[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 5-26-1958, effective 6-4-1958. (This ordinance
adopted 5-26-1958 was included as Sec. 10 of Ch. 7 of the
Unified Code of Ordinances.) Sections 116-1, 116-2, 116-6 and 116-22 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
Includes only bona fide religious, charitable or nonprofit organizations
of veterans, volunteer firemen and similar nonprofit organizations.
Includes a specific game of chance, commonly known as "bingo" or
"lotto," in which prizes are awarded on the basis of designated numbers or
symbols on a card conforming to numbers or symbols selected at random.
The State Racing and Wagering Board.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
A license issued pursuant to the provisions of this chapter.
[Amended 4-22-1963, effective 5-27-1963; 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
It shall be lawful for any organization, upon obtaining a license therefor
as hereinafter provided, to conduct the game of bingo within the territorial
limits of the Village of Mamaroneck, subject to the provisions of this chapter,
the provisions of Article 14-H of the General Municipal Law and the provisions
of the State Bingo Control Law.
A.
Each applicant shall file with the Village Clerk of the
Village of Mamaroneck a written application, in the form prescribed in the
rules and regulations of the control commission, duly executed and verified.
B.
In each application, there shall be designated an active
member or members of the applicant organization under whom the game or games
of chance described in the application are to be held, operated and conducted,
and there shall be appended to the application a statement executed and verified
by the applicant and by the member or members so designated that he, she or
they will be responsible for the holding, operation and conduct of such games
of chance in accordance with the terms of the license and the provisions of
this chapter, Chapter 854 of the Laws of 1957[1] and the rules and regulations of the control commission, if such
license is granted.
[1]
Editor's Note: See § 475 et seq. of the General Municipal
Law.
C.
In the event that any premises upon which any such game
of chance is to be held, operated or conducted or which is to be used for
any other purpose in connection with the holding, operation or conduct thereof
is to be leased or rented from any person, persons or corporations, the application
shall be accompanied by a written statement, signed and verified under oath
by such person or persons or on behalf of such corporation, stating his or
its address, the amount of rent to be paid for such premises and stating that
such lessor, lessors or, if a corporation, all of its officers and each of
its stockholders who hold ten percent (10%) or more of its stock issued and
outstanding are of good moral character and have not been convicted of a crime.[2]
[Amended 4-22-1963, effective 5-27-1963]
Any game or games licensed hereunder shall be subject to the following
restrictions in addition to such other restrictions as may be provided herein
or contained in the rules and regulations of the control commission:
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 two hundred
fifty dollars ($250.) in any single game of bingo.
F.
No series of prizes on any one (1) bingo occasion shall
aggregate more than one thousand dollars ($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 provision of this chapter shall constitute and be punishable
as a misdemeanor.
The Board of Trustees of the Village of Mamaroneck shall cause to be
investigated the qualifications of each applicant and the merits of each application
with due expedition after the filing of the application. The Board shall determine,
among other things, the due qualifications of the applicant to be licensed,
the relationship of the members under whom such games are to be conducted
with the applicant, whether such persons are of good moral character or have
ever been convicted of a crime, whether the conduct of such games will comply
with all the provisions of law and rules and regulations applicable thereto,
whether the proceeds thereof will be disposed of as provided by Chapter 854
of the Laws of 1957,[1] whether a commission, salary, compensation, reward or recompense
of any nature will be paid to any person conducting or assisting in conducting
such games of chance, whether a prize will be offered or given in excess of
the sum or value of two hundred fifty dollars ($250.) in any single game or
an aggregate of all prizes given in a series of games on a given occasion
will exceed the sum or value of one thousand dollars ($1,000.) and such other
questions or inquiries as the Board may direct.
[1]
Editor's Note: See § 475 et seq. of the General Municipal
Law.
[Amended 1-26-1959, effective 2-5-1959; 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
If the Board shall determine that the requisite conditions have been met by the applicant, it shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of chance applied for upon payment of a license fee or fees as set forth in Chapter A347, Fees, for each occasion upon which any games of chance are to be conducted under such license, which fees are to be paid to the Village Clerk. A license fee or fees as set forth in Chapter A347, Fees, for each occasion upon which any games of chance are to be conducted under such license are to be paid in advance.
On or before the 30th day of each month, the Treasurer of the Village
of Mamaroneck shall transmit to the State Comptroller a sum equal to fifty
percent (50%) of all license fees collected by the village pursuant to this
chapter during the preceding calendar month.
