[HISTORY: Adopted by the Council of the City
of Schenectady as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 128.
[Adopted 2-9-1970 by Ord. No. 15274[1]]
[1]
Editor's Note: The provisions of this article
are derived from Ch. 5, Art. III, of the former Revised Ordinances,
adopted 2-9-1970 by Ord. No. 15274.
[Amended 11-26-1973 by Ord. No. 16282; 6-2-1986 by L.L. No. 3-1986]
The authority granted to the Council in relation
to the issuance, amendment and cancellation of licenses, the conduct
of investigations and hearings, the supervision of the operation of
the games and the collection and transmission of fees in connection
with the playing of bingo is hereby delegated to the City Clerk; and
the issuance of licenses to play bingo by the City Clerk is subject
to the approval of the Mayor. A license may be issued for the playing
of bingo on any day of the week, including Sunday.
[Amended 6-2-1986 by L.L. No. 3-1986]
There is hereby created in the Department of
the City Clerk a new position and office to be entitled "Municipal
Bingo Inspector." He shall have such duties as are prescribed in Article
14H of the General Municipal Law and such other duties as may be assigned
to such position by the Mayor or by ordinance.
[Amended 6-2-1986 by L.L. No. 3-1986]
No person or organization other than a licensee
under the provisions of Article 14-H of the General Municipal Law
shall conduct a bingo 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 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 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 adopted
for use in the conduct of bingo games from other than a supplier licensed
under the Bingo Control Law or from another authorized organization.
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.
No person except a bona fide member of the sponsoring
organization shall participate in the management or operation of a
bingo game.
No person shall receive any remuneration for
participating in the management or operation of any game of bingo.
[Amended 6-2-1986 by L.L. No. 3-1986]
Pursuant to provisions of Article 14-H of the
General Municipal Law, "Local Option for Conduct of Bingo by Certain
Organizations," 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 8-3-1981 by L.L. No. 3-1981]
This article shall be known and may be cited
as the "Games of Chance Licensing Law of the City of Schenectady."
A.
AUTHORIZED GAMES OF CHANCE LESSOR
AUTHORIZED ORGANIZATION
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
BOARD
CLERK
GAMES OF CHANCE
GAMES OF CHANCE CURRENCY
LAWFUL PURPOSES
(1)
(2)
(3)
LICENSE PERIOD
MUNICIPALITY
NET LEASE
NET PROCEEDS
(1)
(2)
OFFICER
ONE OCCASION
OPERATION
PREMISES
SERIES OF PRIZES
SINGLE PRIZE
SINGLE TYPE OF GAME
As used in this article, the following terms shall
have the following meanings:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of this article.
Includes any bona fide religious or charitable organization
or bona fide educational, fraternal 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 this article, 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 article for a period of three years immediately prior to applying
for a license under this article. No organization shall be deemed
an "authorized organization" which is primarily for the purpose of
conducting games of chance and which does not devote at least 75%
of its activities to other than conducting games of chance. No political
party shall be deemed an "authorized organization."
Any person, firm, partnership, corporation or organization
licensed by the Board to sell or lease games of chance equipment or
paraphernalia, which meets the specifications and regulations established
by the Board. 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 shall be sold or leased to any other authorized organization
without written permission from the Board.
The New York State Racing and Wagering Board.
The City Clerk of the City of Schenectady.
Includes only the games known as "merchandise wheels," raffles
and such other specific games as may be authorized by the Board 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," which
are controlled under Article 14-H of the General Municipal Law, and
also not including "slot machines," "bookmaking," "policy" or "numbers
games" and "lottery" as defined in § 225.00 of the Penal
Law. No "game of chance" shall involve wagering of money by one player
against another player.
[Amended 8-14-2000 by Ord. No. 2000-8]
Legal tender or a form of scrip or chip authorized by the
Board, any of which may be used at the discretion of the games of
chance licensee.
One or more of the following causes, deeds or activities:
Those which shall 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 any devotion
to the principles upon which this nation was founded and enhancing
their loyalty to their governments.
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 services which government would
normally render to the people.
