This chapter shall be known as the "Games of Chance Ordinance of the
Town of Pendleton."
As used in this chapter, the following terms shall have the meanings
indicated:
AUTHORIZED ORGANIZATION
An "authorized organization" as defined in Subdivision 4 of § 186
of the General Municipal Law as follows:
A. "Authorized organization" shall mean and include 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 (1)
or more of the lawful purposes as defined in Article 9-A 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 (1) or more of the
lawful purposes as defined in Article 9-A of the General Municipal Law for
a period of three (3) years immediately prior to applying for a license under
Article 9-A of the General Municipal Law.
B. 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 seventy-five percent (75%) of its activities
to other than conducting games of chance. No political party shall be deemed
an "authorized organization."
GAME OF CHANCE
A "game of chance" as defined in Subdivision 3 of § 186
of the General Municipal Law.
Authorized organizations may, upon obtaining a license from the Town
Clerk, conduct games of chance within the Town of Pendleton 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 laws of the
State of New York and with the rules and regulations adopted by the New York
State Racing and Wagering Board and pursuant to this chapter.
The conduct of games of chance shall be subject to the restrictions
imposed by § 189 of the General Municipal Law.
Games of chance may be conducted on Sunday pursuant to this chapter.
However, no games of chance shall be conducted on Easter Sunday, Christmas
Day or New Year's Eve.
The Niagara County Sheriff shall exercise control over and supervision
of all games of chance conducted under duly authorized license. The Niagara
County Sheriff shall have all those powers and duties set forth in and for
the enforcement of Article 9-A of the General Municipal Law.
This chapter shall take effect immediately upon publication and posting,
following its approval by majority of the qualified voters of the Town of
Pendleton voting on a proposition therefore, at a special election held pursuant
to the provisions of the Town Law.