[HISTORY: Adopted by the Town Board of the Town of Fabius 8-18-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Games of Chance Law of the Town of Fabius, New York."
As used in this chapter, the following terms shall have the following meanings:
- (1) Includes any bona fide religious or charitable organization or bona fide educational, fraternal 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 one or more of the lawful purposes as defined in § 186 of the General Municipal Law, 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 § 186 of the General Municipal Law for a period of three years immediately prior to applying for a license under this chapter and Article 9-A of the General Municipal Law.
- (2) No organization shall be deemed an authorized organization which is formed primarily for the purpose of conducting games of chance and which does not devote at least 75% of its activities to other than conducting games of chance. No political party shall be deemed an authorized organization.
- New York State Racing and Wagering Board.
- GAMES OF CHANCE
- Includes only the games known as "merchandise wheels" and such other specific games as may be authorized by the Board, 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 under Article 14-H of the General Municipal Law and also not including "slot machine," "bookmaking," "policy or number games" and "lottery" as defined in § 225.00 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.
- The Town of Fabius in the County of Onondaga in the State of New York.
Other terms. All other terms used in this chapter shall have, for the purpose of this chapter, the meanings respectively ascribed to them by § 186 of the General Municipal Law.
Authorized organizations may, upon the obtainment of a license from the Town of Clerk, conduct games of chance within the Town of Fabius as provided in Article 9-A of the General Municipal Law and as provided further in this chapter. Such games of chance shall be conducted in accordance with the general state law and with the rules and regulations of the New York State Racing and Wagering Board and this chapter.
The conduct of such games of chance shall be subject to the following restrictions:
No person, firm, partnership, corporation or organization, other than a licensee under the provisions of § 191 of the General Municipal Law, shall conduct such game or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, direct or indirect.
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 a percentage of the receipts or net profits derived from the operation of such game.
No authorized organization licensed under the provisions of this chapter shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than a supplier licensed by the Board or from another authorized organization.
The entire net proceeds of any game of chance shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same, and the net proceeds of any rental derived therefrom shall be exclusively devoted to the lawful purposes of the authorized games of chance lessor.
No single prize shall exceed the sum or value of $100, except that for merchandise wheels, no single prize shall exceed the sum or value of $250. No single wager shall exceed $2.
No authorized organization shall award a series of prizes consisting of merchandise with an aggregate value in excess of $1,000 during the successive operations of any one merchandise wheel.
In addition to merchandise wheels, no more than five other single types of games of chance shall be conducted during any one license period.
Except for merchandise wheels, no series prizes on any one occasion shall aggregate more than $200 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $250 when the licensed authorized organization conducts less than five single types of games of chance, exclusive of merchandise wheels, during any one license period.
Except for the limitations on the sum or value for single prizes and series of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period.
No person except a bona fide member of the licensed authorized organization shall participate in the management of such games; no person except a bona fide member of the licensed authorized organization, its auxiliary or affiliated organization, shall participate in the operation of such game, as set forth in § 195-c of the General Municipal Law.
No person shall receive any remuneration for participating in the management or operation of any such game.
No authorized organization shall extend credit to a person to participate in playing a game of chance.
No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor.
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
This chapter shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law, except as otherwise provided in this chapter, and any amendment to the provisions in such article to the extent such provisions and amending acts are otherwise applicable to games of chance authorized under this chapter.
Games of chance on the first day of the week, commonly known as "Sunday," may be conducted pursuant to this chapter and appropriate state law and regulation.
The Chief of Police of the Town of Fabius shall exercise control over and supervision of all games of chance conducted under an appropriately issued license. Such Department shall have all those powers and duties set forth in Article 9-A of the General Municipal Law.