[HISTORY: Adopted by the Town Board of the
Town of New Berlin 11-20-2023 by L.L. No. 7-2023. Amendments noted where applicable.]
The purpose of this chapter is to render it lawful for any authorized
organization as defined in § 476 of the General Municipal
Law, upon obtaining the required license, to conduct the game of bingo
within the territorial limits of the Town of New Berlin, subject to
the provisions of this chapter, Article 14-H of the General Municipal
Law and Article 19B of the Executive Law.
No person, firm, association, corporation or organization other
than the 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 a bingo hall or other premises for any
consideration whatsoever, directly or indirectly. Applications for
a license shall be pursuant to § 480 of the General Municipal
Law.
The Town Board may delegate to an officer(s) of the Town of
New Berlin designated by it for that purpose any of the authority
granted to the Town Board pursuant to this chapter and Article 14-H
of the General Municipal Law in relation to the issuance, amendment
and cancellation of licenses, the conduct of investigations and hearings,
the supervision of the operation of the games and the collection and
transmission of fees.
No bingo game 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 receipts rent profits derived
from the operation of such games.
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 such
use in the conduct of bingo games from other than a supplier licensed
under the Bingo Control Law or another authorized organization.
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.
A. No prize shall exceed the sum or value of $250 in any single game
of bingo.
B. No series of prizes on any one bingo occasion shall aggregate more
than $1,000.
A. No person except a bona fide member of any such organization shall
participate in the management or operation of such game.
B. No person shall receive any remuneration for participating in the
management or operation of any game of bingo.
A. No person under the age of 18 years shall be permitted to play any
game(s) of bingo conducted pursuant to any license issued under this
chapter unless accompanied by an adult. Nor shall any person under
the age of 18 years conduct or assist in the conduct of any game of
bingo conducted pursuant to any license issued under this chapter.
B. Game(s) of bingo, except limited-period bingo, shall:
(1) Not be conducted under any license issued under this chapter more
often than on 18 days in any three successive months;
(2) Be conducted between the hours of 9:00 a.m. and 12:00 midnight; and
(3) Not be conducted on more than three occasions on the same premises
during the above-stated hours.
C. Game(s) of limited-period bingo shall:
(1) Not be conducted under any license under this chapter for a period
of more than seven of 12 consecutive days in any one year;
(2) Be conducted between the hours of 12:00 noon and 12:00 midnight,
and
(3) Not be conducted on more than two occasions in any one day.
No authorized organization licensed to conduct limited-period
bingo shall be otherwise eligible to conduct bingo in the same calendar
year.
D. No games(s) or bingo shall be conducted in any room or outdoor area
where alcoholic beverages are sold, served or consumed during the
progress of the game(s). No alcoholic beverage shall be given as a
prize in any game of bingo.
E. No items of expense shall be incurred or paid in connection with
the conducting of any game of bingo pursuant to any license issued
under this chapter, except those that are reasonable and are necessarily
expended for:
(1) Bingo supplies and equipment;
(4) Bookkeeping or accounting services according to the schedule of compensation
prescribed by the Commission;
(5) Janitorial services and utility supplies, if any;
(7) The cost of bus transportation, if authorized.
A. Within seven days after the conclusion of any occasion of bingo,
the authorized organization which conducted the games, and its members
who were in charge of the games, and when applicable, the authorized
organization which rented its premises for the conduct of the games,
shall each furnish to the Town Clerk a financial statement in the
form prescribed by the Commission subscribed by the member in charge
and affirmed by him as true, under the penalties of perjury, showing:
(1) The amount of the gross receipts derived from the games and each
item of expense incurred or paid, and each item of expense made or
to be made;
(2) The name and address of each person to whom each item of expenditure
has been paid, or is to be paid, with a detailed description of the
merchandise purchased or the services rendered;
(3) The net proceeds derived from the games or rental, as the case may
be, and the use to which the net proceeds have been are to be applied;
and
(4) A list of prizes offered and given, with their respective values.
B. It shall be the duty of each licensee to maintain and keep books
and records as may be necessary to substantiate the particulars of
each financial statement.
Limited-period bingo shall be conducted in accordance with Article
14-H of the General Municipal Law and the rules and regulations of
the Racing and Wagering Board.
The unauthorized conduct of a bingo game and any willful violation
of any provision of this chapter shall constitute and be punishable
as a misdemeanor.
If any clause, sentence, phrase, paragraph or any part of this
chapter shall for any reason be adjusted finally by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter, but shall be confined
in its operation and effect to the clause, sentence, phrase, paragraph
or any part thereof, directly involved in the controversy or action
in which such judgment shall have been rendered. It is hereby intended
to be the legislative intent that the remainder of this chapter would
have been adopted had any such provisions not been included.
This chapter shall be submitted for the approval of the electors
of the Town of New Berlin at the general election in such Town to
be held on November 7, 2023, in accordance with § 23 of
the Municipal Home Rule Law of the State of New York.
Subsequent to being effective, this chapter may be amended,
from time to time, or repealed by the Town Board and the amendment
or repeal, as the case may be, may be made effective and operative
not earlier than 30 days following the date of enactment of the Local
Law effecting the amendment of repeal, as the case may be; and the
approval of a majority of the electors of the Town of New Berlin shall
not be a condition prerequisite to the taking effect of the local
law effecting the amendment or repeal.
This chapter shall take effect immediately upon filing with
the Office of the Secretary of State of the State of New York, in
accordance with the applicable provisions of law, and specifically
Article 3, § 27 of the New York State Municipal Home Rule
Law.