Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Kingsbury 2-28-1958, (Ch. 38 of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 130.
Games of chance — See Ch. 155.

§ 86-1 Definitions.

As used in this chapter, unless the context requires otherwise, the following terms shall have the following meanings:
AUTHORIZED ORGANIZATION
Includes only bona fide religious, charitable or nonprofit organizations of veterans, volunteer firemen and similar nonprofit organizations.
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.
BONUS BALL
A bingo game that is played in conjunction with one or more regular or special bingo games, and is designated as a bonus ball game by the licensed authorized organization during one or more consecutive bingo occasions, in which a prize is awarded to the player obtaining a specified winning bingo pattern when the last number called by the licensed authorized organization is the designated bonus ball number. The bonus ball prize shall be based upon a percentage of the sales from opportunities to participate in bonus ball games not to exceed 75% of the sum of money received from the sale of bonus ball opportunities or $6,000, whichever shall be less, and which is not subject to the prize limits imposed by §§ 479(5) and (6) and § 481(1)(a) of the New York State General Municipal Law. The percentage shall be specified both in the application for the bingo license and the license. Notwithstanding General Municipal Law § 489, not more than $1 shall be charged per player for an opportunity to participate in all bonus ball games conducted during a single bingo occasion, and the total amount collected from the sale of bonus ball opportunities and the amount of the prize to be awarded shall be announced prior to the start of each bingo occasion.
[Added 2-11-2008 by L.L. No. 1-2008]
CONTROL COMMISSION
The State Lottery Control Commission.[1]
EARLY BIRD
A bingo game which is played as a special game, conducted not more than twice during a bingo occasion, in which prizes are awarded based upon a percentage not to exceed 75% of the sum of money received from the sale of the early bird cards and which is neither subject to the prize limits imposed by §§ 479(5) and (6) and 481(1)(a) of the New York State General Municipal Law nor the special game opportunity charge limit imposed by § 489 of the General Municipal Law. The percentage shall be specified both in the application for the bingo license and the license. Not more than $1 shall be charged per card, with the total amount collected from the sale of the early bird cards and the prize for each game to be announced before the commencement of each game.
[Added 2-11-2008 by L.L. No. 1-2008]
LICENSE
A license issued pursuant to the provisions of this chapter.
SUPERCARD
A bingo card on which prizes are awarded, which card is selected by the player, containing five designated numbers, colors or symbols corresponding to the letters B, I, N, G and O, displayed on the bingo board of the bingo premises operator, which can be played concurrently with the other bingo cards played during the game of bingo.
[Added 2-11-2008 by L.L. No. 1-2008]
[1]
Editor's Note: The term "Control Commission" was redefined by Chapter 46 of the Laws of 1977 to mean the State Racing and Wagering Board. See § 476 of the General Municipal Law, as amended.

§ 86-2 Authorization.

It shall be lawful for any authorized organization, upon obtaining a license therefor as hereinafter provided, to conduct the game of bingo within the territorial limits of the Town of Kingsbury, subject to the provisions of this chapter and the provisions of Article 14-H (§§ 475 through 499) of the General Municipal Law and the provisions of the State Lottery Control Law.[1]
[1]
Editor's Note: The State Lottery Control Law was amended to become the State Bingo Control Law by Chapter 437 of the Laws of 1962. Subsequently Chapter 7 of the Laws of 1964 amended the State Bingo Control Law to become the Bingo Control Law. See Article 19-B of the Executive Law, § 430 et seq.

§ 86-3 License applications.

A. 
Each applicant shall file with the Town Clerk of the Town of Kingsbury a written application in the form prescribed in the rules and regulations of the Control Commission duly executed and verified.
B. 
In each application, there shall be designated an active member or members of the applicant organization under whom the game or games of chance described in the application are to be held, operated and conducted, and there shall be appended to the application a statement executed and verified by the applicant and by the member or members so designated that he, she or they will be responsible for the holding, operation and conduct of such games of chance in accordance with the terms of the license and the provisions of this chapter, Chapter 854 of the Laws of 1957[1] and the rules and regulations of the Control Commission, if such license is granted.
[1]
Editor's Note: See Article 14-4 of the General Municipal Law, § 475 et seq.
C. 
In the event that any premises upon which any such game of chance is to be held, operated or conducted or which is to be used for any other purpose in connection with the holding, operation or conduct thereof is to be leased or rented from any person, persons or corporations, the application shall be accompanied by a written statement signed and verified under oath by such person or persons or on behalf of such corporation, stating his or its address, the amount of rent to be paid for such premises and stating that such lessor, lessors or, if a corporation, all of its officers and each of its stockholders who hold more than 10% or more of its stock issued and outstanding are of good moral character and have not been convicted of a crime.

