[HISTORY: Adopted by the Town Board of the Town of LaFayette
as indicated in article histories. Amendments noted where applicable.]
[Adopted by L.L. No. 1-1978; amended in its entirety 12-8-2020 by L.L. No. 2-2020]
This article is enacted pursuant to the authority of Article
9-A of the General Municipal Law of the State of New York and shall
be known as the "Games of Chance Law of the Town of LaFayette."
The words and terms used in this article shall have the same
meanings as such words and terms are used in Article 9-A of the General
Municipal Law.
Authorized organizations may, upon obtainment of a license from
the Town Clerk, conduct games of chance within the Town as provided
in Article 9-A of the General Municipal Law and as provided further
in this article. 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 Gaming Commission and this article.
Any police office or peace officer having jurisdiction, including
the Onondaga County Sheriff's Department, shall, in connection with
his duties imposed by law, diligently enforce the provisions of this
article.
Games of chance on the first day of the week, commonly known
as "Sunday," may be conducted pursuant to this article and appropriate
statutes and regulations.
[Adopted 6-15-1992 by L.L. No. 3-1992, approved at referendum 11-4-1992]
The Town Board finds the raising of funds for the promotion
of bona fide charitable, educational, scientific, health, religious,
civic and patriotic causes and undertakings, where the beneficiaries
are indefinite, to be in the public interest, and that the mandate
of Section 9 of Article 1 of the Constitution of the State of New
York, as amended, should be carried out by rigid regulations to prevent:
[Amended 12-8-2020 by L.L. No. 2-2020]
This article is subject and subordinate to all the conditions
and provisions contained in Article 14-H of the General Municipal
Law and amendments thereto, the provisions of Executive Law § 430
et seq. and the rules and regulations adopted or to be adopted by
the New York State Gaming Commission. The provisions of Article 14-H
are hereby adopted.
A.
As used
in this article, the terms "authorized commercial lessor", "authorized
organization", "bingo", "bingo control law", "game", "lawful purposes",
"limited period bingo", "net lease", "net proceeds", "prize" and "supercard"
shall have the meanings designated in the definitions set forth in
Article 14-H of the General Municipal Law.
B.
COMMISSION
MUNICIPALITY
OCCASION
TOWN BOARD
TOWN CLERK
As used in this article, the following terms shall have the meanings
indicated:
The New York State Gaming Commission.
[Amended 12-8-2020 by L.L. No. 2-2020]
The Town of LaFayette.
A single gathering or session at which a series of successive
bingo games, both regular and special, is played, not to exceed 35
in number, except in the conduct of limited-period bingo which is
not to exceed 60 in number.
The Town Board of the Town of LaFayette.
The Town Clerk of the Town of LaFayette.
C.
Words singular in form may include the plural, and words plural in
form may include the singular; and words in the masculine gender shall
include the feminine and neuter genders.
No person, firm, association, corporation or organization other
than an authorized organization licensed under the provisions of this
article shall be permitted to conduct the game of bingo or lease or
otherwise make available for conducting the game of bingo a hall or
other premises within the territorial limits of the Town of LaFayette.
The conduct of bingo under a license issued pursuant to this article
shall be subject to the terms and conditions of the issued license,
the provisions of this article, Article 14-H of the General Municipal
Law and Executive Law § 430 et seq. and the rules and regulations
of the Commission.
A.
Application to conduct bingo.
(1)
Each applicant for a license to conduct the game of bingo, after
obtaining an identification number from the Commission, shall file
with the Town Clerk a written application for the license in triplicate
in the form prescribed by the Commission, 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
Town Board to determine whether or not it is a bona fide authorized
organization;
(b)
The names and addresses of its officers; the place(s) where,
the date(s) and the time(s) when the applicant intends to conduct
bingo under the license applied for;
(c)
In case the applicant intends to lease premises for the conduct
of bingo from other than an authorized organization, the name and
address of the licensed commercial lessor of the premises, and the
capacity or potential capacity for public assembly purposes of space
in any premises presently owned or occupied by the applicant;
(d)
The amount of rent or other consideration to be paid or given
directly or indirectly for each occasion for use of the premises of
another authorized organization licensed under this article to conduct
bingo or for the use of the premises of a licensed commercial lessor;
(e)
All other items of expense intended to be incurred or paid in
connection with the holding, operating and conducting of games of
bingo and the names and addresses of the persons to whom, and the
purposes for which, they are to be paid;
(f)
The purposes to which the entire net proceeds of the games are
to be devoted and in what manner; and that no commission, salary,
compensation, reward or recompense shall be paid to any person for
conducting the games or for assisting therein except as otherwise
provided in this article;
(g)
That no member of the applicant has ever been convicted of a
crime, or if convicted, has received a pardon or a certificate of
good conduct; and
(h)
Any other information as shall be prescribed by the Town Board
or the rules and regulations of the Commission.
