City of Auburn, NY
Cayuga County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Auburn as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-28-1991 by L.L. No. 2-1991 as Ch. 12 of the 1991 Code]
This article shall be known and may be cited as the "Bingo Ordinance of the City of Auburn, New York."
The purpose of this article is to permit the operation of the game of bingo by authorized organizations in the City of Auburn pursuant to Article 1, § 9 of the Constitution of the State of New York and as implemented by the State Bingo Control Law and the Bingo Licensing Law.[1]
[1]
Editor's Note: See Art. 19-B of the Executive Law and Art. 14-H of the General Municipal Law, respectively.
It shall be lawful for any authorized organization, as defined in § 476 of Article 14-H of the General Municipal Law of the State of New York, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the City of Auburn, New York, subject to the provisions of this article, Article 14-H of the General Municipal Law, Article 19-B of the Executive Law and any amendments to said laws.
The conduct of bingo games authorized by this article shall be subject to the following restrictions:
A. 
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.
B. 
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.
C. 
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 or from another authorized organization.
D. 
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.
E. 
No prize shall exceed the sum or value of $,1000 in any single game of bingo.
[Amended 8-3-2006 by Ord. No. 13-2006]
F. 
No series of prizes on any one bingo occasion shall aggregate more than $3,000.
[Amended 8-3-2006 by Ord. No. 13-2006]
G. 
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
H. 
No person shall receive any remuneration for participating in the management or operation of any game of bingo.
I. 
The unauthorized conduct of a bingo game and any willful violation of any provisions of this article shall constitute and be punishable as a misdemeanor.
J. 
No person licensed to sell bingo supplies or equipment, or his or her agents, shall conduct, participate in, or assist in the conduct of bingo. Nothing herein shall prohibit a licensed distributor from selling, offering for sale, or explaining a product to an authorized organization, or installing, or servicing bingo equipment, upon the premises of a bingo game licensee.
[Added 8-3-2006 by Ord. No. 13-2006[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection J as Subsection K.
K. 
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 New York State Racing and Wagering Board.
The City Clerk is hereby designated to exercise all of the authority granted to the Council under § 498 of the General Municipal Law 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.
[1]
Editor's Note: Former § 119-6, Sunday games prohibited, was repealed 8-3-2006 by Ord. No. 13-2006.
[Adopted 3-28-1991 by L.L. No. 2-1991 as Ch. 14 of the 1991 Code]
This article shall be known as the "Games of Chance Ordinance of the City of Auburn, New York."
A. 
Specific terms. As used in this article, the following terms shall have the following meanings:
AUTHORIZED ORGANIZATION
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 § 186 of the General Municipal Law, 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 § 186 of the General Municipal Law for a period of three years immediately prior to applying for a license under this article and Article 9-A of the General Municipal Law. No organization shall be deemed an authorized organization which is formed 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.
BOARD
The New York State Racing and Wagering Board.
CITY
The City of Auburn in the County of Cayuga in the State of New York.
GAMES OF CHANCE
Includes only the games known as "merchandise wheels" 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.
RAFFLE
Means and includes those games in which a participant pays money in return for a ticket or other receipt and in which a prize is awarded on the basis of a winning number or numbers, color or colors, or symbol or symbols designated on the ticket or receipt, determined by chance as a result of a drawing from among those tickets or receipts previously sold.
[Added 8-3-2006 by Ord. No. 13-2006]
B. 
Other terms. All other terms used in this article shall have, for the purpose of this article, the meanings respectively ascribed to them by § 186 of the General Municipal Law.
Authorized organizations may, upon the obtainment of a license from the City Clerk, conduct games of chance within the City of Auburn as provided in Article 9-A of the General Municipal Law and as provided further in this article. Such games of chance shall be conducted in accordance with the general state law and with the rules and regulations of the New York State Racing and Wagering Board and this article.
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 § 191 of the General Municipal Law, 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 awarded by games of chance other than raffle shall exceed the sum or value of $300, except that for a merchandise wheel, no single prize shall exceed the sum or value of $250. No single prize awarded by raffle shall exceed the sum or value of $50,000, except that an authorized organization may award by raffle a single prize having a value of up to and including $100,000 if its application for a license filed pursuant to § 190 of Article 9-A of the General Municipal Law includes a statement of its intent to award a prize having such value. No single wager shall exceed $6 and for bell jars, coin boards, or merchandise boards, no single prize shall exceed $500; provided, however, that such limitation shall not apply to the amount of money or value paid by the participant in a raffle in return for a ticket or other receipt. For coin boards and merchandise boards, the value of a prize shall be determined by its costs to the authorized organization or, if donated, its fair market value.
[Amended 8-3-2006 by Ord. No. 13-2006]
F. 
No authorized organization shall award a series of prizes consisting of cash or of merchandise with an aggregate value in excess of $10,000 during the successive operations of any bell jar, coin board, or merchandise board. No series of prizes awarded by raffle shall have an aggregate value in excess of $100,000. For coin boards and merchandise boards, the value of a prize shall be determined by its cost to the authorized organization or, if donated, its fair market value.
[Amended 8-3-2006 by Ord. No. 13-2006]
G. 
In addition to merchandise wheels, raffles, and bell jars, no more than five other single types of games of chance shall be conducted during any one license period.
[Amended 8-3-2006 by Ord. No. 13-2006]
H. 
Except for merchandise wheels and raffles, no series of prizes on any one occasion shall aggregate more than $400 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels and bell jars, no series of prizes on any one occasion shall aggregate more than $500 when the licensed authorized organization conducts fewer than five single types of games of chance, exclusive of merchandise wheels and bell jars, during any one license period.
[Amended 8-3-2006 by Ord. No. 13-2006]
I. 
Except for the limitations 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 § 195-c of the General Municipal Law.
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.
This article shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law, except as otherwise provided in this article, and any amendment to the provisions in such article to the extent such provisions and amending acts are otherwise applicable to games of chance authorized under this article.
[1]
Editor's Note: Former § 119-12, Sunday games prohibited, was repealed 8-3-2006 by Ord. No. 13-2006.
The Police Department shall exercise control over and supervision of all games of chance conducted under an appropriately issued license. Such Department shall have all those powers and duties set forth in Article 9-A of the General Municipal Law.