[1]
State law references: Local option for conduct of bingo by
certain organizations, § 475 et seq. of the General Municipal
Law; gambling, § 225.00 et seq. of the Penal Law; lotteries,
§ 225.00 et seq. of the Penal Law.
[Ord. of 11-16-1964, § 1]
As used in this article, unless the context requires otherwise,
the following terms shall have the meanings respectively ascribed:
Includes only bona fide religious, charitable or nonprofit
organizations of veterans, volunteer firemen and similar nonprofit
organizations.
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.
The State Bingo Control Commission.
A license issued pursuant to the provisions of this Article.
[Ord. of 11-16-1964, § 2]
It shall be lawful for any authorized organization, upon obtaining
a license therefor as herein provided, to conduct the game of bingo
within the territorial limits of the city, subject to the provisions
of this article, the provisions of Article 14-H of the General Municipal
Law and the provisions of the State Bingo Licensing Law.[1]
[1]
Editor's Note: See Art. 19-B of the Executive Law.
[Ord. of 11-16-1964, § 3]
(a)
Form, exception. Each applicant shall file with
the city chamberlain a written application in the form prescribed
in the rules and regulations of the State Bingo Control Commission,
duly executed and verified.
(b)
Contents. 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 or they will be responsible for the
holding, operation and conduct of such games of chance in accordance
with the terms of the license, the provisions of this Article, the
laws of the State of New York and the rules and regulations of the
State Bingo Control Commission, if such license is granted.
(c)
Statement as to rental. 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, the application shall be accompanied by a written statement
signed and verified under oath by such person stating his address
and the amount of rent to be paid for such premises and stating that
such lessor or, if a corporation, 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.
[Ord. of 11-6-1964, § 6-1]
No application for a license hereunder shall be denied by the
City Chamberlain until after a hearing, held on due notice to the
applicant, at which time the applicant shall be entided to be heard
upon the qualifications of the applicant and the merits of the application.
[Ord. of 11-16-1964, § 5]
(a)
Authority of City Chamberlain; license fee. The
Police Department at the request of the City Chamberlain shall cause
to be investigated the qualifications of each applicant and the merits
of each application after the filing thereof. The City Chamberlain,
upon receiving a report of the Police Department's investigation
and upon being satisfied of the qualifications of the applicant to
be licensed, the relationship of the members under whom such games
are to be conducted with the applicant and whether all of said persons
are of good moral character and being satisfied that the conduct of
such games will comply with all of the provisions of law and rules
and regulations applicable thereto, shall issue a license to the applicant
for the holding, operation and conduct for the specific kind of games
of chance applied for upon payment of a license fee of $10 for each
occasion upon which any games of chance are to be conducted under
such license, which fees are to be paid to the Treasurer of the city.
(b)
Transmittal of license fees. On or before the 30th
day of each month, the Treasurer of the city shall transmit to the
State Comptroller a sum equal to 50% of all license fees collected
by the city pursuant to this section during the preceding calendar
month.
(c)
Duration. A license issued under this Article shall
be effective for a period of only one year from the date of issuance.
[Ord. of 11-16-1964, § 6-2]
Any license issued under this Article may be amended upon application
to the City Chamberlain, 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.
[Ord. of 11-16-1964, § 7]
Each license hereunder shall be in such form as shall be prescribed
in the rules and regulations promulgated by the Control Commission.
[Ord. of 11-16-1964, § 8]
(a)
Generally. The City Chamberlain shall have and exercise
control and supervision over all games of chance held, operated or
conducted under a license hereunder and 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 Article,
§ 475 to 499 of the General Municipal Law or the rules and
regulations of the State Bingo Control Commission.
(b)
Right of entry. The City Chamberlain or any officer
designated by him 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.
[Ord. of 11-16-1964, § 4]
Any game 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)
Payment of rental. No person other than a licensee
under the provisions of Article 14-H of the General Municipal Law
shall conduct such game or shall lease or otherwise make available
for conducting bingo a hall or other premises for any consideration
whatsoever, direct or indirect, 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.
(b)
Acquisition of supplies, equipment. No authorized
organization licensed under the provisions of Article 14-H of the
General Municipal Law shall purchase or receive any supplies or equipment
specifically designed or adapted for use in the conduct of bingo games
from other than a supplier licensed under the Bingo Control Law[1] or from another authorized organization.
[1]
Editor's Note: See Art. 19-B of the Executive Law.
(c)
Use of proceeds. The entire proceeds of any game
or games shall be exclusively devoted to the lawful purposes of the
organization permitted to conduct the same.
(d)
Value of single prize. No single prize shall exceed
the sum or value of $250.
(e)
Total value of prizes. No series of prizes on any
one occasion shall aggregate more than $1,000.
(f)
Management, operation restricted. No person except
a bona fide member of such organization shall participate in the management
or operation of such game.
(g)
Remuneration for management, operation. No person
shall receive any remuneration for participating in the management
or operation of such game.