(2)
In each application there shall be designated not less than four
active members of the applicant organization under whom the games
of bingo will be conducted and appended to the application shall be
a statement executed by the designated members that they will be responsible
for the conduct of the games of bingo in accordance with the terms
of the license, the provisions of this article and Article 14-H of
the General Municipal Law, and the rules and regulations of the Commission.
B.
Commercial lessor application to lease premises.
(1)
Each applicant for a license to lease premises to a licensed authorized
organization for the purposes of conducting bingo in the premises
shall file with the Town Clerk and the Commission a written application
for the license in the form prescribed by the Commission, duly executed
and verified, which shall set forth:
(a)
The name and address of the applicant;
(b)
Designation and address of the premises intended to be covered
by the license sought;
(c)
Lawful capacity for public assembly purposes in the premises;
(d)
Cost of the premises and assessed valuation for real estate
tax purposes, or annual net lease rent, whichever is applicable;
(e)
Gross rentals received and itemized expenses for the immediately
preceding calendar or fiscal year, if any;
(f)
Gross rentals, if any, derived from bingo during the last preceding
calendar or fiscal year;
(g)
Computation by which the proposed bingo rental schedule was
determined;
(h)
Number of occasions on which applicant anticipates receiving
rent for bingo during the ensuing year or shorter period if applicable;
(i)
Proposed rent for each such occasion;
(j)
Estimated gross rental income from all other sources during
the ensuing year;
(k)
Estimated expenses itemized for the ensuing year and amount
of each item allocated to bingo rentals;
(l)
A statement that the applicant in all respects conforms with
the specifications contained in the definition of "authorized commercial
lessor" set forth in § 476 of Article 14-H of the General
Municipal Law; and
(m)
Any other information as shall be prescribed by the Town Board
or rules and regulations of the Commission.
(2)
At the end of the license period, a recapitulation, in the manner
prescribed in the rules and regulations of the Commission, shall be
made as between the licensee and the Town Board in respect to the
gross rental actually received during the license period and the license
fee previously paid, and any deficiency of fee thereby shown to be
due shall be paid by the licensee and any excess of fee thereby shown
to have been paid by the licensee shall be credited to the licensee
only in the event the licensee applies for a license in a subsequent
year.
The Town Board shall make an investigation of the qualifications
of each applicant for a license under this article and the merits
of each application, with due expedition after the filing of the application;
provided, however, at least seven days shall elapse between the time
the original application is filed and the time when the Town Board
makes its findings and determination.
A.
License to conduct bingo.
(1)
The Town Board shall determine that:
(a)
The applicant is duly qualified to be licensed to conduct bingo
under this article;
(b)
The members of the applicant designated in the application to
conduct bingo 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;
(c)
The games are to be conducted in accordance with the provisions
of this article, the rules and regulations of the Commission and Article
14-H of the General Municipal Law;
(d)
The proceeds of the games are to be disposed of as provided
by this article;
(e)
The Town Board is satisfied that no commission, salary, compensation,
reward or recompense whatsoever will be paid or given to any person
holding, operating or conducting or assisting in the holding, operation
and conduct of the games except as otherwise provided in this article;
(f)
No prize will be given in excess of the sum or value of $250
in any single game and that the aggregate of all prizes given on one
occasion under the license shall not exceed the sum or value of $1,000;
and
(g)
The applicant is domiciled within the territorial limits of
the Town of LaFayette.
