[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 7-2-1979
by L.L. No. 1-1979. Amendments noted where applicable.]
As used herein, the following terms shall have the same definitions
as are assigned to them by § 186 of the General Municipal Law of
the State of New York, as the same may be amended from time to time: "board,"
"games of chance," "authorized organization," "lawful purposes," "net proceeds,"
"net lease," "authorized games of chance lessor," "prize," "authorized supplier
of games of chance equipment," "one occasion" and "license."
From and after the effective date of this chapter, as hereinafter provided,
it shall be lawful for any authorized organization, upon obtaining a license
therefor, as hereinafter provided, to conduct games of chance within the territorial
limits of the Village of Ellenville, subject to the provisions of this chapter,
Article 9-A of the General Municipal Law of the State of New York and rules
and regulations promulgated by the Board, as the same may be amended from
time to time.
A.
Each applicant for a license to conduct games of chance
shall, after obtaining an identification number from the Board, file with
the Village Clerk a written application therefor in a form to be prescribed
by the Board, duly executed and verified, containing such information as may
be required by law and by the rules and regulations of the Board. In each
such application there shall be designated no less than four active members
of the applicant organization under whom the games or games of chance will
be conducted, and to the application shall be appended a statement executed
by the members so designated that they will be responsible for the conduct
of such games in accordance with the terms of the license and the rules and
regulations of the Board and of Article 9-A of the General Municipal Law of
the State of New York.
B.
Each applicant for a license to lease premises to a licensed
organization for the purposes of conducting games of chance therein shall
file with the Village Clerk a written application therefor in a form to be
prescribed by the Board, duly executed and verified, and which shall contain
such information as shall be required by law and by the rules and regulations
of the Board.
The Village Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application, with due expedition
after the filing of the application. For purposes of assisting in the conduct
of such investigation, the Village Clerk may call upon the resources of the
Chief of Police and other duly appointed and acting village officials and
other law enforcement agencies.
A.
If the Village Clerk shall determine that the applicant
for a license to conduct games of chance is duly qualified therefor and meets
the requirements of § 191, Subdivision 1(a), of the General Municipal
Law of the State of New York and the rules and regulations of the Board and
of this chapter, as the same may be amended from time to time, he shall issue
a license to the applicant for the conduct of games of chance upon payment
of a license fee of $25 for each license period. No such license shall be
effective for a period of more than one year.
B.
If the Village Clerk shall determine 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 the provisions
of § 191, Subdivision 1(b), of the General Municipal Law of the
State of New York and the rules and regulations of the Board and the provisions
of this chapter, as the same may be amended from time to time, he 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 such Clerk shall determine, but not to exceed one year, upon payment of
a license fee of $50.
No application for the issuance of a license to an authorized organization
shall be denied by the Village Clerk until after a hearing, held on due notice
to the applicant, at which time the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
Any license issued under this chapter may be amended upon application
made to the Village Clerk who 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 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 the
form prescribed by the Board and shall contain such information as may be
required by law and/or the rules and regulations of the Board, as the same
may be amended from time to time. Each such license shall be conspicuously
displayed at the place where the games of chance are to be conducted at all
times during the conduct thereof.
B.
Each license to lease premises for the conduct of games
of chance will be in such form as may be prescribed by the Board and will
contain such information as may be required by law and/or the rules and regulations
of the Board, as the same may be amended from time to time. Each such license
shall be conspicuously displayed upon such premises at all times during the
conduct of such games of chance.
A.
The Chief of Police 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 Board and the provisions of Article 9-A of the General Municipal Law of
the State of New York, and the Chief of Police and the Board shall have the
power and the authority to temporarily suspend any license issued by the Clerk
pending a hearing, and after notice and hearing, the 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 of entry
by their respective officers and agents at all times into any premises where
any games of chance are being conducted, where it is intended that any such
games 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.
B.
An agent of the Chief of Police shall make an on-site
inspection during the conduct of all games of chance licensed pursuant to
this chapter.
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.
Except as provided in § 111-12, no games of chance shall be conducted on Sunday unless specifically so provided in the license. The Village Clerk is hereby authorized to include such provision in any such license, upon a proper showing by the applicant of the need therefor. No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
No game or games of chance shall be conducted under a license issued
under this chapter more than 12 times in any calendar year.
