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.
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.
The conduct of bingo games authorized by this
chapter shall be subject to the following restrictions:
A. 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.
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.
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 or
from another authorized organization.
D. 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.
E. No prize shall exceed the sum or value of $250 in
any single game of bingo.
F. No series of prizes on any one bingo occasion shall
aggregate more than $1,000.
G. No person except a bona fide member of any 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 game of bingo.
I. 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.
J. Limited period bingo shall be conducted in accordance
with the provisions of this chapter and the rules and regulations
of the Board.
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.
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.
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.
Games of bingo may be conducted under any license
issued under this chapter on the first day of the week, commonly known
and designated as "Sunday," unless it shall be otherwise provided
in the license issued for the holding, operating and conducting thereof,
pursuant to the provisions of this chapter authorizing the conduct
of bingo under this chapter on that day.