[HISTORY: Adopted by the Town Board of the Town of Chester 4-29-1999 by L.L. No. 2-1999. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 36, Building Construction, which consisted of a reference statement concerning the resolution of 5-6-1958, which accepted the State Construction Code, was superseded 10-8-1991 by L.L. No. 6-1991. See now Ch. 50, Fire Prevention and Building Construction.
The purpose of this article is to permit the operation of the game of bingo by authorized organizations in the Town of Chester pursuant to Article I, § 9 of the Constitution of the State of New York, and as implemented by the State Bingo Control Law and the Bingo Licensing Law.[1]
[1]
Editor's Note: See Executive Law § 430 et seq. and General Municipal Law § 475 et seq.
It shall be lawful for any authorized organization, as defined in § 476 of Article 14-H of the General Municipal Law of the State of New York, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the Town of Chester, New York, subject to the provisions of this article, Article 14-H of the General Municipal Law, Article 19-B of the Executive Law and any amendments to said laws.
The conduct of bingo games authorized by this article shall be subject to the following restrictions:
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 $250 in any single game of bingo.
F. 
No series of prizes on any one bingo occasion shall aggregate more than $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 provisions of this article shall constitute and be punishable as a misdemeanor.
J. 
Limited-period bingo shall be conducted in accordance with the provisions of Article 14-H of the General Municipal Law and the rules and regulations of the State Bingo Control Commission.
Any person violating any provision of this article is guilty of a misdemeanor, punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed one year for each such offense, or by both such fine and imprisonment.
This article shall be known as the "Games of Chance Law of the Town of Chester, New York."
A. 
Specific terms. As used in this article, the following terms shall have the following meanings:
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, by its charter, certificate of incorporation, constitution or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in § 186 of the General Municipal Law, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in § 186 of the General Municipal Law for a period of three years immediately prior to applying for a license under this article and Article 9-A of the General Municipal Law.
BOARD
The New York State Racing and Wagering Board.
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," which are controlled under Article 14-H of the General Municipal Law, and also not including "slot machines," "bookmaking" and "policy" or "numbers game" as defined in § 225.00 of the Penal Law. No games of chance shall involve wagering of money by one player against another player.
TOWN
The Town of Chester in the County of Orange and the State of New York.
B. 
Other terms. All other terms used in this article shall have, for the purposes of this article, the meanings respectively ascribed to them by § 186 of the General Municipal Law.
Authorized organizations may apply for a license from the Town Clerk after first obtaining an identification number from the New York State Racing and Wagering Board, as required by § 190 of Article 9-A of the General Municipal Law. Upon receipt of a proper application, the Town Clerk shall process such application pursuant to the requirements of §§ 190 and 191 of said Article 9-A. After the granting of a license by the Town Clerk, the organization may conduct games of chance within the Town of Chester as provided in said Article 9-A of the General Municipal Law and as provided further in this article. Such games of chance shall be conducted in accordance with the general state law and with the rules and regulations of the New York State Racing and Wagering Board and of this article. The license fee shall be $25.
The conduct of games of chance authorized by this article shall be subject to the following restrictions:
A. 
No person, firm, association, corporation or organization other than a licensee under the provisions of this article shall conduct such games 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 § 190 of the General Municipal Law.
B. 
No game 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.
C. 
No authorized organization licensed under the provisions of this article 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 by the Board or from another authorized organization.
D. 
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.
E. 
No prize shall exceed the sum or value of $100 in any operation or conducting of a single game of chance as provided in § 186 of the General Municipal Law. No single wager shall exceed $2.
F. 
No series of prizes on any one occasion of games of chance shall aggregate more than the maximum amount, as permitted by § 186 of the General Municipal Law.
G. 
No person except a bona fide member of any such organization, its auxiliary or affiliated organization shall participate in the management or operation of such games as set forth in § 195-c of the General Municipal Law.
H. 
No person under the age of 18 years shall be permitted to play any game of chance or conduct or assist in the conducting of any game of chance conducted pursuant to this article.
I. 
No game of chance shall be conducted under any license issued more often than six times in any calendar year. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday through Saturday. Games of chance on Sunday may be conducted only between the hours of 1:00 p.m. and 12:00 midnight.
J. 
No games of chance shall be conducted on Good Friday, Easter Sunday, Christmas Day, New Year's Eve, Rosh Hashanah or Yom Kippur.
K. 
No person shall receive any remuneration for participating in the management or operation of any such game.
L. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
M. 
Not more than $2 shall be charged by any licensee for admission to any room or place in which any games of chance are to be conducted under any license issued under this article. Every winner shall be determined and every prize shall be awarded and delivered on the same calendar day as the game was played.
N. 
No alcoholic beverage, with the exception of beer, shall be sold or consumed at any games of chance.
O. 
No alcoholic beverages shall be offered or given as a prize in any games of chance.
This article shall be subject to a mandatory referendum pursuant to the provisions of Article 9-A of the General Municipal Law of the State of New York, which referendum shall be conducted at the time of the general election for the year 1999 or at an earlier special election if so decided by the Town Board, and thereafter this article shall become effective on the first day of January next succeeding said election.[1]
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Editor's Note: This chapter was approved by a majority of the qualified electors at a referendum held 11-2-1999.
This article shall be deemed to include all the provisions of Article 9-A of the General Municipal Law, except as otherwise provided in this article, and any amendment to the provisions in such Article 9-A, to the extent that such provisions and amending acts are otherwise applicable to games of chance authorized under this article.
The Town police officials shall exercise control over and supervision of all games of chance conducted under an appropriately issued license. Such department shall have all those powers and duties set forth in Article 9-A of the General Municipal Law.