[Added 8-19-1991; amended 10-7-1991]
As used in this article, the following terms
shall have the meanings indicated:
Includes any bona fide religious or charitable organization
or bona fide educational, fraternal 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 hereinafter, 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 this article
for a period of three years immediately prior to applying for a license
under this article. No organization shall be deemed an "authorized
organization" which is formed primarily for the purpose of conducting
games of chance and which does not devote at least 75% of its activities
to other than conducting games of chance. No political party shall
be deemed an "authorized organization."
Includes those games in which a participant shall draw a
card, from a jar or other suitable container, which contains numbers,
colors or symbols that are covered and which, when uncovered, may
reveal that a prize shall be awarded on the basis of a designated
winning number, color or symbol or combination of numbers, colors
or symbols.
New York State Racing and Wagering Board.
The City of Albany, New York
The City Clerk of the City of Albany.
Includes only the games known as "merchandise wheels" 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,"
"slot machines," "bookmaking," "policy or numbers games" and "lottery"
as defined in § 225.00 of the Penal Law. No "game of chance"
shall involve wagering of money by one player against another.
One or more of the following causes, deeds or activities:
Those which shall benefit needy or deserving
persons indefinite in number by enhancing their opportunity for religious
or educational advancement, by relieving them from disease, suffering
or distress, by contributing to their physical well-being, by assisting
them in establishing themselves in life as worthy and useful citizens
or by increasing their comprehension of and devotion to the principles
upon which this nation was founded and enhancing their loyalty to
their governments.
Those which shall initiate, perform or foster
worthy public works or shall enable or further the erection or maintenance
of public structures.
Those which shall otherwise lessen the burdens
borne by government or which are voluntarily undertaken by an authorized
organization to augment or supplement services which government would
normally render to the people, including, in the case of volunteer
firemen's activities, the purchase, erection or maintenance of a building
for a firehouse, activities open to the public for the enhancement
of membership and the purchase of equipment which can reasonably be
expected to increase the efficiency of response to fires, accidents,
public calamities and other emergencies.
Authorized organizations may, upon obtaining
a license from the Clerk, conduct games of chance within the City
of Albany as provided in 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 said state law and with the rules
and regulations of the New York State Racing and Wagering Board and
this article. Games of chance may be conducted on any day of the week,
including the first day of the week commonly known as "Sunday."
The Chief of Police or his designee shall exercise
control over and supervision of all games of chance conducted under
an appropriately issued license and shall have all those powers and
duties set forth in Article 9-A of the General Municipal Law.
A.
To conduct games of chance. Each applicant for a license
shall, after obtaining an identification number from the Board, file
with the Clerk a written application in a form to be prescribed by
the Board, duly executed and verified, in which shall be stated:
(1)
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to
enable such Clerk or department, as the case may be, to determine
whether or not it is a bona fide authorized organization.
(2)
The names and addresses of its officers and the place
or places where and the date or dates and the time or times when the
applicant intends to conduct games under the license applied for.
(3)
The amount of rent to be paid or other consideration
to be given directly or indirectly for each license period for use
of the premises of an authorized games of chance lessor.
(4)
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 of which, they are to be paid.
(5)
The purposes to which the entire net proceeds of such
games are to be devoted and in what manner; that no commission, salary,
compensation, reward or recompense will be paid to any person for
conducting such game or games or for assisting therein except as in
this article otherwise provided; and such other information as shall
be prescribed by such rules and regulations.
(6)
In each application there shall be designated not
fewer than four bona fide members of the applicant organization under
whom the game or games of chance will be managed and to the application
shall be appended a statement executed by the members so designated
that they will be responsible for the management of such games in
accordance with the terms of the license, the rules and regulations
of the Board, this article and the applicable local laws or ordinances.
B.
Authorized games of chance lessor. Each applicant for a license to lease premises to a licensed organization for the purposes of conducting games of chance therein shall file with the Clerk a written application therefor in a form to be prescribed by the Board duly executed and verified, which shall set forth the name and address of the applicant, the designation and address of the premises intended to be covered by the license sought, a statement that the applicant in all respects conforms to the specifications contained in the definition of "authorized organization" set forth in § 111-32, a statement of the lawful purposes to which the net proceeds from any rental are to be devoted by the applicant and such other information as shall be prescribed by the Board.
C.
The fee for processing such application shall be $65.