A period of time not to exceed 14 consecutive hours.
The City of Schenectady.
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 noncommercial or nonprofit
authorized games of chance lessor for which the lessee pays rent to
the lessor and likewise undertakes to pay substantially all of the
regularly recurring expenses incident to the operation and maintenance
of such leased premises.
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 Board, janitorial services and utility
supplies, if any, license fees and the cost of bus transportation,
if authorized by the Clerk; and
In relation to the gross rent received by an
authorized games 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 of Police of the City of Schenectady.
The successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to $250, or $200 during any one license period in accordance with the provisions of § 135-15H, as the case may be. For purposes of the game of chance known as a "merchandise wheel," "one occasion" shall mean the successive operations of any one such merchandise wheel for which the limit on a series of prizes provided by § 135-15H shall apply.
The play of a single type of game of chance necessary to
determine the outcome or winners each time wagers are made.
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.
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, "series of prizes"
shall mean the sum of the actual value of merchandise awarded as single
prizes during the successive operations of any single merchandise
wheel.
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 games of chance known as raffles, "merchandise wheels"
and each other specific games of chance authorized by the Board.
[Amended 8-14-2000 by Ord. No. 2000-8]
B.
Words singular in form may include the plural, and
words plural in form may include the singular; and words in the masculine
gender shall include the feminine and neuter genders.
A.
This article is subject and subordinate to all the
conditions and provisions contained in Article 9-A of the General
Municipal Law, and amendments thereto, and any and all rules and regulations
and opinions adopted or to be adopted by the New York State Racing
and Wagering Board.
B.
Subject to the provisions of Article 9-A of the General
Municipal Law of New York and pursuant to the direction contained
in Subdivision 2 of § 9 of Art. 1 of the Constitution of
the state, the City of Schenectady has the right, power and authority
to authorize the conduct of games of chance by authorized organizations
within the territorial limits of the City of Schenectady.
The City Clerk and the Chief of Police are hereby
designated the authority granted to the City Council by Article 9-A
of the General Municipal Law in relation to the issuance, amendment
and cancellation of licenses, the conduct of investigations and hearings
and the collection and transmission of fees.
The conduct of games of chance authorized by
this article shall be subject to the following restrictions:
A.
No person, firm, partnership, corporation or organization, other than a licensee under the provisions of § 135-18 of this article, 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 this article 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 Board 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 shall exceed the sum or value of $100,
except that for merchandise wheels, no single prize shall exceed the
sum or value of $250. No single wager shall exceed $2.
F.
No authorized organization shall award a series of
prizes consisting of merchandise with an aggregate value in excess
of $1,000 during the successive operations of any one merchandise
wheel.
G.
In addition to merchandise wheels, no more than five
other single types of games of chance shall be conducted during any
one license period.
H.
Except for merchandise wheels, no series of prizes
on any one occasion shall aggregate more than $200 when the licensed
authorized organization conducts five single types of games of chance
during any one license period. Except for merchandise wheels, no series
of prizes on any one occasion shall aggregate more than $250 when
the licensed authorized organization conducts less than five single
types of games of chance, exclusive of merchandise wheels, during
any one license period.
I.
Except for the limitation on the sum or value for
single prizes and series of prizes, no limit shall be imposed on the
sum or value of prizes awarded to any one participant during any occasion
or any license period.
J.
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 § 135-24L of this article.
K.
No person shall receive any remuneration for participating
in the management or operation of any such game.
L.
No authorized organization shall extend credit to
a person to participate in playing a game of chance.
M.
No game of chance shall be conducted on other than
the premises of an authorized organization or an authorized games
of chance lessor.
N.
The unauthorized conduct of a game of chance shall
constitute and be punishable as a misdemeanor.
O.
Limits on single prizes for raffles shall be as contained
in New York State law, currently codified as Article 9-A of the General
Municipal Law of the State of New York, and as it from time to time
may be amended.
[Added 8-14-2000 by Ord. No. 2000-8]
No person, firm, association, corporation or
organization other than an authorized organization licensed under
the provisions of this article shall be permitted to conduct games
of chance within the territorial limits of the City of Schenectady.
