[HISTORY: Adopted by the City Council of the City of Ogdensburg 12-15-1975 as Ch. 112 of the 1975 Ogdensburg
Municipal Code. Amendments noted where applicable.]
[Amended 4-13-2015 by L.L. No. 2-2015]
As used in this chapter, unless the context requires otherwise,
the following terms shall have the following meanings:
Any bona fide religious or charitable organization or bona
fide educational, fraternal, civic or service organization or bona
fide organization of veterans or volunteer firemen, which by its charter,
certificate of incorporation, constitution or act of the legislature
shall have as its dominant purpose or purposes one or more of the
lawful purposes as defined in the Bingo Licensing Law,[1] 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 the Bingo Licensing
Law, Article 14-H of the General Municipal Law, for a period of one
year immediately prior to applying for a license under the Licensing
Law.
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.
New York State Gaming Commission.
A license issued pursuant to the provisions of this chapter.
[1]
Editor's Note: See Art. 14-H of the General Municipal
Law.
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 City of Ogdensburg, subject to the provisions
of this chapter, the provisions of Article 14-H (§§ 475
through 499) of the General Municipal Law and the provisions of the
State Bingo Control Law.[1]
[1]
Editor's Note: See § 430 et seq. of the Executive
Law.
[Amended 4-13-2015 by L.L. No. 2-2015]
A.
Each
applicant shall file with the City Clerk of the City of Ogdensburg
a written application in the form prescribed in the rules and regulations
of the New York State Gaming 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, the Bingo Licensing
Law and the rules and regulations of the New York State Gaming 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 10% or more of its stock issued and outstanding, are of good
moral character and have not been convicted of a crime.
[Amended 4-13-2015 by L.L. No. 2-2015]
Any game or games licensed hereunder shall be subject to the
following restrictions in addition to such other restrictions as may
be provided herein contained in the rules and regulations of the New
York State Gaming Commission:
A.
No
person, firm, association, corporation or organization other than
a licensee under the provisions of Article 14-H of the General Municipal
Law shall conduct such game or shall lease or otherwise make available
for conducting bingo, a hall or other premises for any consideration
whatsoever, direct or indirect.
B.
No
bingo games shall be held, operated or conducted on or within any
leased premises if rental under such lease is to be paid, wholly or
in part, on the basis of a percentage of the receipts or net profits
derived from the operation of such game.
C.
No
authorized organization licensed under the provisions of Article 14-H
of the General Municipal Law shall purchase or receive any supplies
or equipment specifically designed or adapted for use in the conduct
of bingo games from other than a supplier licensed under the Bingo
Control Law[1] or from another authorized organization.
[1]
Editor's Note: See § 430 et seq. of the Executive
Law.
D.
The
entire net proceeds of any game of bingo and of any rental shall be
exclusively devoted to the lawful purposes of the organization permitted
to conduct the same.
E.
The
aggregate of the tiered prizes awarded in any single game shall not
exceed $1,000 and the aggregate of tiered bingo games shall not cause
the series of prizes to exceed $3,000 in prizes during any occasion.
F.
No
person except a bona fide member of any such organization shall participate
in the management or operation of such game.
G.
No
person shall receive any remuneration for participating in the management
or operation of any game of bingo.
H.
The
unauthorized conduct of a bingo game and any willful violation of
any provisions of this chapter shall constitute and be punishable
as a misdemeanor.
I.
Limited
period bingo shall be conducted in accordance with the provisions
of Article 14-H of the General Municipal Law and the rules and regulations
of the New York State Gaming Commission.
[Amended 6-27-1983 by L.L. No. 6-1983]
A.
The
Police Department of the City of Ogdensburg shall cause to be investigated
the qualifications of each applicant and the merits of each application
with due expedition after the filing of the application.
B.
If
the Police Department shall determine that the requisite conditions
have been met by the applicant, there shall be issued to the applicant
for the holding, operation and conduct of the specific kinds of games
of chance applied for, a license upon payment of a license fee or
fees of $18.75 for each date upon which any games of chance are to
be conducted under such license, which fees are to be paid to the
City Clerk of the City of Ogdensburg.
C.
On
or before the 30th day of each month the City Clerk transmits such
funds to the City Comptroller's office who in turn transmits
to the State Comptroller a sum equal to 50% of all license fees collected
by the City of Ogdensburg 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.
[Amended 6-27-1983 by Ord. No. 6-1983]
A.
No
application for a license hereunder shall be denied by the Police
Department 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 City 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 fee, if any, as would have
been payable if it had been so included.
