[HISTORY: Adopted by the Town Board of the Town of Fort Edward 8-12-1958.
Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 58.
[Amended 6-20-1988 by L.L. No. 3-1998]
This chapter shall regulate the conduct of certain games of bingo by
certain organizations, pursuant to Article 1, § 9, of the Constitution
of the State of New York, and Chapter 854 of the Laws of 1957,[1] and shall be known by the short title "Bingo Ordinance of the
Town of Fort Edward."
[1]
Editor's Note: See Article 14-H of the General Municipal Law.
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
Includes only bona fide religious, charitable or nonprofit organizations
of veterans, volunteer firemen and similar nonprofit organizations.
Includes 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.
The State Racing and Wagering Board.
[Amended 6-20-1988 by L.L. No. 3-1998]
A license issued pursuant to the provisions of this chapter.
[Amended 6-20-1988 by L.L. No. 3-1998]
It shall be lawful for any authorized organization, upon obtaining a
license therefor as hereinafter provided, to conduct the game of bingo within
the territorial limits of the Town of Fort Edward, subject to the provisions
of this chapter and the provisions of Article 14-H of the General Municipal
Law and the provisions of the State Bingo Control Law.[1]
[1]
Editor's Note: See § 430 et seq. of the Executive Law.
A.
Each applicant shall file with the Town Clerk of the
Town of Fort Edward a written application of the form prescribed in the rules
and regulations of the Control Commission duly executed and verified.
B.
In each application there shall be designated an active
member or members of the applicant organization under whom the game or games
of bingo described in the application are to be held, operated and conducted,
and there shall be appended to the application a statement, executed and verified
by the applicant and by the member or members so designated, that he, she
or they will be responsible for the holding, operation and conduct of such
games of bingo in accordance with the terms of the license and the provisions
of this chapter, Chapter 854 of the Laws of 1957[1] and the rules and regulations of the Control Commission, if such
license is granted.
[Amended 6-20-1988 by L.L. No. 3-1998]
[1]
Editor's Note: See Article 14-H of the General Municipal Law.
C.
In the event that any premises upon which any such game
of bingo is to be held, operated or conducted or which is to be used for any
other purpose in connection with the holding, operation or conduct thereof
is to be leased or rented from any person, persons or corporations, the application
shall be accompanied by a written statement, signed and verified under oath
by such person or persons or on behalf of such corporation, stating his or
its address, the amount of rent to be paid for such premises and stating that
such lessor, lessors or, if a corporation, all of its officers and each of
its stockholders who hold ten percent (10%) or more of its stock issued and
outstanding are of good moral character and have not been convicted of a crime.
[Amended 6-20-1988 by L.L. No. 3-1998]
Any game or games licensed hereunder shall be subject to the following
restrictions in addition to such other restrictions as may be provided herein
or contained in the rules and regulations of the Control Commission:
A.
No person, firm, association, corporation or organization,
other than an authorized organization licensed under the provision of this
chapter, shall be permitted to conduct such games or shall lease or otherwise
make available for conducting bingo a hall or other premises for any consideration
whatever, direct or indirect.
[Amended 6-20-1988 by L.L. No. 3-1998]
B.
No bingo games 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.
[Added 6-20-1988 by L.L. No. 3-1998]
C.
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 bingo games from other than
a supplier licensed under the Bingo Control Law[1] or from another authorized organization.
[Added 6-20-1988 by L.L. No. 3-1998]
[1]
Editor's Note: See § 430 et seq. of the General Municipal
Law.
D.
The entire net proceeds of any game or games and of any
rental shall be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
[Amended 6-20-1988 by L.L. No. 3-1998]
E.
No single prize shall exceed the sum or value of two
hundred fifty dollars ($250.).
F.
No series of prizes on any one (1) occasion shall aggregate
more than one thousand dollars ($1,000.).
G.
No person, except a bona fide member of such organization,
shall participate in the management or operation of such game.
H.
No person shall receive any remuneration for participating
in the management or operation of any such game.
I.
The unauthorized conduct of a bingo game and any willful
violation of any provision of this chapter shall constitute and be punishable
as a misdemeanor.
J.
Limited period bingo shall be conducted in accordance
with the provisions of this chapter and the rules and regulations of the Commission.
[Added 6-20-1988 by L.L. No. 3-1998]
A.
The Town Board of the Town of Fort Edward shall cause to be investigated the qualifications of each applicant and the merits of each application with due expedition after the filing of the application. Such investigation shall be made with the view to determining whether the applicant is duly qualified to be licensed under this chapter to hold, operate and conduct games of bingo under the provisions of this chapter and the rules and regulations governing the holding, operation and conduct thereof in the Town of Fort Edward; that the member or members of the applicant designated in the application to hold, operate or conduct the games of bingo, which the license was applied for, are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime; that such games of bingo are to be held, operated and conducted in accordance with the provisions of this chapter and in accordance with the rules and regulations governing the holding, operation and conduct thereof and that the proceeds thereof are to be disposed of as provided by this chapter; and if said Town Board of the Town of Fort Edward 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 any such games of bingo, except as in this chapter otherwise provided, and that no prize will be offered and given in excess of the sum or value of $250 in any single game of bingo, and that the aggregate of all prizes offered and given in all of such games of bingo held, operated and conducted on a single occasion under said license shall not exceed the sum or value of $1,000, it shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of bingo applied for, accordingly, upon payment of a license fee or fees in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule[1] for each occasion upon which any games of bingo are to be conducted
under such license.
