City of Watervliet, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Watervliet: Art. I, 4-20-1972 as Art. II of Ch. 4 of the Code of Ordinances of 1972; Art. II, 8-19-1982 as L.L. No. 2-1982 (Art. X of Part II, Charter Appendix, of the Code of Ordinances of 1972). Amendments noted where applicable.]
[Adopted 4-20-1972 as Art. II of Ch. 4 of the Code of Ordinances of 1972]

§ 114-1 Definitions.

As used in this Article, the following terms shall have the meanings ascribed to them:
AUTHORIZED ORGANIZATION
Includes only a bona fide religious, charitable or nonprofit organization of veterans, volunteer firemen or a similar nonprofit organization, having its principal office or headquarters in the city.
BINGO OR GAME
Includes a specific game of chance, commonly known as "bingo" or "lotto," in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.
CONTROL COMMISSION
The State Lottery Control Commission.
LICENSE
A license issued pursuant to the provisions of this Article.

§ 114-2 Bingo authorized upon licensing. [1]

It shall be lawful for any authorized organization, upon obtaining a license therefor as provided in this Article, to conduct the game of bingo within the territorial limits of the city subject to the provisions of this Article, the provisions of Article 14-H (§§ 475 through 499) of the General Municipal Law, and amendments thereto, and the provisions of the State Lottery Control Law.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: See Executive Law § 430 et seq.

§ 114-3 Application for license.

Each applicant for a license required by this Article shall file with the City Clerk a written application in the form prescribed in the rules and regulations of the Control Commission, duly executed and verified.

§ 114-4 Issuance and duration of license; fees.

A. 
The City Clerk shall cause to be investigated the qualifications of each applicant for a license required by this Article and the merits of each application with due promptness after the filing of the application. The City Clerk shall deliver to the General Manager the application, together with the supporting documents therefor, and a detailed report of the results of his investigation, including the due qualification of the applicant to be licensed; the relationship of the members under whom such games are to be conducted with the applicant; whether such persons are of good moral character or have ever been convicted of a crime; whether the conduct of such games will comply with all the provisions of law and rules and regulations applicable thereto; whether a commission, salary, compensation, reward or recompense of any nature will be paid to any person conducting or assisting in conducting in such games of chance; whether a prize will be offered or given in excess of the sum or value of one thousand dollars ($1,000.) in any single game or an aggregate of all prizes given in a series of games on a given occasion will exceed the sum or value of three thousand dollars ($3,000.); and such other questions or inquiries as the General Manager may direct.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
If the General Manager shall determine that the requisite conditions have been met by the applicant for a license required by this Article, he shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of chance applied for upon payment of a license fee of eighteen dollars and seventy-five cents ($18.75) for each occasion upon which any games of chance are to be conducted under the license, which fees are to be paid to the Director of Finance.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
On or before the thirtieth day of each month, the Director of Finance shall transmit to the State Comptroller a sum equal to fifty percent (50%) of all license fees collected by the city pursuant to this section during the preceding calendar month.
D. 
No license shall be issued under this Article which shall be effective for a period of more than one (1) year.

§ 114-5 Denial of license.

No application for a license under this Article shall be denied by the General Manager 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.

§ 114-6 Form of license.

Each license issued pursuant to this Article shall be in such form as shall be prescribed in the rules and regulations promulgated by the Control Commission.

§ 114-7 Amendment of license.

Any license issued pursuant to this Article may be amended upon application to the General Manager if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon the payment of such additional license fee, if any, as would have been payable if it had been so included.

§ 114-8 Control and supervision; suspension of licenses; inspection of premises.

The General Manager shall have and exercise control and supervision over all games of chance held, operated or conducted under a license issued pursuant to this Article and shall have the power and authority to suspend any such license and, after notice and hearing, to revoke the same for violation of any provision of the license, this Article, §§ 475 to 499 of the General Municipal Law or the rules and regulations of the Control Commission. The General Manager or any officer designated by him shall have the right of entry at all times into any premises where any such game of chance is being held, operated or conducted or where it is intended that any such game of chance shall be held, operated or conducted or where any equipment being used or intended to be used in the conduct thereof is found for the purpose of inspecting the premises.

§ 114-9 General restrictions on games.

Any game licensed under this Article shall be subject to the following restrictions, in addition to such other restrictions as may be provided herein or contained in the rules and regulations of the Control Commission:
A. 
No person 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 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.
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 game.
E. 
No prize shall exceed the sum or value of one thousand dollars ($1,000.) in a single game of bingo.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
F. 
No series of prizes on any one (1) bingo occasion shall aggregate more than three thousand dollars ($3,000.).[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
G. 
No person except a bona fide member of any licensed organization shall participate in the management or operation of a 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 or any willful violation of any provision of this Article shall constitute and be punishable as a misdemeanor.

