[HISTORY: Adopted by the Town Board of the Town of Greenville 9-8-1977
by L.L. No. 4-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 77.
The Town Board finds the raising of funds for the promotion of bona
fide charitable, educational, scientific, health, religious and patriotic
causes and undertakings, where the beneficiaries are undetermined, to be in
the public interest and that the mandate of § 9 of Article I of
the Constitution of the State of New York, as amended, should be carried out
by rigid regulations to prevent commercialized gambling, prevent participation
by criminal and other undesirable elements and prevent the diversion of funds
from the purposes herein authorized.
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 options 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" and "prize" 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
In addition, the following terms shall have the meanings
indicated:
A period of time not to exceed 14 consecutive hours.
The Chief of Police of the Town of Greenville.
The New York State Racing and Wagering Board.
The Town Board of the Town of Greenville.
The Town Clerk of the Town of Greenville.
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 of
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 Greenville.
A.
Each applicant for a 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, duly executed and
verified, in which shall be stated:
(1)
The name and address of the applicant, together with
sufficient facts relating to its organization and/or incorporation 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, the place where
and the date(s) and time(s) 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 this 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 designated in the application
to conduct games of chance has ever been convicted of a crime; or if convicted,
that he has received a pardon or a certificate of good conduct.
(7)
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 fewer
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, duly executed and verified, which shall set forth the
name and address of the applicant; designation and address of the premises
intended to be covered by the license sought; a statement that the applicant
in all respects conform with 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.
All games of chance conducted in the Town shall be subject to the restrictions
imposed by General Municipal Law § 189, as amended.[2]
[2]
Editor's Note: Former Sections 8, 9 and 10, which regulated the investigation of applicants, issuance of licenses, hearings and appeals of decisions and the form, content and display of licenses, which sections immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Article I). Current regulation of the subjects of said sections can be found in General Municipal Law Article 9-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. 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. The officer and State Board shall have the right
to 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.[1]
[1]
Editor's Note: Former Subsection B, which regulated the provision of alcoholic beverages during games of chance, and former Section 12, which regulated the postgame procedure for filing receipts and payment of additional fees, and which sections immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Article I). Current provisions are found in General Municipal Law §§ 194 and 195-f, respectively.
A.
No person under the age of 18 years shall be permitted
to play any games of chance conducted pursuant to any license issued under
this chapter. No person under the age of 18 years shall be permitted to conduct
or 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
shall be conducted only between the hours of noon and midnight on Monday,
Tuesday, Wednesday, Thursday, between the hours of noon on Friday and 2:00
a.m. Saturday and between the hours of noon on Saturday and 2:00 a.m. on Sunday.
The 2:00 a.m. closing period shall also apply to legal holidays.
C.
No person shall hold, 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 of 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 on auxiliary or 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, 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 prized shall be awarded and delivered on the same calendar day as
the game was played. No alcoholic beverage shall be offered or given as a
prize in any game of chance.
G.
No games of chance conducted or to be conducted in the
Town of Greenville shall be advertised as to its location, the time when it
is to be or has been played or the prizes awarded or to be awarded or transportation
facilities to be provided to such games by means of newspaper, radio, television
or sound tracks or by means of billboards, poster or handbills or any other
means addressed to the general public, except that one sign not exceeding
60 square feet in area may be displayed on or adjacent to the premises owned
or occupied by a licensed authorized organization, and when an organization
is licensed to conduct games of chance on premises of an authorized games
of chance lessor, one additional such sign may be displayed on or adjacent
to the premises in which the games are to be conducted. Additional signs may
be displayed upon any fire-fighting equipment belonging to any licensee which
is a volunteer fire company or upon any first-aid or rescue squad in and throughout
the community or communities served by such volunteer fire company or such
first-aid or rescue squad.
H.
No person, association, corporation or organization lawfully
conducting or participating in this 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.
A.
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 permissive rent in the license provided for in § 123-6 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.
B.
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 article; 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 the games of chance.
(e)
No person is paid for conducting or assisting in the
conduct of the games of chance.
C.
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
This chapter shall be subject to a mandatory referendum pursuant to
the provisions of the General Municipal Law Article 9-A and the Municipal
Home Rule Law of the State of New York, which referendum shall be conducted
at a time to be determined by the Town Board, and if the voters qualified
to vote in the mandatory referendum approve games of chance, this chapter
shall be come effective 30 days thereafter.[1]
[1]
Editor's Note: This chapter was approved by the electorate at
a referendum.
