[HISTORY: Adopted by the Town Board of the
Town of Fallsburg 4-9-1979 by L.L. No. 3-1979, approved at referendum 6-12-1979 (Ch. 114 of
the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 91.
This chapter shall be known as the "Games of
Chance Law of the Town of Fallsburg, New York."
A.
AUTHORIZED ORGANIZATION
BOARD
GAMES OF CHANCE
Specific terms. As used in this chapter, the following
terms shall have the following meanings:
Any bona fide religious or charitable organization or bona
fide educational, fraternal 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 chapter and Article 9-A of the General Municipal
Law. No organization shall be deemed an authorized organization which
is formed primarily for the purpose of conducting games of chance
and which does not devote at least 75% of its activities to other
than conducting games of chance. No political party shall be deemed
an authorized organization.
[Amended 5-11-2010 by L.L. No. 7-2010]
New York State Racing and Wagering Board.
Only the games known as "merchandise wheels," and such other
specific games as may be authorized by the Board, 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 and also not including "slot
machines,"c "bookmaking" and "policy or numbers games" and "lottery"
as defined in § 225 of the Penal Law. No game of chance
shall involve wagering of money by one player against another player.[1]
B.
Other terms. All other terms used in this chapter
shall have, for the purpose of this chapter, the meanings respectively
ascribed to them by § 186 of the General Municipal Law.
Authorized organizations may, upon the obtainment
of a license from the Town Clerk, conduct games of chance within the
Town of Fallsburg as provided in Article 9-A of the General Municipal
Law and as provided further in this chapter. 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 chapter.
The conduct of games of chance authorized by
this chapter shall be subject to the following restrictions:
A.
No person, firm, association, corporation or organization,
other than a licensee under the provisions of this chapter, 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 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 a supplier licensed by the Board or from another
authorized organization.
D.
The entire net proceeds of any game of chance shall
be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same and the net proceeds of any rental derived
therefrom shall be exclusively devoted to the lawful purposes of the
authorized games of chance lessor.
E.
No single prize shall exceed the sum or value of $300,
except that for merchandise wheels, no single prize shall exceed the
sum or value of $250. No single wager shall exceed $6. No single prize
awarded by raffle shall exceed the sum or value of $50,000, except
that an authorized organization may award by raffle a single prize
having a value of up to and including $100,000 if its application
for a license filed pursuant to General Municipal Law § 190
includes a statement of its intent to award a prize having such value.
For bell jars, coin boards, or merchandise boards, no single prize
shall exceed $500; provided, however, that such limitation shall not
apply to the amount of money or value paid by the participant in a
raffle in return for a ticket or other receipt. For coin boards and
merchandise boards, the value of a prize shall be determined by its
costs to the authorized organization or, if donated, its fair market
value.[1]
F.
No authorized organization shall award a series of
prizes consisting of merchandise with an aggregate value in excess
of $10,000 during the successive operations of any one merchandise
wheel, and $3,000 during the successive operations of any bell jar,
coin board, or merchandise board. No series of prizes awarded by raffle
shall have an aggregate value in excess of $100,000. For coin boards
and merchandise boards, the value of a prize shall be determined by
its cost to the authorized organization or, if donated, its fair market
value.[2]
G.
In addition to merchandise wheels, no more than five
other single types of games of chance shall be conducted during any
one license period.
H.
Except for merchandise wheels and raffles, no series
of prizes on any one occasion shall aggregate more than $400 when
the licensed authorized organization conducts five single types of
games of chance during any one license period. Except for merchandise
wheels, raffles, and bell jars, no series of prizes on any one occasion
shall aggregate more than $500 when the licensed authorized organization
conducts less than five single types of games of chance, exclusive
of merchandise wheels, raffles and bell jars, during any one license
period. No authorized organization shall award by raffle prizes with
an aggregate value in excess of $100,000 during any one license period.[3]
I.
Except for the limitations on the sum or value for
single prizes and series of prizes, no limit shall be imposed on the
sum or value of prizes awarded to any one participant during any occasion
or any license period.
J.
No person except a bona fide member of the licensed
authorized organization shall participate in the management of such
games; no person except a bona fide member of the licensed authorized
organization, its auxiliary or affiliated organization, shall participate
in the operation of such game, as set forth in § 195-c of
the General Municipal Law.
K.
No person shall receive any remuneration for participating
in the management or operation of any such game.
L.
No authorized organization shall extend credit to
a person to participate in playing a game of chance.
M.
No game of chance shall be conducted on other than
the premises of an authorized organization or an authorized games
of chance lessor.
N.
No person under the age of 18 years shall be permitted
to play any game or games of chance conducted pursuant to any license
issued under this chapter. Persons under the age of 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 18 years shall be permitted
to operate any game of chance conducted pursuant to any license issued
under this chapter or to assist therein.
O.
No game or games of chance shall be conducted under
any license issued more often than 12 times in any calendar year.
No particular premises shall be used for the conduct of games of chance
on more than 24 license periods during any one calendar year. Games
shall be conducted only between the hours of noon and midnight on
Monday, Tuesday, Wednesday and Thursday, and only between the hours
of noon on Friday and 2:00 a.m. Saturday, and only between the hours
of noon on Saturday and 2:00 a.m. Sunday. Games of chance on Sunday
may be conducted only between the hours of noon and midnight. The
2:00 a.m. closing period shall also apply to a legal holiday.
P.
No games of chance shall be conducted on Easter Sunday,
Christmas Day or New Year's Eve.
Q.
The unauthorized conduct of a game of chance shall
constitute and be punishable as a misdemeanor.
This chapter shall be deemed to include all
of the provisions of Article 9-A of the General Municipal Law, except
as otherwise provided in this chapter, and any amendment to the provisions
in such article to the extent such provisions and amending acts are
otherwise applicable to games of chance authorized under this chapter.
The Police Department shall exercise control
over and supervision of all games of chance conducted under an appropriately
issued license. Such Department shall have all those powers and duties
set forth in Article 9-A of the General Municipal Law.
