[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 9-14-1976;
passed at referendum 11-2-1976. Amendments noted where
applicable.]
A.
BOARD
OFFICER
As used in this chapter, the following terms shall have
the meanings indicated:
The New York State Racing and Wagering Board.
The chief law enforcement officer of a municipality outside the City
of New York or, if such municipality exercises the option set forth in Subdivision
2 of § 194 of Article 9-A of the General Municipal Law, the chief
law enforcement officer of the County of Westchester.
B.
All other terms shall have the meanings as set forth
in said § 186 of said Article 9-A.
A.
It shall be lawful for any bona fide religious or charitable
organization or bona fide educational or service organization or bona fide
organization of veterans or volunteer firemen which, by its charter, certificate
of incorporation, constitution or act of the Legislature, shall have among
its dominant purposes one or more of the lawful purposes as defined in said
Article, provided that each shall operate without profit to its members and
provided that each such organization has engaged in serving one or more of
the lawful purposes as defined in Article 9-A of the General Municipal Law
for a period of three years immediately prior to applying for a license hereunder,
to conduct games of chance as defined in said Article 9-A of the General Municipal
Law subject to the provisions of said Article 9-A of the General Municipal
Law, this chapter and the rules and regulations of the New York State Racing
and Wagering Board or any provisions set forth by said Board.
This chapter shall pertain to and allow games of chance within the territorial
limits of the unincorporated area of the Town of Mount Pleasant, provided
that an authorized organization has applied for and been issued and received
a valid license as set forth herein.
The conduct of games of chance authorized hereby shall be subject to
the following restrictions:
A.
No person, firm, association, corporation or organization,
other than a licensee under the provisions of said Article 9-A, shall conduct
such game or shall lease or otherwise make available for conducting games
of chance a hall or other premises for any consideration whatsoever, direct
or indirect, except as provided in § 190 of Article 9-A.
B.
No game of chance 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 the receipts or net profits
derived from the operations of such game.
C.
No authorized organization licensed under the provisions
of this chapter shall purchase or receive any supplies or equipment specifically
designed or adapted for use in the conduct of games of chance from other than
a supplier licensed by the Board or from another authorized organization.
D.
The entire net proceeds of any game of chance and of
any rental shall be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
G.
No person except a bona fide member of any such organization,
its auxiliary or affiliated organization shall participate in the management
or operation of such game, as set forth in § 195-c of Article 9-A.
H.
No person shall receive any remuneration for participating
in the management or operation of any such game.
A.
To conduct games of chance:
(1)
Each applicant for a license shall, after obtaining an
identification number from the Board, file with the Town Clerk a written application
therefor in a form to be prescribed by the New York State Racing and Wagering
Board, duly executed and verified, in which shall be stated:
(a)
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to enable
such Clerk or department, as the case may be, to determine whether or not
it is bona fide authorized organization.
(b)
The names and addresses of its officers; and the place
or places where, the date or dates and the time or times when the applicant
intends to conduct games under the license applied for.
(c)
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 Article 9-A to conduct such
games or for the use of the premises of an authorized games of chance lessor.[1]
(d)
All other items of expense intended to be incurred or
paid in connection with the holding, operating and conducting of such games
of chance and the names and addresses of the persons to whom and the purposes
for which they are to be paid.
(e)
The purposes to which the entire net proceeds of such
games are to be devoted and in what manner; that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such game or
games or for assisting therein except as in said Article 9-A otherwise provided;
and such other information as shall be prescribed by such rules and regulations.
(2)
In each application there shall be designated not less
than four active members of the applicant organization under whom the game
or 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 such games in accordance with the terms of the license
and the rules and regulations of the Board and of said Article 9-A.
B.
Authorized games of chance lessor. Each applicant for
a license to lease premises to a licensed organization for the purpose of
conducting games of chance therein shall file with the Town Clerk a written
application therefor in a form to be prescribed by the 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 conforms to the specifications
contained in the definition of "authorized organization" set forth in § 186
of said Article 9-A and such other information as shall be prescribed by the
Board.
A.
The Town Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application with due expedition after
the filing of the application.
(1)
Issuance of licenses to conduct games of chance. If such
Clerk shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under said Article 9-A; that the member or members
of the applicant designated in the application to conduct games of chance
are bona fide active members of the applicant and are persons of good moral
character and have never been convicted of a crime or, if convicted, have
received a pardon or a certificate of good conduct; that such games are to
be conducted in accordance with the provisions of said Article 9-A and in
accordance with the rules and regulations of the Board and that the proceeds
thereof are to be disposed of as provided by said Article 9-A, and if such
Clerk or department is satisfied that no commission, salary, compensation,
reward or recompense whatever will be paid or given to any person holding,
operating or conducting or assisting in the holding, operation and conduct
of any such games except as in said Article 9-A otherwise provided; and that
no prize will be given in excess of the sum or value of $100 in any single
game and that the aggregate of all prizes given on one occasion under said
license shall not exceed the sum or value of $1,000, it shall issue a license
to the applicant for the conduct of games of chance upon payment of a license
fee of $25 for each license period.