[Amended 6-20-1988 by L.L. No. 3-1998; 6-13-2005
by L.L. No. 6-2005]
B.
On or before the 30th day of each month, the Supervisor
of the Town of Fort Edward shall transmit to the State Comptroller a sum equal
to eleven dollars and twenty-five cents ($11.25) per occasion of all license
fees collected for the conduct of bingo and fifty percent (50%) of all commercial
lessor license fees collected by the Town of Fort Edward pursuant to this
section during the preceding calendar month.
[Amended 6-20-1988 by L.L. No. 3-1998]
C.
No license shall be issued under this chapter which shall
be effective for a period of more than one (1) year.
A.
No application for a license hereunder shall be denied
by the Town Board of the Town of Fort Edward 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 to said Town Board if the subject matter of the proposed
amendment could lawfully and properly have been included in the original license
and upon the payment of such additional license fee, if any, as would have
been payable if it had been so included.
Each license shall be in such form as shall be prescribed in the rules
and regulations promulgated by the Control Commission.
[Amended 6-20-1988 by L.L. No. 3-1998]
A.
The Town Board of the Town of Fort Edward shall have
and exercise control and supervision over all games of bingo held, operated
or conducted under such license, and such Town Board and the Control Commission
shall have the power and authority to suspend any such license and, after
notice and hearing, to revoke the same for violation of any provision of such
license, this chapter, §§ 475 to 499 of the General Municipal
Law or the rules and regulations of the Control Commission.
B.
The Town Board and the Control Commission or any officer
designated by them shall have the right of entry at all times into any premises
where any such game of bingo is being held. operated or conducted or where
it is intended that any such game of bingo shall be held, operated or 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.
Such games may be held on any day provided for in such license, excluding
Sunday.
[Amended 6-20-1988 by L.L. No. 3-1998]
No person under the age of eighteen (18) years shall be permitted to
participate in any game or games of bingo held, operated or conducted pursuant
to any license issued under this chapter unless accompanied by an adult.
[Amended 6-20-1988 by L.L. No. 3-1998]
No game or games of bingo shall be held, operated or conducted under
any license issued under this chapter oftener than on six (6) days in any
one (1) calendar month or in any room or outdoor area where alcoholic beverages
are sold or served during the progress of the game or games.
[Amended 6-20-1988 by L.L. No. 3-1998]
A.
No person shall hold, operate or conduct any game or
games of bingo 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
or games of bingo under such license except such an active member or 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, and except
bookkeepers or accountants as hereinafter provided, and no such game of bingo
shall be conducted with any equipment except such as shall be owned absolutely
or used without payment of any compensation therefor by the licensee, and
no item of expense shall be incurred or paid in connection with the holding,
operating or conducting of any game of bingo held, operated or conducted pursuant
to any license issued under this chapter, except such as are bona fide items
of reasonable amount for goods, wares and merchandise furnished or services
rendered which are reasonably necessary to be purchased or furnished for the
holding, operating or conducting thereof under any circumstances whatever.
B.
No rental shall be paid for the use of any premises for
holding, operating or conducting any such game of bingo thereon or for any
other purpose in connection with the holding, operating or conducting thereof
unless the amount of such rental is stated in a statement annexed to the application
for the license, as provided in § 480 of the General Municipal Law,
or which is in excess of the sum stated as the rental to be charged therefor
in such statement; and no commission, salary, compensation, reward or recompense
whatever shall be paid or given, directly or indirectly, to any person holding,
operating or conducting or assisting in the holding, operation or conduct
of any game of bingo so held, operated or conducted, except that reasonable
compensation may be paid to bookkeepers or accountants for bookkeeping or
accounting services rendered according to a schedule of compensation prescribed
by the rules of the Control Commission.
A.
Not more than one dollar and twenty-five cents ($1.25)
shall be charged by any licensee for admission to any room or place in which
any game or games of bingo are to be held, operated and conducted under any
license issued under this chapter, which admission fee, upon payment thereof,
shall entitle the person paying the same to a card entitling him to participate
without additional charge in all regular games of bingo to be played under
such license on such occasion. and no charge in excess of one dollar and twenty-five
cents ($1.25) shall be made for a single opportunity to participate in all
special games to be played under such license on such occasion.
[Amended 6-20-1988 by L.L. No. 3-1998]
B.