No license shall be issued under this chapter which shall be effective
for a period of more than one (1) year.
No application for a license hereunder shall be denied by the Board
until after a hearing, held on due notice to the applicant, at which the applicant
shall be entitled to be heard upon the qualifications of the applicant and
the merits of the application.
Any license issued under this chapter may be amended upon application
to the Board, if the subject matter of the proposed amendment could lawfully
and properly have been included in the original license, and upon the payment
of such additional license fee, if any, as would have been payable if it had
been so included.
Each license shall be in such form as shall be prescribed in the rules
and regulations promulgated by the control commission.
The Board shall have and exercise control and supervision over all games
of chance held, operated or conducted under such license and shall have the
power and authority to suspend any such license and after notice and hearing,
to revoke the same for violation of any provision of such license, this chapter,
§§ 475 to 499 of the General Municipal Law or the rules and
regulations of the control commission. The Board or any officer designated
by it shall have the right of entry at all times into any premises where any
such game of chance is being held, operated or conducted or where it is intended
that any such game of chance shall be held, operated or 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.
No game of chance shall be conducted under any license issued under
this chapter on the first day of the week commonly known as "Sunday."
No person under the age of eighteen (18) years shall be permitted to
participate in any game or games of chance held, operated or conducted pursuant
to any license issued under this chapter, unless accompanied by a parent or
guardian.
No game or games of chance shall be held, operated or conducted under
any license issued under this chapter more often than six (6) days in any
one (1) calendar month or in any room or outdoor area where alcoholic beverages
are sold or served during the progress of the game or games.
A.
No person shall hold, operate or conduct any game or
games of chance under any license issued under this chapter except an active
member of the authorized organization to which the license is issued, and
no person shall assist in the holding, operating or conducting of any game
or games of chance under such license except such an active member or a member
of an organization or association which is auxiliary to the licensee or a
member of an organization or association of which such licensee is an auxiliary
or a member of an organization or association which is affiliated with the
licensee by being, with it, auxiliary to another organization or association
and except bookkeepers or accountants as hereinafter provided.
B.
No such game of chance shall be conducted with any equipment
except such as shall be owned absolutely or used without payment of any compensation
therefor by the licensee, and no item of expense shall be incurred or paid
in connection with the holding, operating or conducting of any game of chance
held, operated or conducted pursuant to any license issued under this chapter,
except such as are bona fide items of reasonable amount for goods, wares and
merchandise furnished or services rendered which are reasonably necessary
to be purchased or furnished for the holding, operating or conducting thereof
under any circumstances whatever.
C.
No rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance thereon or for any other purpose in connection with the holding, operating or conducting thereof, unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 116-3C of this chapter or which is in excess of the sum stated as the rental to be charged therefor in such statement.
D.
No commission, salary, compensation, reward or recompense
whatever shall be paid or given, directly or indirectly, to any person holding,
operating or conducting or assisting in the holding, operating or conducting
of any game of chance so held, operated or conducted, except that reasonable
compensation may be paid to bookkeepers or accountants for bookkeeping or
accounting services rendered according to a schedule of compensation prescribed
by the rules of the control commission.
Not more than one dollar ($1.) shall be charged by any licensee for
admission to any room or place in which any game or games of chance are to
be held, operated and conducted under any license issued under this chapter,
which admission fee, upon payment thereof, shall entitle the person paying
the same to a card entitling him to participate without additional charge
in all regular games of chance to be played under such license on such occasion,
and no charge in excess of one dollar ($1.) shall be made for a single opportunity
to participate in all special games to be played under such license on such
occasion. No price greater in amount or value than two hundred fifty dollars
($250.) shall be offered or given in any single game conducted under any such
license, and the aggregate amount or value of all prizes offered or given
in all games played on a single occasion shall not exceed one thousand dollars
($1,000.), and all winners shall be determined and all prizes shall be awarded
in any game played on any occasion within the same calendar day as that upon
which the game was played. No alcoholic beverage shall be offered or given
as a prize in any such game.
