[HISTORY: Adopted by the Town Board of the Town of West Seneca 3-31-1958.
Amendments noted where applicable.]
GENERAL REFERENCES
Licensed amusements — See Ch.
48.
This chapter shall be known and may be cited as the "Bingo Licensing
Law."
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
AUTHORIZED ORGANIZATION
Only bona fide religious, charitable or nonprofit organizations of
veterans, volunteer firemen and similar nonprofit organizations.
BINGO or GAME
A specific game of chance commonly known as "bingo" or "lotto," in
which prizes are awarded on the basis of designated numbers or symbols on
a card conforming to numbers or symbols selected at random.
LICENSE
A license issued pursuant to the provisions of this chapter.
A. The Town Board of the Town of West Seneca does hereby
determine that it shall be lawful for any authorized organization, upon obtaining
a license therefor as hereinafter provided, to conduct the game of bingo within
the territorial limits of the Town of West Seneca, subject to the provisions
of this chapter, the provisions of Article 14-H of the General Municipal Law
of the State of New York and the provisions of the State Lottery Control Commission
Law.
[Amended 10-14-1963]
B. This chapter shall become operative or effective when
it shall have been approved by a majority of the qualified electors of the
Town of West Seneca voting on a proposition therefor, submitted at a general
or special election held within the Town of West Seneca.
C. The time, method and manner of submission, preparation
and provision of ballots and ballot labels, balloting by voting machine and
conducting the election, canvassing the result and making and filing the returns
and all other procedure with reference to the submission of and action upon
any proposition for the approval of any such local law or ordinance shall
be the same as in the case of any other proposition to be submitted to the
electors of the Town of West Seneca at a general or special election in said
Town of West Seneca, as provided by law.
[Amended 10-14-1963]
The following restrictions upon the conduct of bingo games authorized
hereby are hereby imposed:
A. No person, firm, association, corporation or organization
other than a licensee under the provisions of Article 14-H of the General
Municipal Law 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 Article 14-H of the General Municipal Law 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 two hundred
fifty dollars ($250.) in any single game of bingo.
F. No series of prizes on any one (1) bingo occasion shall
aggregate more than one thousand dollars ($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 this chapter shall constitute and be punishable
as a misdemeanor.
A. Each applicant for a license shall file with the Clerk
of the Town of West Seneca a written application therefor in the form prescribed
in the rules and regulations of the Control Commission, duly executed and
verified, in which shall be stated the name and address of the applicant,
together with sufficient facts relating to its incorporation and organization
to enable the Town Board of the Town of West Seneca to determine whether or
not it is a bona fide authorized organization; the names and addresses of
its officers; the specific kinds of games of chance intended to be held, operated
and conducted by the applicant, and the place or places where, the date or
dates and the time or times when such games of chance are intended to be held,
operated and conducted by the applicant under the license applied for; the
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; the
specific purposes to which the entire net proceeds of such games of chance
are to be devoted and in what manner; that no commission, salary, compensation,
reward or recompense will be paid to any person for holding, operating or
conducting such game or games of chance or for assisting therein, except as
in this chapter otherwise provided; and that no prize or aggregate of prizes
will be offered or given under such license of a value in excess of the sum
or value authorized to be offered or given by this chapter, and a description
of all prizes to be offered and given in all such games of chance to be held,
operated and conducted under such license, and such other information as shall
be prescribed by such rules and regulations.
B. In each application there shall be designated an active
member or members of the applicant organization under whom the game or games
of chance described in the application are to be held, operated and conducted,
and to the application shall be appended a statement executed by the applicant
and by the member or members so designated, that he or they will be responsible
for the holding, operation and conduct of such games of chance in accordance
with the terms of the license and the provisions of the rules and regulations
governing the holding, operation and conduct of such games of chance and of
this chapter, if such license is granted.
C. In the event that any premises upon which any such game
of chance is to be held, operated or conducted, or which is to be used for
any other purpose in connection with the holding, operating or conducting
thereof, is to be leased from any person, persons or corporation, a written
statement shall accompany the application signed and verified under oath by
such person or persons or executed and verified under oath on behalf of such
corporation, stating his or its address and the amount of rent which will
be paid for such premises and that such lessor or lessors, or, if a corporation,
all of its officers and each of its stockholders who hold ten percent (10%)
or more of its stock issued and outstanding, are of good moral character and
have not been convicted of crime.
