[HISTORY: Adopted by the Board of Trustees of the Village
of Hilton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-5-1958; amended 5-22-1963]
The purpose of this article is to amend an ordinance adopted
by the Village Board of the Village of Hilton, Monroe County, New
York, dated May 5, 1958, authorizing the conduct of bingo in such
Village, to change the reference in such ordinance from Chapter 854
of the Laws of 1957 of the State of New York to Article 14-H of the
General Municipal Law, as so renumbered by Chapter 438 of the Laws
of 1962, and to set forth therein the following additional amended
and renumbered restrictions concerning the conduct of the game of
bingo by an authorized organization in such Village as required by
§ 479 of the General Municipal Law of the State of New York
as amended by Chapter 438 of the Laws of 1962.
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.
In addition to the several restrictions imposed by the Laws
of the State of New York, the following further restriction is hereby
imposed on the conduct of such games in the Village of Hilton.
A.
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 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 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.
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.
No prize shall exceed the sum or value of $250 in any single
game of bingo.
No series of prizes on any one bingo occasion shall aggregate
more than $1,000.
No person except a bona fide member of any such organization
shall participate in the management or operation of any game of bingo.
No person shall receive any remuneration for participating in
the management or operation of any game of bingo.
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.
This ordinance shall take effect 30 days after enactment hereof
as provided by § 497 of the General Municipal Law after
due publication and posting as provided by § 95 of the Village
Law.
[Adopted 6-27-1977 by L.L. No. 5-1977]
This article shall be known as the "Village of Hilton Games
of Chance Licensing Law."
This article is subject and subordinate to all the conditions
and provisions contained in Article 9-A of the General Municipal Law
and amendments thereto and any and all rules and regulations and opinions
adopted or to be adopted by the New York State Racing and Wagering
Board.
The Village Board finds the raising of funds for the promotion
of bona fide charitable, educational, scientific, health, religious,
patriotic and other worthy causes, and where the beneficiaries are
undetermined, to be in the public interest, and that the mandate of
9 of Article 1 of the State Constitution, as amended, should be carried
out by rigid regulations to prevent commercialized gambling, to prevent
participation by criminal and other undesirable elements and to prevent
the diversion of funds from the purposes herein authorized.
As used in this article, the following terms shall have the
meanings indicated:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of Article 9-A of the General Municipal
Law or pursuant to the provisions of this article.
Includes any bona fide religious or charitable organization,
bona fide educational 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 those as defined in this article, provided
that each such organization shall operate without profit to its individual
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 preceding the filing of an application
for a license under this article. No organization shall be deemed
an "authorized organization" which is or has been formed primarily
for the purpose of conducting games of chance and the distribution
of the proceeds thereof to itself or any other organization or which
does not devote at least 75% of its activities and funds to other
lawful purposes set forth in this article. No political party, club
or committee shall be deemed an "authorized organization."
Any person, firm, corporation, partnership or organization
licensed by the New York State Racing and Wagering Board to sell or
lease games of chance equipment or paraphernalia which meets the specifications
and regulations established by the New York State Racing and Wagering
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 by an authorized organization shall be sold
or leased to any other authorized organization without written permission
from the New York State Racing and Wagering Board.
Includes specific games of chance 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 by Article 14-H of the General Municipal Law and Article 1 of Chapter 88 of the Code of the Village of Hilton, and also not including slot machines, bookmaking and policy or number games, as defined in Article 225 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.
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;
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 the government would normally
render to the people.
A period of time not to exceed 14 consecutive hours.
In relation to the gross receipts from one or more occasions
of games of chance, the amount that shall remain after deducting the
reasonable sums necessarily and actually expended for supplies and
equipment; prices; stated rental, if any; bookkeeping or accounting
services, according to a schedule of compensation prescribed by the
New York State Racing and Wagering Board; janitorial services and
utility supplies, if any; license fees; and the cost of bus transportation
if authorized by the Division.
In relation to the gross rent received by an organization licensed
to conduct such games for the use of its premises by another 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 conducting of any type of game of chance during any one
license period. No series of prizes on any one occasion shall aggregate
more than $1,000.
A sum of money or item of merchandise awarded by the authorized
organization to a participant in any one operation or conducting of
a game of chance in which participants utilize currency for participation
and in which those who are not winners surrender their participating
currency at the conclusion of the single operation of such games of
chance. No prize for any one participant in any one operation or conducting
of such single game of chance shall exceed the sum of $100. If a prize
is awarded based on odds, only that portion in excess of the winning
participant's bet shall be considered as a prize. For the purposes
of this article, the value of a prize which consists of merchandise
shall be the actual cost of the item of such merchandise.
The Village Board of the Village of Hilton.
The Village Clerk of the Village of Hilton.
