[HISTORY: Adopted by the Town Board of the Town of Woodbury 7-20-1978
by L.L. No. 8-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch.
81.
This chapter 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 Licensing Law of the Town of Woodbury."
[Amended 10-18-1979 by L.L. No. 8-1979]
The following terms, phrases and words shall have the meanings given
herein:
AUTHORIZED ORGANIZATION
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 legislature shall have among its dominant purposes one or more of
the lawful purposes as defined in this chapter, 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 this chapter
for a period of three years immediately prior to applying for a license under
this article. 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.
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
Any person, firm, partnership, corporation or organization licensed
by the Board to sell or lease games of chance equipment or paraphernalia which
meets the specifications and regulations established by the Board. Nothing
herein shall prevent an authorized organization from purchasing common articles,
such as cards and dice, from normal sources of supply of such articles or
from constructing equipment or paraphernalia for games of chance for its own
use. However, no such equipment or paraphernalia, constructed or owned by
an authorized organization shall be sold or leased to any other authorized
organization without written permission from the Board.
BOARD
The New York State Racing and Wagering Board.
CLERK
The Town Clerk of the Town of Woodbury.
GAMES OF CHANCE
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 machines, bookmaking, policy or numbers 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.
GAMES OF CHANCE CURRENCY
Legal tender or a form of scrip or chip authorized by the Board,
any of which may be used at the discretion of the games of chance licensee.
LAWFUL PURPOSES
One or more of the following causes, deeds or activities:
A.
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.
B.
Those which shall initiate, perform or foster worthy public works or
shall enable or further the erection or maintenance of public structures.
C.
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.
NET LEASE
A written agreement between a lessor and lessee under the terms of
which the lessee is entitled to the possession, use or occupancy of the whole
or part of any premises from any noncommercial or nonprofit authorized games
of chance lessor for which the lessee pays rent to the lessor and likewise
undertakes to pay substantially all of the regularly recurring expenses incident
to the operation and maintenance of such leased premises.
NET PROCEEDS
A.
In relation to the gross receipts from one or more license periods of
games of chance, the amount that shall remain after deducting the reasonable
sums necessarily and actually expended for supplies and equipment, prizes,
security personnel, stated rental, if any, bookkeeping or accounting services
according to a schedule of compensation prescribed by the Board, janitorial
services and utility supplies, if any, and license fees.
B.
In relation to the gross rent received by an authorized games of chance
lessor for the use of its premises by a games of chance licensee, the amount
that shall remain after deducting the reasonable sums necessarily and actually
expended for janitorial services and utility supplies directly attributable
thereto, if any.
OFFICER
The Chief of Police of the Town of Woodbury.
ONE OCCASION
The successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to $250 or $200 during any one license period, in accordance with the provisions of §
173-3 of this chapter, as the case may be. For purposes of the game of chance known as a "merchandise wheel," "one occasion" shall mean the successive operations of any one such merchandise wheel for which the limit on a series of prizes provided by §
173-3 of this chapter shall apply.
OPERATION
The play of a single type of game of chance necessary to determine
the outcome or winners each time wagers are made.
PREMISES
A designated area within a building, hall, tent or grounds reasonably
identified for the conduct of games of chance. Nothing herein shall require
such area to be enclosed.
SERIES OF PRIZES
The total amount of single prizes minus the total amount of wagers
lost during the successive operations of a single type of game of chance,
except that for merchandise wheels, "series of prizes" shall mean the sum
of the actual value of merchandise awarded as single prizes during the successive
operations of any single merchandise wheel.
SINGLE PRIZE
The sum of money or actual value of merchandise awarded to a participant
by a games of chance licensee in any one operation of a single type of game
of chance in excess of his wager.
SINGLE TYPE OF GAME
The games of chance known as "merchandise wheels" and each other
specific game of chance authorized by the Board.
TOWN
The Town of Woodbury.
[Amended 10-18-1979 by L.L. No. 8-1979]
A. The conduct of games of chance authorized by this chapter
shall be subject to the following restrictions:
(1) No person, firm, partnership, corporation or organization, other than a licensee under the provisions of §
173-6 of this chapter, shall conduct such game or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, direct or indirect.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) In addition to merchandise wheels, no more than five
other single types of games of chance shall be conducted during any one license
period.