A. The Town Board of the Town of West Seneca 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,
and if it shall determine that the applicant is duly qualified to be licensed
under this chapter to hold, operate and conduct games of chance under the
provisions of this chapter and the rules and regulations governing the holding,
operation and conduct thereof in the Town of West Seneca; that the member
or members of the applicant designated in the application to hold, operate
or conduct the games of chance, to hold, operate and conduct which the license
was applied for, are bona fide active members of the applicant and are persons
of good moral character and have never been convicted of a crime; that such
games of chance are to be held, operated and conducted in accordance with
the provisions of this chapter and in accordance with the rules and regulations
governing the holding, operation and conduct thereof, and that the proceeds
thereof are to be disposed of as provided by this chapter; and if the Town
Board 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 of chance,
except as in this chapter otherwise provided; and that no prize will be offered
and given in excess of the sum or value of two hundred fifty dollars ($250.)
in any single game of chance, and that the aggregate of all prizes offered
and given in all of such games of chance held, operated and conducted on a
single occasion under said license shall not exceed the sum or value of one
thousand dollars ($1,000.), it shall issue a license to the applicant for
the holding, operation and conduct of the specific kinds of games of chance
applied for, accordingly, upon payment of a license fee or fees of ten dollars
($10.) for each occasion upon which any games of chance are to be conducted
under such license.
B. On or before the thirtieth day of each month, the Supervisor
of the Town of West Seneca shall transmit to the State Comptroller a sum equal
to fifty percent (50%) of all license fees collected by such Town of West
Seneca pursuant to this section during the preceding calendar month.
C. No license for the holding, operation and conduct of
any game or games of chance shall be issued under this chapter which shall
be effective for a period of more than one (1) year.
A. No application for the issuance of a license shall be
denied by the Town Board 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.
B. Any license issued under this chapter may be amended
upon application made to the Town Board of the Town of West Seneca, 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.
Each license shall be in such form as shall be prescribed in the rules
and regulations promulgated by the Control Commission and shall contain a
description of the kind of games of chance authorized to be held, operated
and conducted thereunder, a statement of the name and address of the licensee,
of the names and addresses of the member or members of the licensee under
whom such games of chance will be held, operated and conducted, of the number
of times or the hours during which such games of chance are authorized to
be conducted, and the place or places where and the date or dates and time
or times when such games of chance are to be conducted, and of the specific
purposes to which the entire net proceeds of such games of chance are to be
devoted; if any prize or prizes are to be offered and given in cash, a statement
of the amounts of the prizes authorized so to be offered and given; and any
other information which may be required by said rules and regulations to be
contained therein, and each license for the conduct of any game or games of
chance shall be conspicuously displayed at the place where same is to be conducted
at all times during the conduct thereof.
The Town Board of the Town of West Seneca issuing any license under
this chapter shall have and exercise control and supervision over all games
of chance held, operated or conducted under such license, to the end that
the same are fairly held, operated and conducted in accordance with the provisions
of such license, the rules and regulations promulgated by the Control Commission
and the provisions of this chapter governing the holding, operation and conduct
of the same, and such Town Board and the Control Commission shall have the
power and the authority to suspend any license issued by such Town Board and
to revoke the same, after notice and hearing, for violation of any such provision,
and shall have the right of entry, by their respective officers and agents,
at all times into any premises where any such game of chance is being held,
operated and conducted or where it is intended that any such game of chance
shall be held, operated and 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.
A. No games of chance shall 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.
B. The Town of West Seneca does hereby permit the operation
and conduct of games of chance under this chapter on Sunday.
No person under the age of eighteen (18) years shall be permitted to
participate in any game or games of chance held, operated and conducted pursuant
to any license issued under this chapter unless accompanied by an adult.
No game or games of chance shall be held, operated or conducted under
any license issued under this chapter oftener than on six (6) days in any
one (1) calendar month nor in any room or outdoor area where alcoholic beverages
are sold or served during the progress of the game or games.
No person shall hold, operate or conduct any game or 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 or games 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 a member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association and except bookkeepers or accountants as hereinafter provided, and no such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee, and no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any game of chance held, operated or conducted pursuant to any license issued under this chapter except such as are bona fide items of reasonable amount for goods, wares and merchandise furnished or services rendered which are reasonably necessary to be purchased or furnished for the holding, operating or conducting thereof under any circumstances whatever; no rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance thereon or for any other purpose in connection with the holding, operating or conducting thereof unless the amount of such rental is stated in a statement annexed to the application for the license as provided in §
52-5A of this chapter or which is in excess of the sum stated as the rental to be charged therefor in such statement; and no commission, salary, compensation, reward or recompense whatever shall be paid or given, directly or indirectly, to any person holding, operating or conducting, or assisting in the holding, operation or conduct of, any game of chance so held, operated or conducted, except that reasonable compensation may be paid to bookkeepers or accountants for bookkeeping or accounting services rendered, according to a schedule of compensation prescribed by the rules of the Control Commission.
