[HISTORY: Adopted by the Town Board of the Town of Coeymans 8-25-1958
(approved at referendum 11-4-1958). Amendments noted where
applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 100.
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
Includes only bona fide religious, charitable or nonprofit organizations
of veterans, volunteer firemen and similar nonprofit organizations.
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.
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.[1]
[1]
Editor's Note: See the Bingo Control Law codified as Art. 19-B
of the Executive Law.
A.
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.
B.
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.
C.
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:
A.
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.
B.
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.
C.
No single prize shall exceed the sum or value of $250.
D.
No series of prizes on any one occasion shall aggregate
more than $1,000.
E.
No person except a bona fide member of such organization
shall participate in the management or operation of such game.
F.
No person shall receive any remuneration for participating
in the management or operation of any such games.
G.
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.
H.
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.
A.
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.
B.
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.
C.
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.
D.
No license shall be issued under this chapter which shall
be effective for a period of more than one year.
A.
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.
B.
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.
[Amended 2-27-1970]
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.
