[HISTORY: Adopted by the Council of the City of New Rochelle 9-7-1976
by Ord. No. 216-1976.[1] Section 157-6B, C and D amended during codification; see Ch. 1,
General Provisions. Other amendments noted where applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 93.
Bingo — See Ch. 104.
Fees — See Ch. 133.
[1]
Editor's Note: This legislation was included as Ch. 24 of the General
Ordinances. In addition, this ordinance was ratified in a referendum held
11-2-1976.
The Council hereby declares that the raising of funds for the promotion
of bona fide charitable, educational, scientific, health, religious and patriotic
causes and undertakings, where the beneficiaries are undetermined, is in the
public interest. It hereby finds that, as conducted prior to the enactment
of this chapter, games of chance were the subject of exploitation by professional
gamblers, promoters and commercial interests, it is hereby declared to be
the policy of the Council that all phases of, supervision, licensing and regulation
of games of chance and the conduct of games of chance should be closely controlled
and that the local laws and regulations pertaining thereto should be strictly
construed and rigidly enforced; that the conduct of the games and all attendant
activities should be so regulated and adequate controls so instituted as to
discourage commercialization in all its forms, including the rental of commercial
premises for games of chance and to ensure a maximum availability of the net
proceeds of games of chance exclusively for application to the worthy causes
and undertakings specified herein; that the only justification for this chapter
is to foster and support such worthy causes and undertakings; and that the
mandate of § 9 of Article I of the State Constitution, as amended,
and of Article 9-A of the General Municipal Law, should be carried out by
rigid regulations to prevent commercialized gambling, prevent participation
by criminal and other undesirable elements and prevent the diversion of funds
from the purposes herein authorized.
As used in this chapter, the following terms shall have the following
meanings:
An authorized organization which has been granted a lessor's license
pursuant to the provisions of this chapter.
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, 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, provided that
each shall operate without profit to its members, and provided that each such
organization has engaged in serving one or more of the lawful purposes as
defined in this chapter for a period of three years immediately prior to applying
for a license under this chapter. No organization shall be deemed an "authorized
organization" which is formed primarily for the purpose of conducting games
of chance and the distribution of the proceeds thereof to itself or any other
organization and which does not devote at least 75% of its activities to other
purposes set forth in this chapter. No political party shall be deemed an
"authorized organization."
Any person, firm, partnership or organization licensed by the Board
to sell or lease games of chance equipment or paraphernalia which meets the
specifications and regulations established by the Board. Nothing herein 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 written
permission from the Board.
The New York State Racing and Wagering Board.
Include 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 not including games commonly known as "bingo"
or "lotto," which are controlled under Article 14-H of the General Municipal
Law, and also not including slot machines, bookmaking and policy or numbers
games, as defined in § 225.00 of the Penal Law. No "game of chance"
shall involve wagering of money by one player against another player.
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 a 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.
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.
A period of time not to exceed 14 consecutive hours.
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 premises from any noncommercial or nonprofit organization for
which the lessee pays rent to the lessor and likewise undertakes to pay substantially
all of the regularly recurring expenses to the operation and maintenance of
such leased premises.
In relation to the gross receipts from one or more occasions of games
of chance, the amount that shall remain after deducting the reasonable sums
necessarily and actually expended for supplies and equipment, prizes, stated
rental, if any, bookkeeping or accounting services according to a schedule
of compensation prescribed by the Board, janitorial services and utility supplies,
if any, license fees and the cost of bus transportation, if authorized by
the Board.
In relation to the gross rent received by an organization licensed to
conduct such games 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.
The conducting of any one type of game of chance during any one license
period. No series of prizes on any one occasion shall aggregate more than
$1,000.
A sum of money or item or merchandise awarded by the authorized organization
to a participant in any one operation or conducting of a game of chance in
which participants utilize currency for participation and in which those who
are not winners surrender their participating currency at the conclusion of
the single operation of such game of chance. No prize for any one participant
in any one operation or conducting of such single game of chance shall exceed
the sum of $100. If a prize is awarded based on odds, only that portion in
excess of the winning participant's bet shall be considered as a "prize."
For the purposes of this definition, the value of a "prize" which consists
of merchandise shall be the actual cost of the item of such merchandise.
A.Â
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 games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided in § 157-5.
B.Â
No game of chance 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.Â
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 games of chance from other than
a supplier licensed by the Board or from another authorized organization.
D.Â
The entire net proceeds of any game of chance and of
any rental shall be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
E.Â
No prize shall exceed the sum or value of $100 in any operation or conducting of a single game of chance as defined in § 157-2. No single wager shall exceed $10.
