[HISTORY: Adopted by the City Council of the City of Ogdensburg 1-9-1989 by L.L. No. 1-1989[1] (Ch. 113 of the 1975 Ogdensburg Municipal Code). Amendments
noted where applicable.]
[1]
Editor's Note: This local law was approved at a referendum
held 3-7-1989.
[Amended 4-27-2015 by L.L. No. 3-2015]
As used in this chapter, the following terms shall have the
meanings indicated:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of this chapter or a municipality.
Any bona fide religious or charitable organization or bona
fide educational, fraternal or service organization or bona fide organization
of veterans or volunteer firemen, that 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 three years immediately prior to applying
for a license under this chapter. No organization shall be deemed
an authorized organization that is formed primarily for the purpose
of conducting games of chance and that does not devote at least 75%
of its activities to other than conducting games of chance. No political
party nor civic organization shall be deemed an authorized organization.
Any person, firm, partnership, corporation or organization
licensed by the New York State Gaming Commission to sell or lease
games of chance equipment or paraphernalia that meets the specifications
and regulations established by the New York State Gaming Commission.
Nothing herein shall prevent an authorized organization from purchasing
common articles, such as cards and dice, from normal sources of supply
of such articles or from constructing equipment and paraphernalia
for games of chance for its own use. However, no such equipment or
paraphernalia, constructed or owned by an authorized organization
that has previously obtained an identification number, shall be sold
or leased to any licensed authorized organization without written
permission from the New York State Gaming Commission.
Includes coin boards, merchandise boards and seal cards and
includes those games in which a participant shall draw a card from
a jar or other suitable container or from a commission-approved vending
machine, that contains numbers, colors or symbols that are covered
and that, when uncovered, may reveal that a prize shall be awarded
on the basis of a designated winning number, color or symbol or combination
of numbers, colors or symbols. Coin board and merchandise board mean
a board used in conjunction with bell jar tickets bearing the same
serial number, that contains and displays various coins and/or merchandise
prizes that are awarded to players whose bell jar ticket number matches
the pre-designated number reflected on the board for a specific prize.
Seal card means a board or placard used in conjunction with a deal
of bell jar tickets bearing the same serial number, that contains
one or more concealed areas that, once uncovered reveal a pre-designated
winning number, letter or symbol.
The City Clerk of the City of Ogdensburg.
New York State Gaming Commission.
Only the games known as "merchandise wheels," "raffles,"
"bell jars," "coin boards," "merchandise boards," "seal cards" and
such other specific games as may be authorized by the New York State
Gaming Commission, in which prizes are awarded on the basis of a designated
winning number or numbers, color or colors, symbol or symbols determined
by chance, but not including games commonly known as "bingo" or "lotto"
and also not including "slot machines," "bookmaking," "policy or numbers
games" and "lottery," as defined in section 225.00 of the Penal Law.
Only games of chance designated by the New York State Gaming Commission
may be conducted. No game of chance shall involve wagering of money
by one player against another player.
Legal tender or a form of scrip or chip authorized by the
New York State Gaming Commission any of which may be used at the discretion
of the games of chance licensee.
A designated area within a building, hall, tent or grounds
reasonably identified for the conduct of games of chance. Nothing
herein shall require such area to be enclosed.
One or more of the following causes, deeds or activities:
Those that 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.
Those that initiate, perform or foster worthy public works or
enable or further the erection or maintenance of public structures.
Those that initiate, perform or foster the provision of services
to veterans by encouraging the gathering of such veterans and enable
or further the erection or maintenance of facilities for use by such
veterans that shall be used primarily for charitable or patriotic
purposes or those purposes that are authorized by a bona fide organization
of veterans, provided however that such proceeds are disbursed in
accordance with the rules and regulations of the New York State Gaming
Commission.
Those that otherwise lessen the burdens borne by government
or that are voluntarily undertaken by an authorized organization to
augment or supplement services that government would normally render
to the people.
A license issued pursuant to the provisions of this chapter,
Article 9-A of the General Municipal Law and the rules and regulations
of the New York State Gaming Commission. The restrictions set forth
in this definition shall not apply when only the game of bell jar
is conducted.