Not more than one dollar ($1.) shall be charged by any licensee for
admission to any room or place in which any game or games of chance are to
be held, operated and conducted under any license issued under this chapter,
which admission fee, upon payment thereof, shall entitle the person paying
the same to a card entitling him to participate without additional charge
in all regular games of chance to be played under such license on such occasion,
and no charge in excess of one dollar ($1.) shall be made for a single opportunity
to participate in all special games to be played under such license on such
occasion. No prize greater in amount or value than two hundred fifty dollars
($250.) shall be offered or given in any single game conducted under any such
license, and the aggregate amount or value of all prizes offered or given
in all games played on a single occasion shall not exceed one thousand dollars
($ 1,000.), and all winners shall be determined and all prizes shall be awarded
in any game played on any occasion within the same calendar day as that upon
which the game was played. No alcoholic beverage shall be offered or given
as a prize in any such game.
No game of chance to be conducted under any license issued under this
chapter 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, 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 (1) sign
not exceeding sixty (60) square feet in area may be displayed on or adjacent
to the premises where the game will be played and an additional sign may be
displayed on or adjacent to the premises where the prize or prizes are displayed
and 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 equipment belonging to any licensee which is a 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.
Within fifteen (15) days after the conclusion of the holding, operating
and conducting of any such game of chance, the authorized organization which
held, operated or conducted the same and its members who were in charge thereof
shall furnish to the Clerk of the Town of West Seneca a duly verified statement
showing the amount of the gross receipts derived from each game of chance,
which shall include receipts from the sale of shares, tickets or rights in
any manner connected with participation in said game or the right to participate
therein, each item of expense incurred or paid and each item of expenditure
made or to be made, the name and address of each person to whom each such
item has been paid or is to be paid, with a detailed description of the merchandise
purchased or the services rendered therefor, the net profit derived from each
such game of chance and the use to which such net profit has been or is 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 report.
The Town Board of the Town of West Seneca and the Control Commission
shall have power to examine or cause to be examined the books and records
of any authorized organization to which any such license is issued so far
as they may relate to any transactions connected with the holding, operating
and conducting of any game of chance thereunder, and to examine any manager,
officer, director, agent, member or employee thereof under oath in relation
to the conduct of any such game of chance under any such license, but 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 Town Board of the Town of West
Seneca to which such application has been made or by which such license has
been issued, may appeal to the Control Commission from the determination of
said Town Board by filing with the Town Board a written notice of appeal within
thirty (30) days after the determination or action appealed from, and upon
the hearing of such appeal, the evidence, if any, taken before the Town Board
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 Control
Commission upon said appeal shall be binding upon said Town Board and all
parties to said appeal.
No person or corporation lawfully conducting or participating in the
conduct of, or possessing, selling or in any manner disposing of any shares,
tickets or rights to participate in, or permitting the conduct upon any premises
owned by him or it of, any game of chance conducted or to be conducted under
any license lawfully issued pursuant to this chapter, shall be liable to prosecution
or conviction for violation of any provision of Article 130 of the Penal Law
or any other law or ordinance, to the extent that such conduct is specifically
authorized by this chapter, but this immunity shall not extend to any person
or corporation knowingly conducting or participating in the conduct of any
game of chance under any license obtained by any false pretense or statement
made in any application for such license or otherwise, or possessing, selling
or disposing of shares, tickets or rights to participate in, or permitting
the conduct upon any premises owned by him or it of, any game of chance conducted
under any license known to him or it to have been obtained by any such false
pretense or statement.
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto, or shall pay any rental for the use of any premises for holding, operating or conducting any game of chance under this chapter or for any other purpose in connection with the holding, operating or conducting thereof, unless the amount of such rental is stated in a statement annexed to the application for the license as provided in §
52-5A of this chapter, or shall pay or receive any sum for such rental in excess of the sum stated as the rental to be charged therefor in such statement executed by him or on its behalf, or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of games of chance under any such license, or shall falsify or make any false entry in any book or record so far as they relate to any transaction connected with the holding, operating or conducting of any game of chance under any such license, or shall violate any of the provisions of this chapter or of any term of such license, shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one (1) year thereafter.
The provisions of this chapter shall remain inoperative in the Town
of West Seneca unless and until a proposition therefor, submitted at a general
or special election in such town, shall be approved by a vote of the majority
of the qualified electors in such town voting thereon. This chapter shall
become effective immediately upon certification of the results of said election.
This chapter may be amended from time to time or repealed by the Town
Board of the Town of West Seneca, and such amendment or repeal, as the case
may be, may be made effective and operative not earlier than thirty (30) days
following the date of enactment of the ordinance affecting such amendment
or repeal, as the case may be; and the approval of a majority of the electors
of such town shall not be a condition prerequisite to the taking effect of
such ordinance.
The Town Board of the Town of West Seneca may delegate, by a resolution,
to an officer or officers of said town designated by the said Town Board for
that purpose, any of the authority granted to the Town Board hereby in relation
to the issuance, amendment and cancellation of licenses, the conduct of investigations
and hearings, the supervision of the operation of the games and the collection
and transmission of fees.