The Village Clerk is hereby delegated the authority granted
to the Village Board by the New York State Games of Chance Licensing
Law, Article 9-A of the General Municipal Law, in relation to the
issuance, amendment and cancellation of licenses, the conduct of investigations
and hearings and the collection and transmission of fees.
A.
No person, firm, association, corporation or organization, other than a licensee under the provisions of this article, shall conduct such games or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided in § 88-18 of this article.
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 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 an authorized supplier of games equipment licensed by the
New York State Racing and Wagering Board.
D.
The entire net proceeds of any game of chance and of any rental shall
be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
E.
No series of prizes on any one occasion of games of chance shall
aggregate more than $1,000.
F.
No prize shall exceed the sum or value of $1,00 in any operation
or conducting of a single game of chance. No single wager shall exceed
$10.
G.
No person except a bona fide member of any such organization, its auxiliary or affiliated organization shall participate in the management or operation of such game as set forth in § 88-23 of this article.
H.
No person shall receive any remuneration for participating in the
management or operation of any such game.
I.
The conduct of games of chance on Sundays is only permitted when
it is specifically provided for in the license issued. No games, however,
shall be conducted on Easter Sunday, Christmas Day, or New Year's
Eve.
J.
No game of chance shall involve wagering of money by one participant
against another participant. Participants in all games must wager
against the authorized organization conducting the games. Side or
wrong-way bets, wherein one participant wagers on the inability of
another participant to win at any particular operation of a game of
chance, are prohibited.
A.
To conduct games of chance:
(1)
Each applicant for a license shall, after obtaining an identification
number from the New York State Racing and Wagering Board, file with
the Village Clerk a written application therefor, in a form to be
prescribed by the New York State Racing and Wagering Board and/or
the Village Clerk, duly executed and verified, in which shall be stated:
(a)
The name and address of the applicant, together with sufficient
facts relating to its incorporation and organization to enable the
Village Clerk to determine whether or not it is a bona fide authorized
organization.
(b)
The names and home addresses of its officers; and the place
or places where, the date or dates when and the time or times when
the applicant intends to conduct games under the license applied for.
(c)
The amount of rent to be paid or other consideration to be given,
directly or indirectly, for such occasion for use of the premises
of another authorized organization licensed under this article to
conduct such games or for the use of the premises of an authorized
games of chance lessor.
(d)
All other items of expense intended to be incurred or paid in
connection with the holding, operating and conducting of such games
of chance and the names and addresses of the persons to whom and the
purpose for which they are to be paid.
(e)
The purposes to which the entire net proceeds of such games
are to be devoted and in what manner; that no commission, salary,
compensation, reward or recompense will be paid to any person for
conducting such game or games or for assisting therein except as otherwise
provided in Article 9-A of the General Municipal Law; and such other
information as shall be prescribed by such rules and regulations of
the New York State Racing and Wagering Board.
(2)
In each application there shall be designated not less than four
active members of the applicant organization under whom the game 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 New
York State Racing and Wagering Board, Article 9-A of the General Municipal
Law and the provisions of this article.
B.
Authorized games of chance lessor. 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 New York State Racing and Wagering Board and/or the Village Clerk, duly executed and verified, which shall set forth the name and address of the premises intended to be covered by the license sought, a statement that the applicant in all respects conforms with the specifications contained in the definition of "authorized organization," set forth in § 88-15 of this article, and such other information as shall be prescribed by the New York State Racing and Wagering Board and the provisions of this article.
A.
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.
(1)
Issuance of licenses to conduct games of chance. If the Village Clerk
shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this article; that the member or
members of the applicant designated in the application to conduct
games of chance are bona fide active members of the applicant and
are persons of good moral character and have never been convicted
of a crime or, if convicted, have received a pardon or a certificate
of good conduct; that such games are to be conducted in accordance
with the provisions of this article and in accordance with the rules
and regulations of the New York State Racing and Wagering Board and
that the proceeds thereof to be disposed of as provided by this article;
and if the Village Clerk is satisfied that no commission, salary,
compensation, reward or recompense whatever will be paid or given
to any person holding, operating or conducting or assisting in the
holding, operation and conduct of any such games, except as otherwise
provided in this article; and that no prize will be given in excess
of the sum or value of $100 in any single game; and that the aggregate
of all prizes given on one occasion under said license shall not exceed
the sum or value of $1,000, the Village Clerk 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 authorize games of chance lessors. 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 this article; that the applicant satisfies the requirements for an authorized games of chance lessor as defined in § 88-15 of this article; that there is a public need and that public advantage will be served by the issuance of such licenses; that the applicant has filed its proposed rent for each game of chance occasion; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in this article; and that such leasing of a hall or premises for the conduct of such games is to be in accordance with the provisions of this article and in accordance with the rules and regulations of the New York State Racing and Wagering Board, the Village Clerk 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 upon payment of a license fee of $50 for each license period that a duly licensed authorized organization leases the premises or hall. The license issued pursuant to this subsection shall be valid for one license period only.