A period of time not to exceed 14 consecutive hours and for
the purpose of the game of chance known as a "bell jar," "license
period" shall mean a period of time running from January 1 to December
31 of each year.
The City of Ogdensburg.
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 premises from any authorized games of
chance lessor for which the lessee pays rent to the lessor.
In relation to the gross receipts from one or more license periods
of games of chance, the amount that shall remain after deducting the
reasonable sums necessarily and actually expended for supplies and
equipment, prizes, security personnel, stated rental if any, bookkeeping
or accounting services according to a schedule of compensation prescribed
by the New York State Gaming Commission, janitorial services and utility
supplies if any, license fees, and the cost of bus transportation,
if authorized by the clerk or department; and
In relation to the gross rent received by an authorized game
of chance lessor for the use of its premises by a game of chance 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.
The chief law enforcement officer of the City of Ogdensburg.
The successive operations of any one single type of game
of chance that results in the awarding of a series of prizes amounting
to $500 or $400 during any one license period, in accordance with
the provisions of subdivision 8 of section 189 of the General Municipal
Law, as the case may be. For purposes of the game of chance known
as "merchandise wheels," or "raffles," one occasion shall mean the
successive operations of any one such merchandise wheel or raffle
for which the limit on a series of prizes provided by subdivision
6 of section 189 of the General Municipal Law shall apply. For purposes
of the games of chance known as a bell jar, coin boards, merchandise
boards and seal cards, one occasion shall mean the successive operation
of any one such bell jar, coin board, merchandise board or seal card
deal that results in the awarding of a series of prizes not to exceed
$3,000. For the purposes of the game of chance known as "raffles",
one occasion shall mean a calendar year during which successive operations
of such game are conducted.
Those games in which a participant pays money in return for
a ticket or other receipt and in which a prize is awarded on the basis
of a winning number or numbers, color or colors, or symbol or symbols
designated on the ticket or receipt, determined by chance as a result
of a drawing from among those tickets or receipts previously sold.
The total amount of single prizes minus the total amount
of wagers lost during the successive operations of a single type of
game of chance, except that for merchandise wheels and raffles, series
of prizes means the sum of the fair market value of merchandise awarded
as single prizes during the successive operations of any single merchandise
wheel or raffle. In the game of raffle, a series of prizes may include
a percentage of the sum of cash received from the sale of raffle tickets.
The sum of money or actual value of merchandise awarded to
a participant by a games of chance licensee in any one operation of
a single type of game of chance in excess of his wager.
The game of chance known as "merchandise wheels" and each
other specific game of chance authorized by the New York State Gaming
Commission, regardless of the number of merchandise wheels and locations
at which such other single type of game of chance may be conducted.
[Amended 4-27-2015 by L.L. No. 3-2015]
Except as provided in the Games of Chance Licensing Law, no
games of chance shall be commenced under any license issued under
this chapter on Sunday, unless it shall be otherwise provided in the
license issued for the conducting thereof, pursuant to the provisions
of a local law or an ordinance duly adopted by the governing body
of the municipality wherein the license is issued, authorizing the
conduct of games of chance under this chapter on that day between
the hours of noon and midnight only, except if the following day is
a legal holiday. Notwithstanding the foregoing provisions of this
section, no games of chance shall be conducted on Easter Sunday or
Christmas Day.
[Amended 4-27-2015 by L.L. No. 3-2015]
Any games of chance operator or games of chance licensee shall
be subject to the following restrictions in addition to such other
restrictions as may be provided herein or contained in Article 9-A
of the General Municipal Law or contained in the rules and regulations
of the New York State Gaming Commission.
A.
No person, firm, partnership, corporation or organization, other
than a licensee under the provisions of § 191 of Article
9-A of the General Municipal Law, shall conduct such game or shall
lease or otherwise make available for conducting games of chance,
premises for any consideration whatsoever, direct or indirect.
B.
No game of chance 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.
C.
No authorized organization licensed under the provisions of Article
9-A of the General Municipal Law shall purchase or receive any supplies
or equipment specifically designed or adapted for use in the conduct
of games of chance from other than a supplier licensed by the New
York State Gaming Commission or from another authorized organization.
