Town of Lansing, NY
Tompkins County
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[HISTORY: Adopted by the Town Board of the Town of Lansing 8-15-2012 by L.L. No. 3-2012. Amendments noted where applicable.]
This chapter shall be known as "Local Law Number 3 of 2012" (herein, the "chapter"). When used herein, the following terms have the following meanings unless the context thereof otherwise requires or so admits:
GENERAL MUNICIPAL LAW, EXECUTIVE LAW, MUNICIPAL HOME RULE LAW, PENAL LAW, AND THE LIKE
Shall refer to New York State statutes (each as now exists or as hereafter amended or re-codified), and their applicable regulations, rules, enforcement and interpretive orders and guidelines, and any applicable orders or executive orders implementing or interpreting such statutes, rules, or regulations.
LAW
Whenever such term is used it shall refer to all applicable local, state, and federal laws, regulations, rules, enforcement and interpretive orders and guidelines, and any applicable orders or executive orders implementing or interpreting such statutes, rules, or regulations, and the common law sounding in law and equity, relative to the subject matter of such referenced matter, Law or Law.
LOCAL ENFORCEMENT OFFICER
The Town Clerk, the Town Supervisor, the Town's Code Enforcement Officer, and any other person or officer appointed for such purpose by future resolution of the Town Board.
LOCAL LAW
This Local Law Number 3 of 2012, a "Local Law to Authorize Bingo and Games of Chance within the Town of Lansing."
TOWN
The Town of Lansing.
TOWN BOARD
The Town Board of the Town of Lansing.
TOWN CLERK
The Town Clerk of the Town of Lansing.
This chapter is adopted pursuant to, inter alia, the authority granted by § 477 of Article 14-H of the General Municipal Law, § 188 of Article 9-A of the General Municipal Law, and § 10 of the Municipal Home Rule Law. The purpose of this chapter is to declare bingo and legal games of chance as lawful activities within the Town when conducted in accordance with this chapter and applicable state and federal laws pertaining to such games. Any prior local law or ordinance of the Town concerning this same subject matter (bingo and games of chance) are hereby repealed, superseded, and replaced by this chapter, including, but not limited to, Town of Lansing Ordinances No. 1 (Bingo Ordinance No. 1 of 1958) and No. 1A of 1963 (an ordinance amending Bingo Ordinance No. 1, of 1958).
A. 
The words and terms used in this section of this chapter shall have the same meanings as such words and terms are used in Article 14-H of the General Municipal Law, unless the context thereof otherwise requires or so admits. Without limiting the foregoing, the definitions of "authorized organization," "lawful purposes," "bingo," and "game," as set forth in § 476 of the General Municipal Law.
B. 
Pursuant to, and in accordance with, the provisions of § 478, Subdivision 1, of the General Municipal Law, and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor as provided in Article 14-H of the General Municipal Law, and/or pursuant to any other law, to conduct the game of bingo within the territorial limits of the Town, subject to the provisions of this chapter, the provisions of Article 14-H of the General Municipal Law, the provisions of the Bingo Control Law (Article 19-B of the Executive Law), and the rules and regulations set forth by any applicable New York State or local agency relating thereto. The conduct of bingo games shall be subject to the restrictions imposed by § 479 of the General Municipal Law.
C. 
Pursuant to § 485 of the General Municipal Law, the conduct of bingo games on Sunday is hereby authorized.
D. 
The powers and duties set forth in Subdivision 1 of § 484 of the General Municipal Law shall be exercised on behalf of the Town of Lansing by the Local Enforcement Officer(s).
E. 
In accordance with the provisions of § 478, Subdivision 2, of the General Municipal Law and § 23, Subdivision 1 of the Municipal Home Rule Law, this chapter shall not become operative or effective unless and until it shall have been approved at the next general election held within the Town by the affirmative vote of a majority of the qualified electors of the Town voting upon the proposition.[1]
[1]
Editor's Note: The provisions in this chapter were approved November 6, 2012.
A. 
The words and terms used in this section of this chapter shall have the same meanings as such words and terms are used in Article 9-A of the General Municipal Law, unless the context thereof otherwise requires or so admits. Without limiting the foregoing, the definitions of "authorized organization," "lawful purposes," and "games of chance" as set forth in § 186 of the General Municipal Law shall have those same definitions for the purposes of this chapter.
B. 
Pursuant to, and in accordance with, the provisions of § 188, Subdivision 1 of the General Municipal Law, and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor as provided in Article 9-A of the General Municipal Law, and/or pursuant to any other law, to conduct allowed and permitted games of chance within the territorial limits of the Town, subject to the provisions of this chapter, the provisions of Article 9-A of the General Municipal Law, and the rules and regulations set forth by any applicable New York State or local agency relating thereto. The conduct of games of chance shall be subject to the restrictions imposed by § 189 of the General Municipal Law.
C. 
Pursuant to § 195 of the General Municipal Law, the conduct of games of chance on Sunday at lawful times is hereby authorized. Notwithstanding this provision, no authority is granted to conduct games of chance on any day or holiday as prohibited by § 195 of the General Municipal Law.
D. 
The powers and duties set forth in § 194, Subdivision 1, of the General Municipal Law shall be exercised on behalf of the Town of Lansing by the Local Enforcement Officer. By resolution of the Town Board, the Town may, in the future and in accord with General Municipal Law § 194, Subdivision 2, "opt out" of enforcement by designating the chief law enforcement officer of Tompkins County as the local enforcement agency, and if so elected, the Town Board shall so authorize all payments referenced in General Municipal Law § 195-f to be then made so payable and deliverable to such chief law enforcement officer of Tompkins County.
E. 
