Chapter 59 Bingo

A person, firm or corporation other than a licensee to conduct bingo under the provisions of this chapter, who or which shall own or be a net lessee of the premises and shall offer the same for leasing by him or it to an authorized organization for any consideration whatsoever, direct or indirect, for the purpose of conducting bingo therein, provided that he or it, as the case may be, shall not be:

A person convicted of a crime who has not received a pardon or a certificate of good conduct.

A person who is or has been a professional gambler or gambling promoter or who for other reasons is not of good moral character.

A public officer who receives any consideration, direct or indirect, as owner or lessor of premises offered for the purpose of conducting bingo therein.

(d)

A firm or corporation in which a person defined in subsection (1)(a), (b) and (c) above or a person married or related in the first degree to such a person has greater than a 10% proprietary, equitable or credit interest or in which such a person is active or employed.

Nothing contained in this definition shall be construed to bar any firm or corporation which is not organized for pecuniary profit and no part of the net earnings of which inure to the benefit of any individual, member or shareholder from being an "authorized commercial lessor" solely because a public officer or a person married or related in the first degree to a public officer is a member of, active in or employed by such firm or corporation.

AUTHORIZED ORGANIZATION

Includes any bona fide religious or charitable organization or bona fide educational, fraternal, civic 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 or more of the lawful purposes as defined in this chapter, and provided that each such organization has engaged in servicing one or more of the lawful purposes as defined in this chapter for a period of one year immediately prior to applying for a license under this chapter.

BINGO CONTROL LAW

Article 19-B of the Executive Law.

BINGO or GAME

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.

BOARD

The New York State Racing and Wagering Board.

CLERK

The Town Clerk of the Town of Colonie.

LAWFUL PURPOSES

One or more of the following causes, deeds or activities:

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.

Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.

(3)

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.

LIMITED PERIOD BINGO

The conduct of bingo by a licensed authorized organization, for a period of not more than seven of 12 consecutive days in any one year, at a festival, bazaar, carnival or similar function conducted by such licensed authorized organization. No authorized organization licensed to conduct limited period bingo shall be otherwise eligible to conduct bingo pursuant to this chapter in the same year.

MUNICIPALITY

The Town of Colonie.

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 commercial premises 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

The following:

In relation to the gross receipts from one or more occasions of bingo, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for bingo supplies and equipment; prizes; stated rental, if any; bookkeeping or accounting services according to a schedule of compensation prescribed by the Commission; janitorial services and utility supplies, if any; license fees; and the cost of bus transportation, if authorized by the Board; and

§ 59-3 Administration and enforcement authority.

In relation to the gross rent received by an organization licensed to conduct bingo for the use of its premises by another 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.

Word usage. Words singular in form may include the plural; and words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter gender.

§ 59-2 Source of authority.

This chapter is subject and subordinate to all the conditions and provisions in Article 14-H of the General Municipal Law and amendments thereto and any and all rules and regulations and opinions adopted or to be adopted by the New York State Racing and Wagering Board.

Subject to the provisions of Article 14-H of the General Municipal Law of New York and pursuant to the direction contained in Subdivision 2 of Section 9 of Article 1 of the Constitution of the state, the Town of Colonie has the right, power and authority to authorize the conduct of bingo by authorized organizations within the territorial limits of the Town of Colonie.

The Town Clerk and the Chief of Police are hereby delegated the authority granted to the Town Board by Article 14-H of the General Municipal Law in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings and the collection and transmission of fees.

§ 59-4 License required.

No person, firm, association, corporation or organization other than an authorized organization licensed under the provisions of this chapter shall be permitted to conduct the game of bingo within the territorial limits of the Town of Colonie.

§ 59-5 Restrictions on conduct of games.

The conduct of bingo games authorized by this chapter shall be subject to the following restrictions:

No person, firm, association, corporation or organization other than a licensee under the provisions of this chapter shall conduct such game or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.

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.

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 or from another authorized organization.

The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.

No prize shall exceed the sum or value of $250 in any single game of bingo.

No series of prizes on any one bingo occasion shall aggregate more than $1,000.

