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:
AUTHORIZED COMMERCIAL LESSOR
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.
(4)
A firm or corporation in which a person defined in Subsection
A(1),
(2) or
(3) above or a person married or related in the first degree to such a person has greater than a ten-percent proprietary, equitable or credit interest or in which such a person is active or employed.
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 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.
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.
NET PROCEEDS
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.
VILLAGE
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.
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.