[Amended 4-13-2015 by L.L. No. 2-2015]
Each license shall be in such form as shall be prescribed in
the rules and regulations promulgated by the New York State Gaming
Commission.
[Amended 4-13-2015 by L.L. No. 2-2015]
The Police Department shall 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 or the rules and regulations of the New
York State Gaming Commission. The premises where any game of bingo
is conducted, or where it is intended that any game of bingo shall
be conducted or where it is intended that any equipment be used, shall,
at all reasonable times, be open to inspection by the commission and
the municipal governing body, and the officers, agents and employees
thereof.
Such games may be held on any day provided for in such license.
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 more often 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.
[Amended 4-13-2015 by L.L. No. 2-2015]
No person shall hold, operate or conduct any game or games of chance under any license issued under this chapter except an active member of the authorized organization to which the license is issued, and no person shall assist in the holding, operating or conducting of any game or games of chance under such license except such an active member or a member of an organization or association which is an auxiliary to the licensee or a member of an organization or association of which such licensee is an auxiliary or a member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association and except bookkeepers or accountants as hereinafter provided, and no such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee, and no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any game of chance held, operated or conducted pursuant to any license issued under this chapter, except such as are bona fide items of reasonable amount for goods, wares and merchandise furnished or services rendered which are reasonably necessary to be purchased or furnished for the holding, operating or conducting thereof under any circumstances whatsoever; no rental shall be paid for the use of any premises for holding, operating or conducting thereof under any circumstances whatever; no rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance thereon or for any other purpose in connection with the holding, operating or conducting thereof unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 79-3 of this chapter or which is in excess of the sum stated as the rental to be charged therefor in such statement; and no commission, salary, compensation, reward or recompense whatever shall be paid or given, directly or indirectly, to any person holding, operating or conducting, or assisting in the holding, operation or conduct of any game of chance so held, operated or conducted, except that reasonable compensation may be paid to bookkeepers or accountants for bookkeeping or accounting services rendered according to a schedule of compensation prescribed by the rules of the New York State Gaming Commission.
[Amended 4-13-2015 by L.L. No. 2-2015]
A.
Not more than $5 shall be charged by any licensee for admission to
any room or place in which any game or games of chance are to be held,
operated and conducted under any license issued under this chapter,
which admission fee, upon payment thereof, shall entitle the person
paying the same to a card entitling him to participate without additional
charge, in all regular games of chance to be played under such license
on such occasion, and no charge in excess of $1 shall be made for
a single opportunity to participate in all special games to be played
under such license on such occasion. An admission card may be offered
as part of a package that includes extra regular cards and special
cards provided such admission card is readily distinguishable from
all other bingo opportunities sold and provided identical admission
cards are also offered for sale separately by the licensee for a price
not to exceed $5. No person shall be permitted entry into any room
or place in which any bingo game is to be conducted without purchasing
at least an admission card, except a person licensed to manage or
assist in the conduct of bingo or licensed games of chance, a person
authorized to operate the food concession, security personnel or,
when present solely to effect repairs on the premises of a lessor,
the licensed lessor or an agent thereof. No person shall be permitted
to participate in any bingo game without purchasing at least an admission
card. No person shall be required to purchase any bingo opportunity
other than an admission card or cards to gain entry, and no person
shall be sold or shall be permitted to play more than one admission
card or package per bingo occasion.
B.
No prize greater in amount or value than $1,000 shall be offered
or given in any single game conducted under any such license and the
aggregate amount or value of all prizes offered or given in all games
played on a single occasion shall not exceed $3,000, and all winners
shall be determined and all prizes shall be awarded in any game played
on any occasion within the same calendar day as that upon which the
game was played. No alcoholic beverages shall be offered or given
as a prize in any such game.
[Amended 4-13-2015 by L.L. No. 2-2015]
A licensee may advertise the conduct of an occasion of bingo
to the general public by means of newspaper, radio, circular, handbill
and poster, and by one sign not exceeding 60 square feet in area,
which may be displayed on or adjacent to the premises owned or occupied
by a licensed authorized organization; and when an organization is
licensed to conduct bingo occasions on the premises of another licensed
organization or of a licensed commercial lessor, one additional such
sign may be displayed on or adjacent to the premises in which the
occasions are to be conducted. Additional signs may be displayed upon
any fire-fighting equipment belonging to any licensed authorized organization
which is a volunteer fire company, or upon any equipment of a first-aid
or rescue squad in and throughout the community served by such volunteer
fire company or such first-aid or rescue squad, as the case may be.