A.
Contents. Each applicant for a license, after obtaining
an identification number from the State Board, shall file with the
City Clerk a written application therefor in a form to be prescribed
by the State Board or the City Clerk, 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 such Clerk to determine whether or not it is a bona fide authorized
organization.
(2)
The names and addresses of its officers; the place
or places where, the date or dates and the time or times when the
applicant intends to conduct games under the license applied for.
(3)
The amount of rent to be paid or other consideration
to be given, directly or indirectly, for each licensed period for
the use of the premises of an authorized games of chance lessor.
(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 for assisting therein, except as in this article
otherwise provided, and such other information as shall be prescribed
by such rules and regulations.
(6)
The name of each single type of game of chance to
be conducted under the license applied for and the number of merchandise
wheels, if any, to be operated.
B.
Designation of managers. In each application there
shall be designated not less than four bona fide members of the applicant
organization by whom the game or games of chance will be managed,
and to the application shall be appended a statement executed by the
members so designated that they will be responsible for the management
of such games in accordance with the terms of the license, the rules
and regulations of the Board and this article.
C.
Authorized games of chance lessor. Each applicant for a license to lease premises to a licensed organization for the purposes of conducting games of chance therein shall file with the Clerk a written application therefor in a form to be prescribed by the Board, 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; a statement that the applicant, in all respects, conforms to the specifications contained in the definition of "authorized organization" set forth in § 135-12 of this article; a statement of the lawful purposes to which the net proceeds from any rental are to be devoted by the applicant; and such other information as shall be prescribed by the Board.
A.
Investigation. The Clerk shall make an investigation
of the qualifications of each application and the merits of each application
with due expedition after the filing of the application.
B.
Issuance of licenses to conduct games of chance. If
such Clerk shall determine that the applicant is duly qualified to
be licensed to conduct games of chance under this article; that the
member or members of the applicant designated in the application to
manage games of chance are bona fide active members of the applicant
and are persons of good moral character and have never been convicted
of a crime, or, if convicted, have received a pardon, a certificate
of good conduct or a certificate of relief from disabilities; that
such games are to be conducted in accordance with the provisions of
this article and in accordance with the rules and regulations of the
Board; and that the proceeds thereof are to be disposed of as provided
in this article, and if such Clerk is satisfied that no commission,
salary, compensation, reward or recompense whatever will be paid or
given to any person managing, operating or assisting therein, except
as in this article otherwise provided, he/she shall issue a license
to the applicant for the conduct of games of chance upon payment of
a license fee of $25 for each license period.
C.
Issuance of licenses to authorized games of chance lessors. If such 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 article; that the applicant satisfied the requirements for an authorized organization as defined in § 135-12 of this article; that the applicant has filed its proposed rent for each license period and that the Clerk has approved the proposed rent as fair and reasonable; that the net proceeds from any rental will be devoted to the lawful purposes of the applicant; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in § 135-12 of this article; and that such leasing of premises for the conduct of such games is to be in accordance with the provisions of this article and with the rules and regulations of the Board, he/she 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 such Clerk shall determine, but not to exceed 12 license periods during a calendar year, upon payment of a license fee of $50. Nothing herein shall be construed to require the applicant to be licensed under this article to conduct games of chance.
D.
Fee. On or before the 30th day of each month, the
Director of Finance of the municipality in which the licensed property
is located 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 pursuant to this section during the preceding calendar
month.
E.
Term. No license shall be issued under this section
which shall be effective for a period of more than one year.
A.
No application for the issuance of a license to conduct
games of chance on leased premises to an authorized organization shall
be denied by the Clerk until after a hearing, held on due notice of
the applicant, at which time 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 article 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.
A.
Each license to conduct games of chance shall be in
such form as shall be prescribed in the rules and regulations promulgated
by the Board and shall contain a statement of the name and address
of the licensee, of the names and addresses of the members of the
licensee under whom the games will be managed, 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 purposes to which the entire net proceeds
of such games are to be devoted; the name of each single type of game
to be conducted under the license and the number of merchandise wheels,
if any, to be operated; 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 games shall be conspicuously displayed
at the place where same is to be conducted at all times during the
conduct thereof.