(8) Except for merchandise wheels, no series of 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.
(9) 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.
(10) No person except a bona fide member of the licensed authorized
organization shall participate in the management of such games; and 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.
(11) No person shall receive any remuneration for participating
in the management or operation of any such game.
(12) No authorized organization shall extend credit to a person
to participate in playing a game of chance.
(13) No game of chance shall be conducted on other than the
premises of an authorized organization or an authorized games of chance lessor.
B. The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
[Added 10-18-1979 by L.L. No. 8-1979]
No person, firm, partnership, corporation or organization shall sell
or distribute supplies or equipment specifically designed or adapted for use
in conduct of games of chance without having first obtained a license therefor
upon written application made, verified and filed with the Board in the form
prescribed by the rules and regulations of the Board. In each such application
for a license under this section shall be stated the name and address of the
applicant; the names and addresses of its officers, directors, shareholders
or partners; the amount of gross receipts realized on the sale and rental
of games of chance supplies and equipment to duly licensed authorized organizations
during the last preceding calendar or fiscal year; and such other information
as shall be prescribed by such rules and regulations. The fee for such license
shall be a sum equal to $25 plus an amount equal to 2% of the gross sales
and rentals, if any, of games of chance equipment and supplies to authorized
organizations or authorized games of chance lessors by the applicant during
the preceding calendar year, or fiscal year if the applicant maintains his
accounts on a fiscal-year basis. No license granted pursuant to the provisions
of this section shall be effective for a period of more than one year.
A. The following shall be ineligible for such a license:
(1) A person convicted of a crime who has not received a
pardon, a certificate of good conduct or a certificate of relief from disabilities.
(2) A person who is or has been a professional gambler or
gambling promoter or who for other reasons is not of good moral character.
(3) A public officer or employee.
(4) An authorized games of chance lessor.
(5) A firm or corporation in which a person defined in Subsection
A(1),
(2),
(3) or
(4) above has greater than a ten-per-centum proprietary, equitable or credit interest or in which such a person is active or employed.
B. The Board shall have power to examine or cause to be
examined the books and records of any applicant for a license under this section.
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.
C. Any solicitation of an organization licensed to conduct
games of chance to purchase or induce the purchase of games of chance supplies
and equipment, other than by a person licensed or otherwise authorized pursuant
to this section, shall constitute a violation of this section.
D. Any person who willfully shall make any material false
statement in any application for a license authorized to be issued under this
section or who willfully shall violate any of the provisions of this section
or of any license issued hereunder shall be guilty of a misdemeanor and, in
addition to the penalties in such case made and provided, shall forfeit any
license issued to him or it under this section and shall be ineligible to
apply for a license under this section for one year thereafter.
E. At the end of such period specified in the license, a
recapitulation shall be made as between the licensee and the Board in respect
to the gross sales and rentals actually recorded during that period and the
fee paid therefor, 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 shall be credited to said licensee in such manner as the Board, by the
rules and regulations, shall prescribe.
[Amended 10-18-1979 by L.L. No. 8-1979]
A. Applications to conduct games of chance.
(1) Each applicant for a license shall, after obtaining an
identification number from the Board, file with the Clerk a written application
therefor, in a form to be prescribed by the Board, 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 Clerk to determine whether or not it is a bona fide authorized organization.
(b) 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.
(c) The amount of rent to be paid or other consideration
to be given directly or indirectly for each licensed period for use of the
premises of an authorized games of chance lessor.
(d) 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 purposes
for which, they are to be paid.
(e) 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.
(f) The name of each single type of game of chance to be
conducted under the license applied for and the number of merchandise wheels,
if any, to be operated.
(2) In each application there shall be designated not less
than four bona fide members of the applicant organization under whom the game
or games of chance will be managed, and to the application shall be appended
a statement executed by the members so designated that they will be responsible
for the management of such games in accordance with the terms of the license,
the rules and regulations of the Board and this chapter.