§ 114-10 Days when games may be played.

Games may be held on any day provided for in the license issued pursuant to this Article.

§ 114-11 Persons ineligible to play.

No person under the age of eighteen (18) years shall be permitted to participate in any game of chance held, operated or conducted pursuant to any license issued under this Article, unless accompanied by an adult.

§ 114-12 Frequency of play; prohibited premises.

No game of chance shall be held, operated or conducted under any license issued under this Article more often than six (6) days in any one (1) calendar month or in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game.

§ 114-13 Persons who may conduct games.

No person shall hold, operate or conduct any game of chance under any license issued under this Article, except an active member of the authorized organization to which the license is issued, and no person shall assist in the holding, operating or conducting of any game or games of chance under the license except such 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, except for bookkeepers or accountants as provided in this Article.

§ 114-14 Equipment; authorized expenses.

No game shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee under this Article, and no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any game of chance held, operated or conducted pursuant to any license issued under this Article, except such as are bona fide items of reasonable amount for goods, wares and merchandise furnished or services rendered which are reasonably necessary to be purchased or furnished for the holding, operating or conducting thereof under any circumstances whatsoever. No rental shall be paid for the use of any premises for holding, operating or conducting any game under any circumstances whatsoever, and no rental shall be paid for the use of any premises for holding, operating or conducting any game of chance thereon or for any other purpose in connection with the holding, operating or conducting thereof unless the amount of such rental is stated in a statement annexed to the application for a license as provided in § 480 of the General Municipal Law or which is in excess of the sum stated as the rental to be charged therefor in the statement; and no commission, salary, compensation, reward or recompense whatsoever shall be paid or given, directly or indirectly, to any person holding, operating or conducting or assisting in the holding, operation or conduct of any game of chance so held, operated or conducted, except that reasonable compensation may be paid to bookkeepers or accountants for bookkeeping or accounting services rendered according to a schedule of compensation prescribed by the rules of the Control Commission.

§ 114-15 Admission and participation charges; prizes.

A. 
Not more than five dollars ($5.) shall be charged by any licensee under this Article for admission to any room or place in which any game of chance is to be held, operated and conducted under any license issued under this Article, which admission fee, upon payment thereof, shall entitle the person paying the fee to a card entitling him to participate without additional charge in all regular games of chance to be played under the license on that occasion, and no charge in excess of one dollar ($1.) shall be made for a single opportunity to participate in all special games to be played under the license on that occasion.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I..
B. 
No prize greater in amount or value than one thousand dollars ($1,000.) shall be offered or given in any single game conducted under any license, and the aggregate amount or value of all prizes offered or given in all games played on single occasion shall not exceed three thousand dollars ($3,000.), and all winners shall be determined and all prizes shall be awarded in any game played on any occasion within the same calendar days as that upon which the game was played.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
No alcoholic beverage shall be offered or given as a prize in any game.

§ 114-16 Advertising of games.

No game of chance to be conducted under any license issued under this Article 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 by means of newspapers, radio, television or sound trucks or by means of billboards, posters or handbills or any other means addressed to the general public, except that one (1) sign not exceeding sixty (60) square feet in area may be displayed on or adjacent to the premises where the game will be played, and an additional sign may be displayed on or adjacent to the premises where the prize or prizes are displayed, and 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 equipment belonging to any licensee which is a 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, as the case may be.

§ 114-17 Statement of receipts and expenses. [1]

Within seven (7) days after the conclusion of the holding, operating and conducting of any game of chance, the authorized organization which held, operated or conducted the game, and its members who were in charge thereof, shall furnish to the City Clerk a duly verified statement showing the amount of the gross receipts derived from each game of chance, which shall include receipts from the sale of shares, tickets or rights in any manner connected with participation in said game or the right to participate therein, each item of expense incurred or paid and each item of expenditure made or to be made, the name and address of each person to whom each such item has been paid or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net profit derived from each such game of chance and the use to which such net profit has been or is to be applied and a list of prizes offered and given, with the respective values thereof, and it shall be the duty of such licensee to maintain and keep such books and records, as may be necessary, to substantiate the particulars of each such report.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 114-18 Examination of books, records and employees; nondisclosure of information.

The General Manager and the Control Commission shall have power to examine or cause to be examined the books and records of any authorized organization to which any license is issued pursuant to this Article, so far as they may relate to any transactions connected with the holding, operating and conducting of any game of chance thereunder, and to examine any manager, officer, director, agent member or employee thereof under oath in relation to the conduct of any game of chance under any such license, but any information so received shall not be disclosed, except so far as may be necessary for the purpose of carrying out the provisions of this Article.