(2)
The Town Board shall authorize the Town Clerk to issue a license
to the applicant for the conduct of bingo upon payment of a license
fee for each bingo occasion in an amount set from time to time by
the Town Board; provided, however, that the Town Board shall refuse
to issue a license to an applicant seeking to conduct bingo in premises
of a licensed commercial lessor where it determines that the premises
presently owned or occupied by the applicant are not in every respect
adequate and suitable for conducting bingo games.
[Amended 12-8-2020 by L.L. No. 2-2020]
B.
License to commercial lessor.
(1)
The Town Board shall determine that:
(a)
The applicant seeking to lease a hall or premises for the conduct
of bingo to an authorized organization is duly qualified to be licensed
under this article and the rules and regulations of the Commission;
(b)
The applicant satisfies the requirements for an authorized commercial
lessor as defined in § 476 of Article 14-H of the General
Municipal Law;
(c)
At the time of the issuance of an initial license, the Town
Board shall find and determine that there is a public need and that
a public advantage will be served by the issuance of the license;
(d)
The applicant has filed its proposed rent for each bingo occasion;
(e)
The Commission has approved as fair and reasonable the schedule
of maximum rentals for each occasion of bingo;
(f)
There is no diversion of the funds of the proposed lessee from
the lawful purposes as defined in Article 14-H of the General Municipal
Law; and
(g)
The leasing of a hall or premises for the conduct of bingo is
to be in accordance with the provisions of this article, Article 14-H
of the General Municipal Law and the rules and regulations of the
Commission.
(2)
The Town Board shall authorize the Town Clerk to issue a license
permitting the applicant to lease the premises for the conduct of
bingo to the authorized organization(s) specified in the application
during the period specified in the application or shorter period as
the Town Board shall determine, but not to exceed one year, upon payment
of a license fee plus an amount based upon the aggregate rent specified
in the license, both as set from time to time by the Town Board.
[Amended 12-8-2020 by L.L. No. 2-2020]
C.
Transmission of fees. On or before the 30th day of each month, the
Treasurer of the Town of LaFayette shall transmit to the New York
State Comptroller a sum equal to 50% of all commercial lessor license
fees and the sum of $11.25 per occasion of all license fees for the
conduct of bingo collected by the Town of LaFayette pursuant to this
section during the preceding calendar month.
D.
Effective period. No license shall be issued under this article which
shall be effective for a period of more than one year from the date
of original issuance. At least 20 minutes shall elapse between occasions
conducted on the same day.
E.
Filing. Upon investigation and approval of a license application,
the Town Board shall record its findings and determination on the
form prescribed by the Commission and send a copy of its record, together
with two copies of the application, to the Commission at least seven
days prior to the holding of the first game authorized.
F.
Refund of license fee.
(1)
The following shall be the grounds for the payment of a refund on
account of a license fee paid pursuant to this article:
(a)
In the event that an application for a license or an amendment
to a license is not granted, the fee paid with the application shall
be returned to the applicant; or
(b)
In the event that a licensee shall voluntarily discontinue the
conduct of bingo for which the license was issued or relocate to another
municipality, the unused portion in excess of $50 of paid license
fees shall be refunded to the licensee.
(2)
An application for a refund shall be made within one year of the
denial of the application, voluntary discontinuance of the conduct
of bingo or the relocation of the licensee to another municipality.
Any refund made pursuant to this section shall be paid from license
fees collected pursuant to this article or from other monies lawfully
appropriated for this purpose.
No application for the issuance of a license under this article
shall be denied by the Town Board until after a hearing, held on due
notice to the applicant, at which time the applicant shall be entitled
to be heard upon its qualifications and the merits of its application.
Any license issued under this article may be amended upon application,
in triplicate, in the form prescribed by the Commission, to the Town
Board, if the subject matter of the proposed amendment could lawfully
and properly have been included in the original license and upon payment
of the additional license fee, if any, as would have been payable
if it had been so included.
Any applicant for, or holder of, any license issued or to be
issued under this article aggrieved by any action of the Town Board
to which an application has been made or by which the license has
been issued may appeal to the Commission from the determination of
the Town Board by filing with the Town Board a written notice of appeal
within 30 days after the determination or action appealed from; and
upon the hearing of the appeal, the evidence, if any, taken before
the Town Board and any additional evidence may be produced and shall
be considered in arriving at a determination of the matters in issue.