D.
The entire net proceeds of any game of chance shall be exclusively
devoted to the lawful purposes of the organization permitted to conduct
the same and the net proceeds of any rental derived therefrom shall
be exclusively devoted to the lawful purposes of the authorized games
of chance lessor.
E.
No single prize in any casino-type game of chance shall exceed the
sum or value of $300. In the game of chance known as merchandise wheels,
no single prize consisting of merchandise shall exceed a value, defined
in section 4622.13 of NYCRR Title 9, of $250. In the game of chance
known as bell jars, no single prize shall exceed the sum of $500.
In the game of chance known as raffle no single prize shall exceed
the sum of $100,000. Except for merchandise wheels, bell jars and
raffles, no series of prizes on any one occasion shall aggregate more
than $400 for each single type of game of chance when the licensed
authorized organization conducts five single types of games of chance
during any one license period. Except for merchandise wheels, bell
jars and raffles, no series of prizes on any one occasion shall aggregate
more than $500 for each single type of game of chance when the licensed
authorized organization conducts less than five single types of games
of chance during any one license period. Except for the limitations
on the sum or value for single prizes and series of prizes for each
type of game of chance, no limit shall be imposed on the total number,
sum or value of prizes awarded to any one participant during any occasion
or any license period. No single wager shall exceed the amount designated
for each type of game, as set forth in Part 4620 of NYCRR Title 9.
In the case of merchandise wheels, no series of prizes consisting
of merchandise shall exceed the actual value of $10,000 during the
successive operations of any one merchandise wheel. In the case of
bell jars, no series of prizes shall exceed the sum of $3,000 during
the successive operations of any one bell jar deal. In the case of
raffles, the series of prizes shall not exceed the sum of $500,000.
One or more signs limiting the wager to the amount designated for
each type of game, as set forth in Part 4620 of NYCRR Title 9, shall
be prominently displayed in each playing area. In the case of bell
jars, the applicable flare(s) shall be displayed in each playing area.
F.
In addition to merchandise wheels and bell jars no more than five
other single types of games of chance shall be conducted during any
one license period.
G.
Except for the limitations on the sum or value for single prizes
and series of prizes, no limit shall be imposed on the sum or value
or prizes awarded to any one participant during any occasion or any
license period.
H.
No person except a bona fide member of the licensed authorized organization
shall participate in the management of such games; no person except
a bona fide member of the licensed authorized organization, its auxiliary
or affiliated organization, shall participate in the operation of
such game, as set forth in § 195-c of Article 9-A of the
General Municipal Law. No person under the age of 18 years of age
shall be permitted to assist in the conduct of games of chance or
take part in the play of any games or games of chance. Nonmembers
may assist the licensee in any activity other than in arranging or
operating games of chance.
I.
No person shall receive any remuneration for participating in the
management or operation of any such game.
J.
No authorized organization shall extend credit to a person to participate
in playing a game of chance.
K.
No game of chance shall be conducted on other than the premises of
an authorized organization or an authorized game of chance lessor.
L.
The unauthorized conduct of a game of chance shall constitute and
be punishable as a misdemeanor.
M.
Beer may be offered for sale and consumed during the conduct of games
of chance in games of chance premises. Nothing herein shall be construed
to limit the offering for sale and consumption of any other alcoholic
beverage in areas other than the games of chance premises, or the
sale of any other alcoholic beverage in premises where only the game
of chance known as bell jar, coin board, merchandise board, seal card
and raffles are conducted. One or more signs setting forth the restrictions
of this section shall be prominently displayed in each playing area.
N.
Except as provided in Subsection Q below with respect to the conduct of games of chance on Sunday, no games of chance shall be conducted under any license issued hereunder on the first day of the week, commonly known and designated as "Sunday" and no games of chance shall be conducted on Easter Sunday or Christmas Day.
O.
Persons under the age of 18 years may be permitted to attend games
of chance license periods at the discretion of the games of chance
licensee, but shall not be allowed to participate in the operation
or play of any game or games of chance. One or more signs restricting
participation of persons under 18 years of age shall be prominently
displayed in each playing area. No person under the age of 18 years
shall be permitted to operate any game of chance conducted pursuant
to any license issued under this chapter or to assist in the conduct
of any game of chance.