B. Authorized games of chance lessor. 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 Clerk a written application
therefor, in a form to be prescribed by the Board, duly executed and verified,
which shall set forth the name and address of the applicant; designation and
address of the premises intended to be covered by the license sought; a statement
that the applicant in all respects conforms to the specifications contained
in the definition of "authorized organization"; a statement of the lawful
purposes to which the net proceeds from any rental are to be devoted by the
applicant; and such other information as shall be prescribed by the Board.
[Amended 10-18-1979 by L.L. No. 8-1979]
A. The 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.
B. Issuance of licenses and payment of fees.
(1) Issuance of licenses to conduct games of chance. If such
Clerk shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this chapter, that the member or members
of the applicant designated in the application to manage 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, a certificate of good conduct or a certificate of relief from disabilities,
that such games are to be conducted in accordance with the provisions of this
chapter and in accordance with the rules and regulations of the Board and
that the proceeds thereof are to be disposed of as provided by this chapter,
and if such Clerk is satisfied that no commission, salary, compensation, reward
or recompense whatever will be paid or given to any person managing, operating
or assisting therein except as in this chapter otherwise provided, it 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.
(2) Issuance of licenses to authorized games of chance lessors.
If such Clerk shall determine that the applicant seeking to lease premises
for the conduct of games of chance to a games of chance licensee is duly qualified
to be licensed under this chapter, that the applicant satisfies the requirements
for an authorized organization as defined in this chapter, that the applicant
has filed its proposed rent for each license period and that the Clerk has
approved the proposed rent as fair and reasonable, that the net proceeds from
any rental will be devoted to the lawful purposes of the applicant, that there
is no diversion of the funds of the proposed lessee from the lawful purposes
as defined in this chapter and that such leasing of premises for the conduct
of such games is to be in accordance with the provisions of this chapter and
with the rules and regulations of the Board, it shall issue a license permitting
the applicant to lease said premises for the conduct of such games to the
games of chance licensee or licensees specified in the application during
the period therein specified or such shorter period as such Clerk shall determine,
but not exceed 12 license periods during a calendar year, upon payment of
a license fee of $50. Nothing herein shall be construed to require the applicant
to be licensed under this chapter to conduct games of chance.
C. On or before the 30th day of each month, the chief fiscal
officer of the Town of Woodbury shall transmit to the State Comptroller a
sum equal to 50% of all authorized games of chance lessor license fees and
the sum of $15 per license period for the conduct of games of chance collected
by such Clerk during the preceding calendar month.
D. No license shall be issued under this chapter which shall
be effective for a period of more than one year.
[Amended 10-18-1979 by L.L. No. 8-1979]
A. No application for the issuance of a license to conduct
games of chance or lease premises to an authorized organization shall be denied
by the 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 such 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.
[Amended 10-18-1979 by L.L. No. 8-1979]
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
Board and shall contain a statement of the name and address of the licensee,
of the names and addresses of the members of the licensee under whom the games
will be managed, 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; the name of each
single type of game to be conducted under the license and the number of merchandise
wheels, if any, to be operated; 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 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 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 10-18-1979 by L.L. No. 8-1979]
A. The 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 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 Clerk pending a hearing, and after notice and hearing the Clerk
or 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 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 or the appropriate officer shall make an
on-site inspection during the conduct of all games of chance licensed pursuant
to this chapter.
B. Service of alcoholic beverages. Subject to the applicable
provisions of the Alcoholic Beverage Control Law, beer may be offered for
sale during the conduct of games of chance on games of chance premises as
such premises are defined in this chapter; provided, however, that nothing
herein shall be construed to limit the offering for sale of any other alcoholic
beverage in areas other than the games of chance premises.
[Amended 10-18-1979 by L.L. No. 8-1979]
The conduct of games of chance on Sunday is hereby authorized. However,
no games of chance shall be conducted on Easter, Christmas Day or New Year's
Eve. Games shall be conducted only between the hours of 12:00 noon and 12:00
midnight on Sunday.
[Amended 10-18-1979 by L.L. No. 8-1979]
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.
Persons under the age of 18 years may be permitted to attend games of chance
at the discretion of the games of chance licensee. No person under the age
of 18 years shall be permitted to operate any game of chance conducted pursuant
to any license issued under this chapter or to assist therein.
