[HISTORY: Adopted by the Town Board of the Town of Goshen 8-25-1977
by L.L. No. 3-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 46.
The Town Board finds 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 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, to prevent participation
by criminal and other undesirable elements and to prevent the diversion of
funds from the purposes herein authorized.
This chapter 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.
A.Â
As used in this chapter, the terms "authorized games
of chance lessor," "authorized organization," "authorized supplier of games
of chance equipment," "games of chance," "lawful purposes," "net lease," "net
proceeds," "one occasion" and "prize" shall have the meanings designated in
the definitions set forth in Article 9-A of the General Municipal Law.
B.Â
LICENSED PERIOD
OFFICER
STATE BOARD
TOWN BOARD
TOWN CLERK
As used in this chapter, the following terms shall have
the meanings indicated:
A period of time not to exceed 14 consecutive hours.
The Chief Constable of the Town of Goshen.
The New York State Racing and Wagering Board.
The Town Board of the Town of Goshen.
The Town Clerk of the Town of Goshen.
C.Â
Words singular in form may include the plural; words
plural in form may include the singular; and words in the masculine gender
shall include the feminine and neuter genders.
The Town Clerk is hereby delegated the authority granted to the Town
Board by Article 9-A, Local Option for Conduct of Games of Chance by Certain
Organizations, of the General Municipal Law 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 chapter shall
be permitted to conduct games of chance within the territorial limits of the
Town of Goshen.
A.Â
License to conduct games of chance.
(1)Â
Each applicant for a license, after obtaining an identification
number from the State Board, shall file with the Town Clerk a written application
therefor in a form to be prescribed by the State Board, duly executed and
verified, in which shall be stated:
(a)Â
The name and address of the applicant, together with
sufficient facts relating to its organization and/or incorporation to enable
the Town Clerk to determine whether or not it is a bona fide authorized organization.
(b)Â
The names and addresses of its officers and the place
where and the date(s) and time(s) when the applicant intends to conduct games
of chance under the license applied for.
(c)Â
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 this chapter to conduct
games of chance or for the use of the premises of an authorized games of chance
lessor.
(d)Â
All other items of expense intended to be incurred or
paid in connection with the holding, operating and conducting of games of
chance and the names and addresses of the persons to whom and the purposes
for which they are to be paid.
(e)Â
The purposes to which the entire net proceeds of the
games of chance are to be devoted and in what manner and that no commission,
salary, compensation, reward or recompense will be paid to any person for
conducting games of chance or for assisting therein, except as otherwise provided
in Article 9-A of the General Municipal Law.
(f)Â
That no member of the applicant designated in the application
to conduct games of chance has ever been convicted of a crime, or, if convicted,
that he has received a pardon or a certificate of good conduct.
(g)Â
Any other information as shall be prescribed by the rules
and regulations promulgated by the State Board.
(2)Â
In each application there shall be designated not less
than four active members of the applicant organization under whom the 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 the games of chance in accordance with the terms of the license,
Article 9-A of the General Municipal Law, the provisions of this chapter and
the rules and regulations of the State Board.
B.Â
License to lease premises. Each applicant for a license
to lease premises to a licensed organization for the purposes of conducting
games of chance therein shall file with the Town Clerk a written application
therefor in a form to be prescribed by the State Board, duly executed and
verified, which shall set forth the names and addresses 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 with the specifications
contained in the definition of "authorized organization" set forth in Article
9-A of the General Municipal Law and any other information as shall be prescribed
by the State Board and the provisions of this chapter.
A.Â
No person, firm, association, corporation or organization other than a licensee under the provisions of this chapter shall conduct a game of chance or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, directly or indirectly, except as provided in § 63-6 of this chapter.
B.Â
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 a game of chance.
C.Â
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
an authorized supplier of games equipment licensed by the State Board or from
another authorized organization.
D.Â
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.Â
No prize shall exceed the sum or value of $100 in any
operation or conducting of a single game of chance. No single wager shall
exceed $10.
F.Â
No series of prizes on any one occasion of games of chance
shall aggregate more than $1,000.
G.Â
No person except a bona fide member of any authorized organization, its auxiliary or an affiliated organization shall participate in the management or operation of a game of chance, as set forth in § 63-13 of this chapter.