P.
No more than five single types of games of chance approved by the
New York State Gaming Commission, excluding merchandise wheels, raffles,
bell jars, coin boards, merchandise boards and seal cards shall be
conducted during any one license period. No game of chance shall be
conducted during a license period unless such game has been listed
on the application for license to conduct games of chance (form GC-2)
and license to conduct games of chance (form GC-5), or on an application
to amend a license (form GC-6).
Q.
No authorized organization shall be licensed to conduct games of
chance more than 12 times in any calendar year. No particular premises
shall be used for the conduct of games of chance on more than 24 license
periods during any one calendar year. Games shall be conducted only
between the hours of noon and midnight on Monday, Tuesday, Wednesday
and Thursday, and only between the hours of noon on Friday and 2:00
a.m. Saturday, and only between the hours of noon on Saturday and
2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to
a license period beginning at noon on the day preceding and terminating
upon a legal holiday. The restrictions set forth in this section shall
not apply when the games of bell jar and raffles are conducted. License
periods for the games "bell jar," "coin board," "merchandise board,"
"seal card" and "raffle" shall commence on January 1 and extend through
December 31 of each year.
[Amended 4-27-2015 by L.L. No. 3-2015]
A.
A license to conduct games of chance. Each applicant for such a license
shall, after obtaining an identification number from the Board, file
with the Clerk a written application for a license to conduct games
of chance, which application shall be made in a form to be prescribed
by the Board, and in compliance with Article 9-A of the General Municipal
Law, and the regulations thereunder, duly executed and verified.
B.
Authorized games of chance lessor. Each applicant for a license to
lease premises to a licensed organization for the purpose of conducting
games of chance therein shall file with the Clerk a written application
therefor in a form to be prescribed by the Board, and in compliance
with Article 9-A of the General Municipal Law, duly executed and verified.
[Amended 4-27-2015 by L.L. No. 3-2015]
A.
The Clerk shall make an investigation of the qualifications of each
applicant and the merits of each application with due expedition after
filing of the application.
B.
If the Clerk shall determine that the applicant is duly qualified
to be licensed to conduct games of chance under this chapter, Article
9-A of the General Municipal Law and the rules and regulations of
the New York State Racing and Wagering Board, the Clerk shall issue
a license to the applicant for the conduct of games of chance upon
payment of the license fee of $25 for each license period.
C.
If the Clerk shall determine that the applicant seeking to lease
premises for the conduct of games of chance to a games of chance licensee
is duly qualified to be licensed under this chapter, Article 9-A of
the General Municipal Law and the rules and regulations of the New
York State Racing and Wagering Board, the Clerk shall issue a license
permitting the applicant to lease said premises for the conduct of
such games to the games of chance licensee or licensees specified
in the application during the period therein specified or such shorter
period as the Clerk shall determine upon payment of a license fee
of $50.
D.
On or before the 30th day of each month, the Treasurer of the municipality
shall transmit to the State Comptroller a sum equal to 50% of all
authorized games of chance lessor license fees and the sum of $15
per license period for the conduct of games of chance collected by
such Clerk during the preceding calendar month.
E.
No license shall be issued under this chapter which shall be effective
for a period of more than one year.
[Amended 4-27-2015 by L.L. No. 3-2015]
A.
No application for the issuance of a license to conduct games of
chance or lease premises to an authorized organization shall be denied
by the 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 Article 9-A of the General Municipal Law
may be amended, upon application made to such Clerk who issued it,
if the subject matter of the proposed amendment could lawfully and
properly have been included in the original license and upon payment
of such additional license fee if any, as would have been payable
if it had been so included.
[Amended 4-27-2015 by L.L. No. 3-2015]
Each license to conduct games of chance and each license to
lease premises for the conducting of games of chance will be in such
form as shall be prescribed in the rules and regulations of the Board
and shall state such information as is prescribed by § 193
of the General Municipal Law of the State of New York as that section
may be amended.
