This chapter is intended to provide for the
licensing by the Town of Brookhaven of games of chance conducted by
authorized organizations, in accordance with this section and with
Article 9-A of the General Municipal Law, for the purpose of raising
funds for the promotion of bona fide charitable, educational, scientific,
health, religious and patriotic causes. In the past, games of chance
were subject to exploitation by professional gamblers, promoters and
organized crime. Through the enactment of this chapter, it is hoped
that not only will this exploitation be stopped but also that bona
fide authorized organizations will continue and expand their community
services, thereby benefiting all residents of the Town of Brookhaven.
As used in this chapter, the following terms
shall have the meanings indicated:
AUTHORIZED GAMES OF CHANCE HALL LESSOR
An authorized organization which has been granted a lessor's
license, pursuant to this chapter, to lease a hall in which games
of chance are to be conducted.
AUTHORIZED ORGANIZATION
Includes any bona fide religious or charitable organization,
bona fide educational or service organization or bona fide organization
of veterans or volunteer firemen which shall have as a dominant purpose
one or more of the lawful purposes as defined in this chapter and
shall operate without profit to its members. Such organization shall
be in existence and operating for this lawful purpose for a period
of at least three years immediately prior to applying for a license
under this chapter. No political party shall be seen as an authorized
organization nor shall any organization formed primarily for the purpose
of conducting games of chance.
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
Any person, firm, partnership or organization licensed by
the Board to sell or lease games of chance equipment or paraphernalia
for which the specifications and regulations have been established
by the Board. Nothing in this chapter 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 by an authorized organization
shall be sold or leased to any other authorized organization without
the written authorization of the Board.
BOARD
The New York State Racing and Wagering Board.
CLERK
The Town Clerk of the Town of Brookhaven.
GAMES OF CHANCE
Includes specific games of chance 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 and policy or numbers games, as defined in § 225.00
of the New York State Penal Law. No game of chance shall involve wagering
of money by one player against another.
LAWFUL PURPOSE
Includes one or more of the following purposes or causes:
A.
Those which shall benefit needy and deserving
persons in allowing for their religious or educational advancement
or relieving them from disease or distress or by aiding their physical
well-being or by helping them to establish themselves as worthy and
useful citizens.
B.
Those which shall initiate, perform or foster
worthy public works or shall enable or further the erection or maintenance
of public structures.
C.
Those which shall otherwise lessen the burdens
borne by government or which are voluntarily undertaken by an authorized
organization to augment or supplement service which government would
normally render to the people.
LICENSE PERIOD
The conducting of any type of game of chance on any one occasion
which shall not exceed the period of 14 consecutive hours.
ONE OCCASION
The conducting of any type of game of chance during any one
license period. No series of prizes on any one occasion shall exceed
the aggregate amount authorized pursuant to the provisions of the
General Municipal Law § 189.
[Amended 1-18-2000 by L.L. No. 3-2000,
effective 1-24-2000]
PRIZE
A sum of money or item of merchandise or service which is
awarded to one who wins a game of chance or is surrendered by those
who do not win at the conclusion of a single operation of a game of
chance. No series of prizes on any one operation of such game of chance
shall exceed the amount as authorized pursuant to the provisions of
the General Municipal Law § 189. If a prize is awarded based
on odds, only that portion in excess of the winning wager made shall
be considered the prize. If merchandise or services are awarded as
the prize, the value shall be seen as the actual cost of the merchandise
or service.
[Amended 1-18-2000 by L.L. No. 3-2000,
effective 1-24-2000]
TOWN
The Town of Brookhaven.
On or before the 30th day of each month, the
Clerk shall transmit to the State Comptroller a sum equal to 50% of
all authorized games of chance hall lessors' license fees and the
sum of $15 per license period for the conduct of games of chance collected
by the Clerk during the preceding month.
The Clerk shall have the power to examine or
cause to be examined the books and records of:
A. Any authorized organization which is presently or
which has been licensed to conduct games of chance, as far as they
might relate to the conducting of these games of chance and the disposition
of the net proceeds derived therefrom. In addition, the Clerk may
examine or cause to be examined any manager, officer, member or agent
of the authorized organization, under oath, in relation to any matter
which may be related to the conduct of the games of chance and the
disposition of the net proceeds.
B. Any authorized games of chance hall lessors, so far
as they might relate to the leasing of a hall or premises for games
of chance, and, in addition, the Clerk may examine or cause to be
examined any manager, officer, member or agent of the lessor, under
oath, in relation to such leasing and the disposition of the net proceeds
derived therefrom.
It shall be a violation of this chapter for
any person, corporation, association or organization to:
A. Make any false statement in any application for any
license authorized under this chapter.
B. Pay or accept payment for the use of any hall or premises
for conducting games of chance of an amount greater than the amount
set forth in the license provided for by this chapter.
C. Fail to keep such books and records as shall fully
and truly record and reflect all transactions connected with the conducting
of games of chance or the leasing of the hall or premises for such
purpose.
D. Falsify or make any false entry in any books or records
relating to the manner of conduct of such games of chance and the
rents received and the manner of disposition of the net proceeds.
E. Divert or pay any portion of the net proceeds of any
game of chance to any person, association, corporation or organization
except in the furtherance of one or more of the lawful purposes as
set forth in this chapter.
F. Violate any of the rules, restrictions or guidelines
that are established and set forth in this chapter.