H.Â
No person shall receive any remuneration for participating
in the management or operation of any game of chance.
I.Â
The conduct of games of chance on Sunday is permitted
only when it is specifically provided for in the license issued. No games
of chance, however, shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
J.Â
No hall or other premises shall be used for the conduct
of games of chance unless said hall or premises, where applicable, complies
with the provisions of Title 12, Subpart 30-6, of the New York Codes, Rules
and Regulations.
A.Â
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.
B.Â
If the Town Clerk shall determine that the applicant
is duly qualified to be licensed to conduct games of chance under this chapter;
that the 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 pardons or a certifications of good conduct; that such games
of chance are to be conducted in accordance with the provisions of this chapter
and in accordance with the rules and regulations of the State Board; and that
the proceeds thereof are to be disposed of as provided by this chapter, and
if the Town Clerk is satisfied that no commission, salary, compensation, reward
or recompense whatsoever shall be paid or given to any person holding, operating,
conducting or assisting in holding, operating or conducting any games of chance,
except as otherwise provided in this chapter and that no prize will be given
in excess of the sum or value of $100 in any single game of chance and that
the aggregate of all prizes given on one occasion under said license shall
not exceed the sum or value of $1,000, the Town Clerk 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.
C.Â
If the Town 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 this chapter
and that the applicant satisfies the requirements for an authorized games
of chance lessor as defined in Article 9-A of the General Municipal Law, and
if the Town Clerk shall find and determine that there is a public need and
that a public advantage will be served by the issuance of the license; that
the applicant has filed its proposed rent for each game of chance occasion;
that there is no diversion of the funds of the proposed lessee from the lawful
purpose as defined in Article 9-A of the General Municipal Law; and that the
leasing of a hall or premises for the conduct of games of chance is to be
in accordance with the provisions of this chapter and in accordance with the
rules and regulations of the State Board, he shall issue a license permitting
the applicant to lease said premises for the conduct of games of chance to
the authorized organization set forth in the application during the period
therein specified, or such shorter period as the Town Clerk shall determine
but not to exceed one year, upon payment of a license fee of $50.
D.Â
Under this chapter, no license shall be issued which
shall be effective for a period of more than one year.
A.Â
No application for the issuance of a license to an authorized
organization shall be denied by the Town Clerk until after a hearing is held,
upon due notice to the applicant, at which time the applicant shall be entitled
to be heard on his qualifications and the merits of the application.
B.Â
Any applicant for or holder of any license hereunder
aggrieved by any action of the officer or of the Town Clerk to whom an application
has been made or by whom a license has been issued may appeal to the State
Board from the determination of the Town Clerk by filing with the Town Clerk
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 the Town Clerk and any additional evidence may be produced and
shall be considered in arriving at a determination of the matters in issue.
The action of the State Board on said appeal shall be binding upon the Town
Clerk and all parties to said appeal.
C.Â
Any license issued hereunder may be amended upon application
to the Town Clerk, if the subject matter of the proposed amendment could lawfully
and properly have been included in the original license and upon payment of
any additional license fee as would have been payable if it had been so included.
A.Â
Each license to conduct games of chance shall be in a
form as shall be prescribed in the rules and regulations promulgated by the
State Board and shall contain a statement of the name and address of the licensee,
the name and address of each member of the licensee under whom the games of
chance shall be conducted, of the place(s) where and the date(s) and time(s)
when the games of chance are to be conducted and of the purposes to which
the entire net proceeds of the games of chance are to be devoted. If any prizes
are to be given in cash, a statement of the amounts of the prizes authorized
is to be given, and any other information which may be required by said rules
and regulations shall be contained therein. Each license issued for the conduct
of any games of chance shall be conspicuously displayed at the place where
same is to be conducted at all times during the conduct thereof.
B.Â
Each license to lease premises for conducting games of
chance will be in a form as shall be prescribed in the rules and regulations
of the State 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 other information which may be required by said rules and regulations.
Each license shall be conspicuously displayed upon the premises at all times
during the conduct of the games of chance.
A.Â
The officer shall have and exercise rigid control and
close supervision over all games of chance conducted under each license, to
the end that the same are fairly conducted in accordance with the provisions
of said license, the provisions of this chapter and the provisions of the
rules and regulations promulgated by the State Board. The officer and the
State Board shall have the power and authority to temporarily suspend any
license issued by the Town Clerk pending a hearing. The officer and State
Board 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 is intended to 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 shall make an on-site inspection
during the conduct of all games of chance licensed pursuant to this chapter.