[Amended 4-27-2015 by L.L. No. 3-2015]
The officer shall have and exercise rigid control and close
supervision over all games of chance conducted under any license,
to the end that the same are fairly conducted in accordance with the
provisions of such license, the provisions of the rules and regulations
promulgated by the Board and the provisions of Article 9-A of the
General Municipal Law and such officer and the Board shall have the
power and the authority to temporarily suspend a license issued by
the Clerk pending a hearing, and after notice and hearing, the Clerk
or Board may suspend or revoke any license and additionally impose
a fine in an amount not exceeding $1,000, for violation of any such
provisions and shall have the right of entry, by their respective
officers and agents, at all times into any premises where any game
of chance is being conducted or where it is intended that any such
game shall be conducted or where any equipment being used or intended
to be used in the conduct thereof is found for the purpose of inspecting
the same. An agent of the appropriate officer shall make an on-site
inspection during the conduct of all games of chance licensed pursuant
to this chapter.
[Amended 4-27-2015 by L.L. No. 3-2015]
No person shall operate any game of chance under any license
issued under this chapter except a bona fide member of the authorized
organization to which the license is issued or a bona fide member
of an organization or association which is an auxiliary to the licensee
or a bona fide member of an organization or association of which such
licensee is an auxiliary or a bona fide member of an organization
or association which is affiliated with the licensee by being, with
it, auxiliary to another organization or association. Nothing herein
shall be construed to limit the number of games of chance licensees
for whom such persons may operate games of chance nor to prevent nonmembers
from assisting the licensee in any activity other than managing or
operating games. No game of chance shall be conducted with any equipment
except such as shall be owned or leased by the authorized organization
so licensed or used without payment of any compensation therefor by
the licensee. The head or heads of the authorized organization shall,
upon request, certify under oath that the persons operating any game
of chance are bona fide members of such authorized organization, auxiliary
or affiliated organization. Upon request by an officer or the Clerk,
any such person involved in such games of chance shall certify that
he or she has no criminal record. No items of expense shall be incurred
or paid in connection with the conducting of any game of chance pursuant
to any license issued under this chapter except those that are reasonable
and are necessarily expended for games of chance supplies and equipment,
prizes, security personnel, stated rental, if any, bookkeeping or
accounting services according to a schedule of compensation prescribed
by the Board, janitorial services and utility supplies, if any, and
license fees, and the cost of bus transportation, if authorized by
such Clerk.
[Amended 4-27-2015 by L.L. No. 3-2015]
A fee may be charged by any licensee for admission to any game
or games of chance conducted under any license issued under this chapter.
The Clerk may in his discretion fix a minimum fee. Every winner shall
be determined and every prize shall be awarded and delivered 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 game of chance.
A licensee may advertise the conduct of games of chance to the
general public by the means of 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 games
of chance on premises of any authorized games of chance lessor, one
additional such sign may be displayed on or adjacent to the premises
in which the games 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 "Games of Chance" or "Las Vegas Night," the name
of the authorized organization conducting such games, the license
number of the authorized organization as assigned by the Clerk and
the date, location and time of the event.
[Amended 4-27-2015 by L.L. No. 3-2015]
A.
Within seven days after the conclusion of any license period, the
authorized organization which conducted the same and its members who
were in charge thereof and when applicable the authorized games of
chance lessor which rented its premises therefor, shall each furnish
to the Clerk 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 other than
prizes, the name and address of each person to whom each such item
of expense 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 the conduct of games of chance during such
license period, and the use to which such proceeds have been or are
to be applied, 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.
B.
Upon the filing of such statement of receipts, the authorized organization
furnishing the same shall pay to the Clerk as and for an additional
license fee a sum based upon the reported net proceeds, if any, for
the license period covered by such statement and determined in accordance
with such schedule as shall be established from time to time by the
Board in the amount of 5% for games of chance, 2% for bell jar games
of the net proceeds for such license period.
[Amended 4-27-2015 by L.L. No. 3-2015]
The Clerk and the Board shall have power to examine or cause
to be examined the books and records of:
A.