No person except a bona fide member of any such organization shall participate in the management or operation of such game.

No person shall receive any remuneration for participating in the management or operation of any game of bingo.

The unauthorized conduct of a bingo game and any willful violation of any provision of any local law shall constitute and be punishable as a misdemeanor.

Limited period bingo shall be conducted in accordance with the provisions of this chapter and the rules and regulations of the Board.

§ 59-6 Application for license to conduct games.

Each applicant for a license, after obtaining an identification number from the State Board, shall file with the Town Clerk a written application therefor in a form to be prescribed by the State Board or the Town Clerk, duly executed and verified, in which shall be stated:

The name and address of the applicant, together with sufficient facts relating to its incorporation and organization to enable such Clerk to determine whether or not it is a bona fide authorized organization.

The names and addresses of its officers; the place or places where, the date or dates and the time or times when the applicant intends to conduct bingo under the license applied for.

(3)

In case the applicant intends to lease premises for this purpose from other than an authorized organization, the name and address of the licensed commercial lessor of such premises, and the capacity or potential capacity for public assembly purposes of space in any premises presently owned or occupied by the applicant.

(4)

The amount of rent to be paid or other consideration to be given, directly or indirectly, for each occasion for use of the premises of another authorized organization licensed under this chapter to conduct bingo or for use of the premises of a licensed commercial lessor.

(5)

All other items of expense intended to be incurred or paid in connection with the holding, operating and conducting of such games of bingo and the names and addresses of the persons to whom and the purposes for which they are to be paid.

(6)

The specific 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 bingo 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.

In each application, there shall be designated an active member or members of the applicant organization under whom the game or games of bingo will be conducted and to the application shall be appended a statement executed by the member or members so designated, that he or they will be responsible for the conduct of such bingo games in accordance with the terms of the license, and the rules and regulations of the Board and this chapter.

Commercial lessor.

Each applicant for a license to lease premises to a licensed organization for the purposes of conducting bingo therein shall file with the Clerk a written application therefor in a form prescribed in the rules and regulations of 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; lawful capacity for public assembly purposes; cost of premises and assessed valuation for real estate tax purposes or annual net lease rent, whichever is applicable; gross rentals received and itemized expenses for the immediately preceding calendar or fiscal year, if any; gross rentals, if any, derived from bingo during the last preceding calendar or fiscal year; computation by which proposed rental schedule was determined; number of occasions on which applicant anticipates receiving rent for bingo during the ensuing year or shorter period if applicable; proposed rent for each such occasion; estimated gross rental income from all other sources during the ensuing year; estimated expenses itemized for ensuing year and amount of each item allocated to bingo rentals; a statement that the applicant in all respects conforms with the specifications contained in the definition of "authorized commercial lessor" set forth in § 59-1A of this chapter and such other information as shall be prescribed by such rules and regulations.

§ 59-7 Investigation; issuance of license; fees; duration of license.

At the end of the license period, a recapitulation in a manner prescribed in the rules and regulations of the Board shall be made as between the licensee and the Town of Colonie in respect to the gross rental actually received during the license 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 rules and regulations shall prescribe.

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.

Issuance.

Issuance of licenses to conduct bingo. If such Clerk shall determine that the applicant is duly qualified to be licensed to conduct bingo under this chapter; that the member or members of the applicant designated in the application to conduct bingo 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 or a certificate of good conduct; 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 the governing body is satisfied that no commission, salary, compensation, reward or recompense whatever will be paid or given to any person holding, operating or conducting or assisting in the holding, operation and conduct of any such game except as in this chapter otherwise provided; that no prize will be offered and given in excess of the sum or value of $250 in any single game; and that the aggregate of all prizes offered and given in all of such games 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 conduct of bingo upon payment of a license fee of $12.50 for each bingo occasion; provided, however, that the governing body shall refuse to issue a license to an applicant seeking to conduct bingo in premises of a licensed commercial lessor where it determines that the premises presently owned or occupied by said applicant are in every respect adequate and suitable for conducting bingo games.