B.
On or before the 30th day of each month, the Treasurer of the Village
of Hilton, on behalf of the Village Clerk, shall transmit to the State
Comptroller a 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 Village 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 an authorized organization
shall be denied by the Village Clerk until after a hearing held by
the Village Clerk 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 Village Clerk 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 of the New York State
Racing and Wagering Board and shall contain a statement of the name
and address of the licensee, of the names and addresses of the member
or members of the licensee under whom the games will be conducted,
of the place or places where and the date or dates and time or times
when such games are to be conducted and of the purposes to which the
entire net proceeds of such games are to be devoted; if any prize
or prizes are to be given in cash, a statement of the amounts of the
prizes authorized so to be given; and any other information which
may be required by said rules and regulations to be contained therein.
Each license issued for the conduct of any games shall be conspicuously
displayed at the place where same is to be conducted at all times
during the conduct thereof.
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 New York State Racing and Wagering Board and shall contain
a statement of the name and address of the licensee and the address
of the leased premises, the amount of permissible rent and any information
which may be required by said rules and regulations to be contained
therein. Each such license shall be conspicuously displayed upon such
premises at all times during the conduct of games of chance.
A.
The chief law enforcement officer of the County of Monroe 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 New York State Racing
and Wagering Board and the provisions of this article. Such chief
law enforcement officer and the New York State Racing and Wagering
Board shall have the power and the authority to temporarily suspend
any license issued by the Village Clerk, pending a hearing held by
the Village Clerk, and after notice and hearing, the New York State
Racing and Wagering Board may suspend or revoke the same and shall
have the right of entry by its 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 chief law enforcement officer shall make an on-site inspection
during the conduct of all games of chance licensed pursuant to this
article.
B.
The service of alcoholic beverages is subject to the applicable provisions
of the Alcoholic Beverage Control Law. Beer may be offered for sale
during the conduct of games of chance, but the offering of all other
alcoholic beverages is prohibited.
A.
Participation by persons under 18. No person under the age of 18
years shall be permitted to play any games of chance conducted pursuant
to any license issued under this article. No person under the age
of 18 years shall be permitted to conduct or assist in the conduct
of any game of chance conducted pursuant to any license issued under
this article.
B.
Frequency of games. 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. Games shall be conducted only between the hours
of 12:00 noon and 12:00 midnight on Sunday, 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 12:00 noon on Saturday
and 2:00 a.m. Sunday. The 2:00 a.m. closing periods shall also apply
to a legal holiday.
C.
Persons operating and conducting games; equipment; expenses; compensation.
(1)
No person shall hold, operate or conduct any game of chance under
any license issued under this article 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 of
chance 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 such licensee
is an auxiliary, or member of an organization or association which
is affiliated with the licensee by being, with it, auxiliary to another
organization or association.
(2)
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.
(3)
At least two officers, directors, trustees or clergy of the authorized
organization shall, upon request, certify under oath that the persons
assisting in holding, operating or conducting any games of chance
are bona fide members of such authorized organization, auxiliary or
affiliated organization. Upon request by the chief law enforcement
officer of Monroe County, any such person involved in such game of
chance shall certify that he or she has no criminal record.
(4)
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 article except those that are reasonable and are necessarily
expended for games of chance supplies and equipment; prizes; stated
rental, if any; bookkeeping or accounting services, according to a
schedule of compensation prescribed by the New York State Racing and
Wagering Board; janitorial services and utility supplies, if any;
license fees; and the cost of bus transportation if authorized by
said Board.
D.
Charge for admission and participation; amount of prizes; award of
prizes. Not more than $2 shall be charged by any licensee for admission
to any room or place in which any game or games of chance are to be
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.
E.
Advertising games. No game of chance conducted or to be conducted
in the Village of Hilton shall be advertised as to its location, the
time when it is to be or has been played, the prizes awarded or to
be awarded or transportation facilities to be provided to such game
by means of newspapers, radio, television or sound trucks, by means
of billboards, posters or handbills or by any other means addressed
to the general public, except that one sign not exceeding 24 square
feet in area 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
game 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 firefighting equipment
belonging to any licensee which is a volunteer fire company or upon
any first aid or first aid and rescue squad in and throughout the
communities served by such volunteer fire company or such first aid
or first aid and rescue squad, as the case may be.
F.
Statement of receipts, expenses; additional license fees.
(1)
Within seven days after the conclusion of any license period, the
authorized organization which conducted the same, its members who
were in charge thereof and, when applicable, the authorized organization
which rented its premises therefore shall each furnish to the Village
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 a list of prizes offered and given with the respective
values thereof. 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.
