[HISTORY: Adopted by the Town Board of the Town of Newstead 8-23-1993
by L.L. No. 3-1993 (Ch. 55 of the 1988 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 126.
This chapter shall be known as "Local Law No. 3 of the Year 1993" and may be cited as the "Town of Newstead Games of Chance Law," to be codified as Chapter 213 of the Code of the Town of Newstead.
The purpose of this chapter is to authorize the conducting of games
of chance as defined in Subdivision 3 of § 186 of the General Municipal
Law within the Town of Newstead.
As used in this chapter, the following terms shall have the meanings
indicated:
An authorized organization as defined in Subdivision 4 of § 186
of the General Municipal Law.
A game of chance as defined in Subdivision 3 of § 186 of
the General Municipal Law.
Authorized organizations may, upon the obtaining of a license from the
Town Clerk of the Town of Newstead, New York, conduct games of chance within
the Town of Newstead as provided in Article 9-A of the General Municipal Law,
as the same may be amended from time to time, and as provided further in this
chapter. Such games of chance shall be conducted in accordance with the general
state law and with the rules and regulations of the New York State Racing
and Wagering Board and this chapter, as the same may be amended from time
to time.
The conduct of games of chance authorized by this chapter shall be subject
to those restrictions contained in § 189 of the General Municipal
Law and in other applicable statutory and case law and the rules and regulations
of the New York State Racing and Wagering Board.
The Erie County Sheriff shall exercise control over and supervision
of all games of chance conducted under duly authorized license. The Erie 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.
Games of chance on the first day of the week, commonly known as "Sunday,"
may be conducted pursuant to this chapter and appropriate statutes and regulations.
Any person, association, corporation or organization who or which shall
make any false statement in any application for any license authorized to
be issued for the conduct of games of chance in the Town of Newstead or in
any statement annexed thereto or who or which shall violate any of the provisions
and restrictions contained in Article 9-A of the General Municipal Law and
this chapter shall be guilty of a misdemeanor and shall forfeit any license
issued to it under this chapter authorizing the conduct of games of chance
in the Town of Newstead and shall be ineligible to apply for another license
for at least one year thereafter. The penalties for violations shall be as
set forth in Article 9-A of the General Municipal Law, as amended.
If any portion, subsection, sentence, clause, phrase or portion thereof
of this chapter is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect the
validity of the remaining portion thereof.
This chapter shall take effect immediately upon filing with the office
of the Secretary of State, following its approval by majority of the qualified
voters of the Town of Newstead voting on a proposition therefor and a general
election held pursuant to the provisions of § 24 of the Municipal
Home Rule Law.[1]
[1]
Editor's Note: This local law passed at referendum 11-2-1993.
