[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:
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.
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.
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.
This Local Law Number 3 of 2012, a "Local Law to Authorize
Bingo and Games of Chance within the Town of Lansing."
The Town of Lansing.
The Town Board of the Town of Lansing.
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subject matter (bingo and games of chance) are hereby repealed, superseded,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:
(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.
