[HISTORY: Adopted by the Town Board of the Town of Riverhead
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-1958 by Ord. No. 25; amended in its entirety 5-7-1963 (Ch. 50 of
the 1976 Code)]
The purpose of this article is to comply as required by the
provisions of the General Municipal Law of New York State.
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 adopted for use
in the conduct of bingo games from other than a supplier licensed
under the Bingo Control Law or from other than 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
licensed to conduct the same.
[Amended 7-2-1996]
No prize shall exceed the sum or value of $1,000 in any single
game of bingo.
[Amended 7-2-1996]
No series of prizes on any one bingo occasion shall aggregate
more than $3,000.
No person except a bona fide member of any such authorized organization
shall participate in the management or operation of such game.
No person shall receive any remuneration for participating in
the management or operation of any game of bingo.
Conduct of games of bingo on the first day of each week, commonly
known and designated as "Sunday," is hereby authorized under any license
therefor, duly issued pursuant to this article.
[Amended 1-7-1969]
The unauthorized conduct of a bingo game and any willful violation
of this article or of any section or provision hereof is a Class A
misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment
for a period not exceeding one year for each offense, or by both such
fine and imprisonment.
[Adopted 11-3-1982 by L.L. No. 9-1982[1] (Ch. 62A of the 1976 Code)]
[1]
Editor's Note: This local law was approved by a majority of
the voters at a referendum held on 12-16-1982.
As used in this article, the following terms shall have the
following meanings:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of this article or a municipality.
Shall include 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 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 which does not devote at least 75%
of its activities to other than conducting games of chance. No political
party shall be deemed an authorized organization.
Any person, firm, partnership, corporation 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 or owned 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 Town Clerk of the Town of Riverhead.
Shall include only the games known as "merchandise wheels"
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 § 225.00 of the Penal Law. No
game of chance shall involve wagering of money by one player against
another player.
Legal tender or a form of scrip or chip authorized by the
Board, any of which may be used at the discretion of the games of
chance licensee.
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, including, in the case of volunteer firemen's
activities, the purchase, erection or maintenance of a building for
a firehouse, activities open to the public for the enhancement of
membership and the purchase of equipment which can reasonably be expected
to increase the efficiency of response to fires, accidents, public
calamities and other emergencies.
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
authorized games of chance lessor 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 license periods
of games of chance, the amount that shall remain after deducting the
reasonable sums necessarily and actually expended for supplies and
equipment, prizes, security personnel, 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 Clerk.
In relation to the gross rent received by an authorized games
of chance lessor for the use of its premises by a game of chance 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 Riverhead Chief of Police.
The successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to $250 or $200 during any one license period, in accordance with the provisions of § 215-13H of this article, as the case may be. For the purposes of the game of chance known as a "merchandise wheel," "one occasion" shall mean the successive operations of any one such merchandise wheel for which the limit on a series of prizes is provided by § 215-13 of this article.
The play of a single type of game of chance necessary to
determine the outcome or winners each time wagers are made.
A designated area within a building, hall, tent or grounds
reasonably identified for the conduct of games of chance. Nothing
herein shall require such area to be enclosed.
The total amount of single prizes minus the total amount
of wagers lost during the successive operations of a single type of
game of chance, except that for merchandise wheels, "series of prizes"
shall mean the sum of the actual value of merchandise awarded as single
prizes during the successive operations of any single merchandise
wheel.
The sum of money or actual value of merchandise awarded to
a participant by a games of chance licensee in any one operation of
a single type of game of chance in excess of his wager.
The games of chance known as "merchandise wheels" and each
other specific game of chance authorized by the Board.
The Town of Riverhead.
A.
No person, firm, partnership, corporation or organization, other
than a licensee under the provisions of this article, shall conduct
such game or shall lease or otherwise make available for conducting
games of chance premises for any consideration whatsoever, direct
or indirect.
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 shall be exclusively
devoted to the lawful purposes of the organization permitted to conduct
the same, and the net proceeds of any rental derived therefrom shall
be exclusively devoted to the lawful purposes of the authorized games
of chance lessor.
E.
No single prize shall exceed the sum or value of $100, except that
for merchandise wheels, no single prize shall exceed the sum or value
of $250. No single wager shall exceed $2.
F.
No authorized organization shall award a series of prizes consisting
of merchandise with an aggregate value in excess of $1,000 during
the successive operations of any one merchandise wheel.
G.
In addition to merchandise wheels, no more than five other single
types of games of chance shall be conducted during any one license
period.
H.
Except for merchandise wheels, no series of prizes on any one occasion
shall aggregate more than $200 when the licensed authorized organization
conducts five single types of games of chance during any one license
period. Except for merchandise wheels, no series of prizes on any
one occasion shall aggregate more than $250 when the licensed authorized
organization conducts less than five single types of games of chance,
exclusive of merchandise wheels, during any one license period.
