[Adopted 9-23-1974 as Ch. 12 of the 1974 Municipal
Code]
The purpose of this Article is to permit the operation of the game of
bingo by authorized organizations in the Town of Newburgh pursuant to Article
1, § 9, of the Constitution of the State of New York and as implemented
by the State Bingo Control Law and the Bingo Licensing Law.
It shall be lawful for any authorized organization, as defined in § 476
of Article 14-H of the General Municipal Law of the State of New York, upon
obtaining the required license, to conduct the game of bingo within the territorial
limits of the Town of Newburgh, New York, subject to the provisions of this
Article, Article 14-H of the General Municipal Law, Article 19-B of the Executive
Law and any amendments to said laws.
The conduct of bingo games authorized by this Article shall be subject
to the following restrictions:
A. No person, firm, association, corporation or organization
other than a 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 bingo a hall or other premises for any consideration whatsoever,
direct or indirect.
B. No bingo games 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 operation of such game.
C. 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 use in the conduct
of bingo games from other than a supplier licensed under the Bingo Control
Law or from another authorized organization.
D. 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.
E. No prize shall exceed the sum or value of two hundred
fifty dollars ($250.) in any single game of bingo.
F. No series of prizes on any one (1) bingo occasion shall
aggregate more than one thousand dollars ($1,000.).
G. No person except a bona fide member of any such organization
shall participate in the management or operation of such game.
H. No person shall receive any remuneration for participating
in the management or operation of any game of bingo.
I. The unauthorized conduct of a bingo game and any willful
violation of any provisions of this Article shall constitute and be punishable
as a misdemeanor.
J. Limited period bingo shall be conducted in accordance
with the provisions of Article 14-H of the General Municipal Law and the rules
and regulations of the New York State Racing and Wagering Board.
The Town Clerk is hereby designated to exercise all of the authority
granted to the Town Board under § 498 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.
[Added 2-24-1975 by Ord. No. 75-2]
A. Games of bingo may be conducted in the town on the first
day of the week, commonly known and designated as "Sunday," provided that
the license to conduct such game so specifies.
B. Any license issued pursuant to this Article shall specify
that the holding, operating and conducting of the game of bingo on Sunday
is permissible unless the Town Clerk shall determine that the conduct of the
game on Sundays shall interfere with the good order and repose of the neighborhood
where the game is to be conducted.
[Adopted 10-4-1976 as L.L. No. 3-1977 ]
The Town Board finds 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, to be in
the public interest and that the mandate of § 9 of Article 1 of
the Constitution of the State of New York, 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.
This Article 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 Clerk is hereby delegated the authority granted to the Town
Board by Article 9-A of the General Municipal Law, entitled "Local Option
for Conduct of Games of Chance by Certain Organizations," in relation to the
issuance, amendment and cancellation of licenses, the conduct of investigations
and hearings and the collection and transmission of fees.
No person, firm, association, corporation or organization other than
an authorized organization licensed under the provisions of this Article shall
be permitted to conduct games of chance within the territorial limits of the
Town of Newburgh.