[HISTORY: Adopted by the Board of Trustees of the Village of Pelham
9-15-1992 as L.L. No. 4-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 28.
The Board of Trustees finds that raising of funds for the promotion
of bona fide charitable, educational, scientific, health, religious, patriotic
and other worthy causes, where the beneficiaries are undetermined, to be in
the public interest and that the mandate of § 9 of Article 1 of
the Constitution of the State of New York, as amended, should be carried out
by rigid regulations 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 chapter 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 or its successor agency or
board or department.
A.
Word usage.
(1)
As used in this chapter, the terms "authorized games
of chance lessor," "authorized organizations," "authorized supplier of games
of chance equipment," "games of chance," "lawful purposes," "net lease," "net
proceeds," "one (1) occasion" and "prize" shall have the meanings designated
in the definitions set forth in Article 9-A of the General Municipal Law.
(2)
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.
B.
LICENSED PERIOD
OFFICER
STATE BOARD
VILLAGE BOARD
VILLAGE CLERK
As used in this chapter, the following terms shall have
the meanings indicated:
A period of time not to exceed fourteen (14) consecutive hours.
The Chief of Police of the Village of Pelham shall be the "officer"
designated in Article 9-A of the General Municipal Law as the chief law enforcement
officer of this municipality.
The New York State Racing and Wagering Board.
The Board of Trustees of the Village of Pelham.
The Village Clerk of the Village of Pelham.
The Administrator or the Village Clerk is hereby delegated the authority
granted to the Village Board by Article 9-A of the General Municipal Law entitled
"Local Option for Conduct of Games of Chance by Certain Organizations" in
relation to the issuance, amendment and cancellation of licenses, the conduct
of investigations and hearings and the collection and transmission of fees.
No person, firm, association, corporation or organization, other than
an authorized organization licensed under the provisions of this chapter,
shall be permitted to conduct games of chance within the territorial limits
of the Village of Pelham.
A.
Each applicant for a license, after obtaining an identification
number from the State Board, shall file with the Village Clerk a written application
therefrom in a form to be prescribed by the State Board or the Village 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
the Village Clerk to determine whether or not it is a bona fide authorized
organization.
(2)
The names and addresses of its officers and the place
where the applicant intends to conduct games of chance under the license applied
for.
(3)
The amount of rent to be paid or other consideration
to be given, directly or indirectly, for each occasion for use of the premises
of any other authorizing organization licensed under this chapter to conduct
games of chance or 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 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 for which the entire net proceeds of the
games of chance are to be devoted and in what manner and 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
in Article 9-A of the General Municipal Law.
(6)
That no member of the applicant has ever been convicted
of a crime or, if convicted, that he has received a pardon or a certificate
of good conduct.
(7)
Any other information as shall be prescribed by the rules
and regulations promulgated by the State Board.
B.
In each application there shall be designated not less
than four (4) active members of the applicant organization under whom the
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 the games of chance in accordance with the terms of
the license, Article 9-A of the General Municipal Law, the provisions of this
chapter and the rules and regulations of the State Board.
C.
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 Village Clerk a written application therefor in a form to be
prescribed by the State Board or the Village Clerk, 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 to the specifications
contained in the definition of "authorized organizations" set
forth in Article 9-A of the General Municipal Law and any other information
as shall be prescribed by the State Board and the provisions of this chapter.
A.
No persons, firm, partnership, corporation or organization,
other than a licensee under the provisions of § 191 of the General
Municipal Law, shall conduct a game of chance or shall lease or otherwise
make available for conducting games of chance premises for any consideration
whatsoever, directly or indirectly.
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 a game of chance.
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 games of chance from other than
an authorized supplier of games of chance equipment licensed by the State
Board or from another authorized organization.
D.
The entire net proceeds of any game of chance shall be
exclusively devoted to the lawful purpose 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 game of chance
lessor.
E.
Wager and price limitations.
(1)
No single prize shall exceed the sum or value of one
hundred dollars ($100.), except that for merchandise wheels, no single prize
shall exceed the sum of two hundred fifty dollars ($250). No single wager
shall exceed ten dollars ($10).
(2)
No authorized organization shall award a series of prizes
consisting of merchandise with an aggregate value in excess of one thousand
dollars ($1,000.) during the successive operations of any one (1) merchandise
wheel.
(3)
In addition to merchandise wheels, no more than five
(5) other single types of games of chance shall be conducted during any one
(1) license period.
(4)
Except for merchandise wheels, no series of prizes on
any one (1) occasion shall aggregate more than two hundred dollars ($200.)
when the licensed authorized organization conducts five (5) single types of
games of chance during any one (1) license period. Except for merchandise
wheels, no series of prizes on any one (1) occasion shall aggregate more than
two hundred fifty dollars ($250.) when the licensed authorized organization
conducts less than five (5) single types of games of chance, exclusive of
merchandise wheels, during any one (1) license period.
(5)
Except for the limitations on the sum or value of single
prizes and series of prizes, no limit shall be imposed on the sum or value
of prizes awarded to any one (1) participant during any occasion of any license
period.
F.
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 § 195-c of the General Municipal Law.
G.
No authorized organization shall extend credit to a person
to participate in playing a game of chance.
H.
No person shall receive any remuneration for participating
in the management or operation of any game of chance.
I.
