Town of Riverhead, NY
Suffolk County
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Table of Contents
Table of Contents
[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 101, General Provisions, Art. I).
[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:
AUTHORIZED GAMES OF CHANCE LESSOR
An authorized organization which has been granted a lessor's license pursuant to the provisions of this article or a municipality.
AUTHORIZED ORGANIZATION
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.
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
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.
BOARD
The New York State Racing and Wagering Board.
CLERK
The Town Clerk of the Town of Riverhead.
GAMES OF CHANCE
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.
GAMES OF CHANCE CURRENCY
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.
LAWFUL PURPOSES
One or more of the following causes, deeds or activities:
A. 
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.
B. 
Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.
C. 
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.
LICENSE PERIOD
A period of time not to exceed 14 consecutive hours.
NET LEASE
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.
A. 
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.
B. 
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.
OFFICER
The Riverhead Chief of Police.
ONE OCCASION
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.
OPERATION
The play of a single type of game of chance necessary to determine the outcome or winners each time wagers are made.
PREMISES
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.
SERIES OF PRIZES
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.
SINGLE PRIZE
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.
SINGLE TYPE OF GAME
The games of chance known as "merchandise wheels" and each other specific game of chance authorized by the Board.
TOWN
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. 
Each license to conduct games of chance shall be in such form as shall be prescribed in the rules and regulations promulgated by the Board.
B. 
Each license to lease premises for conducting games of chance will be in such form as shall be prescribed in the rules and regulations of the Board.
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.