All advertisements shall be limited to the description of such event
as bingo, the name of the licensed authorized organization conducting
such occasions, the license number of the authorized organization
as assigned by the clerk, and the date, location and time of the bingo
occasion, and shall not include any misleading information or representations.
[Amended 4-13-2015 by L.L. No. 2-2015]
Within seven days after the conclusion of any occasion of bingo,
the authorized organization which conducted the same, and its members
who were in charge thereof, and when applicable the authorized organization
which rented its premises therefor, shall each furnish to the New
York State Gaming Commission and a copy to the Clerk of the City of
Ogdensburg a statement subscribed by the member in charge and affirmed
by him as true, under the penalties of perjury, showing the amount
of the gross receipts derived therefrom and each item of expense incurred,
or paid, and each item of expenditure made or to be made, the name
and address of each person to whom each such item has been paid, or
is to be paid, with a detailed description of the merchandise purchased
or the services rendered therefor, the net proceeds derived from such
game or rental, as the case may be, and the use to which such proceeds
have been or are to be applied and a list of prizes offered and given,
with the respective values thereof, and it shall be the duty of each
licensee to maintain and keep such books and records as may be necessary
to substantiate the particulars of each such statement.
[Amended 4-13-2015 by L.L. No. 2-2015]
The New York State Gaming Commission or the municipal governing
body or their representatives shall have power to examine or cause
to be examined the books and records of any authorized organization
to which any such license is issued so far as they may relate to any
transactions connected with the holding, operating and conducting
of any game of chance thereunder and to examine any manager, officer,
director, agent, member or employee thereof under oath, in relation
to the conduct of any such game of chance under any such license,
but any information so received shall not be disclosed except so far
as may be necessary for the purpose of carrying out the provisions
of this chapter.
[Amended 4-13-2015 by L.L. No. 2-2015]
Any applicant for or holder of any license issued or to be issued
under this chapter aggrieved by any action of the city, its officers
or agents, concerning an application which has been made or a license
which has been issued, may appeal to the New York State Gaming Commission
from the determination of the city, its officers or agents, by filing
with the City Council a written notice of appeal within 30 days after
the determination or action appealed from, and, upon the hearing of
such appeal, the evidence, if any, taken before the City Council,
and any additional evidence may be produced and shall be considered
in arriving at a determination of the matters in issue, and the action
of the New York State Gaming Commission upon said appeal shall be
binding upon the city and all parties to said appeal.
No person or corporation lawfully conducting or participating
in the conduct of possessing, selling or in any manner disposing of
any shares, tickets or rights to participate in or permitting the
conduct upon any premises owned by him or it of any game of chance
conducted or to be conducted under any license lawfully issued pursuant
to this chapter shall be liable to prosecution or conviction for violation
of any provision of Article 225 of the Penal Law or any other law
or ordinance to the extent that such conduct is specifically authorized
by this chapter, but this immunity shall not extend to any person
or corporation knowingly conducting or participating in the conduct
of any game of chance under any license obtained by any false pretense
or statement made in any application for such license or otherwise,
or possessing, selling or disposing of shares, tickets or rights to
participate in, or permitting the conduct upon any premises owned
by him or it of any game of chance conducted under any license known
to him or it to have been obtained by any such false pretense or statement.
[Amended 12-7-1992 by L.L. No. 3-1992]
Any person, association or corporation who or which shall make
any false statement in any application for any license authorized
to be issued under this chapter; pay or receive, for the use of any
premises for conducting bingo, a rental in excess of the amount specified
as the permissible rent in the license provided for in Subdivision
2 of § 480 of Article 14-H of the General Municipal Law;
fail to keep such books and records as shall fully and truly record
all transactions connected with the conducting of bingo or the leasing
of premises to be used for the conduct of bingo; falsify or make any
false entry in any books or records so far as they relate in any manner
to the conduct of bingo, to the disposition of the proceeds thereof
and to the application of the rents received by any authorized organization;
divert or pay any portion of the net proceeds of any game of bingo
to any person, association or corporation, except in furtherance of
one or more of the lawful purposes defined in this chapter; or violate
any of the provisions of this chapter or of any term of any license
issued under this chapter shall be punishable by a fine of not less
than $50, nor more than $250 or by a period of imprisonment of not
more than 14 days, or by both such fine and imprisonment, and shall
forfeit any license issued under this chapter and be ineligible to
apply for a license under this chapter for one year thereafter.
This chapter may be amended, from time to time, or repealed
by the City Council, 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 thereof affecting such amendment or repeal,
as the case may be; and the approval of a majority of the electors
shall not be a condition prerequisite to the taking effect of such
enactment.
