[HISTORY: Adopted by the Town Board of the Town of Coeymans 8-25-1958 (approved at referendum 11-4-1958). Amendments noted where applicable.]
Games of chance — See Ch. 100.
As used in this chapter, unless the context requires otherwise, the following terms shall have the following meanings:
- AUTHORIZED ORGANIZATION
- Includes only bona fide religious, charitable or nonprofit organizations of veterans, volunteer firemen and similar nonprofit organizations.
- BINGO OR GAME
- 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
- The State Lottery Control Commission.
- A license issued pursuant to the provisions of this chapter.
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 Town of Coeymans subject to the provisions of this chapter, the provisions of Article 14-H (§§ 475 through 499) of the General Municipal Law, as amended, and the provisions of the State Lottery Control Law.
Editor's Note: See the Bingo Control Law codified as Art. 19-B of the Executive Law.
Each applicant shall file with the Town Clerk of the Town of Coeymans written application in the form prescribed in the rules and regulations of the Control Commission duly executed and verified.
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, as amended, and the rules and regulations of the Control Commission, if such license is granted.
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 more of its stock issued and outstanding are of good moral character and have not been convicted of a crime.
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:
No person, firm, association, corporation or organization other than an authorized organization licensed under the provision of this chapter shall be permitted to conduct such games.
The entire net proceeds of any game or games shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
No single prize shall exceed the sum or value of $250.
No series of prizes on any one occasion shall aggregate more than $1,000.
No person except a bona fide member of such organization shall participate in the management or operation of such game.
No person shall receive any remuneration for participating in the management or operation of any such games.
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.
No bingo game 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.
The Town Clerk shall cause to be investigated the qualifications of each applicant and the merits of each application, and the Supervisor is hereby designated and empowered as the proper town official to conduct such investigation. The Supervisor shall submit with due expedience a detailed report of the results of his investigation, including the due qualification of the applicant to be licensed, the relationship of the members under whom such games are to be conducted with the applicant, 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 $250 in any single game or an aggregate of all prizes in a series of games on a given occasion will exceed the sum or value of $1,000, and such other questions or inquiries as the Town Clerk may direct.
If the Town Clerk shall determine that the requisite conditions have been met by the applicant, he 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 of $10 for each occasion upon which any games of chance are to be conducted under such license, which fees are to be paid to the Town Clerk of the Town of Coeymans.
On or before the 13th day of each month the Town Clerk shall transmit to the State Comptroller a sum equal to 50% of all license fees collected by the town pursuant to this section during the preceding calendar month.
No license shall be issued under this chapter which shall be effective for a period of more than one year.
No application for a license hereunder shall be denied by the Town Clerk 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 Town Clerk 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 regulation promulgated by the Control Commission.
The Town Clerk, with the aid and cooperation of the State Police, 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, as amended, or the rules and regulations of the Control Commission. The Town Clerk or any officer designated by him 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 any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same.
The game of bingo may be conducted under any license issued under this chapter on the first day of the week, commonly known and designated as "Sunday."
No person under the age of 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 an adult.
No game or games of chance shall be held, operated or conducted under any license issued under this chapter oftener than on six days in any one calendar month, or in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game or games.