Town of Penfield, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Penfield 10-2-1978 by L.L. No. 3-1978. Amendments noted where applicable.]

§ 125-1 Title.

This chapter shall be known and may be cited as "Local Law No. 3 of the Year 1978, Regulating Games of Chance in the Town of Penfield, New York."

§ 125-2 Legislative intent.

It is the purpose of this chapter to permit and to regulate the conducting of games of chance within the boundaries of the Town of Penfield, New York, by authorized organizations, in a manner consistent with this chapter and Article 9-A of the General Municipal Law of the State of New York.

§ 125-3 Definitions.

A. 
Specific terms. As used in this chapter, the following terms shall have the meanings indicated:
(1) 
Includes any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firefighters, 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 Article 9-A 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 Article 9-A of the General Municipal Law for a period of three years immediately prior to applying for a license to the Town Clerk of the Town of Penfield.
[Amended 12-16-2015 by L.L. No. 3-2015]
(2) 
No organization shall be deemed an authorized organization which is formed primarily for the purpose of conducting games of chance and the distribution of the proceeds thereof to itself or any other organization and which does not devote at least 75% of its activities to other purposes set forth in General Municipal Law § 186. No political party shall be deemed an authorized organization.
BOARD
The New York State Racing and Wagering Board.
GAMES OF CHANCE
Include specific games of chance, 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," "bookmaking," and "policy or numbers games" as defined in Penal Law § 225.00. No game of chance shall involve wagering of money by one player against another player.
TOWN
The Town of Penfield in the County of Monroe and State of New York.
B. 
Other terms. All other terms used in this chapter shall have, for the purposes of this chapter, the meanings respectively ascribed to them by General Municipal Law § 186.

§ 125-4 Games of chance authorized.

Authorized organizations may, upon the attainment of a license from the Town Clerk, conduct games of chance within the Town of Penfield as provided in Article 9-A of the General Municipal Law and as provided in this chapter. Such games of chance shall be conducted in accordance with state law and with the rules and regulations of the Board and the provisions of this chapter.

§ 125-5 Restrictions upon conduct.

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 games 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 General Municipal Law § 190.
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, lease 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. Lease terms and conditions shall be subject to rules and regulations promulgated by the Board. The provisions of this subsection shall not be construed to authorize or permit an authorized organization to engage in the business of leasing games of chance supplies, or equipment. Furthermore, no organization shall purchase bell jar tickets or deals of bell jar tickets from any other person or organization other than those specifically authorized under General Municipal Law §§ 195-n and 195-o.
[Amended 12-16-2015 by L.L. No. 3-2015]
D. 
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. 
No prize in any operation or conducting of a single game of chance or single wager shall exceed the sum or value set forth in General Municipal Law § 186.
[Amended 4-16-1979 by Res. No. 205; 12-16-2015 by L.L. No. 3-2015]
F. 
No series of prizes on any one occasion of games of chance shall aggregate more than the amount set forth in General Municipal Law § 186.
[Amended 12-16-2015 by L.L. No. 3-2015]
G. 
No person, except a bona fide member of any such organization, its auxiliary or affiliated organization, shall participate in the management or operation of such game, as set forth in General Municipal Law § 195-c.
H. 
No person shall receive any remuneration for participating in the management or operation of any such game.
I. 
No person under the age of 18 years shall be permitted to play any game of chance or conduct or assist in the conducting of any game of chance conducted pursuant to this chapter.
J. 
No game of chance shall be conducted under any license issued pursuant to the provisions of 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 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 of 12:00 noon on Saturday and 2:00 a.m. Sunday. Standard time shall govern the hours as provided in this subsection, except that daylight savings time shall apply during the portion of the year that such time is generally applicable in the State of New York.
K. 
No games of chance shall be conducted on Christmas Day, New Year's Eve or New Year's Day.
[Amended 12-16-2015 by L.L. No. 3-2015]
L. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.

§ 125-6 Incorporation of statutory provisions.

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 9-A to the extent such provisions and amending acts are otherwise applicable to games of chance authorized under this chapter.

§ 125-7 Sunday games.

Games of chance on the first day of the week, commonly known as "Sunday," may not be conducted pursuant to this chapter, and appropriate statute and regulation.

§ 125-8 Enforcement.

[Amended 7-7-1980 by Res. No. 243]
The Sheriff of the County of Monroe is the chief law enforcement officer for purposes of exercising control over and supervision of all games of chance conducted under an appropriately issued license. Such Sheriff shall have all those powers and duties as set forth in Article 9-A of the General Municipal Law.

§ 125-9 Penalties for offenses.

[Amended 12-16-2015 by L.L. No. 3-2015]
Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine of not more than $250 and/or to imprisonment of not more than 15 days.

§ 125-10 When effective.

This chapter shall take effect immediately upon filing with the Secretary of State's office following its approval at referendum by a majority of qualified voters voting thereon at the Special Election held on December 5, 1978, pursuant to the provisions of Municipal Home Rule Law § 23.