[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.]
[Adopted 3-21-58[1]]
[1]
Editor's Note: This Article was approved by the electors on April
15, 1958.
[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:
[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.
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[1]]
[1]
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.
As used in this Article, the following terms shall have the meanings
indicated:
As defined in Paragraph 4 of § 186 of the General Municipal
Law.
As defined in Paragraph 3 of § 186 of the General Municipal
Law.
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.
