[HISTORY: Adopted by the Town Board of the Town of Marlborough: Art.
I, 3-28-1977 by L.L. No. 3-1977 as Ch. 43 of the 1976 Code of the Town of
Marlborough; Art. II, 4-4-1977 as L.L. No. 5-1977. Amendments noted where
applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 58.
[Adopted 3-28-1977 by L.L.
No. 3-1977 as Ch. 43 of the 1976 Code of the Town of Marlborough]
It shall be lawful for any authorized organization, upon obtaining a
license therefor as provided by Article 14-H of the General Municipal Law,
to conduct the game of bingo within the boundaries and territorial limits
of the Town of Marlborough, subject to the provisions of said Article and
subject to the provisions of the state lottery laws enacted, amended and ordained.
The license fee for any such license shall be the sum of eighteen dollars
and seventy-five cents ($18.75) for each occasion upon which any games of
chance are to be conducted under said license, to be disposed of as provided
by said Article 14-H of the General Municipal Law.
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.
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.
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 Executive Law § 430 et seq.
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.
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 State Racing and Wagering Board.
The unauthorized conduct of a bingo game and any willful violation of
any provision of this Article shall constitute and be punishable as a misdemeanor.
[Adopted 4-4-1977 as L.L.
No. 5-1977[1]]
[1]
Editor's Note: This local law was passed at referendum 6-4-1977.
This Article shall be cited and may be referred to as the "Games of
Chance Licensing Law."
This Article is enacted pursuant to all the conditions and provisions
contained in Article 9-A of the General Municipal Law of the State of New
York and amendments thereto.
It is declared to be the public policy of the Town of Marlborough that
the raising of funds for the promotion of bona fide charitable, educational,
scientific, health, religious and patriotic causes and undertakings where
the beneficiaries are undetermined is in the public interest and that all
phases of the supervision, licensing and regulation of games of chance and
the conduct of games of chance should be closely controlled and that the laws,
ordinances and regulations pertaining thereto should be strictly construed
and rigidly enforced to prevent commercialized gambling, to prevent participation
by criminal and other undesirable elements and to prevent the diversion of
funds from the purposes herein authorized.
This Article shall be applicable to all territory within the limits
of the Town of Marlborough.
A.
As used in this Article, the terms "municipality," "authorized
organization," "lawful purposes," "net proceeds," "net lease," "authorized
games of chance lessor," "prize," "authorized supplier of games of chance
equipment" and "one (1) occasion" shall have the meanings designated in the
definitions set forth in Article 9-A of the General Municipal Law.
B.
LICENSED PERIOD
OFFICER
STATE BOARD
TOWN BOARD
TOWN CLERK
As used in this Article, the following terms shall have
the meanings indicated:
A period of time not to exceed fourteen (14) consecutive hours and,
for the purposes of the game of chance known as a "bell jar," a period of
time running from January first to December 31 of each year.
[1]The Chief of Police of the Town of Marlborough shall be the officer
designated in Article 9-A of the General Municipal Law as chief law enforcement
officer of this municipality.
The New York State Racing and Wagering Board.
The Town Board of the Town of Marlborough.
The Town Clerk of the Town of Marlborough.
C.
This Article shall also include such additional definitions
of terms as set forth in Article 9-A of the General Municipal Law and any
amendments thereto.
A.
No person, firm, association, corporation or organization,
other than a licensee under the provisions of this Article, shall conduct
such games of chance or shall lease or otherwise make available for conducting
games of chance a hall or other premises for any consideration whatsoever,
direct or indirect, except as provided herein.
B.
No person except a bona fide member of a licensed organization,
its auxiliary or affiliated organization shall participate in the management
or operation of such games.
C.
No person shall receive any remuneration for participation
in the management of any such games.
D.
No game 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 a basis of a percentage of the receipts or net profits derived from the
operation of such games.
E.
No authorized organization licensed under the provisions
of the Article shall purchase or receive any supplies or equipment specifically
designed or adapted for use in the conduct of games of chance other than from
a licensed supplier or from another authorized organization.
F.
The entire net proceeds of any game of chance and of
any rental shall be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
G.
