[HISTORY: Adopted by the Town Board of the Town of Lysander 10-28-1971 (Ch. 47 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 93.
Games of chance — See Ch. 158.
Zoning — See Ch. 320.
This chapter shall be known as the "Bingo Licensing Ordinance of the Town of Lysander."
In accordance with the provisions of Article 14-H of the General Municipal Law of the State of New York, the following terms used in this chapter, unless the context requires otherwise, shall have the following meanings:
AUTHORIZED ORGANIZATION
Includes 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 among its dominant purposes one or more of the lawful purposes as defined in § 476, Subdivision 6, of the General Municipal Law, provided that each shall operate without profit to its members and provided that each such organization has engaged in serving one or more of such lawful purposes for a period of one year immediately prior to applying for a license under this chapter.
[Amended 3-2-1989 by L.L. No. 3-1989]
BINGO OR GAME
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.
CONTROL COMMISSION
The State Racing and Wagering Board.
[Amended 3-2-1989 by L.L. No. 3-1989]
LICENSE
A license issued pursuant to the provisions of this chapter.
It shall be lawful for any authorized organization, upon obtaining a license therefor as hereinafter provided, to conduct the game of bingo within the territorial limits of the Town of Lysander, subject to the provisions of this chapter, the provisions of Article 14-H of the General Municipal Law of the State of New York and the provisions of the Bingo Control Law.[1]
[1]
Editor's Note: See Article 19-B of the Executive Law, § 430 et seq.
A. 
Each applicant shall file with the Town Clerk of the Town of Lysander a 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 bingo are to be conducted, and there shall be appended to the application a statement executed by the member or members so designated that he, she or they will be responsible for the conduct of such bingo games in accordance with the terms of the license and the provisions of this chapter and the rules and regulations of the Control Commission and of Article 14-H of the General Municipal Law if such license is granted.
C. 
Each applicant for a license to lease premises to a licensed organization for the purpose of conducting bingo therein shall file with the Clerk of the Town of Lysander a written application therefor in a form prescribed in the rules and regulations of the Control Commission duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; lawful capacity for public assembly purposes; cost of premises and assessed valuation for real estate tax purposes or annual net lease rent, whichever is applicable; gross rentals received and itemized expenses for the immediately preceding calendar or fiscal year, if any; gross rentals, if any, derived from bingo during the last preceding calendar or fiscal year; computation by which proposed rental schedule was determined; number of occasions on which the applicant anticipates receiving rent for bingo during the ensuring year or shorter period if applicable; proposed rent for each such occasion; estimated gross rental income from all other sources during the ensuing year; estimated expenses itemized for the ensuing year and the amount of each item allocated to bingo rentals; a statement that the applicant in all respects conforms to the specifications contained in the definition of "authorized commercial lessor" set forth in § 476 of the General Municipal Law, the requirements of this chapter and such other information as shall be prescribed by such rules and regulations.
Any game or games of bingo licensed hereunder shall be subjected to the following restrictions in addition to such other restrictions as may be provided herein or contained in Article 14-H of the General Municipal Law and in the rules and regulations of the Control Commission.
A. 
No person, firm, association, corporation or organization other than a licensee under the provisions of this chapter 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 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 this chapter 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 Article 19-B of the Executive Law, § 430 et seq.
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. 
No prize shall exceed the sum or value of $250 in any single game of bingo.
F. 
No series of prizes on any one bingo occasion shall aggregate more than $1,000.
G. 
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
H. 
No person shall receive any remuneration for participating in the management or operation of any game of bingo.
I. 
The unauthorized conduct of a bingo game and any willful violation of any provision of this chapter duly adopted shall constitute and be punishable as a misdemeanor.
A. 
The Town Clerk of the Town of Lysander shall make or cause to be made an investigation of the qualifications of each applicant and the merits of each application, with due expedition after the filing of the application, and if he shall determine that the applicant is duly qualified to be licensed under this chapter to hold, operate and conduct games of chance under the provisions of this chapter and Article 14-H of the General Municipal Law of the State of New York; that the member or members of the applicant designated in the application to hold, operate or conduct the games of chance, for which the license was applied, are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime; that such games of chance are to be held, operated and conducted in accordance with the provisions of Article 14-H of the General Municipal Law and the provisions of this chapter governing the holding, operation and conduct thereof; and that the proceeds thereof are to be disposed of as provided by this chapter; and if the Town Clerk is satisfied that no commission, salary, compensation, reward or recompence whatever will be paid or given to any person holding, operating or conducting or assisting in the holding, operation and conduct of any such games of chance, except as in Article 14-H of the General Municipal Law and herein otherwise provided; and that no prize will be offered and given in excess of the sum or value of $250 in any single game of chance; and that the aggregate of all prizes offered and given in all of such games of chance held, operated and conducted on a single occasion under said license shall not exceed the sum or value of $1,000, he shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of chance applied for, accordingly, upon payment of a license fee or fees of $18.75 for each occasion upon which any games of chance are to be conducted under such license.
