[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay: Art. I, as Ch. 3, Art. II, of the 1971 Code; Art. II, 11-2-1976 by L.L. No.
4-1976. Section 126-11 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 86.
[Adopted as Ch. 3, Art. II, of the 1971 Code]
As used in this article, the terms "control commission," "bingo,"
"game," "authorized organization" and "license" shall have the meanings
designated by the Bingo Licensing Law.[1]
[1]
Editor's Note: See § 475 et seq. of the General
Municipal Law.
The Town Clerk is hereby delegated all of the authority granted
to the Town Board by the Bingo Licensing Law 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.
A.Â
No person other than an authorized organization licensed under the
provisions of the Bingo Licensing Law shall be permitted to conduct
bingo games within the town.
No premises, whether owned or leased, shall be used or made
available for the conduct of bingo on more than three occasions in
any one week, except by Bingo Licensing Law licensees presently operating
under such licensed arrangements.[2]
[1]
Editor's Note: Former Secs. 3-19, 3-20 and 3-21, dealing with
leasing of premises, which immediately preceded this section, were
deleted 3-21-1991 by L.L. No. 1-1991.
[2]
Editor's Note: Former Secs. 3-23 through 3-27, dealing with
restrictions on the conduct of games, which immediately followed this
section, were deleted 3-12-1991 by L.L. No. 1-1991. See now § 479
of the General Municipal Law.
[Added 9-6-1977]
The conduct of bingo games on Sundays is permitted. No games,
however, shall be conducted on Easter Sunday, Christmas Day or New
Year's Eve.
[Amended 9-6-1977; 3-7-2023 by L.L. No. 4-2023]
Any person committing an offense against this article or any
provision or section thereof is guilty of a Class A misdemeanor punishable
by a fine not exceeding $1,000 or imprisonment for a period not exceeding
one year for each such offense, or by both such fine and imprisonment.
[Added 8-19-1997 by L.L. No. 6-1997; amended 3-7-2023 by L.L. No. 4-2023]
In addition to and notwithstanding any other remedy for an offense
against this chapter, any person violating a directive issued by the
Commissioner or his/her duly authorized representative, made pursuant
to the provisions of this chapter, shall be guilty of a violation
punishable by a fine not exceeding $900 or imprisonment for a period
not to exceed 15 days, or both.
[Added 3-7-2023 by L.L. No. 4-2023]
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this article shall be subject to
a monetary penalty within the range of fines authorized herein.
[Added 3-7-2023 by L.L. No. 4-2023]
In addition, any person, association, corporation or organization
found guilty of violating the provisions of this article by a court
of competent jurisdiction, or found by the Bureau of Administrative
Adjudication to have violated any provision of this article shall
forfeit any license issued pursuant to this article and shall be barred
and ineligible to apply for such a license pursuant to this article
for at least a period of five years from the date of forfeiture.
[Adopted 11-2-1976 by L.L. No. 4-1976]
This article shall be known as the "Town of Oyster Bay Games
of Chance Licensing Law."
A.Â
This article is subject to all conditions and provisions contained
in Article 9-A of the General Municipal Law and any amendments thereto
and the rules and regulations adopted or to be adopted by the New
York State Racing and Wagering Board.
B.Â
The conditions and provisions contained in Article 9-A of the General
Municipal Law and any amendments thereto and the rules and regulations
adopted or to be adopted by the New York State Racing and Wagering
Board, in the event that they are not in agreement with this article,
shall prevail over the conditions and provisions of this article.
C.Â
This article shall take effect on January 1, 1977, provided that
this article shall be approved by a majority of the electors voting
on a proposition submitted at a general election held within the Town
of Oyster Bay who are qualified to vote for officers of the Town of
Oyster Bay.
The Town Board finds the raising of funds for the promotion
of bona fide charitable, educational, scientific, health, religious,
patriotic and other worthy causes, where the beneficiaries are undetermined,
to be in the public interest, and that the mandate of § 9
of Article 1 of the State Constitution, as amended, should be carried
out by rigid regulations to prevent commercialized gambling, prevent
participation by criminal and other undesirable elements and prevent
the diversion of funds from the purposes herein authorized.[1]
[1]
Editor's Note: Former Sec. 4.0, as amended 3-1-1977 by L.L.
No. 1-1977, dealing with definitions, which immediately followed this
section, was deleted 3-12-1991 by L.L. No. 1-1991. See now § 186
of the General Municipal Law.
The Town Clerk is hereby delegated the authority granted to
the Town Board by the Games of Chance Licensing Law, Article 9-A of
the General Municipal Law, in relation to the issuance, amendment
and cancellation of licenses, the conduct of investigations and hearings
and the collection and transmission of fees.
[Amended 3-12-1991 by L.L. No. 1-1991]
The conduct of games of chance on Sundays is only permitted
when it is specifically provided for in the license issued. No games,
however, shall be conducted on Easter Sunday, Christmas Day or New
Year's Eve.[1]
[1]
Editor's Note: Former Secs. 7.0 through 12.0, as amended,
setting forth licensing provisions and restrictions, which immediately
followed this section, were deleted 3-12-1991 by L.L. No. 1-1991.
See now Art. 9-A of the General Municipal Law.
