[HISTORY: Adopted by the Town Board of the
Town of Babylon 9-21-1976. Amendments noted where applicable.]
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:
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.
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.
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.
The-New York State Racing and Wagering Board.
The Town Clerk of the Town of Babylon.
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.
One or more of the following purposes or causes:
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.
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 service which government would
normally render to the people.
A period of time not to exceed six consecutive hours.
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.
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.
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.
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.