(2)
Upon the filing of such statement of receipts, the authorized organization
furnishing the same shall pay to the Treasurer of the County of Monroe,
as and for additional license fee, a sum not to exceed 5% of the reported
net proceeds, if any, for the license period covered by such statement
to defray the actual cost to the County of Monroe of controlling and
supervising the games of chance authorized by this article.
[Amended 1-9-1978 by L.L. No. 1-1978]
G.
Examination of books and records; examination of officers and employees;
disclosure of information.
(1)
The Village Clerk, the chief law enforcement officer of Monroe County
and the New York State Racing and Wagering Board shall have power
to examine or cause to be examined the books and records of:
(a)
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 or from the use of its premises for 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 such license, the use of its premises for games of chance
or disposition of net proceeds derived from games of chance, as the
case may be.
(b)
Any authorized games of chance lessor, so far as it 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.
(2)
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 article.
H.
Appeals from the decision of the Village Clerk to the New York State
Racing and Wagering Board. Any applicant for or holder of any license
issued or to be issued under this article aggrieved by any action
of the Village Clerk to whom such application has been made or by
whom such license has been issued may appeal to the New York State
Racing and Wagering Board from the determination of said Village Clerk
by filing with such Village Clerk 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 such
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 New York State Racing and Wagering Board upon
said appeal shall be binding upon the Village Clerk and all parties
to said appeal.
I.
Exemption from prosecution. No person, association, corporation or
organization lawfully conducting or participating in the conduct of
games of chance or permitting the conduct upon any premises owned
or leased by him or it under any license lawfully issued pursuant
to this article 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 article, but this immunity shall not extend to any person
or corporation knowingly conducting or participating in the conduct
of games of chance under any license obtained by any false pretense
or by any false statement made in any application for license, or
otherwise, or permitting the conduct upon any premises owned or leased
by him or it of any game of chance conducted under any license known
to him or it to have been obtained by any such false pretense or statement.
In application for a license and conduct of games, any person,
association, corporation or organization who or which shall:
A.
Make any material false statement in any application for any license
authorized to be issued under this article;
B.
Pay or receive for the use of any premises for conducting games of chance a rental in excess of the amount specified as the permissible rent in the license provided for in § 88-18 of this article;
C.
Fail to keep such books and records as shall fully and truly record
all transactions connected with the conducting of games of chance
or the leasing of premises to be used for the conduct of games of
chance;
D.
Falsify or make any false entry in any books or records so far as
they relate in any manner to the conduct of games of chance, to the
disposition of the proceeds thereof and to the application of the
rents received by any authorized organization;
E.
Divert or pay any portion of the net proceeds of any game of chance
to any person, association or corporation, except in furtherance of
one or more of the lawful purposes defined in this article;
F.
Operate or conduct a game or games of chance:
(1)
Unless in accordance with a valid license issued pursuant to this
article; or
(2)
Unless on behalf of a bona fide organization of persons 60 years
of age or over, commonly referred to as "senior citizens," solely
for the purpose of amusement and recreation of its members where:
(a)
The organization has applied for and received an identification
number from the New York State Racing and Wagering Board;
(b)
No player or person furnishes anything of value for the opportunity
to participate;
(c)
The prizes awarded or to be awarded are nominal;
(d)
No person other than a bona fide active member of the organization
participates in the conduct of the games; and
(e)
No person is paid for conducting or assisting in the conduct
of the game or games; shall forfeit any license heretofore issued
under this article, where applicable, and shall be ineligible to apply
for a license under this article for at least one year thereafter
and, in addition, shall be guilty of a misdemeanor and subject to
a fine of up to $1,000 or imprisonment for up to six months, or both.
The provisions of this article shall remain inoperative in the
Village of Hilton unless and until a proposition therefore submitted
to a special election in the Village of Hilton shall be approved by
a vote of the majority of the qualified electors in such municipality
voting thereon. Upon approval by said electors, this article shall
be effective on the filing of the same with the Secretary of State.
This article may be amended from time to time or repealed by
the Village Board of the Village of Hilton by a two-thirds vote of
such Village Board. 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 effecting such amendment or
repeal, as the case may be, and the approval of a majority of the
electors of the Village of Hilton shall not be a condition prerequisite
to the taking effect of such local law.
[Amended 1-9-1978 by L.L. No. 1-1978]
License fees herein established may be increased or decreased
from time to time by the New York State Racing and Wagering Board.
If any provision of this article or the application thereof
to the Village of Hilton or to any person or any such particular circumstances
shall be adjudged unconstitutional by any court of competent jurisdiction,
the remainder of this article or the application thereof to the Village
of Hilton or such other persons and circumstances shall not be affected
thereby.