§ 86-4 General restrictions.

Any game or games licensed hereunder 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, firm, association, corporation or organization, other than an authorized organization licensed under the provisions of this chapter, shall be permitted to conduct such games.
B. 
The entire net proceeds of any game or games shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
C. 
No prize shall exceed the sum or value of $1,000 in any single game of bingo.
[Amended 2-11-2008 by L.L. No. 1-2008]
D. 
No series of prizes on any one bingo occasion shall aggregate more than $3,000.
[Amended 2-11-2008 by L.L. No. 1-2008]
E. 
No person except a bona fide member of such organization shall participate in the management or operation of such game.
F. 
No person shall receive any remuneration for participating in the management or operation of any such game.
G. 
The unauthorized conduct of a bingo game and any willful violation of any provision of this chapter shall constitute and be punishable as a misdemeanor.

§ 86-5 Issuance and duration of license.

A. 
The Town Board of the Town of Kingsbury shall cause to be investigated the qualifications of each applicant and the merits of each application with due expedition after the filing of the application. Such investigation shall be made with the view to determining whether the applicant is duly qualified to be licensed under this chapter to hold, operate and conduct games of chance under the provisions of this chapter and the rules and regulations governing the holding, operation and conduct thereof in the Town of Kingsbury; that the member or members of the applicant designated in the application to hold, operate or conduct the games of chance, to hold, operate and conduct which the license was applied for, are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime; that such games of chance are to be held, operated and conducted in accordance with the provisions of this chapter and in accordance with the rules and regulations governing the holding, operation and conduct thereof; and that the proceeds thereof are to be disposed of as provided by this chapter. If the said Town Board of the Town of Kingsbury is satisfied that no commission, salary, compensation, reward or recompense whatever will be paid or given to any person holding, operating or conducting or assisting in the holding, operation and conduct of any such games of chance, except as in this chapter otherwise provided; and that no prize will be offered and given in excess of the sum or value of $1,000 in any single game of chance; and that the aggregate of all prizes offered and given in all of such games of chance, held, operated and conducted on a single occasion under said license shall not exceed the sum or value of $3,000, it shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of chance applied for, accordingly, upon payment of a license fee or fees established in Chapter 130, Fees, for each occasion upon which any games of chance are to be conducted under such license.
[Amended 12-28-1983 by L.L. No. 2-1983; 2-11-2008 by L.L. No. 1-2008]
B. 
On or before the 30th day of each month, the Supervisor of the Town of Kingsbury shall transmit to the State Comptroller a sum equal to 50% of all license fees collected by the Town of Kingsbury pursuant to this section during the preceding calendar month.
C. 
No license shall be issued under this chapter which shall be effective for a period of more than one year.

§ 86-6 Hearing; amendment of license.

A. 
No application for a license hereunder shall be denied by the Town Board except for good cause shown 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.
B. 
Any license issued under this chapter may be amended upon application to the said Town Board, 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.

§ 86-7 License form.

Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the Control Commission.

§ 86-8 Enforcement.

The Town Board of the Town of Kingsbury shall have and exercise control and supervision over all games of chance held, operated or conducted under such license, and such Town Board and the Control Commission 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 such license, this chapter, §§ 475 to 499 of the General Municipal Law or the rules and regulations of the Control Commission. The Town Board and the Control Commission or any officer designated by them 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 same.

§ 86-9 Days of conduct of games.

[Amended 5-30-1984 by L.L. No. 4-1984]
Such games may be held on any day provided for in such license, and on Sunday said game can be conducted between the hours of 7:00 p.m. and 12:00 midnight.

§ 86-10 Participation by minors.

No person under the age of 18 years is permitted to participate in any game of chance held, operated or conducted pursuant to any license issued under this chapter unless accompanied by an adult.

§ 86-11 Number of games permitted per month; alcoholic beverages prohibited.