No prize shall exceed the sum or value of three hundred
dollars ($300.) in any operation or conducting of a single game of chance,
except that for merchandise wheels and bell jars, no single prize shall exceed
the sum or value of two hundred fifty dollars ($250.), nor shall any single
wager exceed six dollars ($6.).[1]
H.
Series of prizes.[2]
(1)
Except for merchandise wheels, no series of prizes on
any one (1) occasion shall aggregate more than four hundred dollars ($400.)
when the licensed authorized organization conducts five (5) single types of
games of chance during any one (1) license period. Except for merchandise
wheels and bell jars, no series of prizes on any one (1) occasion shall aggregate
more than five hundred dollars ($500.) when the licensed authorized organization
conducts less than five (5) single types of games of chance, exclusive of
merchandise wheels and bell jars during any one (1) license period.
(2)
No authorized organization shall award a series of prizes
consisting of cash or of merchandise with an aggregate value in excess of
one thousand dollars ($1,000.) during the successive operations of any one
(1) merchandise wheel or bell jar.
J.
Games of chance shall be permitted on the first day of
the week commonly known and designated as "Sunday" if so provided in the license
issued for the holding, operating and conducting thereof. No games of chance,
however, shall be conducted on Easter Sunday, Christmas Day or New Year's
Eve.
K.
No person under the age of eighteen (18) years shall
be permitted to play any game or games of chance conducted pursuant to any
license issued under this Article. No person under the age of eighteen (18)
years shall be permitted to conduct or assist in the conduct of any games
of chance conducted pursuant to any license issued under this Article.
L.
No game or games of chance shall be conducted under any
license issued under this Article more often than twelve (12) times in any
calendar year. Games shall be conducted only between the hours of 12:00 noon
and 12:00 midnight on Monday, Tuesday, Wednesday and Thursday and only between
the hours of 12:00 noon on Friday and 2:00 a.m. Saturday and only between
the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing
shall also apply to a legal holiday. The above restrictions shall not apply
when only the game of chance known as the "bell jar" is conducted.[4]
M.
Subject to the applicable provisions of the Alcoholic
Beverage Control Law, beer may be offered for sale during the conduct of games
of chance, but the offering of all other alcoholic beverages is prohibited;
provided, however, that nothing herein shall be construed to limit the sale
of any other alcoholic beverage in the premises where only the game of chance
known as the "bell jar" is conducted. No alcoholic beverage shall be offered
or given as a prize in any game of chance.[5]
N.
Not more than two dollars ($2.) shall be charged by any
licensee for admission to any room or place in which any game or games of
chance are to be conducted under any license issued under this Article. The
officer or department may in its discretion fix a minimum fee.
O.
Each winner shall be determined and each prize shall
be awarded and delivered within the same calendar day as that upon which the
game was played.
P.
No game of chance conducted or to be conducted in this
town shall be advertised as to its location, the time when it is to be or
has been played, the prizes awarded or to be awarded or transportation facilities
to be provided to such game by means of radio or sound trucks or by means
of billboards or any other means addressed to the general public, except that
a licensee may advertise the conduct of games of chance by means of newspaper,
circular, handbill and poster, and one (1) sign not exceeding sixty (60) square
feet in area may be displayed on or adjacent to the premises owned or occupied
by a licensed authorized organization. When an organization is licensed to
conduct games of chance on the premises of an authorized games of chance lessor,
one (1) 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 licensee which is a volunteer
fire company or upon any 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. 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 and the date, location and time of the event.[6]
A.
Each applicant for a license shall, after obtaining an
identification number from the New York State Racing and Wagering Board, file
with the Town Clerk of the Town of Marlborough a written application therefor
in a form to be prescribed by the State Board, duly executed and verified,
in which shall be stated:
(1)
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to enable
the Town Clerk to determine whether or not it is a bona fide authorized organization.
(2)
The names and 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 games under the license applied for.
(4)
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.
(5)
The purposes to which the entire net proceeds of such
games are to be devoted and in what manner, that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such game or
games or for assisting therein, except as in this Article otherwise provided,
and such information as shall be prescribed by such rules and regulations.
B.