The action of the Commission upon the appeal shall be binding upon
the Town Board and all parties to the appeal.
A.
License to conduct bingo.
(1)
Each
license to conduct bingo shall be in the form as prescribed in the
rules and regulations of the Commission and shall contain a statement
of:
(a)
The name and address of the licensee;
(b)
The names and addresses of the member(s) of the licensee under whom
the games will be conducted;
(c)
The place(s) where and the date(s) and time(s) when the games are
to be conducted;
(d)
The purposes to which the entire net proceeds of the games are to
be devoted;
(e)
If any prize(s) are to be given in cash, a statement of the amounts
of the prizes authorized so to be given; and
(f)
Any other information which may be required by the rules and regulations
of the Commission.
(2)
Each
license issued for the conduct of any game shall be conspicuously
displayed at the place where the games are to be conducted at all
times during the conduct of the games.
B.
License to commercial lessor.
(1)
Each
license to lease premises for conducting bingo shall be in the form
prescribed in the rules and regulations of the Commission and shall
contain a statement of:
(2)
Each
license to lease premises for conducting bingo shall be conspicuously
displayed upon the leased premises at all times during the conduct
of bingo.
The Town Board shall have and exercise rigid control and close
supervision over all games of bingo conducted under each license issued
under this article, to the end that the games are fairly conducted
in accordance with the provisions of the license, the provisions of
this article and Article 14-H of the General Municipal Law and the
rules and regulations of the Commission.
The Town Board and the Commission shall have the power and the
authority to suspend and revoke any license issued by the Town Board,
and, in the case of an authorized commercial lessor, to impose a fine
in an amount not exceeding $1,000, after notice and hearing, for violation
of any provisions of the license. In addition, the Town Board and
the Commission, after notice and hearing, may impose a fine in an
amount not exceeding $1,000 on any license issued under this article
for violation of any provision of the license, this article, Article
14-H of the General Municipal Law or the rules and regulations of
the Commission.
The Town Board and the Commission shall have the right of entry,
by their respective officers and agents, at all times into any premises
where any game of bingo is being conducted or where it is intended
that any game shall be conducted, or where any equipment being used
or intended to be used in the conduct of bingo is found, for the purpose
of inspecting the premises. An agent of the Town Board shall make
an on-site inspection during the conduct of all games of bingo licensed
pursuant to this article.
Proceedings to revoke a license issued pursuant to this article
may be instituted either by the Town Board, the Commission or on complaint
of any person, including any public official or agency, and shall
be conducted in accordance with the rules and regulations of the Commission.
A.
No person, firm, association, corporation or organization, other
than a licensee under the provisions of this article, or as otherwise
provided in this article, shall conduct the game of bingo or lease
or otherwise make available for conducting the game of bingo a hall
or other premises for any consideration whatsoever, direct or indirect.
B.
No bingo games shall be held, operated or conducted on or within
any leased premises if rental under the lease is to be paid, wholly
or partly, on the basis of a percentage of or according to the receipts
or net profits derived from the operation of the bingo games or the
number of persons attending any occasion.
C.
No licensed authorized organization 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
New York Executive Law § 430 et seq. or from another authorized
organization.
D.
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 game or lease the premises, as the case may
be.
E.
No prize shall exceed the sum or value of $250 in any single game
of bingo.
F.
No series of prizes on any one occasion of bingo shall aggregate
more than $1,000.
G.
No person except a bona fide member of the authorized organization,
or its auxiliary, ancillary or affiliated organization, shall participate
in the management or operation of a game of bingo.
H.
No person shall receive any remuneration for participating in the
management, conduct or operation of any game of bingo except as provided
in this article. One or more signs prohibiting tipping shall be prominently
displayed in each playing area.
I.
A designated member under whom the games of bingo will be conducted
shall be on the premises continually during each occasion of bingo.
J.
Limited-period bingo shall be conducted in accordance with the provisions
of this article and Article 14-H of the General Municipal Law and
the rules and regulations of the Commission.
