[HISTORY: Adopted by the Town Board of the Town of Carmel 9-27-1976.
Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 52.
This chapter shall be cited and may be referred to as the "Games of
Chance Licensing Ordinance."
This chapter is enacted pursuant to the authority granted by Chapter
960, Laws of the State of New York, 1976, which amended the General Municipal
Law of the State of New York by adding a new article, Article 9-A, thereto.
A.
It is declared to be the public policy of the Town of
Carmel that the raising of funds for the promotion of bona fide charitable,
educational, scientific, health, religious and patriotic causes and undertakings,
where the beneficiaries are undetermined, is in the public interest. It hereby
finds that as conducted prior to the enactment of this chapter games of chance
were the subject of exploitation by professional gamblers, promoters and commercial
interests.
B.
It is hereby declared to be the policy of the Town Board
of the Town of Carmel that all phases of the supervision, licensing and regulation
of games of chance and the conduct of games of chance should be closely controlled
and that the laws, ordinances and regulations pertaining thereto should be
strictly construed and rigidly enforced.
This chapter shall be applicable to all territory within the limits
of the Town of Carmel.
A.
AUTHORIZED GAMES OF CHANCE LESSOR
AUTHORIZED ORGANIZATION
GAMES OF CHANCE
LAWFUL PURPOSES
(1)
(2)
(3)
LICENSED PERIOD
NET PROCEEDS
(1)
(2)
ONE OCCASION
PRIZE
As used in this chapter, the following terms shall have
the meanings indicated:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of this chapter, or a municipality.
Includes any bona fide religious or charitable organization or bona
fide educational or service organization or bona fide organization of veterans
or volunteer firemen, which by its character, certificate of incorporation,
constitution or by an act of the legislature shall have among its dominant
purposes one or more of the lawful purposes as defined in this section, provided
that each shall operate without profit to its members and provided that such
organization has engaged in servicing one or more of the lawful purposes as
defined in this section for a period of three years immediately prior to applying
for a license under this chapter. No organization shall be deemed an "authorized
organization" which is formed primarily for the purpose of conducting games
of chance and for the distribution of the proceeds thereof to itself or any
other organization and which does not devote at least 75% of its activities
to other purposes set forth in this section. No political party shall be deemed
an "authorized organization."
Includes specific games of chance in which prizes are awarded on
the basis of a designated winning number or numbers, color or colors or 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 machines, bookmaking and policy
or numbers games as defined in § 225.00 of the Penal Law. No "game
of chance" shall involve wagering of money by one player against another player.
One or more of the following causes, deeds or activities:
Those which shall benefit needy or deserving persons, indefinite in
number, by enhancing their opportunity for religious or educational advancement,
by relieving them from disease, suffering or distress or by contributing to
their physical well-being, by assisting them in establishing themselves in
life as worthy and useful citizens or by increasing their comprehension of
and devotion to the principles upon which this nation was founded and enhancing
their loyalty to their governments.
Those which shall initiate, perform or foster worthy public works or
shall enable or further the erection or maintenance of public structures.
Those which shall otherwise lessen the burdens borne by government or
which are voluntarily undertaken by an authorized organization to augment
or supplement services which government would normally render to the people.
A period of time not to exceed 14 consecutive hours.
In relation to the gross receipts from one or more occasions of games
of chance, the amount that shall remain after deducting the reasonable sums
necessarily and actually expended for supplies and equipment, prizes, stated
rental, if any, bookkeeping or accounting services, janitorial services and
utilities and license fees.
In relation to the gross rent received by an organization licensed to
permit the use of its premises by another licensee, the amount that shall
remain after deducting the reasonable sums necessarily and actually expended
for janitorial services and utilities directly attributable thereto.
The conducting of any one type of game of chance during any one license
period. No series of prizes on any one occasion shall aggregate more than
$1,000.
A sum of money or item of merchandise awarded by the authorized organization
to a participant in any one operation or conducting of a game of chance in
which participants utilize currency for participation and in which those who
are not winners surrender their participating currency at the conclusion of
the single operation of such game of chance. No prize for any one participant
shall exceed the sum of $100. If a prize is awarded based on odds, only that
portion in excess of the winning participant's bet shall be considered
as a prize. For the purpose of this section, the value of a prize which consists
of merchandise shall be the actual cost of the item of such merchandise.
