As used in this chapter, the following terms
shall have the meanings indicated:
AUTHORIZED GAMES OF CHANCE HALL LESSOR
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.
AUTHORIZED ORGANIZATION
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 or more of the lawful purposes as defined in this chapter. Such
organizations shall be in existence and operating for this lawful
purpose for a period of at least three years immediately prior to
applying for a license under this chapter. No political party shall
be seen as an authorized organization.
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
Any person, firm, partnership or organization licensed by
the Board to sell or lease games of chance equipment or paraphernalia
which meet 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.
BOARD
The-New York State Racing and Wagering Board.
CLERK
The Town Clerk of the Town of Babylon.
GAMES OF CHANCE
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" and also not including 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
wagering of money by one player against another.
LAWFUL PURPOSE
One or more of the following purposes or causes:
A.
Those which 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 governments.
B.
Those which shall initiate, perform or foster
worthy public works or shall enable or further the erection or maintenance
of public structures.
C.
Those which shall otherwise lessen the burdens
borne by government or which are voluntarily undertaken by an authorized
organization to augment or supplement service which government would
normally render to the people.
ONE OCCASION
The conducting of any type of game of chance during any one
licensed period. No series of prizes on any "one occasion" shall exceed
the sum of $1,000.
PRIZE
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 participant in any one operation
of such game of chance shall exceed $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.
TOWN
The Town of Babylon.
On or before the 13th day of each month, the
Clerk shall transmit to the State Comptroller a sum equal to 50% of
all authorized games of chance hall lessor license fees and the sum
of $15 per license period for the conduct of games of chance collected
by the Clerk during the preceding month.
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, so 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 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 the 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 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.
The provisions of this chapter shall not become
effective until adopted by the Town Board of the Town of Babylon,
after a public hearing, and until the proposition, as approved by
the Town Board of the Town of Babylon, shall be submitted to the voters
of the Town of Babylon at a general or special election and approved
by a vote of the majority of the qualified voters of the Town of Babylon
voting thereon. In no event will the provisions of this chapter be
effective within the Town of Babylon prior to January 1, 1977.