[Amended 5-19-2008 by Ord. No. 25.42.08]
[Amended 5-19-2008 by Ord. No. 25.42.08]
No person, firm, partnership, corporation or
organization shall sell or distribute supplies or equipment specifically
designed or adapted for use in conduct of games of chance without
having first obtained a license therefor upon written application
made, verified and filed with the Board in the form prescribed by
the rules and regulations of the Board. In each such application for
a license under this section shall be stated the name and address
of the applicant; the names and addresses of its officers, directors,
shareholders or partners; the amount of gross receipts realized on
the sale and rental of games of chance supplies and equipment to duly
licensed authorized organizations during the last preceding calendar
or fiscal year; and such other information as shall be prescribed
by such rules and regulations. The fee for such license shall be a
sum equal to $35 plus an amount equal to 2% of the gross sales and
rentals, if any, of games of chance equipment and supplies to authorized
organizations or authorized games of chance lessors by the applicant
during the preceding calendar year or fiscal year if the applicant
maintains his accounts on a fiscal-year basis. No license granted
pursuant to the provisions of this section shall be effective for
a period of more than one year.
A.
The following shall be ineligible for such a license:
(1)
A person convicted of a crime who has not received
a pardon, a certificate of good conduct or a certificate of relief
from disabilities.
(2)
A person who is or has been a professional gambler
or gambling promoter or who for other reasons is not of good moral
character.
(3)
A public officer or employee.
(4)
An authorized games of chance lessor.
B.
The Board shall have power to examine or cause to
be examined the books and records of any applicant for a license under
this section. Any information so received shall not be disclosed,
except so far as may be necessary for the purpose or carrying out
the provisions of this article.
C.
Any solicitation of an organization licensed to conduct
games of chance to purchase or induce the purchase of games of chance
supplies and equipment, other than by a person licensed or otherwise
authorized pursuant to this section, shall constitute a violation
of this section.
D.
Any person who willfully shall make any material false
statement in any application for a license authorized to be issued
under this section or who willfully shall violate any of the provisions
of this section or of any license issued hereunder shall be guilty
of a misdemeanor and, in addition to the penalties in such case made
and provided, shall forfeit any license issued to him or it under
this section and be ineligible to apply for a license under this section
for one year thereafter.
E.
At the end of such period specified in the license,
a recapitulation shall be made as between the licensee and the Board
in respect to the gross sales and rentals actually recorded during
that period therefor, and any deficiency of fee thereby shown to be
due shall be paid by the licensee and any excess of fee thereby shown
to have been paid shall be credited to said licensee in such manner
as the Board by the rules and regulations shall prescribe.
The conduct of games of chance authorized by
local law or ordinance shall be subject to the following restrictions
irrespective of whether the restrictions are contained in such local
law or ordinance, but nothing herein shall be construed to prevent
the inclusion within such local law or ordinance of other provisions
imposing additional restrictions upon the conduct of such games:
A.
No person, firm, partnership, corporation or organization, other than a licensee under the provisions of § 111-35 of this article, shall conduct such game or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, direct or indirect.
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 designated 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 shall
be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same and the net proceeds of any rental derived
therefrom shall be exclusively devoted to the lawful purposes of the
authorized games of chance lessor.
E.
No single prize shall exceed the sum or value of $300,
except that, for merchandise wheels and bell jars, no single prize
shall exceed the sum or value of $250. No single wager shall exceed
$6.
F.
No authorized organization shall award a series of
prizes consisting of cash or of merchandise with the aggregate value
in excess of $1,000 during the successive operations of any one merchandise
wheel or bell jar.
G.
In addition to merchandise wheels and bell jars, no
more than five other single types of games of chance shall be conducted
during any one license period.
H.
Except for merchandise wheels, no series of prizes
on any one occasion shall aggregate more than $400 when the licensed
authorized organization conducts five single types of games of chance
during any one license period. Except for merchandise wheels and bell
jars, no series of prizes on any one occasion shall aggregate more
than $500 when the licensed authorized organization conducts fewer
than five single types of games of chance, exclusive of merchandise
wheels and bell jars, during any one license period.
I.
Except for the limitations on the sum or value for
single prizes and series of prizes, no limit shall be imposed on the
sum or value of prizes awarded to any one participant during any occasion
or any license period.
J.
No person except a bona fide member of the licensed
authorized organization shall participate in the management of such
games; no person except a bona fide member of the licensed authorized
organization, its auxiliary or affiliated organization shall participate
in the operation of such games.
K.
No person shall receive any remuneration for participating
in the management or operation of any such game.
L.
No authorized organization shall extend credit to
a person to participate in playing a game of chance.
M.
No game of chance shall be conducted on other than
the premises of an authorized organization or an authorized games
of chance lessor.
N.
The unauthorized conduct of a game of chance shall
constitute and be punishable as a misdemeanor.
A.