B.
This chapter shall also include such additional definitions
of terms as set forth in Article 9-A of the General Municipal Law.
It shall be lawful for any authorized organization, as defined herein,
upon obtaining a license as provided for hereunder and complying with all
other rules and regulations of the New York State Racing and Wagering Board
and all other rules and regulations as set forth herein, to conduct a game
or games of chance in the territory of the Town of Carmel.
A.
No person, firm, association, corporation or organization, other than a licensee under the terms of this chapter or a bona fide organization of persons 60 years or over as defined in § 92-18B of this chapter, shall be permitted to conduct such games or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever direct or indirect, except as provided herein.
B.
No person except a bona fide member of a licensed organization
or its auxiliary shall participate in the management or operation of such
game.
C.
No person shall receive any remuneration for participating
in the management of any such game.
D.
No person under the age of 18 years shall be permitted
to play any game or games of chance conducted pursuant to any license issued
under this chapter. No person under the age of 18 years shall be permitted
to conduct or assist in the conduct of any game of chance conducted pursuant
to any license issued under this chapter.
E.
No game 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.
F.
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 other than from
a licensed supplier or from another authorized organization.
G.
The entire net proceeds of any game of chance or of any
rental received by an authorized lessor shall be exclusively devoted to the
lawful purposes of the organization permitted to conduct the same.
H.
Not more than $2 shall be charged by any licensee for
admission to any room or place in which any game or games of chance are to
be conducted under any license issued under this chapter. Every winner shall
be determined and every prize shall be awarded and delivered within the same
calendar day as that upon which the game was played.
I.
No alcoholic beverage shall be offered or given as a
prize in any game of chance.
J.
No prize shall exceed the sum or value of $100 in any
operation or conducting of a single game of chance.
K.
No single wager shall exceed $10.
L.
No series of prizes on any one occasion of games of chance
shall aggregate more than $1,000.
M.
Games of chance shall be permitted on the first day of the week, commonly known and designated as Sunday, unless prohibited by Subsection N below.
N.
In no case shall games of chance be conducted on New
Year's Eve, Easter Sunday or Christmas Day.
O.
No game or games of chance shall be conducted under any license issued under this chapter more often than 12 times in any calendar year. Subject to the prohibition in Subsection N above, games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday, Thursday and Sunday, and only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday and only between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
P.
Subject to the applicable provisions of the Alcoholic
Beverage Control Law, beer may be offered for sale during the conduct of games
of chance but the offering of all other alcoholic beverages is prohibited.
Q.
No game of chance conducted or to be conducted in the
Town of Carmel shall be advertised as to its location, the time when it is
to be or has been played or the prizes awarded or to be awarded or transportation
facilities to be provided to such game by means of newspapers, radio, television
or sound trucks or by means of billboards, posters or handbills or any other
means addressed to the general public, except that one sign may be displayed
on or adjacent to the premises owned or occupied by a licensed authorized
organization, and when an organization is licensed to conduct games of chance
on the premises of an authorized games of chance lessor, one additional sign
may be displayed on or adjacent to the premises in which the games are to
be conducted. Additional signs may be displayed upon any fire-fighting equipment
belonging to any licensee which is a volunteer fire company or upon any first-aid
or rescue squad vehicle in and throughout the community or communities served
by such volunteer fire company or such first-aid or rescue squad, as the case
may be. All signs must, however, comply with all local, county and state ordinances
and regulations.
Within seven days after the conclusion of any license period, the authorized
organization which conducted the same and its members who were in charge thereof
and, when applicable, the authorized organization which rented its premises
therefor, shall each furnish to the Town Clerk of the Town of Carmel a statement
subscribed by the member in charge and affirmed by him 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 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 and a list of
prizes offered and given, with the respective values thereof, and 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.
Upon the filing of such statement of receipts, the authorized organization
furnishing the same shall pay to the Town Clerk of the Town of Carmel, as
and for an additional license fee, a sum based upon the reported net proceeds
for the license period covered by such statement, an amount equal to 5% of
the net proceeds for such occasion.
A.
Application for license to conduct games of chance. Each
applicant for a license to conduct games of chance shall, after obtaining
an identification number from the New York State Racing and Wagering Board,
file with the Town Clerk of the Town of Carmel a written application therefor
in a form to be prescribed by said Board, duly executed and verified, in which
shall be stated:
(1)
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to enable
the Town Clerk to determine whether or not it is a bona fide authorized organization.