(2)
Issuance of licenses to authorized games of chance lessors.
If such Clerk shall determine that the applicant seeking to lease a hall or
premises for the conduct of games of chance to an authorized organization
is duly qualified to be licensed under said Article 9-A; that the applicant
satisfies the requirements for an authorized games of chance lessor as defined
in § 186 of said Article 9-A; that such Clerk shall find and determine
that there is a public need and that public advantage will be served by the
issuance of such license; that the applicant has filed its proposed rent for
each games of chance occasion; that there is no diversion of the funds of
the proposed lessee from the lawful purposes as defined in said Article 9-A;
and that such leasing of a hall or premises for the conduct of such games
is to be in accordance with the provisions of said Article 9-A and in accordance
with the rules and regulations of the Board, it shall issue a license permitting
the applicant to lease said premises for the conduct of such games to the
authorized organization or organizations specified in the application during
the period therein specified or such shorter period as such Clerk or department
shall determine, but not to exceed one year, upon payment of a license fee
of $50.
B.
On or before the 30th day of each month, the Treasurer
of the municipality in which the licensed property is located shall transmit
to the State Comptroller a sum equal to 50% of all authorized games of chance
lessor license fees and the sum of $15 per license period for the conduct
of games of chance collected by such Clerk pursuant to this section during
the preceding calendar month.
C.
No license shall be issued under said Article 9-A which
shall be effective for a period of more than one year.
A.
No application for the issuance of a license to an authorized
organization shall be denied by the Town Clerk until after a hearing, held
on due notice to the applicant, at which the applicant shall be entitled to
be heard upon the qualifications of the applicant and the merits of the application.
B.
Any license issued under said Article 9-A may be amended
upon application made to such Clerk which issued it if the subject matter
of the proposed amendment could lawfully and properly have been included in
the original license and upon payment of such additional license fee, if any,
as would have been payable if it had been so included.
A.
Each license to conduct games of chance shall be in a
form as shall be prescribed in the rules and regulations promulgated by the
New York State Board and shall contain a statement of the name and address
of the licensee, of the names and addresses of the member or members of the
licensee under whom the games will be conducted, of the place or places where
and the date or dates and time or times when such games are to be conducted
and of the purposes to which the entire net proceeds of such games are to
be devoted; if any prize or prizes are to be given in cash, a statement of
the amounts of the prizes authorized so to be given; and any other information
which may be required by said rules and regulations to be contained therein,
and each license issued for the conduct of any games shall be conspicuously
displayed at the place where same is to be conducted at all times during the
conduct thereof.
B.
Each license to lease premises for conducting games of
chance will be in such form as shall be prescribed in the rules and regulations
of the Board and shall contain a statement of the name and address of the
licensee and the address of the leased premises, the amount of permissible
rent and any information which may be required by said rules and regulations
to be contained therein, and each such license shall be conspicuously displayed
upon such premises at all times during the conduct of games of chance.
A.
The officer 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 the rules and regulations promulgated by
the Board and the provisions of said Article 9-A, and such officer and the
Board shall have the power and the authority to temporarily suspend any license
issued by the Clerk pending a hearing; and after notice and hearing, the Board
may suspend or revoke the same and, additionally, impose a fine in an amount
not exceeding $1,000 for the violation of any such provisions and shall have
the right of entry, by their 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 such game shall 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 or department
shall make an on-site inspection during the conduct of all games of chance
licensed pursuant to said Article 9-A.
B.
Service of alcoholic beverages. Subject to the applicable
provisions of the Alcoholic Beverage Control Law, beer may be offered for
sale during the conduct of games of chance, but the offering of all other
alcoholic beverages is prohibited.
[Amended 4-13-2004]
All licenses issued by the Town Clerk shall authorize and provide in
the license for the holding, operating and conducting games of chance on the
first day of the week, commonly known and designated as "Sunday," only between
the hours of noon and midnight, except no games shall be conducted on Easter
Sunday or Christmas Day.
[Amended 3-13-2001 by L.L. No. 1-2001]
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 Article
9-A. 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 Article 9-A.
No game or games of chance shall be conducted under any license issued
under Article 9-A 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, 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 closing period of 2:00 a.m. shall also
apply to a legal holiday.
A.
