[HISTORY: Adopted by the City Council of the City of Watertown
as Ch. 45 of the 1949 Code. The provisions of this chapter were approved
by a majority of the electors voting thereon at an election held 5-27-1958. Amendments
noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 157.
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.
The State Racing and Wagering Board.
[Amended 12-1-1986 by L.L. No. 1-1986]
A license issued pursuant to the provisions of this chapter.
[Amended 12-1-1986 by L.L. No. 1-1986]
It shall be lawful for any organization, upon obtaining a license
therefor as hereinafter provided, to conduct the game of bingo within
the territorial limits of the City of Watertown, subject to the provisions
of this chapter, the provisions of Article 14-H (§§ 475
through 499) of the General Municipal Law and the provisions of the
State Bingo Control Law.
A.
Each applicant shall file with the City Clerk of the City of Watertown
a written application in the form prescribed in the rules and regulations
of the Control Commission, duly executed and verified and at least
seven days prior to the date upon which the license is requested to
become effective.
B.
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-H of the General Municipal
Law.
C.
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 10% or more of its stock issued and outstanding are of a
good moral character and have not been convicted of a crime.
A.
Any game or games licensed hereunder shall be subjected 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:
(1)
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.
(2)
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.
(3)
No single prize shall exceed the sum or value of $250.
(4)
No series of prizes on any one occasion shall aggregate more than
$1,000.
(5)
No person, except a bona fide member of such organization, shall
participate in the management or operation of such game.
(6)
No person shall receive any remuneration for participating in the
management or operation of any such game.
B.
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.
The City Clerk of the City of Watertown 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. The City
Clerk shall deliver to the City Manager the application, together
with the supporting documents therefor and a detailed report of the
results of his investigation, including the due qualification of the
applicant to be licensed, the relationship of the members under whom
such games are to be conducted with the applicant, whether such persons
are of good moral character or have ever been convicted of a crime,
whether the conduct of such games will comply with all the provisions
of law and rules and regulations applicable thereto, whether a commission,
salary, compensation, reward or recompense of any nature will be paid
to any person conducting or assisting in conducting such games of
chance, whether a prize will be offered or given in excess of the
sum or value of $250 in any single game or an aggregate of all prizes
given in a series of games on a given occasion will exceed the sum
or value of $1,000, and such other questions or inquiries as the City
Manager may direct.
B.
If the City Manager shall determine that the requisite conditions
have been met by the applicant, he shall issue a license to the applicant
for the holding, operation and conduct of the specific kinds of games
of chance applied for upon payment of a license fee or fees of $10
for each occasion upon which any games of chance are to be conducted
under such license, which fees are to be paid to the City Comptroller
of the City of Watertown.
[Amended 10-21-1991 by L.L No. 6-1991]
C.
On or before the 30th of each month, the Comptroller of the City
of Watertown shall transmit to the State Comptroller a sum equal to
50% of all license fees collected by the City of Watertown pursuant
to this section during the preceding calendar month.
[Amended 10-21-1991 by L.L. No. 6-1991]
D.
No license shall be issued under this chapter which shall be effective
for a period of more than one year.
A.
No application for a license hereunder shall be denied by the City
Manager 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 chapter may be amended upon application
to the City Manager, 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.
C.
Each license shall be in such form as shall be prescribed in the
rules and regulations promulgated by the Control Commission.
D.
The City Manager shall have and exercise control and supervision
over all games of chance held, operated or conducted under such license
and 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 City Manager or any officer designated
by him 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.
E.
Such games may be held on any day provided for in such license, and
games of bingo may also be conducted on the first day of the week,
commonly known and designated as "Sunday."
[Amended 6-3-1968]
F.
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated or conducted pursuant
to any license issued under this chapter, unless accompanied by an
adult.
G.
No game or games of chance shall be held, operated or conducted under
any license issued under this chapter oftener 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.
[Amended 12-1-1986 by L.L. No. 1-1986]
No person shall hold, operate or conduct any game or games of bingo 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 bingo 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 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, and no such game of bingo 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 bingo 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 bingo 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 § 94-3 of this chapter, or which is in excess of the sum stated as the rental to be charged therefor in such statement, and 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.
A.
Not more than $1 shall be charged by any licensee for admission to
any room or place in which any game or games of bingo 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 bingo to be played under such license
on such occasion, and no charge in excess of $1 shall be made for
a single opportunity to participate in all special games to be played
under such license on such occasion.
[Amended 12-1-1986 by L.L. No. 1-1986]
B.
No prize greater in amount or value than $250 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 $1,000, 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.
[Amended 12-1-1986 by L.L. No. 1-1986]
No game of bingo 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 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, and an additional sign may be displayed on or
adjacent to the premises where the prize or prizes are displayed,
and 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. However, no sign shall be
allowed or displayed in any zoning district in conflict with the Zoning
Ordinance of the City of Watertown.[1]
[Amended 12-1-1986 by L.L. No. 1-1986]
Within 15 days after the conclusion of the holding, operating
and conducting of any such game of bingo, the authorized organization
which held, operated or conducted the same, and its members who were
in charge thereof, shall furnish to the City Clerk a duly verified
statement showing the amount of the gross receipts derived from each
game of bingo, 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 had 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 bingo 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.
[Amended 12-1-1986 by L.L.
No. 1-1986]
The City Manager and the Control Commission shall have power
to examine or cause to be examined the books and records of an authorized
organization to which any such license is issued so far as they may
relate to any transaction connected with the holding, operating and
conducting of any game of bingo 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 bingo 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 city, its
officers or agents, 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 City Manager a written notice of appeal within 30 days after
the determination or action appealed from, and upon the hearing of
such appeal, the evidence, if any, taken before the City Manager,
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 city and all parties to said appeal.
[Amended 12-1-1986 by L.L. No. 1-1986]
No person or corporation lawfully conducting or participating
in the conduct of 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 bingo
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 225 of the Penal Law 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 bingo 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 bingo conducted under any license
known to him or it to have been obtained by any such false pretense
or statement.
[Amended 12-1-1986 by L.L. No. 1-1986]
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto; or who shall pay any rental for the use of any premises for holding, operating or conducting any game of bingo 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 § 94-3 of this chapter; or who 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 who 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 bingo under any such license; or who 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 bingo under any such license; or who 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 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 local law or ordinance effecting such
amendment or repeal, as the case may be; and the approval of a majority
of the electors shall not be a condition prerequisite to the taking
effect of such local law or ordinance.
