[HISTORY: Adopted by the Town Board of the
Town of Southeast 7-20-1995 by L.L. No. 3-1995. Amendments noted where
applicable.]
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.
A.
As used in this chapter, the terms "authorized games
of chance lessor," "authorized organization," "authorized supplier
of games of chance equipment," "games of chance," "lawful purposes,"
"net lease," "net proceeds," "one occasion," "prize," "series of prizes"
and "license period" shall have the meanings designated in the definitions
set forth in Article 9-A of the General Municipal Law.
B.
LICENSED PERIOD
OFFICER
STATE BOARD
TOWN BOARD
TOWN CLERK
As used in this chapter, the following terms shall
have the meanings indicated:
A period of time not to exceed 14 consecutive hours.
The chief law enforcement officer of the County of Putnam.
The New York State Racing and Wagering Board.
The Town Board of the Town of Southeast.
The Town Clerk of the Town of Southeast.
C.
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.
The Town Clerk is hereby delegated the authority
granted to the Town 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 Town of Southeast.
A.
Each applicant for license, after obtaining an identification
number from the State Board, shall file with the Town Clerk a written
application therefor in a form to be prescribed by the State Board
or the Town 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 Town 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 and the date and time when 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 another authorized organization licensed under his 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 to 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)
The name of each single type of game of chance to
be conducted under the license applied for and the number of merchandise
wheels and raffles, if any, to be operated.
(8)
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 active members of the applicant organization under
whom the games of chance will be conducted, and to the application
shall be appended a statement executed by the members so designated
that they will be responsible for the conduct 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 Town Clerk a written application therefor
in a form to be prescribed by the State Board or the Town 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 organization" 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.
D.
Any authorized organization having obtained an identification number from the State Board and having applied for no more than one license to conduct games of chance during the period not less than 12 nor more than 18 months immediately proceeding may file with the Town Clerk a summary application in a form prescribed by the State Board duly executed and verified, containing the names and addresses of the applicant organization and its officers, the date, time and place or places were the applicant intends to conduct games under the license applied for, the purposes to which the entire net proceeds of such games are to be devoted and the information and statement required under Subsection C of this section.
A.
No person, firm, association, corporation or organization other than a licensee under the provisions of this chapter shall conduct a game of chance or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, directly or indirectly, except as provided in § 80-5 of this chapter.
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 and
of any rental shall be exclusively devoted to the lawful purposes
of the organization permitted to conduct the same.
E.
No single prize awarded by games of chance other than
raffle shall exceed the sum or value of $300, except that for merchandise
wheels, 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 this chapter includes a statement
of its intent to award a prize having such value. No single wager
shall exceed $6, and for bell jars 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.
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 one merchandise
wheel and $3,000 during the successive operations of any bell jar.
No series of prizes awarded by raffle shall have an aggregate value
in excess of $100,000.
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.
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, raffles and bell jars, no series of prizes on any one occasion
shall aggregate more than $500 when the licensed authorized organization
conducts less than five single types of games of chance, exclusive
of merchandise wheels, raffles and bell jars, during any one license
period. No authorized organization shall award by raffle prizes with
an aggregate value in excess of $100,000 during any one license period.
I.
No person except a bona fide member of any authorized organization or its auxiliary or affiliated organization shall participate in the management or operation of a game of chance as set forth in § 80-12 of this chapter.
J.
No person shall receive any remuneration for participating
in the management or operation of any game of chance.
K.
The conduct of games of chance on Sunday is only permitted
when it is specifically provided for in the license issued, and when
so permitted shall be conducted only between the hours of 12:00 noon
and 12:00 midnight. No games of chance, however, shall be conducted
on Easter Sunday, Christmas Day or New Year's Eve.
L.
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 Title 12, Subpart 36, of the Codes, Rules and Regulations of the State of New York and the provisions of Chapter 54 of the Code of the Town of Southeast.
M.
No game of chance shall be conducted on other than
the premises of an authorized organization or an authorized games
of chance lessor. Nothing herein shall prohibit the sale of raffle
tickets to the public outside the premises of an authorized organization
or an authorized games of chance lessor; provided, however, that no
sale of raffle tickets shall be made more than 180 days prior to the
date scheduled for the occasion at which the raffle will be conducted.
The winner of any single prize in a raffle shall not be required to
be present at the time such raffle is conducted.
N.
Subject to the provisions of the Alcoholic Beverage
Control Law, beer may be offered for sale during the conduct of games
of chance on games of chance premises as such premises are defined
in Article 9-A of the General Municipal Law; provided, however, that
nothing herein shall be construed to limiting the offering for sale
of any other alcoholic beverage in areas other than the games of chance
premises or the sale of any other alcoholic beverage in premises where
only the games of chance known as "bell jar" and "raffles" are conducted.
A.
The Town 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 Town 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 Town Clerk is satisfied that no commission, salary, compensation, reward or recompense whatsoever shall be paid or 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; and that no prize will be given in excess of the amounts set forth in § 80-6 hereof, the Town Clerk shall issue a license to the applicant for the conduct of games of chance, upon payment of a license fee of $25 for each license period.
C.
If the Town 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 Town 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, he shall issue
a license permitting the applicant to lease said premises for the
conduct of games of chance to the authorized organization set forth
in the application during the period therein specified or such shorter
period as the Town Clerk shall determine, but not to exceed one year,
upon payment of a license fee of $50.
D.
Under this chapter, no license shall be issued which
shall be effective for a period of more than one year.
E.