No game of chance to be conducted under any license issued under this
chapter shall be advertised as to its location, the time when it is to be
or has been played or the prizes awarded or to be awarded by means of newspapers,
radio, television or sound trucks or by means of billboards, posters or handbills
or any other means addressed to the general public, except that one (1) sign
not exceeding sixty (60) square feet in area may be displayed on or adjacent
to the premises where the game will be played, and an additional sign may
be displayed on or adjacent to the premises where the prize or prizes are
displayed, and additional signs may be displayed upon any fire-fighting equipment
belonging to any licensee which is a volunteer fire company or upon any first
aid or rescue squad equipment belonging to any licensee which is a first aid
or rescue squad in and throughout the community or communities served by such
volunteer fire company or such first aid or rescue squad, as the case may
be. Except as above set forth, signs shall be subject to other sign regulations
of the village.
Within fifteen (15) days after the conclusion of the holding, operating
and conducting of any such game of chance, the authorized organization which
operated or conducted the same and its members who were in charge thereof
shall furnish to the Village Clerk a duly verified statement showing the amount
of the gross receipts derived from each game of chance, which shall include
receipts from the sale of shares, tickets or rights in any manner connected
with participation in said game or the right to participate therein; each
item of expense incurred or paid and each item or expenditure made or to be
made; the name and address of each person to whom such item has been paid
or is to be paid, with a detailed description of the merchandise purchased
or the services rendered therefor; the net profit derived from each such game
of chance and the use to which such net profit has been or is to be applied;
and a list of prizes offered and given, with the respective values thereof;
and it shall be the duty of such licensee to maintain and keep such books
and records as may be necessary to substantiate the particulars of each such
report.
The Board and the control commission shall have power to examine or
cause to be examined the books and records of any authorized organization
to which any such license is issued so far as they may relate to any transactions
connected with the holding, operating and conducting of any game of chance
thereunder and to examine the manager, officer, director, agent, member or
employee thereof under oath in relation to the conduct of any such game of
chance under any such license, but any information so received shall not be
disclosed, except so far as may be necessary for the purpose of carrying out
the provisions of this chapter.
Any applicant for or holder of any license issued or to be issued under
this chapter aggrieved by any action of the village or its officers or agents
concerning an application which has been made or a license which has been
issued may appeal to the control commission from the determination of the
village or its officers or agents by filing with the Board a written notice
of appeal within thirty (30) days after the determination or action appealed
from, and, upon the hearing of such appeal, the evidence, if any, taken before
the Board and any additional evidence may be produced and shall be considered
in arriving at a determination of the matters in issue, and the action of
the control commission upon said appeal shall be binding upon the village
and all parties to said appeal.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
No person or corporation lawfully conducting or participating in the
conduct of, possessing, selling or in any manner disposing of any shares,
tickets or rights to participate in or permitting the conduct upon any premises
owned by him or it of any game of chance conducted or to be conducted under
any license lawfully issued pursuant to this chapter shall be liable to prosecution
or conviction for violation of any provision of Article 225 of the Penal Law
or any other law or ordinance to the extent that such conduct is specifically
authorized by this chapter, but this immunity shall not extend to any person
or corporation knowingly conducting or participating in the conduct of any
game of chance under any license obtained by any false pretense or statement
made in any application for such license or otherwise or possessing, selling
or disposing of shares, tickets or rights to participate in or permitting
the conduct upon any premises owned by him or it of any game of chance conducted
under any license known to him or it to have been obtained by any such false
pretense or statement.
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto or shall pay any rental for the use of any premises for holding, operating or conducting any game of chance under this chapter or for any other purpose in connection with the holding, operating or conducting thereof, unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 116-3 of this chapter, or shall pay or receive any sum for such rental in excess of the sum stated as the rental to be charged therefor in such statement executed by him or on its behalf or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of games of chance under any such license or shall falsify or make any false entry in any book or record so far as it relates to any transaction connected with the holding, operating or conducting of any game of chance under any such license or shall violate any of the provisions of this chapter or any term of such license shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one (1) year thereafter.
This chapter may be amended, from time to time, or repealed by the Village
Board, and such amendment or repeal, as the case may be, may be made effective
and operative not earlier than thirty (30) days following the date of enactment
of the local law or ordinance affecting such amendment or repeal, as the case
may be, and the approval of a majority of the electors shall not be a condition
prerequisite to the taking effect of such local law or ordinance.
The Village Board may delegate to an officer or officers thereof designated
by it for that purpose any of the authority granted to it hereby in relation
to the issuance, amendment and cancellation of licenses, the conduct of investigations
and hearings, the supervision of the operation of the games and the collection
and transmission of fees.
