Chapter 115 Games of Chance

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.

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.

§ 115-5 Compliance with other requirements.

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 purpose of the organization permitted to conduct the same.

(E)

No prize shall exceed the sum or value of $5,000 in any single game of bingo.

(F)

No series of prizes on any one bingo occasion shall aggregate more than $15,000.

(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)

No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this Article. No person under the age of 18 years shall be permitted to conduct, operate or assist in the conduct of any game of bingo conducted pursuant to any license issued pursuant to this Article. Nothing in this section shall prevent a person 16 years of age or older from performing ancillary non-gaming activities conducted in conjunction with any game of bingo conducted pursuant to any license issued under this Article.

§ 115-4 Penalties for Violations.

[Amended 11-6-2019 by L.L. No. 56-2019; 10-8-2024 by L.L. No. 41-2024]

Any violator of this Article or any section or provision thereof shall, upon conviction, be guilty of a Class A misdemeanor, and subject to a fine of not less than $250 and not more than $1,000 or imprisonment for a period not exceeding one year for each offense, or by both such fine or imprisonment. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this Article shall likewise be subject to a monetary penalty within the range of fines authorized herein. Any violator of this Article shall forfeit any license issued under this Article and be ineligible to apply for a license under this Article for one year thereafter the date of adjudication.

All games of bingo authorized by this Article shall be conducted in compliance with all present requirements of Article 14-H of the General Municipal Law, Article 19-B of the Executive Law and the rules and regulations of the Bingo Control Commission.

Article II Other Games of Chance

[Adopted 10-12-1976 by Ord. No. 76-CE-36 (Ch. 9A of the 1969 Code of the Town of Huntington)

§ 115-6 Purpose.

The Town of Huntington 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 the Town of Huntington. The conducting of games of chance in the past, while also being illegal, was subject to exploitation by professional gamblers as well as by the undesirable elements of organized crime. It is hoped that this Article of the Code of the Town of Huntington will allow 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.

§ 115-7 Definitions.

[Amended 11-15-1988 by Ord. No. 88-CE-10; 10-8-2024 by L.L. No. 41-2024]

As used in this Article, the following terms shall have the meanings indicated:

AUTHORIZED GAMES OF CHANCE HALL LESSOR

An authorized organization which has been granted a lessor's license pursuant to this Article to lease a hall in which games of chance are to be conducted.

AUTHORIZED ORGANIZATION

Includes 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 Article. Such organization 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 Article. No political party shall be deemed to be an "authorized organization."

AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT

Any person, firm, partnership or organization licensed by the Board to sell or lease games of chance equipment or paraphernalia which meets the specifications and regulations established by the Board. Nothing in this Article 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.

BOARD

The New York State Gaming Commission.

CLERK

The Town Clerk of the Town of Huntington.

GAMES OF CHANCE

Games of chance shall mean and include the games known as "merchandise wheels", "coin boards", "merchandise boards", "seal cards", "event games", "raffles", and "bell jars" and such other specific games as may be authorized by the Board, 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 "bookmaking", "policy or numbers games" and "lottery" as defined in section 225.00 of the penal law. No game of chance shall involve wagering of money by one player against another player.[1]

LAWFUL PURPOSE

Includes 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.

§ 115-8 License applications to conduct games of chance.

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.

(D)

Those which shall otherwise foster services to veterans or further the erection or maintenance of facilities for use by such veterans.

LICENSE PERIOD

The conducting of any type of game of chance on any one occasion which shall not exceed the period of fourteen consecutive hours. For the game of chance known as a bell jar and a raffle, "license period" shall mean a period of time running from January 1st to December 31st of each year.

PRIZE

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 $300, except as otherwise provided. 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.

TOWN

The Town of Huntington.

[1]

Editor's Note: For provisions pertaining to the conduct of bingo, see Art. I of this chapter.

[Amended 10-8-2024 by L.L. No. 41-2024]

Each applicant for a license to conduct games of chance 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:

The identification number issued to the applicant by the Board.

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.

The date on which the applicant organization was incorporated or came into being.

(4)

The names and resident addresses of its officers; the place or places where, the date or dates and the time or times when the applicant intends to conduct the games of chance.

(5)

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 Article to conduct games of chance or for the use of the premises or hall of an authorized games of chance hall lessor.

(6)

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.

(7)

The purpose to which the entire net proceeds of such games of chance are to be devoted and in what manner.

(8)

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 as otherwise provided by this Article.

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, in accordance with the terms of the license and any rules or regulations that may or may not be placed in effect by the Board.

§ 115-9 License applications for authorized games of chance hall lessor.

The fee for the filing of an application to obtain a license to conduct games of chance shall be $25.

Each applicant for a license to be an authorized games of chance hall lessor 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:

Name and address of the applicant.

Designation and address of the premises or hall intended to be covered by the license sought and the owner thereof.

A statement that the applicant lessor in all respects is qualified as an authorized organization as defined by this Article.