(2)
The names and addresses of its officers; the place or
places where and the date or dates and the time or times when the applicant
intends to conduct games under the license applied for.
(3)
The amount of rent to be paid or other consideration
to be given, directly or indirectly, for each occasion for use of the premises
of another authorized organization licensed under this chapter to conduct
such games or for the use of the premises of an authorized games of chance
lessor.
(4)
All other items of expense intended to be incurred or
paid in connection with the holding, operating and conducting of such games
of chance and the names and addresses of the persons to whom and the purpose
for which they are paid.
(5)
The purposes to which the entire net proceeds of such
games are to be devoted and in what manner; that no commission; salary, compensation,
reward or recompense will be paid to any person for conducting such game or
games or for assisting therein, except as in this chapter otherwise provided;
and such other information as shall be prescribed by such rules and regulations.
(6)
The names of not less than four active members of the
applicant organization under whom the game or games of chance will be conducted.
Each member so designated shall execute a statement that he or she will be
responsible for the conduct of such games in accordance with the terms of
the license, the rules and regulations of the State Racing and Wagering Board
and the provisions of this chapter. Such statement shall be attached to and
filed with the written application.
B.
Application for license to lease premises for the conduct
of games of chance. Each applicant for a license to lease premises to a licensed
organization for the purposes of conducting games of chance shall file with
the Town Clerk of the Town of Carmel a written application therefor in a form
to be prescribed by the State Racing and Wagering Board, duly executed and
verified, in which shall be stated:
(1)
The name and address of the applicant.
(2)
Designation and address of the premises intended to be
covered by the license sought.
(3)
A statement that the applicant in all respects conforms to the specifications contained in the definition of "authorized organization" set forth in § 92-5 of this chapter.
(4)
The licensed organization to whom the lessor proposes
to lease his premises and the rent proposed to be charged therefor.
(5)
Such other information as shall be prescribed by said
board.
A.
The Town Clerk of the Town of Carmel shall make an investigation of the qualifications of each applicant for a license to conduct games of chance and the merits of each application within a reasonable time after the filing of the application. If the Town Clerk determines that the applicant is an authorized organization as defined in § 92-5 of this chapter, the member or members of the applicant designated in the application to conduct games of chance 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, such games are to be conducted in accordance with the provisions of this chapter and in accordance with the rules and regulations of the State Racing and Wagering Board, the proceeds thereof are to be disposed of as provided by this chapter, no commission, salary, compensation, reward or recompense whatever will be paid or given to any person holding, operating or conducting or assisting in the holding, operation and conduct of such games and no prize will be given in excess of the sum of value of $100 in any single game and that the aggregate of all prizes given on one occasion, under such license, shall not exceed the sum or value of $1,000, then the Town Clerk shall issue a license to the applicant for the conduct of games of chance upon the payment of a license fee of $25 for each license period.
B.
The Town Clerk of the Town of Carmel shall make an investigation of the qualifications of each applicant for a license to lease premises to another licensee for the purpose of conducting games of chance and the merits of each application, within a reasonable time after the filing of the application. If the Town Clerk determines that the applicant seeking to lease a hall or premises for the conduct of games of chance to an authorized organization is duly qualified to be licensed under this chapter, the applicant satisfies the requirements for an authorized games of chance lessor as defined in § 92-5 of this chapter, there is a public need and that public advantage will be served by the issuance of such license, the applicant has filed its proposed rent for each game of chance occasion, there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in this chapter and such leasing of a hall or premises for the conduct of such games is in accordance with the provisions of this chapter and in accordance with the rules and regulations of the State Racing and Wagering Board, then the Town Clerk shall issue a license permitting the applicant to lease said premises for the conduct of such games to the authorized organization or organizations specified in the application during the period therein specified or such shorter period as the Town Clerk shall determine, but not to exceed one year, upon payment of a license fee of $50.
C.
No license shall be issued under this chapter which shall
be effective for a period of more than one year.
On or before the 30th day of each month, the Supervisor of the Town
of Carmel shall transmit to the State Comptroller from the funds collected
in the preceding month:
A.