B.Â
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 beverage is prohibited.
A.Â
Within seven days after the conclusion of any licensed
period, the authorized organization which conducted the games of chance and
its members who were in charge thereof and, when applicable, the authorized
organization which rented its premises therefor shall each furnish to the
Town 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, 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 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 the games of chance
during the license period and the use to which such proceeds have been or
are to be applied and a list of the prizes and the values thereof offered
and given. 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
statement of receipts.
B.Â
Upon filing the statement of receipts, the authorized
organization furnishing same shall pay to the Town Clerk as and for an additional
fee a sum of 5% of the net proceeds, if any, for the licensed period covered
by the statement and determined in accordance with the schedule, as shall
be established from time to time by the State Board or the Town Clerk to defray
the cost to the Town of Goshen of administering the provisions of this chapter.
C.Â
Examination of records.
(1)Â
The Town Clerk and the State Board shall have the power
to examine or cause to be examined the books and records of:
(a)Â
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 the 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 games of chance under any license,
the use of its premises for games of chance or the disposition of the net
proceeds derived from games of chance, as the case may be.
(b)Â
Any authorized games of chance lessor, so far as the
same 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 said leasing.
(2)Â
Any information so received shall not be disclosed except
for the purpose of carrying out the provisions of this chapter.
A.Â
No person under the age of 18 years shall be permitted
to play any game 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.Â
No 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 Sunday, Monday, Tuesday, Wednesday and Thursday; only between the hours
of 12:00 noon Friday and 2:00 a.m. Saturday; and only between the hours of
12:00 noon Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall
also apply to a legal holiday.
C.Â
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 holding, operating or conducting any games of chance under
any license, except an active member, or a member of an organization or association
which is an auxiliary to the licensee, or a member of an organization or association
of which such licensee is an auxiliary, or a member of an organization or
association which is affiliated with the licensee by being, with it, auxiliary
to another organization or association. At least two officers, directors,
trustees or clergy of the authorized organization shall, upon request, certify
under oath that the persons assisting in holding, operating or conducting
any game of chance are bona fide members of such authorized organization,
auxiliary or affiliated organization.
D.Â
No games of chance shall be conducted with any equipment
except that owned or leased by the authorized organization so licensed or
used without payment of any compensation therefor by the licensee.
E.Â
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
this chapter 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 State Board; janitorial services and utility supplies, if
any; license fees; and the cost of bus transportation, if authorized by the
officer.
F.Â
Not more than $2 shall be charged by any licensee for
admission to any room or place in which any games of chance are to be conducted
under any license issued under this chapter. Every winner shall be determined
and every prize shall be awarded and delivered on the same calendar day as
the game was played.
G.Â
No game of chance conducted or to be conducted in the
Town of Goshen 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 games by means of newspaper, 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.
H.Â
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
issued hereunder 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 this chapter.
However, 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 a 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.
I.Â
Any person, association, corporation or organization who or which shall make any material false statement in any application for any license issued pursuant to this chapter; shall pay or receive a rental in excess of the amount specified as the permissive rent in the license provided for in § 63-6 for the use of any premises for conducting games of chance; shall 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; shall 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; or shall 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 this chapter, shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for at least one year thereafter.
J.Â
Any person, association, corporation or organization
holding, operating or conducting games of chance shall be guilty of a misdemeanor,
except when operating, holding or conducting:
(1)Â
In accordance with a valid license issued pursuant to
this chapter; or
(2)Â
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:
(a)Â
The organization has applied for and received an identification
number from the State Board.
(b)Â
The player or other person furnishes anything of value
for the opportunity to participate.
(c)Â
The prizes awarded or to be awarded are nominal.
(d)Â
No person other than a bona fide active member of the
organization participates in the conduct of the games of chance.
(e)Â
No person is paid for conducting or assisting in the
conduct of the games of chance.
K.Â
No alcoholic beverage, with the exception of beer, shall
be sold at any games of chance.
L.Â
No alcoholic beverages shall be offered or given as a
prize in any games of chance.
M.Â
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