Issuance of licenses to commercial lessors. If such Clerk shall determine that the applicant seeking to lease a hall or premises for the conduct of bingo to an authorized organization is duly qualified to be licensed under this chapter; that the applicant satisfies the requirements for an authorized commercial lessor as defined in § 59-1A of this chapter; that the applicant has filed its proposed rent for each bingo occasion; that the Board has approved as fair and reasonable a schedule of maximum rentals for each such occasion; 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 a hall or premises for the conduct of bingo is to be in accordance with the provisions of this chapter and in accordance with the rules and regulations of the Board, it shall issue a license permitting the applicant to lease said premises for the conduct of bingo to the authorized organization or organizations specified in the application during the period therein specified or such shorter period as the Clerk shall determine, but not to exceed one year, upon payment of a license fee of $10, plus an amount based upon the aggregate rent specified in the license and determined in accordance with the following schedule:

Aggregate rental of $100 to $499: $5.

Aggregate rental of $500 to $999: $25.

§ 59-9 Form, content and display of licenses.

Aggregate rental of $1,000 to $2,499: $50.

(d)

Aggregate rental of $2,500 to $4,999: $125.

(e)

Aggregate rental of $5,000 to $9,999: $250.

(f)

Aggregate rental of $10,000 to $49,999: $500.

(g)

Aggregate rental of $50,000 to $100,000: $2,500.

(h)

Aggregate rental in excess of $100,000: $5,000.

On or before the 30th day of each month, the Treasurer of the Town shall transmit to the State Comptroller a sum equal to 50% of all commercial lessor license fees and the sum of $7.50 per occasion of all license fees for the conduct of bingo collected by such Clerk pursuant to this section during the preceding calendar month.

No license shall be issued under this chapter which shall be effective for a period of more than one year. In the case of limited period bingo, no license shall be issued authorizing the conduct of such games on more than two occasions in any one day, nor shall any license be issued under this chapter which shall be effective for a period of more than seven of 12 consecutive days in any one year.

§ 59-8 Hearing; amendment of license.

No application for the issuance of a license 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.

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.

Each license to conduct bingo 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 member or members of the licensee under whom the games will be conducted, 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 specific purposes to which the entire net proceeds of such games are to be devoted; if any prize or prizes are to be offered and given in cash, a statement of the amounts of the prizes authorized so to be offered and given; and any other information which may be required by said rules and regulations to be contained therein. Each license issued for the conduct of any game shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof.

Each license to lease premises for conducting bingo shall 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 other information which may be required by said rules and regulations to be contained therein. Each such license shall be conspicuously displayed upon such premises at all times during the conduct of bingo.

§ 59-10 Control and supervision; suspension of licenses; inspection of premises.

The Clerk issuing any license under this chapter shall have and exercise rigid control and close supervision over all games of bingo 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 governing body and the Board shall have the power and the authority to suspend any license issued by such governing body and to revoke the same and, additionally, in the case of an authorized commercial lessor, to impose a fine in an amount not exceeding $1,000, after notice and hearing, 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 bingo 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.

§ 59-11 Serving of alcoholic beverages.

No game or games of bingo shall be conducted in any room or outdoor area where alcoholic beverages are sold, served or consumed during the progress of the game or games.

§ 59-12 Statement of receipts and expenses; additional license fee; examination of records.

Within seven days after the conclusion of any occasion of bingo, the authorized organization which conducted the same, and its members who were in charge thereof and, when applicable, the authorized organization which rented its premises therefor shall 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, 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 proceeds derived from such game or rental, as the case may be, and the use to which such proceeds have been or are to be applied and a list of prizes offered and given, with the respective values thereof; 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 and, within 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.

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 occasion 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 cost to municipalities of administering the provisions of this chapter and of Article 19-B of the Executive Law.

Examination of records.

The Clerk, officer and the Board shall have power to examine or cause to be examined the books and records of:

Any authorized organization which is or has been licensed to conduct bingo, so far as they may relate to bingo, including maintenance, control and disposition of net proceeds derived from bingo or from the use of its premises for bingo, and to examine any manager, officer, 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 bingo or the disposition of net proceeds derived from bingo, as the case may be.