No application for the issuance of a license to an authorized
organization shall be denied by the Town Clerk until after a hearing held
on due notice to the applicant at which the applicant shall be entitled to
be heard upon the qualifications of the applicant and the merits of the application.
B.
Any license issued under this chapter may be amended,
upon application made to the Town Clerk which issued it, if the subject matter
of the proposed amendment could lawfully and properly have been included in
the original license and upon payment of such additional license fee, if any,
as would have been payable if it had been so included.
A.
Each license to conduct games of chance shall be in such
form as shall be prescribed in the rules and regulations promulgated by the
State Racing and Wagering Board and shall contain a statement of the name
and address of the licensee, of the names and addresses of the member or members
of the licensee under whom the games will be conducted, of the place or places
where and the date or dates and time or times when such games are to be conducted
and of the purposes to which the entire net proceeds of such games are to
be devoted; if any prize or prizes are to be given in cash, a statement of
the amounts of the prizes authorized so to be given; and any other information
which may be required by said rules and regulations to be contained therein,
and each license issued for the conduct of any games shall be conspicuously
displayed at the place where the same is to be conducted at all times during
the conduct thereof.
B.
Each license to lease premises for conducting games of
chance will be in such form as shall be prescribed in the rules and regulations
of the State Racing and Wagering Board and shall contain a statement of the
name and address of the licensee and the address of the leased premises, the
amount of permissible rent and any information which may be required by said
rules and regulations to be contained therein, and each such license shall
be conspicuously displayed upon such premises at all times during the conduct
of games of chance.
[Amended 1-17-2007 by L.L. No. 1-2007]
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 3 of the Code of the Town of Carmel or the laws of the State of New York.
The enforcement officer shall have and exercise rigid control and close
supervision over all games of chance conducted under such license, to the
end that the same are fairly conducted in accordance with the provisions of
such license, the provisions of the rules and regulations promulgated by the
State Racing and Wagering Board and the provisions of this chapter, and such
officer and the Board shall have the power and the authority to temporarily
suspend any license issued by the Town Clerk of the Town of Carmel pending
a hearing and, after notice and hearing, the said Board may suspend or revoke
the same and, additionally, impose a fine in an amount not exceeding $1,000
for violation of any such provisions and shall have the right to entry by
its respective officers and agents, at all times, into any premises where
any game of chance is being conducted or where it is intended that any such
game shall be conducted or where any equipment being used or intended to be
used in the conduct thereof is found, for the purpose of inspecting the same.
An agent of the enforcement officer shall make an on-site inspection during
the conduct of all games of chance licensed pursuant to this chapter.
Any person, association, corporation or organization who or which shall make any material false statement in any application for any license authorized to be issued under this chapter; or pay or receive, for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for in § 92-11 or fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; or falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or divert or pay any portion of the net proceeds of any game of chance to any person, association or corporation, except in furtherance of one or more of the lawful purposes defined in this chapter shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for at least one year thereafter.
Any person, association, corporation or organization holding, operating
or conducting a game or games of chance is guilty of a misdemeanor, except
when operating, holding or conducting such game or games:
A.
In accordance with a valid license issued pursuant to
this chapter; or
B.
On behalf of a bona fide organization of persons 60 years
or over, commonly referred to as "senior citizens," solely for the purpose
of amusement and recreation of its members where:
(1)
The organization has applied for and received an identification
number from the State Racing and Wagering Board.
(2)
No player or other person furnishes anything of value
for the opportunity to participate.
(3)
The prizes awarded or to be awarded are nominal.
(4)
No person other than a bona fide active member of the
organization participates in the conduct of the games.
(5)
No person is paid for conducting or assisting in the
conduct of the game or games.
Except as provided in § 92-18B of this chapter, the provisions of this chapter shall be inoperative unless and until a proposition therefor submitted at a general or special election in the Town of Carmel shall be approved by a vote of the majority of the qualified electors in the Town of Carmel voting thereon. This chapter shall become effective 90 days after such approval by a majority of the qualified electors.
This chapter may be amended from time to time or repealed by the Town
Board of the Town of Carmel by a vote of 2/3 of said Town Board, and such
amendment or repeal, as the case may be, may be effective and operative not
earlier than 30 days following the date of enactment of the ordinance affecting
such amendment or repeal, and the approval of a majority of electors of the
Town of Carmel shall not be a condition prerequisite to the taking effect
of such ordinance.