Games shall be conducted only between the hours of 12:00 noon and 12:00
midnight on Monday, Tuesday, Wednesday and Thursday and only between the hours
of 12:00 noon on Friday and 2:00 a.m. on Sunday. The closing period of 2:00
a.m. shall also apply to legal holidays.
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.
A.
No person shall hold, operate or conduct any games of
chance under any license issued under this chapter, except an active member
of the authorized organization to which the license is issued, and no person
shall assist in the holding, operating or conducting of any game of chance
under such license except such an active member or a member of an organization
or association which is an auxiliary to the licensee or a member of an organization
or association of which such licensee is an auxiliary or member of an organization
or association which is affiliated with the licensee by being, with it, auxiliary
to another organization or association. No game of chance shall be conducted
with any equipment, except such as shall be owned or leased by the authorized
organization so licensed or used without payment of any compensation therefor
by the licensee. 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 chance are bona
fide members of the authorized organization, auxiliary or affiliated organization.
Upon request by the Chief of Police, any such person involved in such games
of chance shall certify that he or she has no criminal record.
B.
No items of expense shall be incurred or paid in connection
with the conducting of any game of chance pursuant to any license issued under
this chapter except those that are reasonable and are necessarily expended
for games of chance, supplies and equipment, prizes, stated rental, if any,
bookkeeping or accounting services, according to a schedule, and utility supplies,
if any, and license fees and the cost of bus transportation, if authorized
by the Chief of Police.
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. The Chief of Police may, in his discretion,
fix a minimum fee.
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.
No alcoholic beverage shall be offered or given as a prize in any game of
chance.[1]
No game of chance conducted or to be conducted in the Village of Ellenville
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 not exceeding 60 square
feet in area 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 premises of an authorized games of chance lessor,
one additional such 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, as the case may be.
Within seven days after the conclusion of any license period, the authorized
organization which conducted the same and members who were in charge thereof
and, when applicable, the authorized organization which rented its premises
therefor shall each furnish to the Village Clerk 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 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 such games of chance during the 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 value thereof, and it shall
be the duty of such 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 Village Clerk, as and for an additional
license fee, a sum based upon the reported net proceeds, if any, for the license
period covered by such statement and determined in accordance with such schedule
as shall be established, from time to time, by the Board to defray the actual
cost to the village of administering the provisions of this chapter.
A.
The Village Clerk shall have 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 games of chance, so far as they may relate to games of chance,
including the maintenance, control and disposition of net proceeds derived
from games of chance, and to examine any manager, officer, director, agent,
member or employee thereof under oath in relation to the conduct of any such
game under any such license or the use of its premises for games of chance,
as the case may be.
(2)
Any authorized games of chance lessor, so far as they
may relate to leasing premises for games of chance, and to examine said lessor
or any manager, officer, director, agent or employee thereof under oath in
relation to such leasing.
B.
Any information so received shall not be disclosed except
so far as may be necessary for the purpose of carrying out the provisions
of this chapter.
Any applicant for or holder of any license issued or to be issued under
this chapter aggrieved by any action of the Chief of Police or Village Clerk
to which such application has been made or by which such license has been
issued, may appeal to the Board from the determination of said Chief of Police
or Village Clerk by filing with the Chief of Police or Village Clerk a written
appeal within 30 days after the determination or action appealed from and
upon hearing of such, the evidence, if any, taken before such Chief of Police
or Village Clerk and any additional evidence may be produced and shall be
considered in arriving at a determination of the matters in issue, and the
action of the Board upon said appeal shall be binding upon the Chief of Police
or Village Clerk and all parties to said appeal.
Any person or persons who shall execute an application on behalf of
any authorized organization shall, by the making of such application, warrant
that he is familiar with the provisions of state law and the rules and regulations
of the Board which may be applicable to such license and agrees to abide thereby.
This chapter was subject to mandatory referendum and became effective
when approved by a majority of the electors voting thereon at a special election
of the Village of Ellenville held on September 4, 1979.
