[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge 8-7-1978 by L.L. No.
1-1978 (Ch. 70 of the 1992 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 136.
[Amended 5-4-1992 by L.L.
No. 1-1992]
As used herein, terms shall have the same definitions as are
assigned to them by § 186 of the General Municipal Law of
the State of New York, as the same may be amended from time to time.
From and after the effective date of this chapter, as hereafter
provided, it shall be lawful for any authorized organization, upon
obtaining a license therefor as hereinafter provided, to conduct games
of chance within the territorial limits of the Village of Woodridge,
subject to the provisions of this chapter, Article 9-A of the General
Municipal Law of the State of New York and rules and regulations promulgated
by the Board, as the same may be amended from time to time.
A.
Each applicant for a license to conduct games of chance shall, after
obtaining an identification number from the Board, file with the Village
Clerk a written application therefor in a form to be prescribed by
the Board, duly executed and verified, containing such information
as may be required by law and by the rules and regulations of the
Board. In each such application there shall be designated not less
than four active members of the applicant organization under whom
the games 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 and the rules and regulations of the
Board and of Article 9-A of the General Municipal Law of the State
of New York.
B.
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 Village Clerk a written application therefor in a form to
be prescribed by the Board, duly executed and verified, which shall
contain such information as shall be required by law and by the rules
and regulations of the Board.
The Village 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. For purposes of assisting in
the conduct of such investigation, the Village Clerk may call upon
the resources of the Chief of Police and other duly appointed and
acting Village officials and other law enforcement agencies.
[Amended 5-4-1992 by L.L.
No. 1-1992]
A.
If the Village Clerk shall determine that the applicant for a license
to conduct games of chance is duly qualified therefor and meets the
requirements of § 191, Subdivision 1(a), of the General
Municipal Law of the State of New York and the rules and regulations
of the Board and of this chapter, as the same may be amended from
time to time, he shall issue a license to the applicant for the conduct
of games of chance upon payment of a license fee as set by resolution
of the Board of Trustees from time to time.[1] The current fee schedule is available at the Village Clerk's
office. No such license shall be effective for a period of more than
one year.
B.
If the Village 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 the
provisions of § 191, Subdivision 1(b), of the General Municipal
Law of the State of New York and the rules and regulations of the
Board and the provisions of this chapter, as the same may be amended
from time to time, 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 as set by resolution of the Board of Trustees from time to time.[2] The current fee schedule is available at the Village Clerk's
office.
[Amended 5-4-1992 by L.L.
No. 1-1992]
A.
No application for the issuance of a license to conduct games of
chance or to 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 chapter may be amended, upon application
made to such Clerk who 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 the form prescribed
by the Board and shall contain such information as may be required
by law and/or the rules and regulations of the Board, as the same
may be amended from time to time. Each such license shall be conspicuously
displayed at the place where the games of chance are to be conducted
at all times during the conduct thereof.
B.
Each license to lease premises for the conduct of games of chance
will be in such form as may be prescribed by the Board and will contain
such information as may be required by law and/or the rules and regulations
of the Board, as the same may be amended from time to time. Each such
license shall be conspicuously displayed upon such premises at all
times during the conduct of such games of chance.
[Amended 5-4-1992 by L.L.
No. 1-1992]
The Chief of Police 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 chapter, and the
Chief of Police and the Board shall have the power and the authority
to temporarily suspend any license issued by the Clerk pending a hearing,
and after notice and hearing the Board may suspend or revoke the same,
declare the violator ineligible to apply for a license for a period
not exceeding 12 months thereafter and, additionally, impose a fine
in an amount not exceeding $1,000 for violation of any such provisions,
which shall not be paid from funds derived from the conduct of games
of chance, and shall have the right of entry by its 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. Upon suspension
or revocation of any license or upon declaration of ineligibility
to apply for a license, the Board may suspend or revoke the identification
number issued pursuant to § 188-a of the General Municipal
Law. An agent of the Chief of Police shall make an on-site inspection
during the conduct of all games of chance licensed pursuant to this
chapter.
[Amended 5-4-1992 by L.L.
No. 1-1992]
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, as such premises are defined
in Subdivision 19 of § 186 of the General Municipal Law;
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 or the sale of any other alcoholic
beverage in premises where only the game of chance known as the "bell
jar" is conducted.
Except as provided in § 216-11, no games of chance shall be conducted on Sunday unless specifically so provided in the license. The Village Clerk is hereby authorized to include such provision in any such license, upon a proper showing by the applicant of the need therefor. No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
[Amended 5-4-1992 by L.L.
No. 1-1992]
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. 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 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.
The above restrictions shall not apply when only the game of chance
known as the "bell jar" is conducted.
[Amended 5-4-1992 by L.L.
No. 1-1992]
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.
[Amended 5-4-1992 by L.L.
No. 1-1992]
No person shall operate any game of chance under any license
issued under this chapter 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. Nothing herein
shall be construed to limit the number of games of chance licensees
for whom such persons may operate games of chance nor to prevent nonmembers
from assisting the licensee in any activity other than managing or
operating games. 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. The head or heads of the authorized organization shall
upon request certify, under oath, that the persons operating any game
of chance are bona fide members of such authorized organization, auxiliary
or affiliated organization. Upon request by the Chief of Police, any
such person involved in such games of chance shall certify that he
or she has no criminal record. 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 chapter except those that are reasonable
and are necessarily expended for games of chance 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 such Chief
of Police.
[Amended 5-4-1992 by L.L.
No. 1-1992]
A fee may be charged by any licensee for admission to any game
or games of chance conducted under any license issued under this chapter.
The Chief of Police may, in his discretion, fix a minimum fee. 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.
[Amended 5-4-1992 by L.L.
No. 1-1992]
A licensee may advertise the conduct of games of chance to the
general public by means of newspapers, circulars, handbills and posters
and by one sign not exceeding 60 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. Additional signs may be displayed
upon any fire-fighting equipment belonging to any licensed authorized
organization which is a volunteer fire company or upon any equipment
of a first aid or rescue squad in and throughout the community served
by such volunteer fire company or such first aid or rescue squad,
as the case may be. All advertisements shall be limited to the description
of such event as "games of chance" or "Las Vegas night," the name
of the authorized organization conducting such games, the license
number of the authorized organization as assigned by the Clerk and
the date, location and time of the event.
[Amended 5-4-1992 by L.L.
No. 1-1992]
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. 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 the Village of administering the
provisions of this chapter, but such additional license fee shall
not exceed 5% of the net proceeds for such license period.
A.
The Village Clerk shall have power to examine or cause to be examined
the books and records of:
(1)
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, 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 or the use of its premises
for games of chance, as the case may be.
(2)
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.
B.
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 Chief of Police
or Village 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 Chief of Police or Village Clerk by filing with the Chief
of Police or Village Clerk a written appeal within 30 days after the
determination or action appealed from, and, upon the hearing of such,
the evidence, if any, taken before such Chief of Police or Village
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 the Chief of Police
or Village Clerk and all parties to said appeal.
Any person or persons who shall execute an application on behalf
of any authorized organization shall, by the making of such application,
warrant that he is familiar with the provisions of state law and the
rules and regulations of the Board which may be applicable to such
license and agrees to abide thereby.
[Amended 5-4-1992 by L.L.
No. 1-1992]
This chapter was subject to mandatory referendum and became
effective when approved by a majority of the electors voting thereon
at a special election of the Village of Woodridge held on August 7,
1978.
