Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the North Hempstead Town Board 8-10-1976 as L.L. No. 3, 1976 (this local law was approved by referendum at the general election held on 11-2-1976). Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 5.
This local law shall be known as the "Town of North Hempstead Games of Chance Licensing Law.".
This local law 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.
The Town Board finds the raising of funds for the promotion of bona fide charitable, educational, scientific, health, religious, patriotic and other worthy causes, and where the beneficiaries are undetermined, to be in the public interest, and that the mandate of Section Nine of Article One of the State Constitution, 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.
[Amended 4-10-1979 by L.L. No. 4, 1979]
A. 
The terms and words used in this chapter shall have the meanings as such terms and words are defined in Article 9-A of the General Municipal Law of the State of New York and Title 9, Subtitle T, Chapter IV, of the New York Codes, Rules and Regulations (NYCRR), unless the context requires a different meaning.
B. 
These additional terms shall have the following meanings:
TOWN
The unincorporated areas within the town, along with the areas within any incorporated villages which have authorized the Town Clerk, pursuant to § 187 of the General Municipal Law of the State of New York, to issue licenses for games of chance which are to be conducted within such village.
TOWN CLERK
The Town Clerk of the Town of North Hempstead.
The Town Clerk is hereby delegated the authority granted to the Town Board by the New York State Games of Chance Licensing Law, Article 9-A of the General Municipal Law, in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings, and the collection and transmission of fees.
[Added 4-10-1979 by L.L. No. 4, 1979[1]]
Except as otherwise provided in this chapter, the provisions of Article 9-A of the General Municipal Law of the State of New York and Title 9, Subtitle T, Chapter IV, of the New York Codes, Rules and Regulations, as from time to time amended, shall govern the regulation of games of chance within the town.
[1]
Editor's Note: This local law also repealed former § 22A-6, Restrictions upon conduct of games, as amended 12-14-1976 by L.L. No. 4, 1976; § 22A-7, License requirements; § 22A-8, License conditions, fees and terms, as amended 12-14-1976 by L.L. No. 4, 1976; § 22A-9, Hearing on denial of license; amendments to license; § 22A-10, Form, content and display of license; § 22A-11, Control and supervision of games; § 22A-12, Operation and conduct of games, as amended 12-4-1976 by L.L. No. 4, 1976; § 22A-13, Penalties for offenses; and § 22A-14, When effective.
[Added 4-10-1979 by L.L. No. 4, 1979[1]]
A. 
Conduct of games. The chief law enforcement officer of the County of Nassau shall have and exercise rigid control and close supervision over all games of chance conducted under such license to the end that the same are fairly conducted in accordance with the provisions of such license, the provisions of Article 9-A of the General Municipal Law, Title 9, Subtitle T, Chapter IV, of the New York Codes, Rules and Regulations, and the provisions of this chapter. Such chief law enforcement officer and the New York State Racing and Wagering Board shall have the power and the authority to temporarily suspend any license issued by the Town Clerk, pending a hearing held by the Town Clerk, and after notice and hearing, the Town Clerk or the New York State Racing and Wagering Board may suspend or revoke the same and shall have the right of entry by his or its respective officers and agents at all times into any premises where any game of chance is being conducted or where it is intended that any game of chance shall be conducted or where any equipment being used or intended to be used in the conduct hereof is found, for the purpose of inspecting the same. An agent of the appropriate chief law enforcement officer shall make an on-site inspection during the conduct of all games of chance licensed pursuant to this local law.
B. 
Statement of receipts, expenses; additional license fee. Within seven (7) days after the conclusion of any license period, the authorized organization which conducted the same, its members who were in charge thereof and, when applicable, the authorized games of chance lessor which rented its premises therefor shall each furnish to the Town Clerk 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 and each item of expense incurred or paid and each item of expenditure made or to be made other than prizes; the name and address of each person to whom each such items 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 games of chance during such license period and the use to which such proceeds have been or are to be applied; and a list of prizes offered and given, with the respective values thereof. 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. Upon the filing of such statement of receipts, the authorized organization furnishing the same shall pay to the Nassau County Treasurer, as and for an additional license fee, a sum equal to five percent (5%) of the reported net proceeds, if any, for the license period covered by such statement to defray the actual cost to the County of Nassau and its chief law enforcement officer of controlling and supervising the games of chance authorized by this local law.
[1]
Editor's Note: This local law also repealed former § 22A-6, Restrictions upon conduct of games, as amended 12-14-1976 by L.L. No. 4, 1976; § 22A-7, License requirements; § 22A-8, License conditions, fees and terms, as amended 12-14-1976 by L.L. No. 4, 1976; § 22A-9, Hearing on denial of license; amendments to license; § 22A-10, Form, content and display of license; § 22A-11, Control and supervision of games; § 22A-12, Operation and conduct of games, as amended 12-4-1976 by L.L. No. 4, 1976; § 22A-13, Penalties for offenses; and § 22A-14, When effective.
[Added 4-10-1979 by L.L. No. 4, 1979[1]]
The conduct of games of chance is permitted on any day specified on the license except those days enumerated in the last sentence of § 195 of the General Municipal Law.
[1]
Editor's Note: This local law also redesignated former § 22A-15, Amendments, as § 22A-9 and former § 22A-16, Severability, as § 22A-10.
This local law may be amended from time to time or repealed by the Town Board of the Town of North Hempstead by a two-thirds (2/3) vote of such Town Board. Such amendment or repeal, as the case may be, may be made effective and operative not earlier than thirty (30) days following the date of enactment of the local law effecting such amendment or repeal, as the case may be, and the approval of a majority of the electors of the Town of North Hempstead shall not be a condition prerequisite to the taking effect of such local law.
If any provision of this local law or the application thereof to the Town of North Hempstead or to any person or any such particular circumstances shall be adjudged unconstitutional by any court of competent jurisdiction, the remainder of this local law or the application thereof to the Town of North Hempstead or such other persons and circumstances shall not be affected thereby.