B.
Each license to lease premises for conducting games
of chance will be in such form as shall be prescribed in the rules
and regulations of the Board and shall contain a statement of the
name and address of the licensee and the address of the leased premises,
the amount of permissible rent and any information which may be required
by said rules and regulations to be contained therein, and each such
license shall be conspicuously displayed upon such premises at all
times during the conduct of games of chance.
A.
The officer shall have and exercise rigid control
and close supervision over all games of chance conducted under such
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 this article,
and such officer and the Board shall have the power and the authority
to temporarily suspend any license issued by the Clerk pending a hearing,
and after notice and hearing, the Clerk or Board may suspend or revoke
the same 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 article.
B.
Service of alcoholic beverages. Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance on games of chance premises, as such premises are defined in § 135-12 of this article; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises.
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
expenses 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 to defray the actual cost to municipalities
or counties of administering the provisions of this article, but such
additional license fee shall not exceed 5% of the net proceeds for
such license period.
C.
Examination of records.
(1)
The Clerk and the Board shall have the 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.
(2)
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 article.
Any applicant for or holder of any license issued
or to be issued under this article 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.
A.
Except as provided in Subsection C of this section, no games of chance shall be conducted under any license issued under this article on the first day of the week, commonly known and designated as "Sunday," unless it shall be otherwise provided in the license issued for the conducting thereof, pursuant to the provisions of a local law duly adopted by the City Council of the City of Schenectady wherein the license is issued, authorizing the conduct of games of chance under this article on that day only between the hours of 12:00 noon and 12:00 midnight. Notwithstanding the foregoing provisions of this section, no games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
B.
No person under the age of 18 years shall be permitted
to play any game or games of chance conducted pursuant to any license
issued under this article. Persons under the age of 18 years may be
permitted to attend games of chance at the discretion of the games
of chance licensee. 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 article or to assist therein.
C.
No game or games of chance shall be conducted under
any license issued under this article more often 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
12:00 noon and 12:00 midnight on Sunday, Monday, Tuesday, Wednesday
and Thursday and only between the hours of 12:00 noon on Friday and
2:00 a.m. Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period
shall also apply to a legal holiday.
[Amended 6-15-1982 by L.L. No. 2-1982]
D.
No person shall operate any game of chance under any
license issued under this article, except a bona fide member of the
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 or 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.
E.
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.
F.
The 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, any such person
involved in such games of chance shall certify that he or she has
no criminal record.
G.
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,
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, license fees
and the cost of bus transportation, if authorized by such Clerk.
H.
A fee may be charged by a licensee for admission to
any game or games of chance conducted under any license issued under
this article. The Clerk may, in its (his/her) 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.
I.
A licensee may advertise the conduct of games of chance
to the general public by means of handbill and poster and by one freestanding
sign not exceeding 32 square feet in area, which may be displayed
on the premises owned or occupied by a licensed authorized organization.
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.
J.
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 this article shall
be liable to prosecution or conviction for violation of any provision
of Article 225 of the Penal Law or any other law to the extent that
such conduct is specifically authorized by this article, 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 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.
K.
Any person, firm, partnership, corporation or organization who or which shall make any material false statement in any application for any license authorized to be issued under this article; 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 § 135-18B of this article; 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; 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; or divert or pay any portion of the net proceeds of any game of chance to any person, firm, partnership or corporation, except in furtherance of one or more of the lawful purposes defined in § 135-12 of this article, shall be guilty of a misdemeanor and shall forfeit any license issued under this article and be ineligible to apply for a license under this article for at least one year thereafter.
L.
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:
(1)
In accordance with a valid license issued pursuant
to this article; or
(2)
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 amusement and recreation of its members where:
(a)
The organization has applied for and received
an identification number from the 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 games; and
(e)
No person is paid for conducting or assisting
in the conduct of the game or games.