If, upon the basis of a summary application as prescribed under Subsection D of § 80-5 of this chapter, the Town Clerk shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this chapter, said Town Clerk shall forthwith issue said license. In the event that the Town Clerk has reason to believe that the application is not qualified, the applicant shall be directed to file an application pursuant to Subsection A of § 80-5 of this chapter.
A.
No application for the issuance of a license to an
authorized organization shall be denied by the Town 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 Town Clerk to which an application
has been made or by which a license has been issued may appeal to
the State Board from the determination of the Town Clerk by filing
with the Town Clerk written notice of appeal within 30 days after
the determination or action appealed from; and, upon the hearing of
such appeal, the evidence, if any, taken before the Town 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 Town Clerk
and all parties to said appeal.
C.
Any license issued hereunder may be amended upon application
to the Town 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 Town 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, the name of each single
type of game to be conducted under the license, and the number of
merchandise wheels and raffles, if any, to be operated. 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 Town Clerk and shall contain
a statement of the name and address 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 the games of chance.
A.
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.
B.
The officer and the State Board shall have the power
and authority to temporarily suspend any license issued by the Town
Clerk pending a hearing.
C.
The officer and 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
the 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 days after the conclusion of any licensed
period, other then a license period for a raffle, or as otherwise
prescribed by the Board, the authorized organization which conducted
the games of chance, its members who were in charge thereof and, when
applicable, the authorized organization which rented its premises
therefor shall each furnish to the Town Clark and the State Board
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 has
been paid or is to be paid, with a detailed description of the merchandise
purchased or the services rendered therefor; the net proceeds derived
from the conduct of the games of chance during the licensed 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 or given.
B.
Within 30 days after the conclusion of an occasion
at which a raffle was conducted, the authorized organization conducting
such raffle and the members in charge of such raffle and, when applicable,
the authorized games of chance lessor which rented its premises therefor
shall each furnish to the Clerk or department a statement, on a form
prescribed by the Board, subscribed by the member in charge and affirmed
by him as true, under the penalties of perjury, showing the number
of tickets printed, the number of tickets sold, the price and the
number of tickets returned to or retained by the authorized organization
as unsold, a description and statement of the fair market value for
each prize actually awarded, the amount of the gross receipts derived
therefrom, each item of expenditure made or to be made other than
prizes, the name and address of each person to whom each such item
of expense has been paid or is to be paid, a detailed description
of the merchandise purchased or the services rendered therefor, the
net proceeds derived from the raffle at such occasion and the use
to which the proceeds have been or are to be applied; and it shall
be the duty of each licensee to maintain and keep such books and records
as may be necessary to substantiate the particulars of each such statement.
C.
Any authorized organization required to file an annual report with the Secretary of State pursuant to Article 7-A of the Executive Law or the Attorney General pursuant to Article 8 of the Estates, Powers and Trusts Law shall include with such annual report a copy of the statement recruited to be filed with the Clerk or department pursuant to Subsection A or B of this section.
D.
Upon the filing of such statement of receipts pursuant to Subsection A or B of this section, the authorized organization furnishing the same shall pay to the Town Clerk as and for an additional license fee a sum based upon the reported net proceeds, if any, for the license period or, in the case of raffles, for the occasion covered by such statement and determined in accordance with such schedule as shall be established from time to time by the Town Board, not to exceed 5% of the net proceeds for each license period.
E.
Examination of records.
(1)
The officer, Town Clerk and State Board shall have
the power to examine or cause to be examined the books and records
of:
(a)
Any authorized organization which is or has
been licensed to conduct games of chance, as 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.
(b)
Any authorized games of chance lessor, as far
as the same may relate to leasing premises for games of chance, and
to examine said lessor or any manager, officer, director, agent or
employee thereof under oath in relation to said leasing.
(2)
Any information so received shall not be disclosed
except for the purpose of carrying out the provisions of this chapter.
A.
No person under the age of 18 years shall be permitted
to attend, to conduct or to assist in the conduct of any game of chance
conducted pursuant to any license issued under this chapter.
B.
No games of chance shall be conducted under any license
issued under this chapter more often than 12 times in any calendar
year. Games of chance 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 Friday and 2:00
a.m. Saturday; and only between the hours of 12:00 noon Saturday and
2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to
a legal holiday. The above restrictions shall not apply when only
the game of chance known as the "bell jar" is conducted.
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. At least two officers, directors, trustees
or clergy 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,
auxiliary or affiliated 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
and 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 cost
of bus transportation, if authorized by the officer.
F.
Not more than $2 shall be charged by any licensee
for admission to any room or place in which any games of chance are
to be conducted under any license issued under this chapter. Every
winner shall be determined and every prize shall be awarded and delivered
on the same calendar day as the game was played.
G.
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 any provision of Article 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.
H.
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 § 80-5 of this chapter for the use of any premises for conducting games of chance; shall fail to keep such books and records as shall 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 the 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 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 year thereafter.
I.
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 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 number 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 games of chance.
(e)
No person is paid for conducting or assisting
in the conduct of the games of chance.
J.
No alcoholic beverage shall be offered or given as
a prize in any games of chance.
K.
The unauthorized conduct of a game of chance shall constitute a misdemeanor punishable by a fine not to exceed $500 or imprisonment for a period not to exceed six months for each offense, or by both such fine and imprisonment. In addition, the unauthorized conduct of a game of chance, as outlined in Subsection I hereunder shall result in the forfeiture of any license issued under this chapter and shall bar the person, firm, corporation, association or organization from applying for a license under this chapter for at least one year, at the discretion of the State Board.