K.
The conduct of games of bingo on Sunday is only permitted when it
is specifically provided for in the issued license. No games of bingo,
however, shall be conducted on Easter Sunday, Christmas Day or New
Year's Eve.
L.
Every winner in a game of bingo shall be determined and every prize
shall be awarded and delivered within the same calendar day as that
upon which the game was played.
A.
No person under the age of 18 years shall be permitted to play any
game(s) of bingo conducted pursuant to any license issued under this
article unless accompanied by an adult; nor shall any person under
the age of 18 years conduct or assist in the conduct of any game of
bingo conducted pursuant to any license issued under this article.
B.
A game(s) of bingo, except limited-period bingo, shall:
C.
Game(s) of limited-period bingo shall 1) not be conducted under any
license under this article for a period of more than seven of 12 consecutive
days in any one year, 2) be conducted between the hours of 12:00 noon
and 12:00 midnight, and 3) not be conducted on more than two occasions
in any one day. No authorized organization licensed to conduct limited-period
bingo shall be otherwise eligible to conduct bingo in the same calendar
year.
D.
No game(s) of bingo shall be conducted in any room or outdoor area
where alcoholic beverages are sold, served or consumed during the
progress of the game(s). No alcoholic beverage shall be given as a
prize in any game of bingo.
E.
No person shall hold, operate or conduct any game of bingo under
any license issued under this article except an active member of the
licensee. No person shall assist in the holding, operating or conducting
of any game of bingo under any license except an active member of
1) the licensee, 2) an organization which is an auxiliary to the licensee,
3) an organization of which the licensee is an auxiliary, or 4) an
organization which is affiliated with the licensee by being, with
it, auxiliary to another organization, and except bookkeepers or accountants
as hereinafter provided. Every licensee shall maintain a current membership
list, which shall be available for inspection at all reasonable times.
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 game of bingo are
bona fide members of the authorized organization, auxiliary or affiliated
organization.
F.
No game of bingo shall be conducted with any equipment except as
shall be owned absolutely by the licensed authorized organization
or used without payment of any compensation for conducting bingo by
the licensee.
G.
No items of expense shall be incurred or paid in connection with
the conducting of any game of bingo pursuant to any license issued
under this article, except those that are reasonable and are necessarily
expended for:
(1)
Bingo supplies and equipment;
(2)
Prizes;
(3)
Stated rental, if any;
(4)
Bookkeeping or accounting services according to the schedule of compensation
prescribed by the Commission;
(5)
Janitorial services and utility supplies, if any;
(6)
License fees; and
(7)
The cost of bus transportation, if authorized by the Commission.
H.
No supercard game of bingo shall be conducted in the Town of LaFayette.
I.
The sale or offering for sale of any merchandise within 1/2 hour
prior to, during or within 1/2 hour after the conclusion of any bingo
occasion shall be prohibited, except for the sale or offering for
sale of bingo supplies by the licensee or the sale of food or refreshments,
if authorized by the license.
A.
Except in the conduct of limited-period bingo, an admission fee of
$5 shall be charged by any licensee for admission to any room or place
in which any game(s) of bingo is to be conducted under any license
issued under this article. The payment of the admission fee shall
entitle the person paying the fee to participate without additional
charge in all regular games of bingo to be played under the license
on such occasion. No charge in excess of $1.25 shall be made for a
single opportunity to participate in all special games of bingo to
be played under the license on such occasion.
[Amended 12-8-2020 by L.L. No. 2-2020]
B.
In the conduct of limited-period bingo:
(1)
No admission fee shall be charged;
(2)
Not more than $0.25 shall be charged for a single opportunity to
participate in any one game, which charge, upon being paid, shall
entitle the person paying the charge to one card for participation
in one game; and
(3)
No licensee shall sell more than five opportunities to each player
participating in any one game.
A.
