[HISTORY: Adopted by the Board of Trustees of the Village of Naples 1-27-1988 by L.L. No. 3-1988. Amendments noted where applicable.]
The purpose of this chapter is to provide that the conduct of bingo games within the territorial limits of the Village of Naples shall be lawful and to further provide for the licensing of authorized organizations to conduct bingo games in accordance with this chapter and the laws of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
- A. A person, firm or corporation other than a licensee to conduct bingo under the provisions of this chapter, who or which shall own or be a net lessee of premises and offer the same for leasing by him or it to an authorized organization for any consideration whatsoever, direct or indirect, for the purpose of conducting bingo therein, provided that he or it, as the case may be, shall not be:
- (1) A person convicted of a crime who has not received a pardon or a certificate of good conduct.
- (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 who receives any consideration, direct or indirect, as owner or lessor of premises offered for the purpose of conducting bingo therein.
- B. Nothing contained in this definition shall be construed to bar any firm or corporation which is not organized for pecuniary profit and no part of the net earning of which inures to the benefit of any individual, member or shareholder from being an authorized commercial lessor solely because a public officer, or a person married or related in the first degree to a public officer, is a member of, active in or employed by such firm or corporation.
- AUTHORIZED ORGANIZATION
- Includes any bona fide religious or charitable organization
or bona fide educational, fraternal, civic or service organization
or bona fide organization of veterans or volunteer firefighters or
volunteer ambulance workers 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 this chapter,
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 chapter for a period
of one year immediately prior to applying for a license under this
chapter.[Amended 7-16-2008 by L.L. No. 4-2008]
- BINGO CONTROL LAW
- Article 19-B of the Executive Law.
- BINGO or GAME
- 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.
- CONTROL COMMISSION or COMMISSION
- The State Racing and Wagering Board.
- LAWFUL PURPOSES
- One or more of the following causes, deeds or activities:
- A. 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, or 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.
- B. Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.
- C. Those which shall initiate, perform or foster the provisions of services to veterans by encouraging the gathering of such veterans and shall enable or further the erection or maintenance of facilities for use by such veterans which shall be used primarily for charitable or patriotic purposes, or those purposes which shall be authorized by a bona fide organization of veterans; provided, however, that such proceeds are disbursed in accordance with the rules and regulations of the Racing and Wagering Board.[Added 7-16-2008 by L.L. No. 4-2008]
- D. 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.
- LIMITED PERIOD BINGO
- The conduct of bingo by a licensed authorized organization for a period of not more than seven of 12 consecutive days in any one year at a festival, bazaar, carnival or similar function conducted by such licensed authorized organization. No authorized organization licensed to conduct limited period bingo shall be otherwise eligible to conduct bingo pursuant to this chapter in the same year.
- NET LEASE
- A written agreement between a lessor and lessee under the terms of which the lessee is entitled to the possession, use or occupancy of the whole or part of any commercial premises for which the lessee pays rent to the lessor and likewise undertakes to pay substantially all of the regularly recurring expenses incident to the operation and maintenance of such leased premises.
- A. In relation to the gross receipts from one or more occasions of bingo, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for bingo supplies and equipment, prizes, stated rental if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the commission, janitorial services and utility supplies, if any, license fees, and the cost of bus transportation, if authorized by the control commission.
- B. In relation to the gross rent received by an organization licensed to conduct bingo for the use of its premises by another licensee, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for janitorial services and utility supplies directly attributable thereto, if any.
- The Village of Naples, New York.
It is hereby declared lawful for any authorized organization upon obtaining a license therefor as hereinafter provided to conduct the game of bingo within the territorial limits of the Village, subject to the provisions of this chapter, the provisions of Article 14-H of the General Municipal Law and the provisions of the Bingo Control Law.
To conduct bingo.
Each applicant for a license shall, after obtaining an identification number from the control commission, file with the Clerk of the Village a written application therefor in the form prescribed in the rules and regulations of the control commission, duly executed and verified, in which shall be stated:
The name and address of the applicant together with sufficient facts relating to its incorporation and organization to enable the Board of Trustees of the Village of Naples to determine whether or not it is a bona fide authorized organization.
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 bingo under the license applied for.
In case the applicant intends to lease premises for this purpose from other than an authorized organization, the name and address of the licensed commercial lessor of such premises and the capacity or potential capacity for public assembly purposes of space in any premises presently owned or occupied by the applicant.
The amount of rent to be paid or other consideration to be given directly or indirectly for each occasion for use of the premises of another authorized organization licensed under this chapter to conduct bingo or for use of the premises of a licensed commercial lessor.
All other items of expense intended to be incurred or paid in connection with the holding, operating and conducting of such games of bingo and the names and addresses of the person to whom, and the purposes for which, they are to be paid.
The specific 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 bingo game or games or for assisting therein except as in this chapter otherwise provided; and such other information as shall be prescribed by such rules and regulations.
In each application there shall be designated an active member or members of the applicant organization under whom the game or games of bingo will be conducted and to the application shall be appended a statement executed by the member or members so designated that he or they will be responsible for the conduct of such bingo games in accordance with the terms of the license and the rules and regulations of the commission and of this chapter.
Each applicant for a license to lease premises to a licensed organization for the purposes of conducting bingo therein shall file with the Clerk of the Village a written application therefor in a form prescribed in the rules and regulations of the control commission duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; lawful capacity for public assembly purposes; cost of premises and assessed valuation for real estate tax purposes, or annual net lease rent, whichever is applicable; gross rentals received and itemized expenses for the immediately preceding calendar or fiscal year, if any; gross rentals, if any, derived from bingo during the last preceding calendar or fiscal year; computation by which proposed rental schedule was determined; number of occasions on which applicant anticipates receiving rent for bingo during the issuing year or shorter period if applicable; proposed rent for each such occasion; estimated gross rental income from all other sources during the ensuring year; estimated expenses itemized for ensuing year and amount of each item allocated to bingo rentals; a statement that the applicant in all respects conforms to the specifications contained in the definition of "authorized commercial lessor" set forth in § 47-2 of this chapter and such other information as shall be prescribed by such rules and regulations.
At the end of the license period, a recapitulation, in a manner prescribed in the rules and regulations of the commission, shall be made as between the licensee and the Board of Trustees of the Village in respect of the gross rental actually received during the license period and the fee paid 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 commission by rules and regulations shall prescribe.
The Board of Trustees of the Village shall make an investigation of the qualifications of each applicant and the merits of each applicant with due expedition after the filing of the application.
The issuance of bingo licenses, the fees charged therefor, the control and supervision of bingo games conducted within the Village, the penalties for violation of this chapter and all other matters relating to the conduct of bingo games within the Village shall be governed by Article 14-H of the General Municipal Law, the Bingo Control Law and the rules and regulations of the State of New York Racing and Wagering Board, Bureau of Bingo Regulation, and all amendments thereto, and the provisions of Article 14-H of the General Municipal Law, the Bingo Control Law and the rules and regulations of the State of New York Racing and Wagering Board, Bureau of Bingo Regulation, are incorporated by reference as if more fully stated herein.
This chapter shall not take effect unless and until it shall have been approved by a majority of the Village electors voting at a special Village election who are then qualified to vote for officers of the Village and upon its filing with the Secretary of State and with the New York State Racing and Wagering Board.
Editor's Note: Local Law No. 3-1988 was approved by the electors of the Village 6-21-1988.