[HISTORY: Adopted by the Common Council of the City of Plattsburgh
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-1958 (Ch.
145, Art. I, of the 1989 Code)]
This article shall be known and may be cited as the "Bingo Licensing
Ordinance" of the City of Plattsburgh, Clinton County, New York.
As used in this article, unless the context requires otherwise,
the following terms shall have the following meanings:
Includes any bona fide religious or charitable organization
or bona fide educational, fraternal, civic or service organization
or bona fide organization of veterans, volunteer firefighters, or
volunteer ambulance workers, 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 one year immediately prior to applying
for a license under this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Includes a specific game of chance, commonly known as "bingo"
or "lotto," in which prizes are awarded on the basis of disconnected
numbers or symbols on a card conforming to numbers or symbols selected
at random.
The New York State Gaming Commission created pursuant to
§ 102 of the Racing, Pari-Mutuel Wagering and Breeding Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A license issued pursuant to the provisions of this article
and of Article 14-H of the General Municipal Law of the State of New
York and all other laws and the Constitution of the State of New York.
[Amended 6-20-1963]
The City of Plattsburgh, Clinton County, New York.
[Amended 6-20-1963]
It shall be lawful for any authorized organization, upon obtaining
a license therefor, as hereinafter provided, to conduct the game of
bingo within the territorial limits of the City of Plattsburgh, subject
to the provisions of this article, Article 14-H of the General Municipal
Law, Article 19-B of the Executive Law or any other laws enacted by
the State of New York.
No person or authorized organization shall conduct the game
of bingo, unless he shall first have obtained a license so to do from
the City of Plattsburgh. The application for such license shall be
made upon forms provided and prescribed by the City Clerk in conformance
with the rules and regulations of the Control Commission, this article
and the laws of the State of New York.
[Amended 6-20-1963]
No game of bingo shall be conducted other than in compliance
with the laws of the State of New York, this article, the license
issued and the following restrictions:
A.
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.
B.
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.
C.
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 adapted for use in the conduct
of bingo games from other than a supplier licensed under the Bingo
Control Law or from another authorized organization.
D.
The entire net proceeds of any game of bingo 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 $5,000 in any single game
of bingo.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
No series of prizes on any one bingo occasion shall aggregate more
than $15,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
No person except a bona fide member of any such organization shall
participate in the management or operation of such game.
H.
No person shall receive any remuneration for participating in the
management or operation of any game of bingo.[1]
I.
No person licensed to sell bingo supplies or equipment, or their
agents, shall conduct, participate in, or assist in the conduct of
bingo. Nothing herein shall prohibit a licensed distributor from selling,
offering for sale, or explaining a product to an authorized organization,
or installing, or servicing bingo equipment, upon the premises of
a bingo game licensee.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
J.
Limited-period bingo shall be conducted in accordance with the provisions
of this article and the rules and regulations of the Commission.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
It shall be lawful for any organization, upon obtaining a license
therefor as provided in this article, to conduct the game of bingo
within the territorial limits of the City of Plattsburgh on the first
day of the week, commonly known and designated as "Sunday," after
8:00 p.m., Eastern standard time, or Eastern daylight time, whichever
may be in force in said City.
The unauthorized conduct of a bingo game and any willful violation
of any provision of this article shall constitute and be punishable
as a misdemeanor.
After public hearing and approval by the Mayor, this article
shall be submitted to the qualified voters of the City of Plattsburgh,
at a referendum to be held at the next general election, on November
4, 1958, and shall take effect upon the adoption of a proposition
to approve said Article by a majority of the qualified voters of the
said City voting at said referendum.
[1]
Editor's Note: At a referendum held 11-4-1958, the majority
of the qualified voters approved the proposition to approve the provisions
of this article.
[Adopted 8-10-1978 by L.L. No. 4-1978 (Ch. 145, Art. III, of the 1989
Code)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be lawful for authorized organizations, upon obtaining
a license therefor to conduct games of chance within the limits of
the City of Plattsburgh, New York, under the provisions of this article,
the provisions of the Games of Chance Licensing Law (Chapter 960 of
the Laws of 1976, as amended),[1] and the rules and regulations of the New York State Gaming
Commission.
[1]
Editor's Note: See Article 9-A of the General Municipal
Law, § 185 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of the Games of Chance Licensing Law and the
rules and regulations of the New York State Gaming Commission control
the licensing of authorized organizations and the conduct of games
of chance in the City of Plattsburgh, New York, and this article incorporates
the provisions of those statutes and regulations by reference as if
set forth in full herein. Any inconsistency between this article and
the said statutes and rules and regulations shall be resolved in favor
of those rules and regulations.
[Added 11-17-1988 by L.L.
No. 1-1988; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Games of chance may be conducted on Sunday; however, no games
of chance shall be conducted on Easter Sunday or Christmas Day.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The City Clerk is authorized to issue licenses to authorized
organizations and lessors upon filing of applications in accordance
with the provisions of the Games of Chance Licensing Law and the rules
and regulations of the New York State Gaming Commission and the payment
of the prescribed fees.
[Added 11-17-1988 by L.L.
No. 1-1988]
The Chief of Police of the City of Plattsburgh, New York, shall
exercise supervision and control of all games of chance conducted
under a duly authorized license. The Chief of Police shall have all
those powers and duties set forth in and for the enforcement of Article
9-A of the General Municipal Law.
The City Clerk is directed to remit to the City Chamberlain
all license fees received by the City Clerk, and the City Chamberlain
is directed to remit to the Comptroller of the State of New York the
portion of the fees directed to be paid and remitted to the Comptroller
of the State of New York in the manner prescribed in the Games of
Chance Licensing Law.
This article shall take effect December 1, 1978, in the event
that at the general election to be held November 7, 1978, a majority
of the electors of the City of Plattsburgh, New York, who are qualified
to vote for officers of the City of Plattsburgh, New York, shall approve
the same by voting for the proposition.
[1]
Editor's Note: At a referendum held 11-7-1978, the majority
of the qualified voters approved the proposition to approve the provisions
of this article.
