[HISTORY: Adopted by the Town Board of the Town of Penfield 10-2-1978 by L.L. No.
3-1978. Amendments noted where applicable.]
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."
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.
A.
AUTHORIZED ORGANIZATIONS
(1)
(2)
BOARD
GAMES OF CHANCE
TOWN
Specific terms. As used in this chapter, the following terms shall
have the meanings indicated:
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]
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.
The New York State Racing and Wagering Board.
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.
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.
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.
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.
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.
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.
[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.
[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.
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.
