This chapter shall be known as the "Town of
Henrietta Games of Chance Licensing Law."
This chapter is subject and subordinate to all
the conditions and provisions contained in Article 9-A of the General
Municipal Law, and amendments thereto, and any and all rules and regulations
and opinions adopted or to be adopted by the New York State Racing
and Wagering Board.
The Town Board finds the raising of funds for
the promotion of bona fide charitable, educational, scientific, health,
religious, patriotic and other worthy causes, and where the beneficiaries
are undetermined, to be in the public interest and that the mandate
of § 9 of Article 1 of the State Constitution, as amended,
should be carried out by rigid regulations to prevent commercialized
gambling, prevent participation by criminal and other undesirable
elements and prevent the diversion of funds from the purposes herein
authorized.
It shall be lawful for any authorized organization,
as defined in § 186 of Article 9-A of the General Municipal
Law, upon obtaining the required license, to conduct games of chance
within the territorial limits of the Town of Henrietta, subject to
the provisions of this chapter, Article 9-A of the General Municipal
Law and any amendments thereto and the following restrictions.
The Town Clerk is hereby delegated the authority
granted to the Town Board by the New York State Games of Chance Licensing
Law, Article 9-A of the General Municipal Law, in relation to the
issuance, amendment and cancellation of licenses, the conduct of investigations
and hearings and the collection and transmission of fees.
The unauthorized conduct of a game of chance
and any willful violation of any provision of this chapter shall constitute
and be punishable as a misdemeanor.
The provisions of this chapter shall remain
inoperative in the Town of Henrietta unless and until a proposition
therefor submitted at a general election in the Town of Henrietta
shall be approved by a vote of the majority of the qualified electors
in such municipality voting thereon. Upon approval by said electors,
this chapter shall be effective on the first day of January next succeeding
said election.
This chapter may be amended from time to time
or repealed by the Town Board of the Town of Henrietta by a two-thirds
vote of such Town Board, and such amendment or repeal, as the case
may be, may be made effective and operative not earlier than 30 days
following the date of enactment of the ordinance effecting such amendment
or repeal, as the case may be, and the approval of a majority of the
electors of the Town of Henrietta shall not be a condition prerequisite
to the taking effect of such ordinance.