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 the holding, operating or conducting of any game of chance
under such license except such an active member or a member of an organization
or association which is an auxiliary to the licensee or a member of an organization
of association of which such licensee is an auxiliary or member of an organization
or association which is affiliated with the licensee by being, with it, auxiliary
to another organization or association.
B.
No games of chance shall be conducted with any equipment
except such as shall be owned or leased by the authorized organization so
licensed or used without payment of any compensation therefor by the licensee.
C.
At least two officers, directors, trustees or clergy
of the authorized organization shall, upon request, certify, under oath, that
the person assisting in holding, operating or conducting any game of chance
are bona fide members of such authorized organization, auxiliary or affiliated
organization. Upon request by an officer or the department, any such person
involved in such games of chance shall certify that he or she has no criminal
record.
D.
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
Article 9-A 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 Board, janitorial services and utility supplies, if any,
and license fees, and the cost of bus transportation, if authorized by such
officer or departments.[1]
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 licensee issued under Article 9-A. The officer may in his 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.
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
or the prizes awarded or to be awarded or transportation facilities to be
provided to such game by means of newspapers, radio, television or sound trucks
or by means of billboards, posters or handbills or by 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.
A.
Within seven days after the conclusion of any license
period, the authorized organization which conducted the same 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 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 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.
B.
Upon the filing of such statement of receipts, the authorized
organization furnishing the same shall pay to the Clerk as and for an additional
license fee a sum based upon the reported net proceeds, if any, for the license
period covered by such statement and determined in accordance with such schedule
as shall be established from time to time by the Board to defray the actual
cost to municipalities or counties of administering the provisions of Article
9-A, but such additional license fee shall not exceed 5% of the net proceeds
for such occasion.[1]
A.
The Clerk and the Board shall have power to examine or
cause to be examined the books and records of:
(1)
Any authorized organization which is or has been licensed
to conduct games of chance, so far as they may relate to games of chance,
including the maintenance, control and disposition of net proceeds derived
from games of chance or from the use of its premises for games of chance.
and to examine any manager, officer, director, agent, member or employee thereof
under oath in relation to the conduct of any such game under any such license,
the use of its premises for games of chance or the disposition of net proceeds
derived from games of chance, as the case may be.
(2)
Any authorized games of chance lessor so far as they
may relate to leasing premises for games of chance and to examine said lessor
or any manager, officer, director, agent or employee thereof under oath in
relation to such leasing.
Any applicant for, or holder of, any license issued or to be issued
under Article 9-A aggrieved by any action of an officer or Clerk to which
such application has been made or by which such license has been issued may
appeal to the Board from the determination of said officer or Clerk, by filing
with such officer or Clerk a written notice of appeal within 30 days after
the determination or action appealed from, and, upon the hearing of such appeal,
the evidence, if any, taken before such officer or Clerk and any additional
evidence may be produced and shall be considered in arriving at a determination
of the matters in issue, and the action of the Board upon said appeal shall
be binding upon such officer or Clerk and all parties to said appeal.
No person, association, corporation or organization lawfully conducting
or participating in the conduct of games of chance or permitting the conduct
upon any premises owned or leased by him or it under any license lawfully
issued pursuant to Article 9-A 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 Article 9-A but 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 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.
Any person, association corporation or organization who or which shall
do any of the following shall be guilty of a misdemeanor and shall forfeit
any license issued under Article 9-A and shall be ineligible to apply for
a license under Article 9-A for at least one year thereafter:
A.
Make any material false statement in any application
for any license authorized to be issued under Article 9-A.
B.
Pay or receive for the use of any premises for conducting
games of chance a rental in excess of the amount specified as the permissible
rent in the license provided for in Subdivision 2 of § 193 of Article
9-A.
C.
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.
D.
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.
E.
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 Article 9-A.
Any person, association, corporation or organization holding, operating
or conducting a game or games of chance is guilty of a misdemeanor, except
when operating, holding or conducting:
B.
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:
(1)
The organization has applied for and received an identification
number from the Board.
(2)
No player or other person furnishes anything of value
for the opportunity to participate.
(3)
The prizes awarded or to be awarded are nominal.
(4)
No person other than a bona fide active member of the
organization participates in the conduct of the games.
(5)
No person is paid for conducting or assisting in the
conduct of the game or games.
Any such local law, or ordinance may be amended, from time to time,
or repealed by the Common Council or other local legislative body of the municipality
which enacted it by a vote of 2/3 of such legislative body, and such amendment
or repeal, as the case may be, may be made effective and operative not earlier
than 30 days following the date of the enactment of the local law or ordinance
effecting such amendment or repeal, as the case may be; and the approval of
a majority of the electors of such municipality shall not be a condition prerequisite
to the taking effect of such local law or ordinance.
The unauthorized conduct of a game of chance shall constitute and be
punishable as a misdemeanor.