In each application there shall be designated not less
than four (4) active members of the applicant organization under whom the
game or games of chance will be conducted. Each member so designated shall
execute a statement that he or she will be responsible for the conduct of
such games in accordance with the terms of the license, the rules and regulations
of the State Board and the provisions of this Article. Such statements shall
be attached to and filed with the written application.
C.
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 Town Clerk a written application therefor in a form to be prescribed
by the State Board, duly executed and verified, which shall set forth the
name and address of the applicant, the designation and address of the premises
intended to be covered by the license sought, a statement that the applicant
in all respects conforms with the specifications contained in a definition
of authorized organization, as set forth in Article 9-A of the General Municipal
Law, and such other information as shall be prescribed by the State Board.
A.
The Town Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application with due expedition after
the filing of the application.
B.
If the Town Clerk shall determine that the applicant
is duly qualified to be licensed to conduct games of chance under this Article;
that the member of the applicant designated in the application to manage games
of chance is a bona fide active member of the applicant and is a person of
good moral character and has never been convicted of a crime or, if convicted,
has received a pardon or a certificate of good conduct; that such games of
chance are to be conducted in accordance with the provisions of this Article
and in accordance with the rules and regulations of the State Board and that
the proceeds thereof are to be disposed of as provided by this Article; and
if the Town Clerk is satisfied that no commission, salary, compensation, reward
or recompense whatsoever shall be paid or given to any person holding, operating,
conducting or assisting in holding, operating or conducting any games of chance,
except as otherwise provided in this Article; and that no prize will be given
in excess of the sum or value of three hundred dollars ($300.) in any single
game of chance, except that for merchandise wheels and bell jars, no single
prize shall exceed the sum or value of two hundred fifty dollars ($250.) and
that the aggregate of all prizes given on one (1) occasion under said license
shall not exceed the sum or value of one thousand dollars ($1,000.) during
the successive operations of any one (1) merchandise wheel or bell jar; or
more than four hundred dollars ($400.) when the licensed authorized organization
conducts five (5) single types of games of chance; or more than five hundred
dollars ($500.) when the licensed authorized organization conducts fewer than
five (5) single types of games of chance, exclusive of merchandise wheels
and bell jars, the Town Clerk shall issue a license to the applicant for the
conduct of games of chance upon payment of a license fee of twenty-five dollars
($25.) for each license period.[1]
C.
If the Town Clerk shall determine that the applicant
seeking to lease a hall or premises for the conduct of games of chance to
an authorized organization is duly qualified to be licensed under this Article;
that the applicant satisfies the requirements for an authorized games of chance
lessor, as defined in Article 9-A of the General Municipal Law; that there
is a public need and that a public advantage will be served by the issuance
of the license; that the applicant has filed its proposed rent for each game
of chance occasion; that there is no diversion of the funds of the proposed
lessee from the lawful purposes, as defined in Article 9-A of the General
Municipal Law; and that the leasing of a hall or premises for the conduct
of games of chance is to be in accordance with the provisions of this Article
and in accordance with the rules and regulations of the State Board, he shall
issue a license permitting the applicant to lease said premises for the conduct
of games of chance to the authorized organization set forth in the application
during the period therein specified or such shorter period as the Town Clerk
shall determine, but not to exceed one (1) year, upon payment of a license
fee of fifty dollars ($50.).
D.
Under this Article, no license shall be issued which
shall be effective for a period of more than one (1) year.
A.
No application for the issuance of a license to an authorized
organization shall be denied by the Town Clerk until after a hearing is held,
upon due notice to the applicant, at which time the applicant shall be entitled
to be heard upon its qualifications and the merits of the application.
B.
Any applicant for or holder of any license hereunder,
aggrieved by any action of the Town Clerk to which an application has been
made or by which a license has been issued, may appeal to the State Board
from the determination of the Town Clerk by filing with the Town Clerk written
notice of appeal within thirty (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.
The action of the State Board upon said appeal shall be binding upon the Town
Clerk and all parties to said appeal.
C.
Any license issued hereunder may be amended upon application
to the Town Clerk if the subject matter of the proposed amendment could lawfully
and properly have been included in the original license and upon payment of
any additional license fee as would have been payable if it had been so included.