[Amended 3-2-1989 by L.L. No. 3-1989]
B. 
On or before the 13th day of each month, the Supervisor of the Town of Lysander shall transmit to the State Comptroller a sum equal to 50% of all commercial lessor license fees and the sum of $11.25 per occasion of all license fees for the conduct of bingo collected by such municipality, pursuant to the provisions of Article 14-H of the General Municipal Law and this chapter, during the preceding calendar month.
[Amended 3-2-1989 by L.L. No. 3-1989]
C. 
No license shall be issued under this chapter which shall be effective for a period of more than one year.
A. 
No application for the issuance of a license 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 made to the Town Clerk of the Town of Lysander 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.
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the Control Commission and shall contain a statement of the name and address of the licensee, of the names and addresses of the member or members of the licensee under whom the games will be conducted, of the place or places where and the date or dates and time or times when such games are to be conducted and of the specific purposes to which the entire net proceeds of such games are to be devoted; if any prize or prizes are to be offered and given in cash, a statement of the amounts of the prizes authorized so to be offered and given; and any other information which may be required by said rules and regulations to be contained therein, and each license issued for the conduct of any game shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof.
The Town Clerk shall have and exercise rigid control and close supervision over all games of bingo 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 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 game of bingo 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. Such games may be held on any day provided for in such license.
Such games may be held on any day provided for in such license except Sunday.
No person under the age of 18 years shall be permitted to play in any game or games of bingo conducted pursuant to any license issued under this chapter unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this chapter.
No game or games of bingo shall be 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, served or consumed during the progress of the game or games.
No person shall hold, operate or conduct any game or games of bingo 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 bingo 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 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 bingo shall be conducted with any equipment except such as shall be owned absolutely by the authorized organization so licensed 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 bingo held, operated or conducted pursuant to any license issued under this chapter, except those that are reasonable and are necessarily expended for bingo supplies and equipment, prizes, stated rental, if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the commission, janitorial services and utility supplies, if any, and license fees and the cost of bus transportation, if authorized by the Control Commission.
A. 
Not more than $1 shall be charged by any licensee for admission to any room or place in which any game or games of bingo are to be 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 bingo 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.
B. 
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 beverage shall be offered or given as a prize in any such game.
No game of chance to be conducted under any license issued under this chapter shall be advertised as to its location, the time when it is to be or has been played or the prizes awarded or to be awarded, by means of newspapers, radio, television or sound trucks or by means of billboards, posters or handbills or any other means addressed to the general public, except that one sign, not exceeding 60 square feet in area, 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 on premises of another licensed authorized organization or of a licensed commercial 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 firefighting equipment belonging to any licensee which is a volunteer fire company or upon any first aid or rescue squad equipment belonging to any licensee which is a first aid or rescue squad in and throughout the community or communities served by such volunteer fire company or such first aid or rescue squad, as the case may be.
[Amended 3-2-1989 by L.L. No. 3-1989]
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 Town 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, 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.
A. 
The Town Clerk, or any officer designated by him, and the Control Commission shall have the power to examine or cause to be examined the books and records of:
(1) 
Any licensed authorized organization so far as they may relate to bingo, including the maintenance, control and disposition of net proceeds derived from bingo or from the use of its premises for bingo, 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 or the use of its premises for bingo, as the case may be.
(2) 
Any licensed authorized commercial lessor so far as they may relate to leasing premises for bingo and to examine said lessor or any manager, officer, director, agent or employee thereof under oath in relation to such leasing.
B. 
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, Article 14-H of the General Municipal Law and Article 19-B of the Executive Law.
Any applicant for or holder of any license issued or to be issued under this chapter aggrieved by any action of the Town, its officers or agents concerning an application, which has been made or a license which has been issued may appeal to the Control Commission from the determination of the Town, its officers or agents by filing with the Town 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 the Town 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 Control Commission upon said appeal shall be binding upon the Town and all parties to said appeal.
[Amended 3-2-1989 by L.L. No. 3-1989]
No person or corporation lawfully conducting or participating in the conduct of or permitting the conduct upon any premises owned by him or it of any game of bingo 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 bingo under any license obtained by any false pretense or statement made in any application for such 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, 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 this chapter or in Subdivision 2 of § 480 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 herein, or violate any of the provisions of this chapter or of any term of any license issued under this chapter; shall be guilty of a misdemeanor and shall forfeit any license 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 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 local law or ordinance 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 local law or ordinance.
The provisions of this chapter shall remain inoperative in the Town of Lysander unless and until a proposition therefor submitted at a general or special election in such municipality shall be approved by a vote of the majority of the qualified electors to such municipality voting thereon. In the event that such proposition is approved as aforesaid, this chapter shall take effect 10 days after such approval.