[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
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:
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.
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.
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.
The New York State Racing and Wagering Board.
The Town Clerk of the Town of Brookhaven.
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.
Includes one or more of the following purposes or causes:
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.
Those which shall initiate, perform or foster
worthy public works or shall enable or further the erection or maintenance
of public structures.
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.
The conducting of any type of game of chance on any one occasion
which shall not exceed the period of 14 consecutive hours.
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]
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]
The Town of Brookhaven.
A.
To conduct games of chance:
(1)
Each applicant shall file with the Clerk a written
application on a form to be supplied by the Clerk, duly executed and
verified, which shall contain the following information:
(a)
The identification number issued to the applicant
by the State Racing and Wagering Board.
(b)
The name and address of the applicant, together with
sufficient facts relating to the organization to enable the Clerk
to determine whether or not the applicant is a bona fide authorized
organization.
(c)
The date on which the applicant organization was incorporated
or came into being.
(d)
The names and resident addresses of its officers and
the place or places where and the date or dates and the time or times
when the applicant intends to conduct the games of chance.
(e)
The amount of rent to be paid or other consideration
to be given, directly or indirectly, for each occasion for the use
of the premises or hall of another authorized organization licensed
under the provisions of this chapter to conduct games of chance or
for the use of the premises or hall of an authorized games of chance
hall lessor.
(f)
All other items of expense intended to be incurred
or paid in connection with the holding, operating and conducting of
such games of chance and the names and addresses of the persons to
whom and the purposes for which they are to be paid.
(g)
The purpose to which the entire net proceeds of such
games of chance are to be devoted and in what manner.
(h)
An affidavit stating that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting games
of chance or for assisting therein except as otherwise provided by
this chapter.
(2)
Each application shall designate not less than four
active and bona fide members of the applicant organization under whom
the games are to be conducted and shall have attached to it a statement
duly executed and verified by the members so designated that they
will be responsible for the manner in which the games are conducted
in accordance with the terms of the license and any rules or regulations
that may or may not be placed in effect by the Board.
B.
To be an authorized games of chance hall lessor:
(1)
Each applicant shall file with the Clerk a written
application, on a form to be supplied by the Clerk, duly executed
and verified, which shall contain the following information:
(a)
The name and address of the applicant.
(b)
The designation and address of the premises or hall
intended to be covered by the license sought and owner thereof.
(c)
A statement that the applicant in all respects is
qualified as an authorized organization, as defined by this chapter.
(d)
The proposed rent for one occasion.
C.
License application fee. The fee for the filing of an application
to obtain a license to conduct games of chance or to be an authorized
games of chance hall lessor shall be as established by Town Board
resolution.
[Amended 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
A.
For a license to conduct games of chance, the Clerk
shall make an investigation of the qualifications of each applicant
and the merits of each application. Such investigation shall include
but shall not be limited to the following:
(1)
That the applicant is duly qualified and that all
statements made on the application are accurate.
(2)
That the members named in the application are, in
fact, bona fide members of the organization, that they are of good
moral character and that they have not been convicted of a crime.
(3)
That it appears that the applicant is capable of conducting
such games of chance in accordance with this chapter and that the
proceeds will be used solely in accordance with this chapter.
B.
For a license for an authorized games of chance hall
lessor, the Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application. Such investigation
shall include but shall not be limited to the following:
(1)
That the applicant is an organization authorized to
conduct games of chance.
(2)
That the issuance of such a license is in the public
interest.
(3)
That the organization that is to use the premises
or hall is a duly licensed authorized organization.
(4)
That the funds received from the leasing shall be
used for the lawful purpose of the organization.
(5)
That it appears that the applicant is capable of conducting
such games of chance in accordance with this chapter and that the
proceeds will be used solely in accordance with this chapter.
A.
License to conduct games of chance. The license fee
shall be the amount as stated and authorized pursuant to the provisions
of the General Municipal Law § 191.
[Amended 1-18-2000 by L.L. No. 3-2000,
effective 1-24-2000]
B.
License as authorized games of chance hall lessor.
The license fee shall be the amount as stated and authorized pursuant
to the provisions of the General Municipal Law § 191 for
each license period that a duly licensed authorized organization leases
the premises or hall. The license issued pursuant to this section
shall be for one occasion only.
[Amended 1-18-2000 by L.L. No. 3-2000,
effective 1-24-2000]
C.
No license issued pursuant to this chapter shall be
effective for a period of time exceeding one year.
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.
A.
License to conduct games of chance.
