[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.
AUTHORIZED ORGANIZATION
BOARD
CITY
GAMES OF CHANCE
RAFFLE
Specific terms. As used in this article, the following
terms shall have the following meanings:
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.
The New York State Racing and Wagering Board.
The City of Auburn in the County of Cayuga in the State of New York.
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.
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.
