessarily expended for games of chance supplies and equipment, prizes,
stated rental, if any, bookkeeping or accounting service according
to a schedule of compensation prescribed by the Board, janitorial
services and utility supplies, if any, and license fees and the cost
of bus transportation, if authorized, by such officer.
[Ord. of 9-8-1976, § 1]
Not more than $2 shall be charged by any licensee for admission
to any room or place in which any game or games of chance are to be
conducted under any license issued under this Article. The officer
may in his discretion fix a minimum fee.
[Ord. of 9-8-1976, § 1]
[Ord. No. 9-8-1976, § 1]
No game of chance conducted or to be conducted in the City of
Poughkeepsie 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
or transportation facilities to be provided to such game 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 owned or occupied by a licensed authorized
organization, and when an organization is licensed to conduct games
of chance on premises of an authorized games of chance lessor, one
additional such sign may be displayed on or adjacent to the premises
in which the games are to be conducted. 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,
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.
[Ord. of 9-8-1976, § 1]
(a)
Within seven days after the conclusion of any license period, the
authorized organization which conducted the same and its members who
were in charge thereof and, when applicable, the authorized organizations
which rented its premises therefor shall each furnish to the City
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 a list of prizes offered and given, with the respective
values thereof, 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.
(b)
Upon the filing of such statement of receipts, the authorized organization
furnishing the same shall pay to the City Clerk as and for an additional
license fee a sum based upon the reported net proceeds, if any, for
the license period 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 the city of administering the provisions
of this Article, but such additional license fee shall not exceed
5% of the net proceeds for such occasion.
[Ord. of 9-8-1976, § 1]
The City Clerk shall have 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, so far as they may relate to games of chance, including
the maintenance, control and disposition of 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 such game under
any such license, the use of its premises for games of chance or the
disposition of net proceeds derived from games of chance, as the case
may be.
(b)
Any authorized games of chance lessor, so far as they 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 such leasing.
(c)
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 Article.
[Ord. of 9-8-1976, § 1]
Any applicant for or holder of any license issued or to be issued
under this Article aggrieved by any action of any officer or Clerk
to which such application has been made or by which such license has
been issued, may appeal to the Board from the determination of said
officer or Clerk by filing with such officer or Clerk a written notice
of appeal within 30 days after the determination or action appeal
from, and upon the hearing of such appeal, the evidence, if any, taken
before such officer or Clerk 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 Board upon said appeal shall be binding
upon such officer or Clerk and all parties to said appeal.
[Ord. of 9-8-1976, § 1]
No persons, association, corporation or organization lawfully
conducting or participating in the conduct of games of chance or permitting
the conduct upon any premises owned or leased by him or it under any
license lawfully issued pursuant to this Article, shall be liable
to prosecution or conviction 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 Article, but
this immunity shall not extend to any person or corporation knowingly
conducting or participating in the conduct of games of chance under
any license obtained by any false pretense or by any false statement
made in any application for license or otherwise or permitting the
conduct upon any premises owned or leased 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.
[Ord. of 9-8-1976, § 1]
Any person, association, corporation or organization who or
which shall: make any material false statement in any application
for any license authorized to be issued under this Article; pay or
receive, for the use of any premises for conducting games of chance,
a rental in excess of the amount specified as the permissible rent
in the license provided for by the rules and regulations of the Board;
fail to keep such books and records as shall fully and truly record
all transactions connected with the conducting of games of chance
or the leasing of premises to be used for the conduct of games of
chance; falsify or make any false entry in any books or records so
far as they relate in any manner to the conduct of games of chance,
to the disposition of the proceeds thereof and to the application
of the rents received by any authorized organization; divert or pay
any portion of the net proceeds of any game of chance to any person,
association or corporation, except in furtherance of one or more of
the lawful purposes defined in this Article shall be guilty of a misdemeanor
and shall forfeit any license issued under this Article and be ineligible
to apply for a license under this Article for at least one year thereafter.
[Ord. of 9-8-1976, § 1]
Any person, association, corporation or organization holding,
operating or conducting a game or games of chance is guilty of a misdemeanor,
except when operating, holding or conducting:
(a)
In accordance with a valid license issued pursuant to this Article;
or
(b)
On behalf of a bona fide organization of persons 60 years of age
or over, commonly referred to as "senior citizens," solely for the
purpose of amusement and recreation of its members where:
(1)
The organization has applied for and received an identification number
from the Board;
(2)
No player or other person furnishes anything of value for the opportunity
to participate;
(3)
The prizes awarded or to be awarded are nominal;
(4)
No person other than a bona fide active member of the organization
participates in the conduct of the games; and
(5)
No person is paid for conducting or assisting in the conduct of the
game or games.
[Ord. of 9-8-1976, § 1]
This Article may be amended from time to time or repealed by
the Common Council by a 2/3 vote of the Common Council, 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, and the approval
of a majority of the electors of the city shall not be a condition
prerequisite to the taking effect of such ordinance.
[Ord. of 9-8-1976, § 1]
If any provision of this Article or the application thereof
to any person or circumstances shall be adjudged unconstitutional
by any court of competent jurisdiction, the remainder of this Article
or the application thereof to other persons and circumstances shall
not be affected thereby, and the Common Council hereby declares that
it would have enacted this Article without the invalid provision or
application, as the case may be, had such invalidity been apparent.