A licensee
may advertise the conduct of an occasion of bingo to the general public
by means of newspaper, radio, circular, handbill and poster, and by
one sign not exceeding 60 square feet in area, which may be displayed
on or adjacent to the premises owned or occupied by a licensed authorized
organization; and when an authorized organization is licensed to conduct
bingo occasions on the premises of another licensed authorized organization
or of a licensed commercial lessor, one additional such sign may be
displayed on or adjacent to the premises in which the occasions are
to be conducted. Additional signs may be displayed upon any fire-fighting
equipment belonging to any licensed authorized organization which
is a volunteer fire company, or upon any equipment of a first aid
or rescue squad in and throughout the community served by the volunteer
fire company or the first aid or rescue squad, as the case may be.
B.
All advertisements
shall be limited to:
Every authorized commercial lessor and authorized organization
leasing premises for conducting bingo shall comply with all applicable
rules and regulations promulgated or hereafter promulgated by the
Commission respecting the conduct of bingo in the leased premises.
No person, firm, association, corporation or organization lawfully
conducting, or participating in the conduct of bingo 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 New York Penal Law (Gambling Offenses) or any other law
or ordinance to the extent that the conduct is specifically authorized
by this article. However, this immunity shall not extend to any person,
firm, association, corporation or organization knowingly conducting
or participating in the conduct of bingo under any license obtained
by any false pretense or by any false statement made in any application
for a license or otherwise, or permitting the conduct upon any premises
owned or leased by him or it of any game of bingo conducted under
any license known to him or it to have been obtained by any such false
pretense or statement.
A.
Within
seven days after the conclusion of any occasion of bingo, the authorized
organization which conducted the games, and its members who were in
charge of the games and, when applicable, the authorized organization
which rented its premises for the conduct of the games, shall each
furnish to the Town Clerk a financial statement in the form prescribed
by the Commission subscribed by the member in charge and affirmed
by him as true, under the penalties of perjury, showing:
(1)
The
amount of the gross receipts derived from the games and each item
of expense incurred or paid, and each item of expense made or to be
made;
(2)
The
name and address of each person to whom each item of expenditure has
been paid, or is to be paid, with a detailed description of the merchandise
purchased or the services rendered;
(3)
The
net proceeds derived from the games or rental, as the case may be,
and the use to which the net proceeds have been or are to be applied;
and
(4)
A
list of prizes offered and given, with their respective values.
B.
It shall
be the duty of each licensee to maintain and keep books and records
as may be necessary to substantiate the particulars of each financial
statement.
Upon its filing of the financial statement, the authorized organization
shall pay to the Town Clerk, as and for an additional license fee,
a sum in the amount of 3% of the reported net proceeds, if any, or
as otherwise determined by the Commission, for the occasion covered
by the financial statement to defray the cost to the Town of administering
the provisions of this article.
A.
When no games of bingo are held on any date when a license authorizes
the games to be held, the authorized organization shall file with
the Town Clerk and the Commission a report to that effect within seven
days after the date the games were authorized to be held.
B.
In the event a bingo occasion is cancelled by the licensee due to
an unforeseen occurrence or extreme weather condition, the Commission
or the Town Board, in its discretion, and if notified on the next
business day following the scheduled occasion, may permit the licensee
to reschedule the cancelled occasion within a reasonable time without
payment of an additional fee. The licensee must apply for the rescheduled
date(s) in accordance with provisions to amend the license under this
article and the rules and regulations of the Commission.
Within 15 days after the end of each calendar quarter during which there has been any occasion of bingo, the licensee shall execute and file a summary statement in the form prescribed by the Commission subscribed by the member in charge and affirmed by him as true, under the penalties of perjury, showing the information required in § 111-27, with the Commission and the Town Clerk.
The Town Board shall not issue a further license to an authorized
organization found to be delinquent in filing its financial statement
or summary statement of bingo operations. Upon a finding of delinquency
or upon notification to the Town Board by the Commission, the Town
Board shall forthwith suspend any existing license and cancel the
unexpired term of the license. A license suspended for delinquency
in filing a financial statement or summary statement of bingo operations
shall be suspended pending the filing of the required financial statement
or summary statement.
A.
