[HISTORY: Adopted by the Town Board of the Town of Islip 8-31-76.
Amendments noted where applicable.]
A.
The Town of Islip hereby declares that the raising of
funds for the promotion of bona fide charitable, educational, scientific,
health, religious and patriotic causes is in the public interest and would
thereby benefit all the residents of the Town of Islip.
B.
The conducting of games of chance in the past, while
also being illegal, was subject to exploitation by professional gamblers as
well as by the undesirable elements of organized crime.
C.
It is hoped that this chapter of the Code of the Town
of Islip will allow the bona fide authorized organization to raise funds in
order that it may continue and expand its community service, while at the
same time ensuring that the funds so raised will not be exploited and used
for other purposes.
As used in this chapter, the following terms shall have the meanings
indicated:
An authorized organization which has been granted a lessor's
license pursuant to this chapter to lease a hall in which games of chance
are to be conducted.
Includes any bona fide religious or charitable organization or bona
fide educational or service organization or bona fide organization of veterans
or volunteer firemen which shall have as a dominant purpose one (1) or more
of the lawful purposes as defined in this chapter. Such organization shall
be in existence and operating for this lawful purpose for a period of at least
three (3) years immediately prior to applying for a license under this chapter.
No political party shall be seen as an "authorized organization."
Any person, firm, partnership or organization licensed by the Board
to sell or lease games of chance equipment or paraphernalia which comply with
the specifications and regulations established by the Board. Nothing in this
chapter 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 and paraphernalia for games of chance for its
own use. However, no such equipment or paraphernalia constructed by an authorized
organization shall be sold or leased to any other authorized organization
without the written authorization of the Board.
The New York State Racing and Wagering Board.
The Town Clerk of the Town of Islip.
Includes specific "games of chance" 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 does not include games commonly known
as "bingo" or "lotto" and also does not include slot machines, bookmaking
and policy or numbers games, as defined in § 225.00 of the New York
State Penal Law. No "game of chance" shall involve the wagering of money by
one player against another.
Includes one (1) or more of the following purposes or causes:
Shall benefit needy and deserving persons, in allowing for their religious
or educational advancement, or relieving them from disease or distress, or
by aiding their physical well-being, or by helping them to establish themselves
as worthy and useful citizens, or by enhancing their loyalty to the government.
Those which shall initiate, perform or foster worthy public works or
shall enable or further the erection or maintenance of public structures.
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 the government would normally render to the people.
The conducting of any type of game of chance on any one (1) occasion
which shall not exceed the period of fourteen (14) consecutive hours. No series
of prizes on any one (1) "license period" shall exceed the sum of one thousand
dollars ($1,000).
[Amended 6-6-78]
A sum of money or item of merchandise or service which is awarded
to one who wins a game of chance, and where those who do not win surrender
their currency, at the conclusion of a single operation of a game of chance.
No "prize" for any one (1) participant in any one (1) operation of such game
of chance shall exceed one hundred dollars ($100.). If a "prize" is awarded
based on odds, only that portion in excess of the winning wager made shall
be considered the "prize." If merchandise or services are awarded as the "prize,"
the value shall be seen as the actual cost of the merchandise or service.
The Town of Islip.
A.
License application procedure to conduct games of chance
shall be as follows:
(1)
Each applicant shall file with the Clerk a written application,
on a form to be supplied by the Clerk, duly executed and verified, which shall
contain the following information:
(a)
The identification number issued to the applicant by
the New York State Racing and Wagering Board.
(b)
The name and address of the applicant, together with
sufficient facts relating to the organization to enable the Clerk to determine
whether or not the applicant is a bona fide organization.
(c)
The date on which the applicant organization was incorporated
or came into being.
(d)
The names and resident 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 the games of chance.
(e)
The amount of rent to be paid or other consideration
to be given directly or indirectly for each occasion for the use of the premises
or hall of another authorized organization licensed under the provisions of
this chapter to conduct games of chance or for the use of the premises or
hall of an authorized games of chance hall lessor.
(f)
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.
(g)
The purpose to which the entire net proceeds of such
games of chance are to be devoted and in what manner.
(h)
A statement that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such games
of chance or for assisting therein except as otherwise provided by this chapter.
(2)
Each application shall designate not less than four (4)
active and bona fide members of the applicant organization under whom the
games are to be conducted and shall have attached to it a statement, duly
executed and verified by the members so designated, that they will be responsible
for the manner in which the games are conducted with the terms of the license
and any rules or regulations that may or may not be placed in effect by the
Board.
B.
License application procedure for authorized games of
chance hall lessors shall be as follows:
(1)
Each applicant shall file with the Clerk a written application,
on a form to be supplied by the Clerk, duly executed and verified, which shall
contain the following information:
(a)
Name and address of the applicant.