The conduct of games of chance on Sunday is only permitted
when it is specifically provided for in the license issued. No game of chance,
however, shall be conducted on Easter Sunday, Christmas Day, New Year's Eve
or New Year's Day.
J.
No hall or other premises shall be used for the conduct
of games of chance unless said hall or premises, where applicable, complies
with the provisions of Part 36 of Title 12, of the Codes, Rules and Regulations
of the State of New York and the provisions of other applicable laws for places
of public assembly within the Village of Pelham.
K.
No game of chance shall be conducted on other than the
premises of an authorized organization or an authorized games of chance lessor.
A.
The Village 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 Village Clerk shall determine that the applicant
is duly qualified to be licensed to conduct games of chance under this chapter;
that the member of the applicant designated in the application to conduct
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 chapter
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 chapter; and
if the Village Clerk is satisfied that no commission, salary, compensation,
reward or recompense whatsoever shall be given to any person holding, operating,
conducting or assisting in holding, operating or conducting any games of chance,
except as otherwise provided in this chapter, the Village Clerk shall issue
a license to the applicant for the conduct of games of chance upon satisfaction
of all requirements of applicable law and State Board rules and regulations
and upon payment of the license fee which shall be established by a general
resolution of the Board of Trustees. Such fee may be amended, from time to
time, by resolution of the Board of Trustees.
C.
If the Village 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 chapter;
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 the Village
Clerk shall find and determine 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 chapter and in accordance with the rules and regulations
of the State Board, a license shall be issued permitting the applicant to
lease said premises for the conduct of games of chance to the authorized organizations
set forth in the application during the period therein specified or such shorter
period as the Village Clerk shall determine, but not to exceed one (1) year,
upon payment of the license fee which shall be established by general resolution
of the Board of Trustees. Such fee may be amended, from time to time, by resolution
of the Board of Trustees.
D.
Under this chapter, 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 Village 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 Village Clerk to whom an application has been
made or by whom a license has been issued may appeal to the State Board from
the determination of the Village Clerk by filing with the Village 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 Village 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 Village
Clerk and all parties to said appeal.
C.
Any license issued hereunder may be amended upon application
to the Village 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.
A.
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 Village 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 conducted, the place where and the
date and time when the games of chance are to be conducted and 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.
B.
Each license to lease premises for conducting games of
chance will be in a form as shall be prescribed in the rules and regulations
of the State Board or the Village Clerk and shall contain a statement of the
names and addresses of the licensee and the address of the leased premises,
the amount of permissible rent and any other information which may be required
by said rules and regulations. Each license shall be conspicuously displayed
upon the premises at all times during the conduct of games of chance.
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 chapter 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 Village
Clerk pending a hearing. 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 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 chapter.
A.
Within seven (7) days after the conclusion of any license
period, the authorized organization which conducted the games of chance and
its members who were in charge thereof and, when applicable, the authorized
organizations which rented its premises therefor shall each furnish to the
Village 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 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 and 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 Village Clerk as and for
an additional fee a sum based upon the reported net proceeds, if any, for
the license period covered by the statement and determined, from time to time,
by a general resolution of the Board of Trustees to defray the actual costs
to the Village of Pelham of administering the provisions of this chapter;
but such additional license fee shall not exceed five percent (5%) of the
net proceeds for such license period.
C.
The Village Clerk and the State Board shall have the
power to examine or cause to be examined the books and records of:
(1)
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 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 They relate to leasing premises for games or chance, and to examine said
lessor or any member, officer, director, agent or employee thereof under oath
in relation to said leasing.
A.
No person under the age of twenty-one (21) years shall
be permitted to play any game of chance conducted pursuant to any license
issued under this chapter. Persons under the age of twenty-one (21) years
may be permitted to attend games of chance at the discretion of the game of
chance licensee. No person under the age of twenty-one (21) years shall be
permitted to operate any game of chance conducted pursuant to a license under
this chapter or to assist therein.
B.
No games of chance shall be conducted under any license
issued under this chapter 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 Sunday, Monday, Tuesday, Wednesday and Thursday; only between
the hours of 12:00 noon on Friday and 2:00 a.m. on Saturday; and only between
the hours of 12:00 noon on Saturday and 2:00 a.m. on Sunday. The closing time
of 2:00 a.m. shall also apply to a legal holiday.
C.
No person shall operate or conduct any games of chance
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 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 a member of an organization or association
which is affiliated with the licensee by being, with it, auxiliary to another
organization or association. The head or heads 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.
D.
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.
E.
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 chapter, 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 costs of bus transportation if authorized by the
officer.
F.
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 § 225 of the Penal Law or any other law or ordinance to the extent
that such conduct is specifically authorized by this chapter. 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.
G.
Any person, association, corporation or organization who or which shall make any material false statement in any application for any license issued pursuant to this chapter; shall pay or receive a rental in excess of the amount specified as the permissible rent in the license provided for in § 52-6A for the use of any premises for the conducting of games of chance; shall fail to keep such books and records and 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; shall 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 proceeds thereof and to the application of the rents received by any authorized organization; or shall divert or pay any portion of the net proceeds of any game of chance to any person, association or corporation, except in furtherance of one (1) or more of the lawful purposes defined in this chapter, shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for at least one (1) year thereafter.
H.
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 chapter; or
(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
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; and
(e)
No person is paid for conducting or assisting in the
conduct of the games of chance.
I.
No alcoholic beverages shall be offered or given as a
prize in any game of chance.
J.
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