[Amended 10-18-1979 by L.L. No. 8-1979]
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. No particular
premises shall be used for the conduct of games of chance on more than 24
license periods during any one 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. 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.
[Amended 10-18-1979 by L.L. No. 8-1979]
A. No person shall operate any game of chance under any
license issued under this chapter except a bona fide member of the authorized
organization to which the license is issued, or a bona fide member of an organization
or association which is an auxiliary to the licensee, or a bona fide member
of an organization or association of which such licensee is an auxiliary,
or a bona fide member of an organization or association which is affiliated
with the licensee by being, with it, auxiliary to another organization or
association.
B. Nothing herein shall be construed to limit the number
of games of chance licensees for whom such persons may operate games of chance
nor to prevent nonmembers from assisting the licensee in any activity other
than managing or operating games.
C. 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.
D. The head or heads of the authorized organization shall,
upon request, certify, under oath, that the persons operating any game of
chance are bona fide members of such authorized organization or auxiliary
or affiliated organization.
E. Upon request by an officer, any such person involved
in such games of chance shall certify that he or she has no criminal record.
F. 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, security personnel, stated
rental, if any, bookkeeping or accounting services according to a schedule
of compensation prescribed by the Board, janitorial services and utility supplies,
if any, license fees, and the cost of bus transportation, if authorized by
such Clerk.
[Amended 10-18-1979 by L.L. No. 8-1979]
A fee may be charged by any licensee for admission to any game or games
of chance conducted under any license issued under this chapter. The Clerk
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 beverages shall be offered
or given as a prize in any game of chance.
[Amended 10-18-1979 by L.L. No. 8-1979]
A licensee may advertise the conduct of games of chance to the general
public by means of 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 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 licensed authorized
organization which is a volunteer fire company. All advertisements shall be
limited to the description of such event as "Games of chance" or "Las Vegas
Night," the name of the authorized organization conducting such games, the
license number of the authorized organization as assigned by the Clerk and
the date, location and time of the event.
[Amended 10-18-1979 by L.L. No. 8-1979]
A. 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 games of chance
lessor which rented its premises therefor shall each furnish to the 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 games of chance during such license
period and the use to which such proceeds have been or are to be applied,
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.
B. Upon the filing of such statement of receipts, the authorized
organization furnishing the same shall pay to the 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 town of administering the provisions of this chapter, but such
additional license fee shall not exceed 5% of the net proceeds for such license
period.
A. The Clerk and the Board 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
maintenance, control and disposition of net proceeds derived from games of
chance or from the use of its premises for 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, the use
of its premises for games of chance or the disposition of net proceeds derived
from 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 an officer or Clerk to whom such application
has been made or by whom such license has been issued may appeal to the Board
from the determination of said officer or Clerk by filing with such officer
or Clerk a written notice of appeal within 30 days after the determination
of action appealed from, and upon the hearing of such appeal, the evidence,
if any, taken before such officer or 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 such officer or Clerk and all parties to said appeal.
[Amended 10-18-1979 by L.L. No. 8-1979]
No person, firm, partnership, corporation or organization lawfully conducting
or participating in the conduct of games of chance or permitting the conduct
upon any premises owned or leased by him or it under any license lawfully
issued pursuant to this chapter shall be liable to prosecution or conviction
for violation of any provision of Article 225 of the Penal Law or this chapter,
but this immunity shall not extend to any person or corporation knowingly
conducting or participating in the conduct of games of chance under any license
obtained by any false pretense or by any false statement made in any application
for license or otherwise or permitting the conduct upon any premises owned
or leased by him or it of any game of chance conducted under any license known
to him or it to have been obtained by any such false pretense or statement.
[Amended 10-18-1979 by L.L. No. 8-1979]
Any person, firm, partnership, 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; 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 hereinbefore provided; 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; 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,
firm, partnership 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:
A. In accordance with a valid license issued pursuant to
this chapter.
B. On behalf of a bona fide organization of persons 60 years
of age 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 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.
This chapter shall not become effective unless and until it shall have
been approved by a majority of the qualified electors of the Town of Woodbury
voting on this chapter at a general or special election.