[HISTORY: Adopted by the Town Board of the Town of Babylon 9-21-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 84.
Public assembly places — See Ch. 173.
A. 
The Town of Babylon 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 Babylon Town. The conducting of games of chance in the past, while illegal, was also subject to exploitation by professional gamblers as well as by the undesirable elements of organized crime.
B. 
It is hoped that this chapter of the Code of the Town of Babylon will allow the bona fide authorized organizations to raise funds in order that they may continue and expand their 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:
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.
LICENSE PERIOD
A period of time not to exceed six consecutive hours.
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.
A. 
To conduct games of chance:
(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 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 and the place or places where, 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 or as otherwise provided by this chapter.
(2) 
Each application shall designate not less than four 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. 
Authorized games of chance hall lessor.
(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 name and address of the applicant.
(b) 
The 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 occasion.
C. 
License application fee. The fee for the filing of an application to obtain a license to conduct games of chance or to be an authorized games of chance hall lessor shall be $25.
A. 
License to conduct games of chance. The Clerk shall make an investigation of the qualifications of each applicant and the merits of each application. Such investigations shall include but shall not be limited to the following:
(1) 
That the applicant is duly qualified and that all statements on the application are accurate.
(2) 
That the members names 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) 
Whether the applicant is an authorized organization to conduct games of chance.
(2) 
That the issuance of such 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 $25 for each license period.
B. 
License as authorized games of chance hall lessor. The license fee shall be $50 for each one occasion that a duly licensed authorized organization leases the premises or hall. The license issued pursuant to this section shall be for one occasion only.
C. 
No license issued pursuant to this chapter shall be effective for a period of time exceeding one year.
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.
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 for which the funds raised will be used, that the net prize winnings will not exceed the legal limit and 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 of or value of $100.
F. 
No wager can exceed the amount of or value of $10.
G. 
No series of prizes on any one occasion shall exceed the amount of or value of $1,000.
H. 
No person but a member of the authorized organization conducting the games, its auxiliary or affiliated organization conducting the games 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 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., Saturday and Sunday. Games of chance will not be allowed to be held at any other times.
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 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 $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 sign not exceeding 60 square feet in area 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 additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted.
A. 
Within seven 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, 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, in cash or certified check, an additional license fee based on a percentage of the net proceeds for the period covered by the statement. The percentage rate shall be based upon a schedule which shall be established by the Board.
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.
[1]
Editor’s Note: Former § 130-12, Penalties for offenses, was repealed 6-22-2010 by L.L. No. 12-2010. See now Ch. 1, General Provisions, Art. II, General Penalties.
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.
[1]
Editor's Note: This ordinance was approved at a special election held 11-2-1976.