Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Boston: Art. I, 3-21-58; Art. II, 5-6-81 by L.L. No. 3-1981. Section 44-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

ARTICLE I
Bingo (§ 44-1 — § 44-5) 

ARTICLE II
Games of Chance (§ 44-6 — § 44-10) 

[Adopted 3-21-58
Editor's Note: This Article was approved by the electors on April 15, 1958.
]

§ 44-1
Games authorized; restrictions. 

§ 44-2
Additional restrictions. 

§ 44-3
Investigation by Town Board. 

§ 44-4
Issuance of license; fee. 

§ 44-5
Remittance to State Comptroller. 

[Amended 5-1-63]

It shall be lawful for an authorized organization, upon obtaining a license therefor as provided in Article 14-H of the General Municipal Law, to conduct the game of bingo within the territorial limits of the Town of Boston, subject to the restrictions and provisions of:

A. 

This Article.

B. 

Article 14-H of the General Municipal Law.

C. 

The State Lottery Control Law.

[Amended 5-1-63]

The following restrictions are placed upon the conduct of bingo games as hereby authorized:

A. 

No games of bingo shall be conducted under any license issued hereunder on the first day of the week, commonly called "Sunday," except after the hour of 2:00 p.m.

B. 

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.

C. 

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.

D. 

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.

E. 

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.

F. 

No prize shall exceed the sum or value of $250 in any single game of bingo.

G. 

No series of prizes on any one bingo occasion shall aggregate more than $1,000.

H. 

No person except a bona fide member of any such organization shall participate in the management or operation of such game.

I. 

No person shall receive any remuneration for participating in the management or operation of any game of bingo.

J. 

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.

The Town Board of the Town of Boston shall cause to be investigated the qualifications of each applicant for a license and the merits of each application with due expedition after the filing of the application. The Town Board shall deliver to the Town Clerk the application, together with the supporting documents therefor and the report of its investigation and its determination as to whether or not the requisite conditions have been met by the applicant.

Editor's Note: Amended at time of adoption of Code: see Ch. I, General Provisions, Art. I.

If the Town Board shall determine that the requisite conditions have been met by the applicant and shall so advise the Town Clerk, the Town Clerk shall issue a license to the applicant for the holding, operation and conduct of games of bingo upon payment of a license fee or fees of $10 for each occasion upon which any bingo games are to be conducted under the license, which fees are to be paid into the general funds of the Town of Boston.

On or before the 30th day of each month, the Supervisor of the Town of Boston shall transmit to the State Comptroller a sum equal to 50% of all license fees collected by the Town of Boston pursuant to this Article during the preceding calendar month.

[Adopted 5-6-81 by L.L. No. 3-1981
Editor's Note: Original Section 7 of this Article stated that it superseded and repealed in full the provision of a prior local law designated as "Local Law Number 1 of the year 1979." L.L. No. 1-1979, authorizing games of chance in the Town, was adopted on August 8, 1979, and approved by the voters on November 6, 1979.
]

§ 44-6
Definitions. 

§ 44-7
Games authorized. 

§ 44-8
Restrictions. 

§ 44-9
Conduct of games on Sunday. 

§ 44-10
Enforcement. 

As used in this Article, the following terms shall have the meanings indicated:

AUTHORIZED ORGANIZATION
As defined in Paragraph 4 of § 186 of the General Municipal Law.
GAMES OF CHANCE
As defined in Paragraph 3 of § 186 of the General Municipal Law.
TOWN
The Town of Boston.

Authorized organizations may, upon obtaining a license from the Clerk of the Town of Boston, conduct games of chance within the Town of Boston 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 Article 9-A of the General Municipal Law and the rules and regulations of the New York State Racing and Wagering Board and with this Article.

The conduct of games of chance shall be subject to the restrictions imposed by Article 9-A of the General Municipal Law and the regulations of the New York State Racing and Wagering Board and any amendments made thereto.

Games of chance on the first day of the week, commonly known as "Sunday," may be conducted pursuant to this Article and appropriate statute and regulation.

The chief law enforcement officer, the Sheriff of Erie County, or his designee, shall exercise control over the supervision of all games of chance conducted under an appropriately issued license. Such officer shall have all those powers and duties as set forth in Article 9-A of the General Municipal Law.