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

§ 86-12 Persons eligible to conduct games; equipment; expenditures.

No person shall hold, operate or conduct any game or games of chance under any license issued under this chapter, 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 such 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 and except bookkeepers or accountants as hereinafter provided. No such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee, 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 chapter, 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 whatever. No rental shall be paid for the use of any premises for holding, operating or conducting any such 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 the 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 such statement. No commission, salary, compensation, reward or recompense whatever 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.

§ 86-13 Admission charges; prizes.

[Amended 2-11-2008 by L.L. No. 1-2008]
Except in the conduct of limited period bingo, as defined in General Municipal Law § 476(1) and as admission charges are set forth in General Municipal Law § 489, not more than $5 shall be charged by any licensee for admission to any room or place in which any game or games of chance are to be held, operated and conducted under any license issued under this chapter, which admission fee, upon payment thereof, shall entitle the person paying the same to a card entitling him to participate, without additional charge, in all regular games of chance to be played under such license on such occasion, and no charge in excess of $5 shall be made for a single opportunity to participate in all special games to be played under such license on such occasion. No prize greater in amount or value than $1,000 shall be offered or given in any single game conducted under any such license, and the aggregate amount or value of all prizes offered or given in all games played on a single occasion shall not exceed $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 day as that upon which the game was played. No alcoholic beverage shall be offered or given as a prize in any such game of bingo.

§ 86-14 Advertising of games.

No game of chance to be conducted under any license issued under this chapter 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 by any other means addressed to the general public, except that one sign, not exceeding 60 square feet in area, may be displayed on or adjacent to the premises where the game will be played. An additional sign may be displayed on or adjacent to the premises where the prize or prizes are displayed. 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.

§ 86-15 Statement of receipts and expenses.

Within 15 days after the conclusion of the holding, operating and conducting of any such game of chance, the authorized organization which held, operated or conducted the same, and its members who were in charge thereof, shall furnish to the Clerk of the Town of Kingsbury 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.

§ 86-16 Examination of records; disclosure of information.

The Town Board of the Town of Kingsbury 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 such license is issued 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 such 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 chapter.

§ 86-17 Appeals.

Any applicant for, or holder of, any license issued or to be issued under this chapter aggrieved by any action of the Town Board of the Town of Kingsbury, 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 said Town Board a written notice of appeal within 30 days after the determination of action appealed from, and upon the hearing of such appeal, the evidence, if any, taken before the said Town Board, 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 said appeal shall be binding upon the Town and all parties to said appeal.

§ 86-18 Immunity to prosecution; exceptions.

No person or corporation lawfully conducting, or participating in the conduct of, or 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 or it of any game of chance conducted or to be conducted under any license lawfully issued pursuant to this chapter, shall be liable to prosecution or conviction for violation of any provision of Article 130 of the Penal Law[1] 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 any game of chance under any license obtained by any false pretense or statement made in any application, for such 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: Article 130 of the former Penal Law of 1909 was superseded by Article 225 of the Penal Law of 1965, § 225 et seq.

§ 86-19 Suspension of license.

Any person who shall make any false statement in any application for any such license or in any statement annexed thereto or shall pay any rental for the use of any premises for holding, operating or conducting any game of chance under this chapter 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 § 86-3 of this chapter or 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 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 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 shall violate any of the provisions of this chapter or of any term of such license shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one-year thereafter.

§ 86-20 Amendment procedure.

This chapter may be amended, from time to time, or repealed by the said Town Board, and such amendment or repeal, as the case may be, may be made effective and operative not earlier than 30 days following the date of enactment of the local law or ordinance affecting such amendment or repeal, as the case may be. The approval of a majority of the electors shall not be a condition prerequisite to the taking effect of such local law or ordinance.

§ 86-21 Delegation of authority.

The Town Board of the Town of Kingsbury may delegate to an officer or officers thereof designated by it for that purpose any of the authority granted to it hereby in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings, the supervision of the operation of the games and the collection and transmission of fees.

§ 86-22 Referendum to be held; when effective.

The provisions of this chapter shall remain inoperative unless and until a proposition therefor submitted at a general or special election in the Town of Kingsbury shall be approved by a vote of the majority of the qualified electors voting thereon. In the event that such proposition is so approved, this chapter shall become effective immediately after filing a copy thereof with the Control Commission.