[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."
A.
AUTHORIZED ORGANIZATION
(1)
(2)
BOARD
GAMES OF CHANCE
TOWN
As used in this chapter, the following terms shall have the following
meanings:
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.
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.
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.
B.
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:
A.
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.
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 a percentage of the receipts or net profits
derived from the operation of such game.
C.
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.
D.
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.
E.
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.
F.
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.
G.
In addition to merchandise wheels, no more than five other single
types of games of chance shall be conducted during any one license
period.
H.
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.
I.
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.
J.
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.
K.
No person shall receive any remuneration for participating in the
management or operation of any such game.
L.
No authorized organization shall extend credit to a person to participate
in playing a game of chance.
M.
No game of chance shall be conducted on other than the premises of
an authorized organization or an authorized games of chance lessor.
N.
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.