Any licensed authorized commercial lessor so far as they may relate to leasing premises for bingo and to examine said lessor or any manager, officer, director, agent or employee thereof, under oath, in relation to such leasing.

§ 59-14 Prohibitions; penalties for offenses.

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 and Article 19-B of the Executive Law.

§ 59-13 Appeals.

Any applicant for or holder of any license issued or to be issued under this chapter aggrieved by any action of the officer or Clerk to which such application has been made or by which such license has been issued may appeal to the Board from the determination of said Town by filing with such officer or Clerk a written notice of appeal within 30 days after the determination or action appealed from, and, upon the hearing of such appeal, the evidence, if any, taken before the Town 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 said Town and all parties to said appeal.

No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this chapter unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this chapter.

No game or games of bingo, except limited period bingo, shall be conducted under any license issued under this chapter more often than on six days in any one calendar month. No game or games of limited period bingo shall be conducted between the hours of 12:00 midnight and 12:00 noon, and no more than 60 games may be conducted on any single occasion of limited period bingo.

No person shall hold, operate or conduct any game 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 of bingo under such license except such an active member or a 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.

No game of bingo shall be conducted with any equipment except as shall be owned absolutely by the authorized organization so licensed or used without payment of any compensation therefor by the licensee.

No items of expense shall be incurred or paid in connection with the conducting of any game of bingo pursuant to any license issued under this chapter, except those that are reasonable and are necessarily expended for bingo supplies and equipment, prizes, stated rental, if any, bookkeeping or accounting services according to the schedule of compensation prescribed by the Board, janitorial services and utility supplies, if any, and license fees and the cost of bus transportation, if authorized by the Board.

Except in the conduct of limited period bingo, not more than $1 shall be charged by any licensee for admission to any room or place in which any game or games of bingo are to be conducted under any license issued under this chapter, which admission fee, upon payment thereof, shall entitle the person paying the same 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 $1.25 shall be made for a single opportunity to participate in all special games to be played under such license on such occasion. The Clerk may in his discretion fix a minimum fee. In the conduct of limited period bingo, no admission fee shall be charged, not more than $0.15 shall be charged for a single opportunity to participate in any one game, which charge, upon payment thereof, shall entitle the person paying the same to one card for participation in one such game, and no licensee shall sell more than three opportunities to each player participating in any one game. 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 beverage shall be offered or given as a prize in any game of bingo.

A licensee may advertise the conduct of an occasion of bingo to the general public by means of handbill and poster, and by one freestanding sign not exceeding 32 square feet in area, which may be displayed on the premises owned or occupied by a licensed authorized organization. All advertisements shall be limited to the description of such event as bingo, the name of the licensed authorized organization conducting such occasions, the license number of the authorized organization as assigned by the Clerk and the date, location and time of the bingo occasion.

No person or corporation lawfully conducting or participating in the conduct of bingo 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 any other law 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 bingo under any license obtained by 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 bingo conducted under any license known to him or it to have been obtained by any false pretense or statement.

Any person, association or corporation who or which shall: make any 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 bingo, a rental in excess of the amount specified as the permissible rent in the license provided for in § 59-6C; fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of bingo or the leasing of premises to be used for the conduct of bingo; falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of bingo, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; divert or pay any portion of the net proceeds of any game of bingo to any person, association or corporation, except in furtherance of one or more of the lawful purposes defined in this chapter; or violate any of the provisions of this chapter or of any term of any license issued under 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 one year thereafter.

Any person, firm, partnership, association, corporation or organization holding, operating or conducting bingo or a game is guilty of a misdemeanor, except when operating, holding or conducting:

In accordance with a valid license issued pursuant to this chapter; or

Within the confines of a home for purposes of amusement or recreation where:

No player or other person furnishes anything of value for the opportunity to participate.

Participation in such game does not exceed 15 players.

The prizes awarded or to be awarded are nominal.

(3)

On behalf of a bona fide organization or 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:

The organization has applied for and received an identification number from the Board.

No player or other person furnishes anything of value for the opportunity to participate.