I.
Except for the limitation on the sum or value for single prizes and
series of prizes, no limit shall be imposed on the sum or value of
prizes awarded to any one participant during any occasion or any license
period.
J.
No person except a bona fide member of the licensed authorized organization
shall participate in the management of such games; no person except
a bona fide member of the licensed authorized organization, its auxiliary
or affiliated organization, shall participate in the operation of
such game.
K.
No person shall receive any remuneration for participating in the
management or operation of any such game.
L.
No authorized organization shall extend credit to a person to participate
in playing a game of chance.
M.
No game of chance shall be conducted on other than the premises of
an authorized organization or an authorized games of chance lessor.
N.
The unauthorized conduct of a game of chance shall constitute and
be punishable as a misdemeanor.
No person, firm, partnership, corporation or organization shall
sell or distribute supplies or equipment specifically designed or
adapted for use in conduct of games of chance without having first
obtained a license therefor upon written application made, verified
and filed with the Board in the form prescribed by the rules and regulations
of the Board.
To conduct games of chance, each applicant for a license shall,
after obtaining an identification number from the Board, file with
the Clerk a written application therefor in a form to be prescribed
by the Board, duly executed and verified.
A.
The 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 such Clerk shall
determine that the applicant is duly qualified to be licensed to conduct
games of chance under this article, it 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 such
Clerk shall determine that the applicant seeking to lease premises
for the conduct of games of chance to a games of chance licensee is
duly qualified to be licensed under this article, it shall issue a
license permitting the applicant to lease said premises for the conduct
of such games to the games of chance licensee or licensees specified
in the application during the period therein specified or such shorter
period as such Clerk shall determine, but not to exceed 12 license
periods during a calendar year, upon payment of a license fee of $50.
Nothing herein shall be construed to require the applicant to be licensed
under this article to conduct games of chance.
B.
On or before the 30th day of each month, the Treasurer of the Town
in which the license property is located shall transmit to the State
Comptroller the 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 such 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.
A.
No application for the issuance of a license to conduct games of
chance or lease premises to an authorized organization shall be denied
by the 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.
B.
Any license issued under this article may be amended, upon application
made to such Clerk which issued it, 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 fee, if any, as
would have been payable if it had been so included.
A.
The officer shall have and exercise rigid control and close supervision
over all games of chance conducted under such license, to the end
that the same are fairly conducted in accordance with the provisions
of such license, the provisions of the rules and regulations promulgated
by the Board and the provisions of this article, and such officer
and the Board shall have the power and authority to temporarily suspend
any license issued by the Clerk pending a hearing, and after notice
and hearing the Clerk or Board may suspend or revoke the same and
additionally impose a fine in an amount not exceeding $1,000 for violation
of any such provisions, and shall have the right of entry, by their
respective 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. An agent of the appropriate officer or department
shall make an on-site inspection during the conduct of all games of
chance licensed pursuant to this article.
B.
Service of alcoholic beverages. Subject to the applicable provisions
of the Alcoholic Beverage Control Law, beer may be offered for sale
during the conduct of games of chance on games of chance premises;
provided, however, that nothing herein shall be construed to limit
the offering for sale of any other alcoholic beverage in areas other
than the games of chance premises.
No games of chance shall be conducted under any license issued
under this article on the first day of the week, commonly known and
designated as "Sunday"; no games of chance shall be conducted on Easter
Sunday, Christmas Day or New Year's Eve.
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. 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 article or to assist therein.
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. No particular premises shall be used for the conduct of games
of chance on more than 24 license periods during any one calendar
year. Games 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 Saturday and 2:00 a.m. Sunday.
The 2:00 a.m. closing period shall also apply to a legal holiday.
No person shall operate any game of chance under any license
issued under this article except a bona fide member of the authorized
organization to which the license is issued, or a bona fide member
of an organization or association which is an auxiliary to the licensee
or a bona fide member of an organization or association of which such
licensee is an auxiliary or a bona fide member of an organization
or association which is affiliated with the licensee by being, with
it, auxiliary to another organization or association.
A fee may be charged by any licensee for admission to any game
or games of chance conducted under any license issued under this article.
Every winner shall be determined and every prize shall be awarded
and delivered 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 game of chance.
A licensee may advertise the conduct of games of chance to the
general public by means of newspaper, circular and by one sign not
exceeding six square feet in area, which 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.
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 games
of chance lessor which rented its premises therefor, shall each furnish
to the 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.
B.
Upon the filing of such statement of receipts, the authorized organization
furnishing the same shall pay to the 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 municipalities of administering
the provisions of this article, but such additional license fee shall
not exceed 5% of the net proceeds for such license period.