(b)
Designation and address of the premises or hall intended
to be covered by the license sought and the owner thereof.
(c)
A statement that the applicant in all respects is qualified
as an authorized organization as defined by this chapter.
(d)
The proposed rent for one (1) occasion.
C.
License application fee.
[Repealed 6-6-78]
A.
License to conduct games of chance. The Clerk shall make
an investigation of the qualification of each applicant and the merits of
each application. Such investigation shall include but shall not be limited
to the following:
(1)
That the applicant is duly qualified and that all statements
made on the application are accurate.
(2)
That the members named in the application are in fact
bona fide members of the organization, that they are of good moral character
and that they have not been convicted of a crime.
(3)
That it appears that the applicant is capable of conducting
such games of chance in accordance with this chapter and that the proceeds
will be used solely in accordance with this chapter.
B.
License for authorized games of chance hall lessor. The
Clerk shall make an investigation of the qualifications of each applicant
and the merits of each application. Such investigation shall include but shall
not be limited to the following:
(1)
That the applicant is an authorized organization to conduct
games of chance.
(2)
That the issuance of such a license is in the public
interest.
(3)
That the organization that is to use the premises or
hall is a duly licensed authorized organization.
(4)
That the funds received from the leasing shall be used
for the lawful purpose of the organization.
(5)
That it appears that the applicant is capable of conducting
such games of chance in accordance with this chapter and that the proceeds
will be used solely in accordance with this chapter.
A.
License to conduct games of chance. The license fee shall
be twenty-five dollars ($25.) for each license period.
B.
License as authorized games of chance hall lessor. The
license fee shall be fifty dollars ($50.) for each license period that a duly
licensed authorized organization leases the premises or hall. The license
issued pursuant to this section shall be for one (1) occasion only.
C.
No license issued pursuant to this chapter shall be effective
for a period of time exceeding one (1) year.
On or before the 30th day of each month, the Clerk shall transmit to
the State Comptroller a sum equal to fifty percent (50%) of all authorized
games of chance hall lessors' license fees, plus the sum of fifteen dollars
($15.) per license period for the conduct of games of chance collected by
the Clerk during the preceding month.
A.
License to conduct games of chance.
(1)
Each license shall contain the name of the licensee,
the address of the licensee, the names and addresses of the members under
whom the games are to be conducted, the place and time when the games are
to be conducted, the purpose the funds raised will be used for, that the net
prize winnings will not exceed the legal limit and any other items that may
be required by the Board.
(2)
Said license shall be conspicuously displayed at the
place where the game is to be conducted at all times during the conduct thereof.
B.
License to lease premises or hall.
(1)
The license shall contain the name and address of the
authorized organization games of chance hall lessor, the address of the premises
or hall to be leased, the permissible rent and any and all rules and regulations
as may be stated by the Board.
(2)
Said license shall be conspicuously displayed at the
place where the game is to be conducted at all times during the conduct thereof.
A.
No person or organization shall conduct games of chance
or lease premises allowing them to be conducted unless first obtaining a license
from the Clerk to do so.
B.
Any rent charged for the leasing of a hall or premises
to conduct games of chance shall be an absolute figure and may not be based
on a percentage rate of the total revenue.
C.
Equipment, if leased, must be leased from an authorized
dealer licensed by the Board or from another authorized organization with
the approval of the Board.
D.
The entire net proceeds received from the conduct of
the games must be used for the lawful purposes of the authorized organization.
E.
No single prize can exceed the amount or value of one
hundred dollars ($100.).
F.
No wager can exceed the amount or value of ten dollars
($10.).
G.
No series of prizes on any one (1) license period shall
exceed the amount or value of one thousand dollars ($1,000.).
H.
No person except a member of the authorized organization
conducting the games, or its recognized auxiliary organization, shall participate
in the management or operation of said games, nor shall any person be paid
for providing this service.
I.
No games of chance shall be conducted by an authorized
organization more than twelve (12) times in a calendar year.
J.
No games of chance shall be conducted except between
the hours of 12:00 noon and 12:00 midnight, Monday through Thursday, and between
the hours of 12:00 noon Friday and Saturday to 2:00 a.m., and until 2:00 a.m.
Sunday and, at the discretion of the Town Clerk, on Sunday to run until 2:00
a.m. Monday. Games of chance will not be allowed to be held at any other time.
[Amended 6-8-78]
K.
Subject to the provisions of the Alcoholic Beverage Control
Law, beer may be offered for sale during the conduct of the games, but the
offering of all other alcoholic beverages is prohibited.
L.
No person under the age of eighteen (18) years shall
be allowed to participate in the games, take part in the management of the
games or be allowed on the premises during the conduct of the games.
M.
Not more than two dollars ($2.) shall be charged by any
licensee for admission.
N.
