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§ 213-15 Persons operating games; equipment; expenses.
A. No person shall operate any game of chance under any license issued under this chapter except a bona fide member of the authorized organization to which the license is issued or a bona fide member of an organization or association which is an auxiliary to the licensee or a bona fide member of an organization or association of which such licensee is an auxiliary or a bona fide member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association. Nothing herein shall be construed to limit the number of games of chance licensees for whom such persons may operate games of chance nor to prevent nonmembers from assisting the licensee in any activity other than managing or operati...
§ 213-16 Admission fee; prizes.
A. A fee may be charged by any licensee for admission to any game or games of chance conducted under any license issued under this chapter. The Clerk may in his discretion fix a minimum fee. B. 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.
§ 213-17 Advertising.
No games of chance conducted or to be conducted in the City of Buffalo 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 games by means of newspaper, radio, television or sound trucks or by means of billboards, posters or handbills or any other means addressed to the general public, except one (1) sign not exceeding sixty (60) square feet in area, which 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 (1) additional such sign may be displayed on or adjacent...
§ 213-18 Statement of receipts and expenses; additional license fees.
A. Within seven (7) 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 games of chance lessor 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 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 n...
§ 213-19 Examination of books and records.
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 prem...
§ 213-20 Appeals.
Any applicant for or holder of any license issued or to be issued under this chapter aggrieved by any action of the officer or the Clerk to whom such application has been made or by whom 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 thirty (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.
§ 213-21 Exemption from prosecution.
No person, firm, partnership, 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 this chapter 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; 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 upo...
§ 213-22 Offenses.
Any person, firm, partnership, corporation or organization who or which shall make any material false statement in any application for any license authorized to be issued under this chapter; 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 this chapter; 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; 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 th...
§ 213-23 License required; exemption for senior citizen games.
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: A. In accordance with a valid license issued pursuant to this chapter; or B. On behalf of a bona fide organization of persons sixty (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 or...
§ 213-24 Referendum required.
Except as provided in § 213-23 of this chapter, the provisions of this chapter shall remain inoperative unless and until a proposition therefor, submitted at a general or special election in this municipality, shall be approved by a vote of the majority of the qualified electors in such municipality voting thereon.[1] [1] Editor's Note: This chapter was approved by the voters at a special election held on May 1, 1979.
§ 213-25 Amendment or repeal of provisions.
This chapter may be amended from time to time or repealed by the Common Council by a two-thirds vote; and such amendment or repeal, as the case may be, may be made effective and operative not earlier than thirty (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 this municipality shall not be a condition prerequisite to the taking effect of such local law or ordinance.
Ch 216 Garbage, Rubbish and Refuse
[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo, and adopted by the Common Council of the City of Buffalo as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Animals — See Ch. 78. Building construction and demolition; fire prevention — See Ch. 103. Open burning — See Ch. 119. Enforcement — See Ch. 137. Infectious diseases — See Ch. 158. Excavations — See Ch. 169. Hazardous wastes — See Ch. 235. Junk dealers and pawnbrokers — See Ch. 254. Property maintenance — See Ch. 341. Refrigerators — See Ch. 365. Slaughterhouses — See Ch. 391. Water pollution — See Ch. 491.
Ch 216 Art I Abatement of Nuisances
[Derived from Sec. 105 of Ch. XXV of the Charter and Ordinances, 1974]
§ 216-1 Abatement required; action upon failure to comply.
[Amended 9-17-1996, effective 9-18-1996] It shall be the duty of the owner or occupant of any real property or premises within the City limits, whenever the Health Commissioner shall declare any unwholesome grounds, yards, cellars, buildings or other place, stagnant or unwholesome water, filth and unwholesome matter injurious to health to be a nuisance, to immediately cause the same to be abated; and in case the owner or occupant shall neglect or decline so to do, the Health Commissioner shall report the work necessary to be done to the Director of Inspections, Licenses and Permits, who shall proceed to abate the same in accordance with the exigencies suggested by the Health Commissioner. When appropriate, the Commissioner of Street Sanitation or the Dir...
Ch 216 Art II Dead Animals
[Derived from Sec. 114 of Ch. XXV of the Charter and Ordinances, 1974]
§ 216-2 Removal.
[Amended 9-17-1996, effective 9-18-1996] A. Owners or occupants who discover a dead animal on their real property or premises shall call the Buffalo Animal Shelter for instruction as to the proper collection and disposal of the dead animal. B. It shall be the duty of the Department to remove to such place or places as the Commissioner shall designate all dead animals that may be found on the streets, alleys or public grounds of the city. The Department shall report to such offices or departments of the City as the Commissioner may direct to receive such orders or the removal of such dead animals.
Ch 216 Art III Collection Businesses
[Derived from Secs. 115 and 117 of Ch. XXV of the Charter and Ordinances, 1974]
§ 216-3 Permit required; application; issuance.
[Amended 9-17-1996, effective 9-18-1996] A. No person shall remove or cause to be removed any of the contents of any receptacle placed in or outside of a building for collection, nor shall any person collect or perform the duties of a solid waste collector or convey, carry or transport any solid waste through, over or along any of the streets of the City of Buffalo as long as the City of Buffalo is performing the service, is collecting such solid waste in the city, except if licensed pursuant to Chapter 263, Licenses, of this Code. B. No solid waste collector licensed pursuant to Chapter 263, Licenses, of this Code, shall: (1) Violate any provision of this chapter, other ordinances, local law or Common Council resolution. (2) Violate a rule or regula...
§ 216-4 Receptacles used for collection.
[Amended 9-17-1996, effective 9-18-1996] A. The Commissioner is authorized to adopt rules and regulations for receptacles to provide for uniform types of receptacles. B. Every solid waste collector which collects and disposes of garbage, bones, putrid and decaying meats or soap fat within the City of Buffalo shall use for that purpose a receptacle so constructed as to prevent the escape of any offensive odor or vapor therefrom. Such a receptacle shall at all times, when not necessarily open for the purpose of depositing the material collected therein, be kept securely covered.
Ch 216 Art IV Garbage Receptacles for Patron Use
[Derived from Sec. 118 of Ch. XXV of the Charter and Ordinances, 1974]