Town of Riga, NY Chapter 55 Games of Chance

[HISTORY: Adopted by the Town Board of the Town of Riga: Art. I, 4-22-1958, amended in its entirety 9-25-1979 by L.L. No. 5-1979; Art. II, 2-23-1978 as L.L. No. 1-1978. Other amendments noted where applicable.]

Article I Bingo

[Adopted 4-22-1958; amended in its entirety 9-25-1979 by L.L. No. 5-1979]

§ 55-1 Territory in which applicable.

This Article shall be applicable to all territory within the limits of the Town of Riga, excluding the territory embraced in any incorporated village in said town.

§ 55-2 Bingo legalized for authorized organizations.

It shall be lawful for any authorized organization, namely, a bona fide religious, charitable or nonprofit organization of veterans, volunteer firemen and similar nonprofit organizations, upon obtaining a license therefor as provided by the General Municipal Law, Article 14-H, and rules and regulations adopted by the State Racing and Wagering Board pursuant to the State Lottery Control Law, to conduct the game or games of bingo in the territory of the Town of Riga. This Article incorporates the provisions of the aforesaid statutes with reference to the application for licenses; investigation, issuance and duration of licenses; hearings; form, contents and display of licenses; control, supervision and inspection of premises; suspension of licenses; conduct of games; charge for admission and participation; amount of prizes; advertising of games; statement of receipts; examinations; and all other regulations contained in said statutes by reference as if set forth in full herein.

§ 55-3 Restrictions upon conduct of games.

In addition to the several restrictions imposed by the Bingo Licensing Law (General Municipal Law, Article 14-H), the following additional restrictions are hereby imposed on the conduct of such games in the Town of Riga:

A. Games of bingo may be conducted under any license issued under this Article, as amended, on the first day of the week, commonly known and designated as "Sunday," provided that the license issued for the holding, operating and conducting thereof shall so provide.

B. 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.

C. 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 game.

D. No prize shall exceed the sum or value of $250 in any single game of bingo.

E. No series of prizes on any one occasion shall aggregate more than $1,000.

F. No person except a bona fide member of any such organization shall participate in the management or operation of such game.

G. No person shall receive any remuneration for participating in the management or operation of any such game.

H. The unauthorized conduct of a bingo game and any willful violation of any provision of this Article shall constitute and be punishable as a misdemeanor.

I. 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 the receipts or net profits derived from the operation of such game.

J. No game or games of chance shall be held, operated or conducted under any license issued under this Article more often than on six days in any one calendar month or in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game or games.

K. 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.

§ 55-4 Delegation of authority.

The Town Board of the Town of Riga may, pursuant to § 498 of the General Municipal Law, delegate to an officer or officers of such town designated by the Town Board the authority granted to the Town Board by said 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.

§ 55-5 Penalties for offenses.

The making of any false statement in any application for a license or in any statement annexed thereto, or any other violation of the provisions of said Article 14-H of the General Municipal Law or any violation of the terms of such license shall constitute a misdemeanor and shall subject the offender to forfeiture of license and shall render the offender ineligible to apply for a license for one year thereafter, all pursuant to the provisions of § 495 of the General Municipal Law.

Article II Other Games of Chance

[Adopted 2-23-1978 as L.L. No. 1-1978]

§ 55-6 Title.

This Article shall be known and may be cited as the "Games of Chance Law of the Town of Riga, Monroe County, New York."

§ 55-7 Definitions.

A. Specific terms. As used in this Article, the following terms shall have the following meanings:

AUTHORIZED ORGANIZATION

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 § 186 of the General Municipal Law, 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 § 186 of the General Municipal Law for a period of three years immediately prior to applying for a license under this Article and Article 9-A of the General Municipal Law.

BOARD

The New York State Racing and Wagering Board.

GAMES OF CHANCE

Specific games of chance in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but not including games commonly known as "bingo" or "lotto," which are controlled under Article 14-H of the General Municipal Law,[1] and also not including slot machines, bookmaking and policy or numbers games as defined in § 225.00 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.

TOWN

The Town of Riga in the County of Monroe and State of New York.

[1] Editor's Note: For provisions pertaining to the conduct of bingo, see Art. I of this chapter.

B. Other terms. All other terms in this Article shall have, for the purpose of this Article, the meanings respectively ascribed to them by § 186 of the General Municipal Law.

§ 55-8 Games of chance authorized.

Authorized organizations may, upon the obtaining of a license from the Town Clerk, conduct games of chance within the Town of Riga, as provided in Article 9-A of the General Municipal Law and as provided further in this Article. Such games of chance shall be conducted in accordance with the general state law and with the rules and regulations of the New York State Racing and Wagering Board and this Article.

§ 55-9 Restrictions upon conduct of games.

The conduct of games of chance 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 this Article 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 the General Municipal Law.

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 operation of such game.

C. No authorized organization under the provisions of this Article 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.

E. No prize shall exceed the sum or value of $100 in any operation or conducting of a single game of chance as provided in § 186 of the General Municipal Law. No single wager shall exceed $10.

F. No series of prizes on any one occasion of games of chance shall aggregate more than $1,000 as provided in § 186 of the General Municipal Law.

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 the General Municipal Law.

H. No person under the age of 18 years shall be permitted to play any games of chance or conduct or assist in the conducting of any game of chance conducted pursuant to this Article.

I. No game of chance shall be conducted under any license 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.

J. No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.

K. No person shall receive any remuneration for participating in the management or operation of any such game.

L. The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.

M. No games of chance shall be conducted under any license issued under this Article on the first day of the week commonly known and designated as Sunday unless the authorized organization applies for and obtains under this Article permission to conduct such games on Sunday. In any event, games of chance permitted on Sundays shall be conducted only between the hours of 1:00 p.m. and 12:00 midnight.

§ 55-10 Incorporation of statutory provisions.

This Article shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law, except as otherwise provided in this Article, and any amendment to the provisions in such Article 9-A to the extent that such provisions and amending acts are otherwise applicable to games of chance authorized under this Article.

§ 55-11 Enforcement.

The chief law enforcement officer of the County of Monroe shall exercise control over and supervision of all games of chance conducted under a validly issued license hereunder. Said chief law enforcement officer of the County of Monroe shall have all those powers and duties set forth in Article 9-A of the General Municipal Law.