(h)
Violations. The unauthorized conduct of a bingo
game and any willful violation of any provision of this Article shall
constitute and be punishable as a misdemeanor.
[Ord. of 11-16-1964, § 9]
Games may be held only on the day provided for in such license.
[Ord. of 11-16-1964, § 13]
Not more than $1 shall be charged by any licensee for admission
to any room or place in which any game of chance is to be held, operated
and conducted under any license issued under this Article, 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 $1 shall be made for a single
opportunity to participate in all special games to be played under
such license on such occasion.
[Ord. of 11-16-1964, § 10]
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated or conducted pursuant
to any license issued under this Article unless accompanied by an
adult.
[Ord. of 11-16-1964, § 11]
No game of chance shall be held, operated or conducted under
any license issued under this Article 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.
[Ord. of 11-16-1964, § 12]
No person shall hold, operate or conduct any game of chance
under any license issued under this Article except an active member
of the authorized organization to which the license is issued, and
no person shall assist in the holding, operation or conducting of
any game of chance under such license except such 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.
[Ord. of 11-16-1964, § 12]
No games of chance under a license issued under this Article
shall be conducted with any equipment except such as shall be owned
absolutely or used without payment of any compensation therefor by
the licensee.
[Ord. of 11-16-1964, § 12]
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 a license issued under this Article, 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 therefor 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 Section 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 State Bingo Control Commission.
[Ord. of 11-16-1964, § 14; Ord. of 5-6-1980, § 2]
(a)
A licensee may advertise the conduct of an occasion of bingo to the
general public by means of handbill and poster and by one sign not
exceeding 60 square feet in area which may be displayed on or adjacent
to the premises owned or occupied by a licensed authorized organization.
When an organization is licensed to conduct bingo occasions on the
premises of another licensed authorized organization or of a licensed
commercial lessor, one additional such sign may be displayed on or
adjacent to the premises in which the occasions are to be conducted.
(b)
Additional signs may be displayed upon any fire-fighting equipment
belonging to any licensed authorized organization which is a volunteer
fire company or upon any equipment of a first aid or rescue squad
in and throughout the community served by such volunteer fire company
or such first aid or rescue squad, as the case may be. All advertisements
shall be limited to the description of such event as "bingo," the
name of the licensed authorized organization conducting such occasions,
the license number of the authorized organization as assigned by the
clerk and the date, location and time of the bingo occasion.
[Ord. of 11-16-1964, § 13]
(a)
Time of award. All winners of prizes 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 is played.
(b)
Award of alcoholic beverages. No alcoholic beverages
shall be offered or given as a prize in any game licensed hereunder.
[Ord. of 11-16-1964, § 15]
Within 15 days after the conclusion of the holding, operating
and conducting of any game of chance licensed hereunder, the authorized
organization which held, operated or conducted the game and its members
who were in charge thereof, shall furnish to the City Chamberlain
a duly verified statement showing the amount of 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 the 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.
[Ord. of 11-16-1964, § 16]
The City Chamberlain and the State Bingo Control Commission
shall have power to examine or cause to be examined the books and
records of any authorized organization to which any license hereunder
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 Article.
[Ord. of 11-16-1964, § 17]
Any applicant for or holder of a license issued or to be issued
under this Article aggrieved by any action of the city, its officers
or agents, concerning an application which has been made or a license
which has been issued, may appeal to the State Bingo Control Commission
from the determination of the city, its officers or agents, by filing
with the City Chamberlain a written notice of appeal within 30 days
after the determination or action appealed from, and upon the hearing
of such appeal, the evidence, if any, taken before the City Chamberlain,
and any additional evidence may be produced 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
city and all parties to said appeal.
[Ord. of 11-16-1964, § 18]
No person lawfully conducting or participating in the conduct
of a game of chance conducted pursuant to a license hereunder, possessing,
selling or in any manner disposing of any shares, tickets or rights
to participate therein or permitting the conduct upon any premises
owned by him of any such game of chance shall be liable to prosecution
or conviction for violation of any provision of Article 130 of the
Penal Law or any other law or ordinance to the extent that such conduct
is specifically authorized by this Article, but this immunity shall
not extend to any person 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 of any game of chance conducted under any license known
to him to have been obtained by any such false pretense or statement.
[Ord. of 11-16-1964, § 19]
Any person who shall make a false statement in an application for a license hereunder or in any statement annexed thereto or who shall pay any rental for the use of premises for holding, operating or conducting any game of chance under this Article 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 Section 3-16 or who 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 his behalf or who 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 who shall falsify or make a 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 who shall violate any of the provisions of this Article or of any term of such license shall be guilty of a misdemeanor and shall forfeit any license issued under this Article and shall be ineligible to apply for a license under this Article for one year thereafter.
[Ord. of 11-16-1964, § 20]
This Article may be amended from time to time or repealed by
the Common Council, 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 ordinance effecting such amendment or
repeal.