§ 114-19 Appeals procedure.

Any applicant for or holder of any license issued or to be issued under this Article aggrieved by any action of the city, its officers or agents concerning an application which has been made or a license which has been issued may appeal to the Control Commission from the determination of the city, its officers or agents by filing with the General Manager a written notice of appeal within thirty (30) days after the determination or action appealed from and upon the hearing of the appeal, the evidence, if any, taken before the General Manager 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 Control Commission upon the appeal shall be binding upon the city and all parties to said appeal.

§ 114-20 Immunity from prosecution; exception. [1]

No person who is lawfully conducting or participating in the conduct of, possessing, selling or in any manner disposing of any shares, tickets or rights to participate in or permitting the conduct upon any premises owned by him of any game of chance conducted or to be conducted under any license lawfully issued pursuant to this Article shall be liable to prosecution or conviction for violation of any provision of Article 225 of the Penal Law or any other law, provision of this Code or other ordinance to the extent that such conduct is specifically authorized by this Article, but this immunity shall not extend to any person knowingly conducting or participating in the conduct of any game of chance under any license obtained by any false pretense or statement made in any application for the license or otherwise; or possessing, selling or disposing of shares, tickets or rights to participate in or permitting the conduct upon any premises owned 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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 114-21 Penalties for offenses.

Any person who shall make any false statement in any application for any license required by this Article or in any statement annexed thereto; or who shall pay any rental for the use of any premises for holding, operating or conducting any game of chance under this Article or for any other purpose in connection with the holding, operating or conducting thereof, unless the amount of such rental is stated in a statement annexed to the application for the license as provided in this Article; or who shall pay or receive any sum for such rental in excess of the sum stated as the rental to be charged therefor in such statement executed by him or on its behalf; or who shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of games of chance under any such license; or who shall falsify or make any false entry in any book or record so far as they relate to any transaction connected with the holding, operating or conducting of any game of chance under any such license; or who shall violate any of the provisions of this Article or of any term of the license shall be guilty of a misdemeanor and shall forfeit any license issued to it under this Article and be ineligible to apply for a license under this Article for one (1) year thereafter.

§ 114-22 Amendment or repeal of Article.

This Article may be amended, from time to time, or repealed by the Council, 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 enactment of the local law or ordinance effecting such amendment or repeal; and the approval of a majority of the electors shall not be a condition prerequisite to the taking effect of such local law or ordinance.
[Adopted 8-19-1982 as L.L. No. 2-1982 (Art. X of Part II, Charter Appendix, of the Code of Ordinances of 1972]

§ 114-23 Games permitted.

It shall be lawful for authorized organizations, upon obtaining a license therefor, to conduct games of chance within the limits of the City of Watervliet, New York, under the provision of this Article, the provisions of the Games of Chance Licensing Law[1] (Chapter 960 of the Laws of 1976, as amended), and the Rules and Regulations of the New York State Racing and Wagering Board.
[1]
Editor's Note: See General Municipal Law § 185 et seq.

§ 114-24 Controlling provisions; resolution of conflicts.

The provisions of the Games of Chance Licensing Law and the Rules and Regulations of the New York State Racing and Wagering Board control the licensing of authorized organizations and the conduct of games of chance in the City of Watervliet. Any inconsistency between this Article and said statutes and rules and regulations shall be resolved in favor of those rules and regulations.

§ 114-25 Issuance of license.

The City Clerk is authorized to issue a license to authorized organizations and lessors, upon filing of an application in accordance with the provisions of the Games of Chance Licensing Law and the Rules and Regulations of the New York State Racing and Wagering Board and the payment of the prescribed fees.

§ 114-26 Remittance of fees.

The City Clerk is directed to remit to the Director of Finance of the city all license fees received by the City Clerk, and the Director of Finance is directed to remit to the Comptroller of the State of New York the portion of the fees directed to be paid and remitted to the Comptroller of the State of New York in the manner prescribed in the Games of Chance Licensing Law.

§ 114-27 Sunday games.

The conduct of games of chance on Sundays is authorized, except as otherwise provided in Article 9-A of the General Municipal Law.

§ 114-28 Penalties for offenses. [1]

Violators will be punished as provided by state law.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 114-29 When effective.

This Article shall take effect upon filing with the Secretary of State in the event that, at the general election to be held on November 2, 1982, a majority of the electors of the City of Watervliet, New York, who are qualified to vote for officers of the City of Watervliet, New York, shall approve the same by voting for the proposition.[1]
[1]
Editor's Note: Local Law No. 2-1982 was approved by the voters at a referendum held on 11-2-1982.