Any authorized organization which is or has been licensed to conduct
games of chance, so far as they may relate to games of chance, including
the maintenance, control and disposition of net proceeds derived from
games of chance or from the use of its premises for games of chance,
and to examine any manager, officer, director, agent, member or employee
thereof under oath in relation to the conduct of any such game under
any such license, the use of its premises for games of chance or the
disposition of net proceeds derived from games of chance, as the case
may be.
B.
Any authorized games of chance lessor so far as they may relate to
leasing premises for games of chance and to examine said lessor or
any manager, officer, director, agent or employee thereof under oath
in relation to such leasing. 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 4-27-2015 by L.L. No. 3-2015]
Any applicant for or holder of any license issued or to be issued
under this chapter aggrieved by any action of an officer or Clerk,
to which such application has been made or by which such license has
been issued, may appeal to the Board from the determination of said
officer or Clerk by filing with such officer or Clerk 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 such officer or Clerk 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 Board upon said appeal shall be binding
upon such officer or Clerk and all parties to said appeal.
No person, firm, partnership, corporation or organization lawfully
conducting or participating in the conduct of games of chance or permitting
the conduct upon any premises owned or leased by him or it under any
license lawfully issued pursuant to Article 9-A of the General Municipal
Law and 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 Article 9-A of the General Municipal Law and this chapter,
but this immunity shall not extend to any person or corporation knowingly
conducting or participating in the conduct of games of chance under
any license obtained by any false pretense or by any false statement
made in any application for license or otherwise, or permitting the
conduct upon any premises owned or leased 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.
Any person, firm, partnership, corporation or organization who
or which shall:
A.
Make any material false statement in any application for any license
authorized to be issued under this chapter.
B.
Pay or receive, for the use of any premises for conducting games
of chance, a rental in excess of the amount specified as the permissible
rent in the license provided for in Article 9-A of the General Municipal
Law.
C.
Fail to keep such books and records as shall fully and truly record
all transactions connected with the conducting of games of chance
or the leasing of premises to be used for the conduct of games of
chance.
D.
Falsify or make any false entry in any books or records so far as
they relate in any manner to the conduct of games of chance, to the
disposition of the proceeds thereof and to the application of the
rents received by any authorized organization.
E.
Divert or pay any portion of the net proceeds of any game of chance
to any person, firm, partnership, corporation, except in furtherance
of one or more of the lawful purposes defined in Article 9-A of the
General Municipal Law, shall be guilty of a misdemeanor and shall
forfeit any license issued under this chapter and be ineligible to
apply for a license under this chapter for at least one year thereafter.
Any person, association, corporation or organization holding,
operating or conducting a game or games of chance is guilty of a misdemeanor,
except when operating, holding or conducting:
A.
In accordance with a valid license issued pursuant to this chapter;
or
B.
On behalf of a bona fide organization of persons 60 years of age
or over, commonly referred to as "senior citizens," solely for the
purpose of amusements and recreation of its members where:
(1)
The organization has applied for and received an identification number
from the Board.
(2)
No player or other person furnishes anything of value for the opportunity
to participate.
(3)
The prizes awarded or to be awarded are nominal.
(4)
No person other than a bona fide active member of the organization
participates in the conduct of the games.
(5)
No person is paid for conducting or assisting in the conduct of the
game or games.
This chapter may be amended, from time to time, or repealed
by the City Council or other local legislative body of the municipality
which enacted it by a 2/3 vote of such legislative body 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 local
law or ordinance effecting such amendment or repeal, as the case may
be; and the approval of a majority of the electors of such municipality
shall not be a condition prerequisite to the taking effect of such
local law or ordinance.
In the event that there is any conflict between this chapter
and the provisions of Article 9-A of the General Municipal Law or
the New York Code of Rules and Regulations, then the most restrictive
provision shall govern. Further, should this chapter be silent on
any matter governed by said laws or regulations, then the operation
of games of chance in the City of Ogdensburg shall be deemed governed
by said Article 9-A of the General Municipal Law and the regulations
thereunder.
This chapter shall take effect immediately upon filing with
the office immediately upon filing with the office of the Secretary
of State, following its approval by a majority of the qualified voters
of the City of Ogdensburg voting on a proposition therefor at a general
election held pursuant to the provisions of § 24 of the
Home Rule Law.
