[HISTORY: Adopted by the Town Board of the Town of Brighton 4-23-2003 by L.L. No. 3-2003. Amendments noted where applicable.]
Editor’s Note: Local Law No. 7-2003, adopted 4-23-2003, provided that this local law is subject to permissive referendum.
The purpose and intent of this chapter is to seek to alleviate the financial pressures that affect charitable organizations by allowing such organizations, to the extent permitted by Article 9-A of the General Municipal Law of the State of New York and this chapter, to conduct raffles, as such term is defined in § 186 of the General Municipal Law and this chapter, within the Town of Brighton.
As used in this chapter, all capitalized terms, not otherwise defined herein, shall have the meanings ascribed to them in § 186 of the General Municipal Law of the State of New York.
It shall be lawful for any Authorized Organization, upon obtaining a license therefor as provided in and otherwise complying with the provisions of Article 9-A of the General Municipal Law of the State of New York, to conduct raffles within the territorial limits of the Town of Brighton, subject to the provisions of this chapter, the provisions of Article 9-A of the General Municipal Law and the provisions set forth by the New York State Racing and Wagering Board. Nothing contained herein shall be deemed to authorize any other Games of Chance, or to authorize the conduct of games of Bingo or Lotto, as such terms are defined in Article 14-H of the General Municipal Law, to be conducted within the Town of Brighton.
Each applicant for a Raffle license hereunder shall, after obtaining an identification number from New York State Racing and Wagering Board (“Board”) submit a written application for such license to the Town Clerk, which application shall be in the form prescribed by the Board duly executed and verified by the applicant. In each application there shall be designated not less than four bona fide members of the applicant organization under whom the Raffle will be managed, and such application shall contain the statement required by § 190(1)(B) of the General Municipal Law.
Notwithstanding the provisions of Subsection A above, an Authorized Organization that has obtained an identification number from the Board and has applied for no more than one license to conduct a Raffle during the period not less than 12 nor more than 18 months immediately preceding may file with the Town Clerk a summary application, in the form prescribed by the Board, pursuant to § 190(3) of the General Municipal Law.
Notwithstanding the provisions of Subsections A and B, an authorized organization may filed a verified statement with the Town Clerk and the Board, in lieu of the licensing requirements set forth herein and in the General Municipal Law, attesting that such organization shall derive net proceeds or net profits from Raffles in an amount less than $30,000 during one occasion or part thereof at which Raffles are to be conducted, which statement shall be in the form prescribed by the Board.
The Clerk shall make an investigation of the qualifications of each applicant for a Raffle license, and if the Clerk shall determine that the applicant is duly qualified to be licensed to conduct Raffles, that the member or members of the applicant designated in the application to manage the Raffles are bona fide members of the applicant, are persons of good moral character and have never been convicted of a crime or, if convicted, have received a pardon, a certificate of good conduct or certificate of relief from disabilities, that such Raffle is to be conducted in accordance with the provisions of the General Municipal Law, the rules and regulations of the Board and this chapter and that the proceeds thereof are to be disposed of as provided in the General Municipal Law, and that no commission, salary, compensation, reward or recompense whatever will be paid or given to any person managing, operating or assisting therein, the Clerk shall issue a license to the applicant for the conduct of the Raffle upon payment of a license fee of $25 for each license. If, upon the basis of a summary application as prescribed under Subsection C above, the Clerk shall determine that the applicant is duly qualified to be licensed to conduct Raffles, the Clerk shall forthwith issue such a license. The license issued under this section shall be effective for a period of not more than one year.