Each license to conduct games of chance shall be in a form as shall
be prescribed in the rules and regulations promulgated by the State Board
or the Town Clerk and shall contain a statement of the name and address of
the licensee, the name and address of each member of the licensee under whom
the games of chance shall be managed, of the place where and the date and
time when the games of chance are to be conducted and of the purposes to which
the entire net proceeds of the games of chance are to be devoted. If any prizes
are to be given in cash, a statement of the amounts of the prizes authorized
so to be given and any other information which may be required by said rules
and regulations shall be contained therein. Each license issued for the conduct
of any games of chance shall be conspicuously displayed at the place where
the same is to be conducted at all times during the conduct thereof.
The officer shall have and exercise rigid control and close supervision
over all games of chance conducted under each license, to the end that the
same are fairly conducted in accordance with the provisions of said license,
the provisions of this Article and the provisions of the rules and regulations
promulgated by the State Board. The officer and the State Board shall have
the power and authority to temporarily suspend any license issued by the Town
Clerk pending a hearing and, after notice and hearing, may suspend or revoke
the same and declare the violator ineligible to apply for a license for a
period not exceeding twelve (12) months thereafter. The officer and the State
Board 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 intended to 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 Article.
A.
Within seven (7) days after the conclusion of any licensed
period, the authorized organization which conducted the games of chance 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, each item of expense incurred or paid, each item
of expenditure made or to be made other than prizes, the name and address
of each person to whom each 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 the games of chance
during the license period and the use to which such proceeds have been or
are to be applied, and a list of the prizes and the values thereof offered
and given. 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
statement of receipts.
B.
Upon filing the statement of receipts, the authorized
organization furnishing the same shall pay to the Town Clerk as and for an
additional license fee a sum based upon the reported net proceeds, if any,
for the licensed period covered by the statement and determined in accordance
with the schedule as shall be established from time to time by the State Board
or the Town Clerk to defray the actual cost to the Town of Marlborough of
administering the provisions of this Article, but such license fee shall not
exceed five percent (5%) of the net proceeds for such license period.[1]
C.
The Town Clerk and the State Board shall have the power
to examine or cause to be examined the books and records of the following.
Any information so received shall not be disclosed except for the purpose
of carrying out the provisions of this Article.
(1)
Any authorized organization which is and 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 the 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 games of chance under any license,
the use of its premises for games of chance or the disposition of the net
proceeds derived from games of chance, as the case may be.
(2)
Any authorized games of chance lessor, so far as the
same 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 said leasing.
A.
No person shall operate or conduct any games of chance
under any license issued under this Article except an active member of the
authorized organization to which the license is issued, and no person shall
assist in holding, operating or conducting any games of chance under any license
except 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 member of an organization or association
which is affiliated with the licensee by being, with it, auxiliary to another
organization or association. At least two (2) officers, directors, trustees
or clergy of the authorized organization shall, upon request, certify under
oath that the persons assisting in holding, operating or conducting any game
of chance are bona fide members of such authorized organization, auxiliary
or affiliated organization.
B.
No games of chance shall be conducted with any equipment
except that owned or leased by the authorized organization so licensed or
used without payment of any compensation therefor by the licensee.
C.
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 Article except those that are reasonable and are necessarily expended
for games of chance supplies and equipment; prizes; stated rental, if any;
bookkeeping or accounting services according to a schedule of compensation
prescribed by the State Board; janitorial services and utility supplies, if
any; license fees; and the cost of bus transportation, if authorized by the
officer.
D.
No person, association, 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
issued hereunder 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 Article.
However, 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 a 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.
E.
Any person, association, corporation or organization
holding, operating or conducting games of chance shall be guilty of a misdemeanor
except when operating, holding or conducting:
(1)
In accordance with a valid license issued pursuant to
this Article.
(2)
On behalf of a bona fide organization of persons sixty
(60) years of age or over, commonly referred to as "senior citizens," solely
for the purpose of amusement and recreation of its members where:
(a)
The organization has applied for and received an identification
number from the State Board.
(b)
No player or other person furnishes anything of value
for the opportunity to participate.
(c)
The prizes awarded or to be awarded are nominal.
(d)
No person other than a bona fide active member of the
organization participates in the conduct of the games of chance.
(e)
No person is paid for conducting or assisting in the
conduct of games of chance.
F.
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