F.Â
No series of prizes on any one occasion of games of chance shall aggregate more than $1,000 as defined in § 157-2.
G.Â
No person except a bona fide member of any such organization, its auxiliary or affiliated organization shall participate in the management or operation of such game as set forth in § 157-15.
H.Â
No person shall receive any remuneration for participating
in the management or operation of any such game.
The unauthorized conduct of a game of chance shall constitute and be
punishable as a misdemeanor.
To conduct games of chance, each applicant for a license shall, after
obtaining an identification number from the Board, file with the City Clerk
a written application therefor in a form to be prescribed by the Board, duly
executed and verified, in which shall be stated:
A.Â
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to enable
such department to determine whether or not it is a bona fide authorized organization.
B.Â
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 games under the license applied for.
C.Â
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
such games or for the use of the premises of an authorized games of chance
lessor.
D.Â
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.
E.Â
The 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 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
of the Board.
(1)Â
In each application there shall be designated not less
than four active members of the applicant organization under whom the game
or games of chance will be conducted, and to the application shall be appended
a statement executed by the members so designated that they will be responsible
for the conduct of such games in accordance with the terms of the license
and the rules and regulations of the Board and of this chapter.
(2)Â
Authorized games of chance lessor. Each applicant for a license to lease premises to a licensed organization for the purpose of conducting games of chance therein shall file with the City Clerk a written application therefor in a form to be prescribed by 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; a statement that the applicant in all respects conforms to the specifications contained in the definition of "authorized organization" set forth in § 157-2 and such other information as shall be prescribed by the Board.
A.Â
The City 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.
B.Â
Issuance of licenses to conduct games of chance. If the City Clerk shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this chapter; that the members of the applicant designated in the application to conduct games of chance 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 City Clerk 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 games except as in this chapter otherwise provided; and that no prize will be given in excess of the sum or value of $100 in any single game and that the aggregate of all prizes given on one occasion under said license shall not exceed the sum or value of $1,000, he shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee as set forth in Chapter 133, Fees, for each license period.[1]
C.Â
Issuance of licenses to authorized games of chance lessors. If the City Clerk shall determine that the applicant seeking to lease a hall or premises for the conduct of games of chance to an authorized organization is duly qualified to be licensed under this chapter; that the applicant satisfies the requirements for an authorized game of chance lessor as defined in § 157-2; that the City Clerk shall find and determine that there is a public need and that public advantage will be served by the issuance of such license; that the applicant has filed its proposed rent for each game of chance 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 such games 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 such games to the authorized organization or organizations specified in the application during the period therein specified or such shorter period as the City Clerk shall determine, but not to exceed one year, upon payment of a license fee as set forth in Chapter 133, Fees.[2]
D.Â
On or before the 30th day of each month, the Commissioner
of Finance shall transmit to the State Comptroller a sum equal to 50% of all
authorized games of chance lessor license fees and the sum of $15 per license
period for the conduct of games of chance collected by such Department pursuant
to this section during the preceding calendar month.[3]
E.Â
No license shall be issued under this chapter which shall
be effective for a period of more than one year.
No application for the issuance of a license to an authorized organization
shall be denied by the City 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 the City Clerk 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.
A.Â
Each license to conduct games of chance 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,
the names and addresses of the member or members of the licensee under whom
the games will be conducted, the place or places where and the date or dates
and time or times when such games are to be conducted and the purposes to
which the entire net proceeds of such games are to be devoted; if any prize
or prizes are to be given in cash, a statement of the amounts of the prizes
authorized so to be given; and any other information which may be required
by said rules and regulations to be contained therein, and each license issued
for the conduct of any games shall be conspicuously displayed at the place
where same is to be conducted at all times during the conduct thereof.
B.Â
Each license to lease premises for conducting games of
chance will 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 information which may be required by said rules and regulations
to be contained therein, and each such license shall be conspicuously displayed
upon such premises at all times during the conduct of games of chance.
The City Clerk shall have and exercise rigid control and close supervision
over all games of chance 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 the City Clerk and the Board shall have the
power and authority to temporarily suspend any license issued by the City
Clerk pending a hearing and after notice and hearing, the City Clerk and the
Board may suspend or revoke same, and additionally, impose a fine not exceeding
$1,000 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 chance 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. An agent of the City Clerk shall make an on-site inspection during the
conduct of all games of chance licenses pursuant to this chapter.
Subject to the applicable provisions of the Alcoholic Beverage Control
Law, beer may be offered for sale during the conduct of games of chance but
the offering of all other alcoholic beverages is prohibited.
The City Clerk may promulgate such rules and regulations as deemed necessary
for the proper implementation and enforcement of this chapter and which are
not inconsistent with those rules and regulations promulgated by the Board.
