[HISTORY: Adopted by the Board of Trustees of the Village of Rockville Centre as indicated in article histories. Amendments noted where applicable.]
Article I Gaming Devices; Gambling
Article II Coin-Operated Devices Near School
[Adopted 1-20-1975 by L.L. No. 2-1975]
The following definitions are applicable to this article:
- ADVANCE GAMBLING ACTIVITY
- A person "advances gambling activity" when, acting other than as a player, he engages in conduct which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. One "advances gambling activity" when, having substantial proprietary or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation.
- CONTEST OF CHANCE
- Any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that the skill of the contestants may also be a factor therein.
- A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.
- GAMBLING DEVICE
- Any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gambling between persons or gambling by a person involving the playing of a machine. Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.
- A person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting person to play, permitting the use of premises therefor and supplying cards or other equipment used therein. A person who engages in bookmaking, as defined in this section, is not a player.
- PROFIT FROM GAMBLING ACTIVITY
- A person "profits from gambling activity" when, other than as a player, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.
- SLOT MACHINE
- A gambling device which, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of some physical act by the player, in such manner that, depending upon elements of chance, it may eject something of value. A device so constructed, or readily adaptable or convertible to such use, is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability; nor is it any less a slot machine because, apart from its use or adaptability as such, it may also sell or deliver something of value on a basis other than chance. A machine which sells items of merchandise which are of equivalent value, is not a slot machine merely because such items differ from each other in composition, size, shape or color.
- SOMETHING OF VALUE
- Any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.
- Not specifically authorized by law.
A person is guilty of possession of a gambling device when, with knowledge of the character thereof, he manufactures, sells, transports, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of:
Possession of a gambling device is an offense under this article.
[Adopted 2-22-1971 by L.L. No. 1-1971 as Ch. 7, Art. II, of the 1971 Code]
As used in this article, the following terms shall have the meanings indicated:
- A. Any game involving an element of skill or chance which is caused to operate or may be operated as a result of the insertion of any piece of money or coin or the insertion of any object for which a fee, charge or other consideration is imposed directly or indirectly.
- B. Any machine or apparatus, whether manually, mechanically, electrically or otherwise operated, and whether or not affixed or attached to or installed in any premises or place, in or upon which machine or apparatus a game involving any element of chance, skill or knowledge may be played by one or more persons, singly or collectively, upon the payment of a fee, charge or other consideration directly or indirectly.
- C. Any machine or apparatus of the type, design, class or construction commonly known as cue ball, ski ball, game of knowledge or other similar games which are played upon payment of a fee, charge or other consideration directly or indirectly.
- PINBALL MACHINE
- Any electrically operated machine upon which any game or contest
of skill, chance or amusement may be played upon payment of a fee, charge
or other consideration directly or indirectly, including but not limited to
any shooting device in which no firearm ammunition is used and any game, machine,
apparatus, paraphernalia or device of the type, design, class or construction
commonly known as "pinball" or "bagatelle."[Added 8-11-1980 by L.L. No. 6-1980]
[Amended 8-11-1980 by L.L. No. 6-1980]
It shall be unlawful for any person, by himself or by an agent or employee, to possess or maintain a pinball machine or a coin-operated device, as hereinbefore defined, involving an element of chance, skill or knowledge, or to permit the maintenance or operation of any such pinball machine or coin-operated device in any premises or place within 500 feet from any school property in the Incorporated Village of Rockville Centre, Nassau County, New York.
A person or persons violating any of the provisions of this ordinance shall be liable to a fine of not exceeding $100, and any violation thereof shall constitute and is hereby declared to be disorderly conduct, and any person or persons violating this ordinance or any provision thereof shall be and is hereby declared a disorderly person.