Pursuant to § 190 of the General Municipal Law, applicants for a license who have obtained an identification number from the New York State Gaming Commission, and who otherwise qualify pursuant to said § 190, may apply for a license on a summary application as authorized in § 190, Subdivision 3, rather than a full application required by § 190, Subdivision 1 of the General Municipal Law.
F. 
In accordance with the provisions of § 188, Subdivision 2, of the General Municipal Law and § 23, Subdivision 1, of the Municipal Home Rule Law, this section of this chapter shall not become operative or effective unless and until it shall have been approved at the next general election held within the Town by the affirmative vote of a majority of the qualified electors of the Town voting upon the proposition.
G. 
This chapter shall apply to the territory of the Town within the Village of Lansing only if, after adoption of this chapter, the Board of Trustees of such Village adopts a local law or resolution in accordance with § 187 of the General Municipal Law authorizing the Town to issue licenses for games of chance within such Village.
No person or entity within the territorial limits of the Town shall own, operate, conduct, or permit any games of chance unless the same are permitted and not prohibited by the New York State Gaming Commission or otherwise by law. No games of chance, except those permitted by New York State, shall be permitted or allowed within the Town, and all games of chance prohibited by the Penal Law, the General Municipal Law, the Executive Law, or otherwise by law are expressly prohibited within the Town. All methods of operating games of chance as prohibited by the said Penal Law are also expressly prohibited in the Town.
A. 
The fees applicable to any license issues for any game of bingo or games of chance shall be in the amounts as prescribed by law or by the New York State Gaming Commission.
B. 
For renewal permits, and upon the filing of the statement of receipts pursuant to this chapter, the authorized person or organization furnishing the same shall pay to the Town Clerk a renewal fee as prescribed by law or by the New York State Gaming Commission.
C. 
Where no such fee schedule is established by state law or prescribed by law or by the New York State Gaming Commission, the application and/or permit fee shall be as set by resolution of the Town Board from time to time for the initial application and permit, and for any renewal(s) thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
The denial of any application for a license shall be subject to administrative review as required by the General Municipal Law and the New York State Gaming Commission. No standing to challenge such denial, and no standing under Article 78 of the Civil Practice Laws and Rules shall exist until such administrative appeal is exhausted and a final determination so issued.
A. 
Within seven days after the conclusion of any license period, other than a license period for a raffle or as otherwise prescribed by the New York State Gaming Commission, the authorized person or organization which conducted the same, and its members who were in charge thereof, shall furnish to the Town Clerk a statement subscribed by the member in charge and affirmed 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. Each licensee shall maintain and keep such books and records as may be necessary to substantiate the particulars of each such statement. If applicable, the lessor or renter of the premises where such games were held or conducted shall also file such a statement. Such additional information shall be provided whenever required by law or this chapter.
B. 
Within 30 days after the conclusion of any occasion during which a raffle was conducted, the authorized person or organization conducting such raffle and the members in charge of such raffle, and, when applicable, the authorized games of chance lessor or landlord that rented its premises therefor, shall each furnish to the Town Clerk a statement on a form as prescribed by the prescribed law or by the New York State Gaming Commission, duly subscribed by the member in charge and affirmed as true under the penalties of perjury, showing the number of tickets printed, the number of tickets sold, the price, and the number of tickets returned to or retained by the authorized organization as unsold, a description and statement of the fair market value for each prize actually awarded, the amount of the gross receipts derived therefrom, 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, a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from the raffle at such occasion, the use to which the 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. Such additional information shall be provided whenever required by law or this chapter.
C. 
Where the cumulative net proceeds or net profits derived from the conduct of a raffle or raffles are less than $30,000 during any one occasion, the reporting requirement shall be satisfied by the filing with the Town Clerk within 30 days of the conclusion of such occasion a verified statement in a form as prescribed by law or by the New York State Gaming Commission attesting to the amount of such net proceeds or net profits, and the distribution thereof for lawful purposes. When required by law, such form shall also be filed with the New York State Gaming Commission. However, where the cumulative net proceeds derived from the conduct of a raffle or raffles are less than $5,000 during any one occasion and less than $30,000 during one calendar year, no reporting shall be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and, thereafter, if appropriate, impose any fine, penalty, or sanction.
B. 
Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $1,000 or by imprisonment for not more than one year, or both. Each day that any noncompliance or violation continues is and may be charged as a separate violation.
C. 
In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued.
D. 
The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief.
(1) 
Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action:
(a) 
Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and
(b) 
The Town shall not be required to post any bond or undertaking; and
(c) 
The Town need not prove that:
[1] 
There is or will likely be irreparable harm; or
[2] 
That the Town has no adequate remedy at law.
(2) 
In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise.
The Town and its officers and agents shall not be liable or responsible for any injuries, losses, claims, or damages to, arising from or alleged as caused in whole or in part by the Town's actions, or failures to act, under or pursuant to this chapter or the law, unless it is proven to a reasonable degree of certainty that such injury, loss, claim, or damage was solely caused by a willful or intentional act of the Town or its officers and agents. This provision shall be construed and applied to the maximum extent permitted by law, and does not create any theory or claim of liability where none exists at law, or in law or equity.
If any part or provision of this chapter, or the application thereof to any person or circumstance, be adjudged invalid by any court or tribunal of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. If such provision is deemed invalid or unenforceable generally, and thus is or needs to be severed from this chapter, the remainder of this chapter shall remain in full force and effect and the Town Board declares that it would have adopted this chapter even if a portion hereof may be stricken, absent, or unenforceable.
This chapter shall take effect upon November 6, 2012, if then approved by the electors.[1]
[1]
Editor's Note: The provisions in this chapter were approved at the election held 11-6-2012.