A.Â
No person under the age of 18 years shall be permitted
to play any game or games of chance conducted pursuant to any license issued
under this chapter.
B.Â
No person under the age of 18 years shall be permitted
to conduct or assist in the conduct of any game of chance conducted pursuant
to any license issued under this chapter.
A.Â
No game or games of chance shall be conducted under any
license issued under this chapter more often than 12 times in any calendar
year.
B.Â
Games shall be conducted only between the hours of 12:00
noon and 12:00 midnight on Monday, Tuesday, Wednesday, Thursday and Sunday;
and between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday; and
between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00
a.m. closing period shall also apply to a legal holiday.
C.Â
Notwithstanding the foregoing provisions of this section,
no games of chance shall be conducted on Easter Sunday, Christmas Day or New
Year's Eve, and the days of Rosh Hashanah and Yom Kippur.
A.Â
No person shall hold, operate or conduct any games of
chance 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 chance
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.
B.Â
No game of chance shall be conducted with any equipment
except such as shall be owned or leased by the authorized organization so
licensed or used without payment of any compensation therefor by the licensee.
C.Â
At least two officers. directors, trustees or clergy
of the authorized organization shall, upon request, certify under oath that
the persons assisting in holding, operating or conducting any game of chance
are bona fide members of such authorized organization, auxiliary or affiliated
organization.
D.Â
Upon request by the City Clerk, any such person involved
in such games of chance shall certify that he or she has no criminal record.
E.Â
No items of expense shall be incurred or paid in connection
with the conducting of any game of chance pursuant to any license issued under
this chapter except those that are reasonable and are necessarily expended
for games of chance supplies and equipment, prizes, stated rental, if any,
bookkeeping or accounting services according to a 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
City Clerk.
A.Â
Not more than $2 shall be charged by any licensee for
admission to any room or place in which any game or games of chance are to
be conducted under any license issued under this chapter. The City Clerk may
in his discretion fix a minimum fee.
B.Â
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.
C.Â
No alcoholic beverage shall be offered or given as a
prize in any game of chance.
No game of chance conducted or to be conducted in this City 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, or transportation facilities to be
provided to such game, 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 sign not exceeding 60 square
feet in area may be displayed on or adjacent to the premises 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 additional sign may be displayed on or adjacent to the premises in which
the games are to be conducted. 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, 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.
A.Â
Within seven days after the conclusion of any license
period, 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 each furnish to the City 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 other than prizes, the name and address of each person
to whom each such item of expense 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 the conduct of the games of chance
during such license period, 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.
B.Â
Upon the filing of such statement of receipts, the authorized
organization furnishing the same shall pay to the City Clerk as and for an
additional license fee a sum based upon the reported net proceeds, if any,
for the license period 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 actual cost to the City of administering the provisions of this
chapter, but such additional license fee shall not exceed 5% of the net proceeds
for such occasion.
A.Â
The City Clerk and the Board shall have power to examine
or cause to be examined the books and records of:
(1)Â
Any authorized organization which is or has been licensed
to conduct games of chance, so far as they may relate to games of chance,
including the maintenance, control and disposition of net proceeds derived
from games of chance or from the use of its premises for games of chance,
and to examine any manager, officer, director, 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 games of chance, or the disposition of net proceeds
derived from games of chance, as the case may be.
(2)Â
Any authorized games of chance lessor, so far as they
may relate to leasing premises for games of chance and to examine said lessor
or any manager, officer, director, agent or employee thereof under oath in
relation to such leasing.
B.Â
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.
Any applicant for or holder of any license issued or to be issued under
this chapter aggrieved by any action of the City Clerk may appeal to the Board
from the determination of said City Clerk by filing with the City 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 City Clerk 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 such department
and all parties to said appeal.
Any person, association, corporation or organization who or which shall make any material 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 games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for in § 157-9B; fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or divert or pay any portion of the net proceeds of any game of chance to any person, association or corporation, except in furtherance of one or more of the lawful purposes defined in 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 at least a year thereafter.
Any person, association, corporation or organization holding, operating
or conducting a game or games of chance is guilty of a misdemeanor, except
when operating, holding or conducting in accordance with a valid license issued
pursuant to this chapter or on behalf of a bona fide organization of 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:
A.Â
The organization has applied for and received an identification
number from the Board;
B.Â
No player or other person furnishes anything of value
for the opportunity to participate;
C.Â
The prizes awarded or to be awarded are nominal;
D.Â
No person other than a bona fide active member of the
organization participates in the conduct of the games; and
E.Â
No person is paid for conducting or assisting in the
conduct of the game or games.