The Town Board and the Commission shall have the power to examine
or cause to be examined the books and records of:
(1)
Any authorized organization which is or has been licensed to conduct
bingo, so far as they may relate to bingo, including the maintenance,
control and disposition of net proceeds derived from bingo or from
the use of its premises for bingo, and to examine any manager, officer,
director, agent, member or employee of the authorized organization
under oath in relation to the conduct of any games of bingo under
any license, the use of its premises for bingo or the disposition
of net proceeds derived from bingo, as the case may be; and
(2)
Any licensed authorized commercial lessor so far as they may relate
to leasing premises for bingo and to examine the commercial lessor
or any manager, officer, director, agent or employee of the commercial
lessor under oath in relation to the leasing.
B.
Any information so received shall not be disclosed by the Town Board
or the Commission except so far as may be necessary for the purpose
of carrying out the provisions of this article, Article 14-H of the
General Municipal Law or Article 19-B of the Executive Law.
Any person, firm, association, corporation or organization who
or which shall make any false statement in any application for any
license authorized to be issued under this article; pay or receive,
for the use of any premises for conducting bingo, a rental in excess
of the amount specified as the permissible rent in the license; fail
to maintain or keep available for inspection the books and records
as shall fully and truly record all transactions connected with the
conducting of bingo or the leasing of premises to be used for the
conduct of bingo; falsify or make any false entry in any books or
records so far as they relate in any manner to the conduct of bingo,
to the disposition of the proceeds from the conduct of the games and
to the application of the rents received by any authorized organization;
divert or pay any portion of the net proceeds of any game of bingo
to any person, firm, association, corporation or organization, except
in furtherance of one or more of the lawful purposes set forth in
Article 14-H of the General Municipal Law; or violate any of the provisions
of this article or any term of any license issued under this article
shall be guilty of a misdemeanor and shall forfeit any license issued
under this article and be ineligible to apply for a license under
this article for at least one year thereafter.
A.
For purposes of this section, "bingo" or "game" shall mean and include
a specific game of chance, commonly known as "bingo" or "lotto", in
which prizes are awarded on the basis of designated numbers or symbols
on a card conforming to numbers or symbols selected at random, whether
or not a person who participates as a player furnishes something of
value for the opportunity to participate.
B.
Any person, firm, association, corporation or organization holding,
operating or conducting bingo or a game is guilty of a misdemeanor,
except when holding, operating or conducting bingo:
(1)
In accordance with a valid license issued pursuant to this article;
(3)
On behalf of a bona fide organization of persons 55 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 Commission;
(b)
No player or other 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(s); or
(4)
As an hotel's social activity solely for the purpose of amusement
and recreation of its guests where:
(a)
The hotel has applied for and received an identification number from
the Commission;
(b)
No player or other person furnishes anything of value for the opportunity
to participate;
(c)
The value of the prizes to be awarded shall not exceed $5 for any
one game or a total of $100 in any calendar day;
(d)
No person other than a hotel employee or a volunteer conducts or
assists in conducting the game(s); and
(e)
The game or games are not conducted in the same room where alcoholic
beverages are sold.
Except as provided in § 111-34, the provisions of this article shall remain inoperative in the Town of LaFayette unless and until a proposition therefor submitted at a general or special election in the Town of LaFayette shall be approved by a vote of the majority of the qualified electors in the Town of LaFayette voting thereon. Upon approval by the electors, this article shall be filed by the Town Clerk within 20 days in the office of the Secretary of State of New York and shall be effective immediately upon filing.
[1]
Editor's Note: The local law adopting this article was approved
by the voters at a referendum held 11-4-1992.
Subsequent to being effective, this article may be amended,
from time to time, or repealed by the Town Board; and the 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 the amendment or repeal, as the case may be; and the
approval of a majority of the electors of the Town of LaFayette shall
not be a condition prerequisite to the taking effect of the local
law effecting the amendment or repeal.
The Town Board may delegate to an officer(s) of the Town of
LaFayette designated by it for that purpose any of the authority granted
to the Town Board pursuant to this article in relation to the issuance,
amendment and cancellation of licenses, the conduct of investigations
and hearings, the supervision of the operation of the games and the
collection and transmission of fees. In the event of delegation, revocation
or modification to the delegation, the Town Board, within three days
of the event, shall give notice of the delegation, revocation or modification
to the Commission in accordance with the rules and regulations of
the Commission.