(4)

The proposed rent for one occasion.

License application fee. The fee for the filing of an application to obtain a license to be an authorized games of chance hall lessor shall be $50.

§ 115-10 Application investigation.

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 investigation shall include but shall not be limited to the following findings:

That the applicant is duly qualified and that all statements made on the application are accurate.

That the members named in the application are in fact bona fide members of the organization.

(a)

That they are of good moral character.

(b)

That they have not been convicted of a crime.

That it appears that the applicant is capable of conducting such games of chance in accordance with this Article and that the proceeds will be used solely in accordance with this Article.

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 findings:

That the applicant lessor is an authorized organization as defined in this Article:

That the issuance of such a license is in the public interest.

§ 115-11 License fees and effective period.

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.

License to conduct games of chance. The license fee shall be $25 for each license period.

License as authorized games of chance hall lessor. The license fee shall be $50 for each license period that a duly licensed authorized organization leases the premises or hall. The license issued pursuant to this subsection shall be for one occasion only.

No license issued pursuant to this Article shall be effective for a period of time exceeding one year.

§ 115-12 Transfer of funds to State Comptroller.

[Amended 10-8-2024 by L.L. No. 41-2024]

On or before the 30th day of each month, the Clerk shall transmit to the State Comptroller a sum equal to 50% of all authorized games of chance hall lessors' 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.

§ 115-13 Contents and display of license.

License to conduct games of chance. 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, a statement that the net prize winnings will not exceed the legal limit and any other items that may be required by the Board. Said license shall be conspicuously displayed at the place where the game is to be conducted at all times during the conduct thereof.

License to lease premises or hall. 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. Said license shall be conspicuously displayed at the place where the game is to be conducted at all times during the conduct thereof.

§ 115-14 Restrictions.

[Amended 11-15-1988 by Ord. No. 88-CE-10; 10-8-2024 by L.L. No. 41-2024]

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.

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.

§ 115-16 Examination of books and records.

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 and of any rental must be used for the lawful purposes of the authorized organization.

(E)

No single prize can exceed the amount or value of $300, except that for merchandise wheels, no single prize shall exceed the sum or value of $250, and for bell jar, no single prize shall exceed the sum or value of $1,000.

(F)

No wager can exceed the amount or value of $6.

(G)

No authorized organization shall award a series of prizes consisting of cash or of merchandise with an aggregate value in excess of $10,000 during the successive operations of any one merchandise wheel, and $6,000 during the successive operations of any bell jar, coin board, or merchandise board.

(H)

No person except a member of the authorized organization conducting the games or its recognized auxiliary organization 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)

Pursuant to General Municipal Law § 195, such authorized games of chance may be conducted on the day requested, including the first day of the week, commonly known and designated as Sunday, but only between the hours of noon and midnight on that day. No games of chance shall be conducted on Easter Sunday or Christmas Day. No game 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 and 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 permitted to play any game or games of chance conducted pursuant to any license issued under this Article. Persons under the age of 18 years may be permitted to attend games of chance at the discretion of the games of chance licensee. No person under the age of 18 years shall be permitted to operate any game of chance conducted pursuant to any license issued under this Article or to assist therein.

(M)

Not more than $5 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 beverages 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, in accordance with the Code of the Town of Huntington[1] with respect to size and placement, may be displayed on 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 hall lessor, one additional such sign may be displayed on the premises in which the games are to be conducted.

[1]

Editor's Note: See Ch. 198, Zoning, Art. XIV.

(Q)

No game of chance shall be conducted unless an officer of the Suffolk County Police Department shall be present on the premises during the entire operation of the games of chance. It shall be the obligation of the licensed authorized organization conducting the games of chance to notify the Suffolk County Police Department at least 72 hours before the games of chance commence, the date of which is provided for in the license issued pursuant to this Article.

§ 115-15 Financial statement.

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 to 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 to whom the expenses were paid or will be paid, 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.

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:

Any authorized organization which is presently or which has been licensed to conduct games of chance, as far as such books and records 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.

Any authorized games of chance hall lessors, so far as such books and records 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.

§ 115-17 Prohibitions.

It shall be a violation of this Article for any person, corporation, association or organization to:

Make any false statement on any application for any license authorized under this Article.

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 Article.

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.

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 disposition of the net proceeds.

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 Article.

Violate any of the rules, restrictions or guidelines that are established and set forth in this Article.

§ 115-18 Penalties for Violations.

[Amended 11-6-2019 by L.L. No. 56-2019]

Any person, association, corporation or organization or any member, officer, agent or employee of any such entity who violates any of the provisions of this Article shall upon conviction be guilty of a misdemeanor and subject to a fine of not less than $250 and not more than $1,000 or a period of incarceration not to exceed one year or both. Any person or entity found by the Bureau of Administrative Adjudication to have violated this Article shall likewise be subject to a monetary penalty within the range of fines authorized herein.