The Clerk shall have and exercise rigid control and
close supervision over all games of chance conducted under such license,
to the end that the same are fairly conducted in accordance with the
provisions of such license, the provisions of the rules and regulations
promulgated by the Board and the provisions of this article. The Clerk
and the Board shall have the power and the authority to temporarily
suspend any license issued by the Clerk pending a hearing and, after
notice and hearing, the Clerk may suspend or revoke the same, declare
the violator ineligible to apply for a license for a period not exceeding
12 months thereafter, and additionally impose a fine in an amount
not exceeding $1,000 for violation of any such provisions, which shall
not be paid from funds derived from the conduct of games of chance,
and shall have the right of entry, by their respective officers and
agents, at all times into any premises where any game of chance is
being conducted or where it is intended that any such game shall be
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. Upon suspension or revocation of any license or upon declaration
of ineligibility to apply for a license, the Board may suspend or
revoke the identification number issued pursuant to this article.
The Chief of Police or his designee shall make an on-site inspection
during the conduct of all games of chance licensed pursuant to this
article.
B.
Service of alcoholic beverages. Subject to the applicable
provisions of the Alcoholic Beverage Control Law, beer may be offered
for sale during the conduct of games of chance on games of chance
premises as such premises are defined in the General Municipal Law;
provided, however, that nothing herein shall be construed to limit
the offering for sale of any other alcoholic beverage in areas other
than the games of chance premises or the sale of any other alcoholic
beverage in premises where only the game of chance known as the "bell
jar" is conducted.
No game or games of chance shall be conducted
under any license issued under this article more often than 12 times
in any calendar year. No particular premises shall be used for the
conduct of games of chance on more than 24 license periods during
any one calendar year. Games shall be conducted only between the hours
of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and
Thursday and only between the hours of 12:00 noon on Friday and 2:00
a.m. Saturday; 10:00 a.m. Saturday and 2:00 a.m. Sunday; and 12:00
noon on Sunday and 12:00 a.m. on Monday. The 2:00 a.m. closing period
shall also apply to a legal holiday. No games of chance shall be conducted
on Easter Sunday or Christmas Day. The above restrictions shall not
apply when only the game of chance known as the "bell jar" is conducted.
Any person, firm, partnership, corporation or
organization who or which shall make any material false statement
in any application for any license authorized to be issued under this
article; pay or receive, for the use of any premises for conducting
games of chance, a rental in excess of the amount specified as the
permissible rent in the license provided for in the General Municipal
Law or this article; fail to keep such books and records as shall
fully and truly record all transactions connected with the conducting
of games of chance or the leasing of premises to be used for the conduct
of games of chance; falsify or make any false entry in any books or
records so far as they relate in any manner to the conduct of games
of chance, to the disposition of the proceeds thereof and to the application
of the rents received by any authorized organization; or divert or
pay any portion of the net proceeds of any game of chance to any person,
firm, partnership, corporation, except in furtherance of one or more
of the lawful purposes defined in this article shall be guilty of
a misdemeanor and shall forfeit any license issued under this article
and be ineligible to apply for a license under this article for at
least one year thereafter.
Any person, association, corporation or organization
holding, operating or conducting a game or games of chance is guilty
of a misdemeanor except when operating, holding or conducting:
A.
In accordance with a valid license issued pursuant
to this article; or
B.
On behalf of a bona fide organization of persons 60
years of age or over, commonly referred to as "senior citizens," solely
for the purpose of amusement and recreation of its members where:
(1)
The organization has applied for and received an identification
number from the Board.
(2)
No player or other person furnishes anything of value
for the opportunity to participate.
(3)
The prizes awarded or to be awarded are nominal.
(4)
No person other than a bona fide active member of
the organization participates in the conduct of the games.
(5)
No person is paid for conducting or assisting in the
conduct of the game or games.
A.
Within seven days after the conclusion of any license
period, the authorized organization which conducted the same, its
members who were in charge thereof and, when applicable, the authorized
games of chance lessor which rented its premises therefor shall each
furnish to the Clerk a statement subscribed by the member in charge
and affirmed as true, under the penalties of perjury, showing the
amount of the gross receipts derived therefrom and each item of expense
incurred, or paid, and each item of expenditure made or to be made
other than prizes, the name and address of each person to whom each
such item of expense has been paid, or is to be paid, with a detailed
description of the merchandise purchased or the services rendered
therefor, the net proceeds derived from the conduct of games of chance
during such license period and the use to which such proceeds have
been or are to be applied. 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 statement.
B.
Upon the filing of such statement of receipts, the
authorized organization furnishing the same shall pay to the Clerk
as and for an additional license fee a sum based upon the reported
net proceeds, if any, for the license period covered by such statement
and determined in accordance with such schedule as shall be established
from time to time by the Board to defray the actual cost to municipalities
or counties of administering the provisions of this article, but such
additional license fee shall not exceed 5% of the net proceeds for
such license period.
