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213-2B{4} LICENSE PERIOD
LICENSE PERIOD A period of time not to exceed fourteen (14) consecutive hours.
213-2B{5} MUNICIPALITY
MUNICIPALITY The City of Buffalo.
213-2B{6} OFFICER
OFFICER The Commissioner of Police of the City of Buffalo shall be the officer designated in Article 9-A of the General Municipal Law as the chief law enforcement officer of this municipality.
213-2B{7} OPERATION
OPERATION The play of a single type of game of chance necessary to determine the outcome or winners each time wagers are made.
213-2B{8} PREMISES
PREMISES A designated area within a building, hall, tent or grounds reasonably identified for the conduct of games of chance. Nothing herein shall require such area to be enclosed.
213-2B{9} SERIES OF PRIZES
SERIES OF PRIZES The total amount of single prizes minus the total amount of wagers lost during the successive operations of a single type of game of chance, except that for merchandise wheels, "series of prizes" shall mean the sum of the actual value of merchandise awarded as single prizes during the successive operations of any single merchandise wheel.
213-2B{10} SINGLE PRIZE
SINGLE PRIZE The sum of money or actual form of merchandise awarded to a participant by a game of chance licensee in any one (1) operation of a single type of game of chance in excess of his wager.
213-2B{11} SINGLE TYPE OF GAME
SINGLE TYPE OF GAME The games of chance known as "merchandise wheels" and each other specific game of chance authorized by the Board.
§ 213-3 Compliance with other provisions.
This chapter is subordinate and subject to all of the conditions and provisions contained in Article 9-A of the General Municipal Law and amendments thereto, the powers and duties of the Board and any and all rules and regulations and opinions adopted or to be adopted by the New York State Racing and Wagering Board.
§ 213-4 General restrictions.
A. 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, premises for any consideration whatsoever, directly or indirectly. 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 a game of chance. 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 fro...
§ 213-5 Suppliers of equipment.
A. No person, firm, partnership, corporation or organization shall sell or distribute supplies or equipment specifically designed or adapted for use in the conduct of games of chance without having first obtained a license therefor upon written application made, verified and filed with the Board in the form prescribed by the rules and regulations of the Board. In each such application for a license under this section shall be stated the name and address of the applicant; the names and addresses of its officers, directors, shareholders or partners; the amount of gross receipts realized on the sale and rental of games of chance supplies and equipment to duly licensed authorized organizations during the last preceding calendar or fiscal year; and such othe...
§ 213-6 License applications.
A. To conduct games of chance: (1) Each applicant for a license shall, after obtaining an identification number from the Board, file with the Clerk a written application therefor in a form to be prescribed by the 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 to determine whether or not it is a bona fide authorized organization. (b) The names and addresses of its officers and the place or places where and 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 directl...
§ 213-7 Investigation; issuance; fees; duration.
A. The Clerk shall make an investigation of the qualifications of each applicant and the merits of each application with due expedition after filing of the application. B. Issuance of licenses. (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 this chapter; that the member or members of the applicant designated in the application manage 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, a certificate of good conduct or a certificate of relief from disabilities; that such games are to be conducted in acco...
§ 213-8 Hearings.
No application for the issuance of a license to conduct games of chance or lease premises to an authorized organization shall be denied by the 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.
§ 213-9 Amendments.
Any license issued under this chapter may be amended, upon application made to such Clerk, 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.
§ 213-10 Form and contents of license; display.
A. Each license to conduct games of chance shall be in such form as shall be prescribed in the rules and regulations promulgated by the Board and shall contain a statement of the name and address of the licensee, the names and addresses of the members of the licensee under whom the games will be managed, the place or places where and the date or dates and time or times when such games are to be conducted and the purposes to which the entire net proceeds of such games are to be devoted, the name of each single type of game to be conducted under the license and the number of merchandise wheels, if any, to be operated and any other information which may be required by said rules and regulations to be contained therein. Each license issued for the conduct o...
§ 213-11 Control and supervision; suspension; inspection.
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 this chapter; and such officer and the Board shall have the power and authority to temporarily suspend any license issued by the Clerk pending a hearing; and after notice and hearing, the Clerk or Board may suspend or revoke the same and additionally may impose a fine in an amount not exceeding one thousand dollars ($1,000.) for violation of any such provisions and shall have the right of entry by their respective officers and agents at all time...
§ 213-12 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 on games chance premises as such premises are defined in § 213-2 of this chapter; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises.
§ 213-13 Participation by minors.
No person under the age of eighteen (18) years shall be permitted to play any game or games of chance conducted pursuant to any license issue under this chapter. Persons under the age of eighteen (18) years may be permitted to attend games of chance at the discretion of the games of chance licensee. No person under the age of eighteen (18) years shall be permitted to operate any game of chance conducted pursuant to any license issued under this chapter or to assist therein.
§ 213-14 Frequency; hours; days.
A. No game or games of chance shall be conducted under any license issued under this chapter more often than twelve (12) times in any calendar year. No particular premises shall be used for the conduct of games of chance on more than twenty-four (24) license periods during any one (1) calendar year. B. 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 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. The conduct of games of chance on Sunday is only permitted when it is specifically provided for in the license issued a...