[HISTORY: Adopted by the Town Board of the Town of West Seneca 9-13-1982.
Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 52.
The purpose of this chapter is to authorize, pursuant to the authority
of the New York State Constitution, Article I, Section 9, and the General
Municipal Law, Article 9-A, the conducting by an authorized organization,
upon obtaining a license therefor, of games of chance within the territorial
limits of the Town of West Seneca, subject to the provisions of this chapter,
the provisions of the General Municipal Law, Article 9-A, and the provisions
set forth by the New York State Racing and Wagering Board.
It shall be lawful for any authorized organization, upon obtaining a
license therefor as provided by Article 9-A of the General Municipal Law,
to conduct games of chance within the territorial limits of the Town of West
Seneca, subject to the provisions of this chapter, the provisions of Article
9-A of the General Municipal Law and the provisions of the New York State
Racing and Wagering Board.
No person, firm, association, corporation or organization, other than
a licensee under the provisions of Article 9-A of the General Municipal Law,
shall conduct games of chance 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 the General Municipal
Law, § 190.
No games 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.
No authorized organization licensed under the provisions of Article
9-A of the General Municipal Law 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 under the New York State Racing
and Wagering Board or another authorized organization.
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.
A.
No prize shall exceed the sum or value of one hundred
dollars ($100.) in any operation, except a merchandise wheel, which shall
not exceed the value of two hundred fifty dollars ($250.). No single wager
shall exceed two dollars ($2.).
B.
No series of prizes on any one (1) occasion of games
of chance shall aggregate more than one thousand dollars ($1,000.).
A.
No person except a bona fide member of any such organization
shall participate in the management or operation of such game.
B.
No person shall receive any remuneration for participating
in the management or operation of any game of chance.
C.
Games of chance shall be conducted in a designated area
within a building, hall, tent or grounds which are reasonably identified so
as to control and exclude minors from the operation of games of chance.
A.
The Town Clerk is hereby delegated the authority granted
to the Town Board by the New York State Games of Chance Licensing Law, Article
9-A of the General Municipal Law, in relation to the issuance, amendment and
cancellation of licenses, the conduct of investigations and hearings, and
the collection and transmission of fees.
B.
The Chief of Police of the Town of West Seneca shall
exercise control over and supervision of all games of chance conducted under
a duly authorized license. The Chief of Police shall have all those powers
and duties set forth in and for the enforcement of Article 9-A of the General
Municipal Law.
A.
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
B.
This chapter shall not become operative and effective
unless and until it shall have been approved by a majority of the electors
voting on a proposition submitted at a general election held within the Town
of West Seneca who are qualified to vote for the officers of such municipality.[1]
[1]
Editor's Note: This chapter was passed at the general election held
11-2-1982.