(1)
Each license shall contain the name of the licensee,
the address of the licensee, the names and addresses of the members
under whom the games are to be conducted, the place and time when
the games are to be conducted, the purpose the funds raised will be
used for, that the net prize winnings will not exceed the legal limit
and such other items as may be required by the Board.
(2)
Said license shall be conspicuously displayed at the
place where the game is to be conducted at all times during the conduct
thereof.
B.
License to lease premises or hall.
(1)
The license shall contain the name and address of
the authorized organization games of chance hall lessor, the address
of the premises or hall to be leased, the permissible rent and any
and all rules and regulations as may be stated by the Board.
(2)
Said license shall be conspicuously displayed at the
place where the game is to be conducted at all times during the conduct
thereof.
A.
No person or organization shall conduct games of chance
or lease premises allowing them to be conducted unless first obtaining
a license from the Clerk to do so.
B.
Any rent charged for the leasing of a hall or premises
to conduct games of chance shall be an absolute figure and may not
be based on a percentage rate of the total revenue.
C.
Equipment, if leased, must be leased from an authorized
dealer licensed by the Board or from another authorized organization
with the approval of the Board.
D.
The entire net proceeds received from the conduct
of the games must be used for the lawful purposes of the authorized
organization.
E.
No single prize can exceed the amount as 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]
F.
No single wager can exceed the amount as authorized
pursuant to the provisions of the General Municipal Law Section 189.
[Amended 1-18-2000 by L.L. No. 3-2000,
effective 1-24-2000]
G.
No series of prizes during any license period shall
exceed the amount as 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]
H.
No person but a member of the authorized organization
conducting the games or its recognized auxiliary organization shall
participate in the management or operation of said games, nor shall
any person be paid for providing this service.
I.
No games of chance shall be conducted by an authorized
organization more than 12 times in a calendar year.
J.
No games of chance shall be conducted except between
the hours of 12:00 noon and 12:00 midnight, Monday through Thursday,
and between the hours of 12:00 noon Friday and 2:00 a.m. Saturday,
as well as between the hours of 12:00 noon Saturday and 2:00 a.m.
Sunday. The Town Clerk may issue a license to allow games of chance
to be conducted on any day of the week, including Sunday, between
the hours of 12:00 noon and midnight. Games of chance will not be
allowed to be held at any other times.
[Amended 1-18-2000 by L.L. No. 3-2000,
effective 1-24-2000]
K.
Subject to the provisions of the Alcoholic Beverage
Control Law, beer may be offered for sale during the conduct of the
games, but the offering of all other alcoholic beverages is prohibited.
L.
No person under the age of 18 years shall be allowed
to participate in the games, take part in the management of the games
or be allowed on the premises during the conduct of the games.
M.
Not more than $2 shall be charged by any licensee
for admission.
N.
Every winner and every prize shall be determined and
awarded, as well as delivered, within the same calendar day as the
game was conducted.
O.
No alcoholic beverage of any kind shall be awarded
as a prize in any game of chance.
P.
No game of chance shall be advertised as to its location,
except that one sign, in accordance with the Code of the Town of Brookhaven,
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 an 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.
A.
Within seven days after the conclusion of any license
period, the authorized organization that conducted the games and the
members who were in charge of such conduct shall furnish the Clerk
a statement signed by the members in charge, affirmed by them as true
under the penalties of perjury, showing the amount of the gross income
from the conduct of such games of chance, the expenses incurred, as
paid or to be paid, other than the prizes awarded for winning a game
of chance, the name and address of each person the expenses were paid
to or will be paid to, with a detailed explanation of the need for
such expenditure, the description of the merchandise or service rendered,
the net proceeds obtained from the conduct of the games and the uses
for which said moneys have been used or will be used and a list of
all prizes offered and given, with the values thereof. It shall be
the duty of the licensee to maintain and keep all books and records
that are necessary to verify the particulars of the financial statement
rendered.
B.
Upon filing said financial statement with the Clerk,
the authorized organization shall pay to the Clerk, in cash or certified
check, an additional license fee based on a percentage of the net
proceeds for the period covered by the statement. The percentage rate
shall be based upon a schedule which shall be established by the Board.
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.
A.
Any person, association, member, officer, agent or
employee of any such entity who shall be found, by a court of competent
jurisdiction, to be in violation of any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and shall be subject
to a fine not to exceed $1,000 or a period of incarceration not to
exceed one year, or both.
B.
In addition, any person, association, corporation
or organization found guilty of violating the provisions of this chapter
shall forfeit any license issued pursuant to this chapter and shall
be barred and ineligible to apply for such a license pursuant to this
chapter for at least a period of five years from the date of such
forfeiture.