Every winner and every prize shall be determined and
awarded, as well as delivered, within the same calendar day as the game was
conducted.
O.
No alcoholic beverage of any kind shall be awarded as
a prize in any game of chance.
P.
No game of chance shall be advertised as to its location,
except that one (1) sign, in accordance with the Code of the Town of Islip,[1] 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 (1) additional such sign may be displayed on or adjacent to the premises
in which the games are to be conducted.
A.
Within seven (7) days after the conclusion of any license
period, the authorized organization that conducted the games and the members
who were in charge of such conduct shall furnish the Clerk a statement, signed
by the members in charge, affirmed by them as true under the penalties of
perjury, showing the amount of the gross income from the conduct of such games
of chance, the expenses incurred as paid or to be paid, other than the prizes
awarded for winning a game of chance, the name and address of each person
the expenses were paid to or will be paid to, with a detailed explanation
of the need for such expenditure, the description of the merchandise or service
rendered, the net proceeds obtained from the conduct of the games and the
uses for which said moneys have been used or will be used, and a list of all
prizes offered and given, with the values thereof. It shall be the duty of
the licensee to maintain and keep all books and records that are necessary
to verify the particulars of the financial statement rendered.
B.
Upon filing said financial statement with the Clerk,
the authorized organization shall pay to the Clerk, by certified check, an
additional license fee based on a percentage of the net proceeds of the period
covered by the statement. The percentage rate shall be based upon a schedule
which shall be established by the Board.
[Amended 12-6-77]
The Clerk shall have the power to examine or cause to be examined the
books and records of:
A.
Any authorized organization which is presently or which
has been licensed to conduct games of chance, as far as they might relate
to the conducting of these games of chance and the disposition of the net
proceeds derived therefrom. In addition, the Clerk may examine or cause to
be examined any manager, officer, member or agent of the authorized organization,
under oath, in relation to any matter which may be related to the conduct
of the games of chance and the disposition of the net proceeds.
B.
Any authorized games of chance hall lessors, as far as
they might relate to the leasing of a hall or premises for games of chance
and, in addition, the Clerk may examine or cause to be examined any manager,
officer, member or agent of the lessor, under oath, in relation to such leasing
and the disposition of the net proceeds derived therefrom.
It shall be a violation of this chapter for any person, corporation,
association or organization to:
A.
Make any false statement in any application for any license
authorized under this chapter.
B.
Pay or accept payment for the use of any hall or premises
for conducting games of chance in an amount greater than the amount set forth
in the license provided for by this chapter.
C.
Fail to keep such books and records as shall fully and
truly record and reflect all transactions connected with the conducting of
games of chance or the leasing of the hall or premises for such purpose.
D.
Falsify or make any false entry in any books or records
relating to the manner of conduct of such games of chance, the rents received
and the manner of disposition of the net proceeds.
E.
Divert or pay any portion of the net proceeds of any
game of chance to any person, association, corporation or organization except
in the furtherance of one (1) or more of the lawful purposes as set forth
in this chapter.
F.
Violate any of the rules, restrictions or guidelines
that are established and set forth in this chapter.
A.
Any person, association, corporation or organization,
or member, officer, agent or employee of any such entity, who shall be found,
by a court of competent jurisdiction, to be in violation of any of the provisions
of this chapter shall be deemed guilty of a misdemeanor and shall be subject
to a fine not to exceed one thousand dollars ($1,000.) or to a period of incarceration
not to exceed one (1) year, or both.
B.
In addition, any person, association, corporation or
organization found guilty of violating the provisions of this chapter shall
forfeit any license issued pursuant to this chapter and shall be barred from
and be ineligible to apply for such a license pursuant to this chapter for
at least a period of five (5) years from the date of such forfeiture.
If any provision of this chapter or the application thereof to any person,
association, corporation or organization or set of circumstances shall be
adjudged unconstitutional or in violation of any other law by any court of
competent jurisdiction, the remainder of this chapter or the application thereof
to any other person, association, corporation or organization or set of circumstances
shall not be affected thereby.
The provisions of this chapter shall not become effective until adopted
by the Town Board of the Town of Islip, after a public hearing, and until
the proposition, as approved by the Town Board of the Town of Islip, shall
be submitted to the voters of the Town of Islip at a general or special election
and approved by a vote of the majority of the qualified voters of the Town
of Islip voting thereon. In no event will the provisions of this chapter be
effective within the Town of Islip prior to January 1, 1977.
[Added 6-6-78; amended 2-6-79]
Enforcement of the rules and regulations of this ordinance shall be
pursuant to the General Municipal Law, § 194(1). That section permits
the chief law enforcement officer of the municipality to exercise rigid control
and close supervision over all games of chance conducted under any license.
Therefore, the Supervisor, or those designated by him, is hereby delegated
the responsibility of control and supervision of all games of chance.