No prize greater in amount or value than two hundred
fifty dollars ($250.) shall be offered or given in any single game conducted
under any such license, and the aggregate amount or value of all prizes offered
or given in all games played on a single occasion shall not exceed one thousand
dollars ($1,000.), and all winners shall be determined and all prizes shall
be awarded in any game played on any occasion 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 such game.
[Amended 6-20-1988 by L.L. No. 3-1998]
No game of bingo to be conducted under any license issued under this
chapter 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 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 (1) sign
not exceeding sixty (60) square feet in area may be displayed on or adjacent
to the premises where the game will be played, and an additional sign may
be displayed on or adjacent to the premises where the prize or prizes are
displayed, and 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 equipment belonging to any licensee which is a first-aid or
rescue squad 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.
[Amended 6-20-1988 by L.L. No. 3-1998]
A.
Within seven (7) days after the conclusion of the holding,
operating and conducting of any such game of bingo, the authorized organization
which held, operated or conducted the same and its members who were in charge
thereof shall furnish to the Clerk of the Town of Fort Edward a duly verified
statement showing the amount of the gross receipts derived from each game
of bingo, which shall include receipts from the sale of shares, tickets or
rights in any manner connected with participation in said game or the right
to participate therein, each item of expense incurred or paid and each item
of expenditure made or to be made, the name and address of each person to
whom each such item has been paid or is to be paid, with a detailed description
of the merchandise purchased or the services rendered therefor, the net profit
derived from each such game of bingo and the use to which such net profit
has been or is to be applied and a list of prizes offered and given, with
the respective values 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 report.
B.
Within fifteen (15) days after the end of each calendar
quarter during which there has been any occasion of bingo, a summary statement
of such information, in a form prescribed by the state, shall be furnished
in the same manner to the State Racing and Wagering Board.
[Amended 6-20-1988 by L.L. No. 3-1998]
The Town Board of the Town of Fort Edward and the Control Commission
shall have power to examine or cause to be examined the books and records
of any authorized organization to which any such license is issued so far
as they may relate to any transactions connected with the holding, operating
and conducting of any game of bingo thereunder and to examine any manager,
officer, director, agent member or employee thereof under oath in relation
to the conduct of any such game of bingo under any such license, but 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.
[Amended 6-20-1988 by L.L. No. 3-1998]
Any applicant for or holder of any license issued or to be issued under
this chapter aggrieved by any action of the Town Board of the Town of Fort
Edward concerning an application which has been made or a license which has
been issued may appeal to the Control Commission from the determination of
the town, its officers or agents by filing with said Town Board a written
notice of appeal within thirty (30) days after the determination of action
appealed from, and upon the hearing of such appeal, the evidence, if any,
taken before said Town Board 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 Control Commission upon said appeal shall be binding
upon the town and all parties to said appeal.
[Amended 6-20-1988 by L.L. No. 3-1998]
No person or corporation lawfully conducting or participating in the
conduct of, possessing, selling or in any manner disposing of any shares,
tickets or rights to participate in or permitting the conduct upon any premises
owned by him or it of any game of bingo conducted or to be conducted 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 any other law or ordinance to the extent that such conduct is specifically
authorized by this chapter, but this immunity shall not extend to any person
or corporation knowingly conducting or participating in the conduct of any
game of bingo under any license obtained by any false pretense or statement
made in any application for such license or otherwise or possessing, selling
or disposing of shares, tickets or rights to participate in or permitting
the conduct upon any premises owned 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.
[Amended 6-20-1988 by L.L. No. 3-1998]
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto or shall pay any rental for the use of any premises for holding, operating or conducting any game of bingo under this chapter or for any other purpose in connection with the holding, operating or conducting thereof, unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 31-4 of this chapter, or shall pay or receive any sum for such rental in excess of the sum stated as the rental to be charged therefor in such statement executed by him or on its behalf or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of games of bingo under any such license or shall falsify or make any false entry in any book or record so far as they relate to any transaction connected with the holding, operating or conducting of any game of bingo under any such license or shall violate any of the provisions of this chapter or of any term of such license shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one (1) year thereafter.
This chapter may be amended from time to time or repealed by said Town
Board, and such amendment or repeal, as the case may be, may be made effective
and operative not earlier than thirty (30) days following the date of enactment
of the local law or ordinance affecting such amendment or repeal, as the case
may be; and the approval of a majority of the electors shall not be a condition
prerequisite to the taking effect of such local law or ordinance.
The Town Board of the Town of Fort Edward may delegate to an officer
or officers thereof designated by it for that purpose any of the authority
granted to it hereby 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.
The provisions of this chapter shall remain inoperative unless and until
a proposition therefor submitted at a general or special election in the Town
of Fort Edward shall be approved by a vote of the majority of the qualified
electors voting thereon. In the event that such proposition is so approved,
this chapter shall become effective immediately after filing a copy thereof
with the control commission.[1]
[1]
Editor's Note: This ordinance was passed at referendum 11-4-58.
