[HISTORY: Adopted by the Town Board of the Town of Putnam Valley 2-16-1977
by L.L. No. 2-1977 (Ch. 6 of the 1974 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 54.
This chapter shall be cited and may be referred to as the "Games of
Chance Licensing Law."
This chapter is enacted pursuant to the authority granted by Chapter
960, Laws of the State of New York, 1976, which amended the General Municipal
Law of the State of New York by adding a new article, Article 9-A, thereto.
A.
It is declared to be the public policy of the Town of
Putnam Valley that 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, is in the public interest. It hereby
finds that, as conducted prior to the enactment of this chapter, games of
chance were the subject of exploitation by professional gamblers, promoters
and commercial interests.
B.
It is hereby declared to be the policy of the Town Board
of the Town of Putnam Valley that all phases of the supervision, licensing
and regulation of games of chance and the conduct of games of chance should
be closely controlled and that the laws and regulations pertaining thereto
should be strictly construed and rigidly enforced.
This chapter shall be applicable to all territory within the limits
of the Town of Putnam Valley.
For the purposes of this chapter, the terms used herein shall have the
meanings ascribed to them in General Municipal Law Article 9-A.
It shall be lawful for any authorized organization, as defined in Article
9-A of the General Municipal Law, upon obtaining a license as provided for
thereunder and complying with all other rules and regulations, powers and
duties of the New York State Racing and Wagering Board and all other rules
and regulations as set forth in Article 9-A of the General Municipal Law,
to conduct a game or games of chance in the territory of the Town of Putnam
Valley.
All games of chance shall be conducted in accordance with General Municipal
Law § 189.
A.
Participation by persons under 18. No person under the
age of 18 years shall be permitted to play any game or 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.
Frequency of games. No game or 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 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and Thursday,
and only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday,
and only between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday.
The 2:00 a.m. closing period shall also apply to a legal holiday.
C.
Charge for admission and participation; prize amounts;
award of prizes. Not more than $2 shall be charged by any licensee for admission
to any room or place in which any game or games of chance are to be conducted
under any license issued under this chapter. The officer or department may,
in its discretion, fix a minimum fee. Every winner shall be determined and
every prize shall be awarded and delivered within the same calendar day as
that upon which the game was played. No alcoholic beverage shall be offered
or given as a prize in any game of chance.
D.
Advertising games. No game of chance conducted or to
be conducted in this state shall be advertised as to its location, the time
when it is to be or has been played, the prizes awarded or to be awarded or
transportation facilities to be provided to such game by means of newspapers,
radio, television or sound tracks or by means of billboards, posters 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, as the case may be.
E.
Statement of receipts and expenses; additional license
fees.
(1)
Within seven days after the conclusion of any license
period, the authorized organization which conducted the game and its members
who were in charge thereof and, when applicable, the authorized organization
which rented its premises therefor shall each furnish to the clerk or department
a statement subscribed by the member in charge and affirmed by him or her
as true, under the penalties of perjury, showing the amount of the gross receipts
derived therefrom and 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 such 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 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, 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.
(2)
Upon the filing of such statement of receipts, the authorized
organization furnishing same shall pay to the clerk as and for an additional
license fee a sum based upon the reported net proceeds for the license period
covered by such statement, an amount equal to 5% of the net proceeds for such
occasion.
[Amended 8-17-1977 by L.L. No. 7-1977]
An application for a license to conduct games of chance and authorized
games of chance lessor shall be in accordance with the requirements set forth
in § 190 of Article 9-A of the General Municipal Law.
The investigation of applicants and matters to be determined, issuance
of the license, license fees and duration shall be in accordance with § 191
of Article 9-A of the General Municipal Law.
Hearings and amendment of licenses shall be in accordance with § 192
of Article 9-A of the General Municipal Law.
The control and supervision, suspension of licenses and inspection of
premises shall be in accordance with § 193 of Article 9-A of the
General Municipal Law.
Any person, association, corporation or organization who or which shall
make any material false statement in any application for any license authorized
to be issued under this chapter or in violation of any of the other terms
and conditions or other applicable provisions of said Article 9-A of the General
Municipal Law shall constitute a misdemeanor and shall forfeit any license
issued under this chapter, and shall be subject to any and all other penalties
set forth in Article 9-A of the General Municipal Law.
The enforcement officer of the provisions of this chapter shall be the
chief law enforcement officer of the Town of Putnam Valley.
Except as provided in § 195-k of Article 9-A of the General
Municipal Law, the provisions of this chapter shall be inoperative unless
and until a proposition therefor submitted at a general or special election
in the Town of Putnam Valley shall be approved by a vote of the majority of
the qualified electors in the Town of Putnam Valley voting thereon.[1]
[1]
Editor's Note: This local law was passed by a majority of the
electors at a special election 6-4-1977.
This chapter may be amended from time to time or repealed by the Town
Board of the Town of Putnam Valley by a 2/3 vote of said Town Board, and such
amendment or repeal, as the case may be, may be effective and operative not
earlier than 30 days following the date of enactment of the local law affecting
such amendment or repeal, and the approval of a majority of electors of the
Town of Putnam Valley shall not be a condition prerequisite to the taking
effect of such local law.
