[HISTORY: Adopted by the Town Board of the Town of Chester 4-29-1999
by L.L. No. 2-1999. Amendments noted where applicable.]
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.
AUTHORIZED ORGANIZATION
BOARD
GAMES OF CHANCE
TOWN
Specific terms. As used in this article, the following
terms shall have the following meanings:
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.
The New York State Racing and Wagering Board.
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.
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]
[1]
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.
