Town of Delaware, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Delaware as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-1999 by L.L. No. 1-1999]

§ 97-1 Purpose.

The purpose of this article is to render it lawful for any authorized organization, as defined in § 476 of the General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the Town of Delaware, subject to the provisions of this article, Article 14-H of the General Municipal Law and Article 19B of the Executive Law.

§ 97-2 License required.

No person, firm, association, corporation or organization 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, directly or indirectly.

§ 97-3 Rental agreements.

No bingo games 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 receipts or net profits derived from the operation of such games.

§ 97-4 Suppliers of 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 such use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law or another authorized organization.

§ 97-5 Use of proceeds.

The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.

§ 97-6 Prize limits.

[Amended 12-29-1999 by L.L. No. 7-1999]
A. 
No prize shall exceed the sum or value of $1,000 in any single game of bingo.
B. 
No series of prizes on any one bingo occasion shall aggregate more than $3,000.

§ 97-7 Management of games; remuneration.

A. 
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
B. 
No person shall receive any remuneration for participating in the management or operation of any game of bingo.

§ 97-8 Limited-period bingo.

Limited-period bingo shall be conducted in accordance with Article 14-H of the General Municipal Law and the rules and regulations of the Racing and Wagering Board.

§ 97-9 Advertisement signs.

[Added 12-29-1999 by L.L. No. 7-1999]
A licensee may advertise the conduct of an occasion of bingo to the general public by means of newspaper, circular, 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; and when an organization is licensed to conduct bingo occasions on the premises of another licensed 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. Additional signs may be displayed upon any firefighting equipment belonging to any licensed authorized organization which is a volunteer fire company, or upon any equipment or 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 a 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.

§ 97-10 Penalties for offenses.

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.

§ 97-11 Referendum.

This article shall be submitted for the approval of the electors of the Town of Delaware at the general election of local government officers in such Town to be held on November 2, 1999, in accordance with § 23 of the Municipal Home Rule Law of the State of New York.
[Adopted 8-18-1999 by L.L. No. 2-1999]

§ 97-12 Definitions.

As used herein, the following terms shall have the same definitions as are assigned to them by § 186 of the General Municipal Law of the State of New York, as the same may be amended from time to time. "Board," "games of chance," "authorized organization," "lawful purposes," "net proceeds," "net lease," "authorized games of chance lessor," "authorized supplier of games of chance equipment" and "one occasion."

§ 97-13 Authorization to conduct games.

From and after the effective date of this article having been approved by referendum of the Town of Delaware, as hereafter provided, it shall be lawful for any authorized organization, upon obtaining a license therefor as hereinafter provided, to conduct games of chance within the Town of Delaware, subject to the provisions of this article, Article 9-A of the General Municipal Law of the State of New York and the rules and regulations promulgated by the Board, as the same may be amended from time to time.

§ 97-14 Application for licenses.

A. 
Each applicant for a license to conduct games of chance shall, after obtaining an identification number from the Board, file with the Town Clerk a written application therefor in a form to be prescribed by the Board, duly executed and verified, containing such information as may be required by law and by the rules and regulations of the Board. In each such application, there shall be designated no less than four active members of the application organization under whom the game or games of chance will be conducted; and to the application shall be appended a statement, executed by the members so designated, that they will be responsible for the conduct of such games in accordance with the terms of the license, the rules and regulations of the Board and of Article 9-A of the General Municipal Law of the State of New York.
B. 
Each applicant for a license to lease premises to a licensed organization for the purposes of conducting games of chance therein shall file with the Town Clerk a written application therefor in a form to be prescribed by the Board, duly executed and verified, and which shall contain such information as shall be required by law and by the rules and regulations of the Board.

§ 97-15 Investigation of applicants.

The Town Clerk shall make an investigation of the qualifications of each applicant and the merits of each application with due expedition after the filing of the application. For purposes of assisting in the conduct of such investigation, the Town Clerk may call upon the resources of the constables of the Town of Delaware, other duly appointed and acting Town officials, and other law enforcement agencies.

§ 97-16 Issuance of licenses.

A. 
If the Town Clerk shall determine that the applicant for a license to conduct games of chance is duly qualified therefor and meets the requirements of § 191, Subdivision 1(a), of the General Municipal Law of the State of New York and the rules and regulations of the Board and the provisions of this article, as the same may be amended from time to time, he/she shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee of $25 for each license period.
B. 
If the Town Clerk shall determine that the applicant seeking to lease a hall or premises for conduct of games of chance to an authorized organization is duly qualified to be licensed under the provisions of § 191, Subdivision 1(b), of the General Municipal Law of the State of New York and the rules and regulations of the Board and the provisions of this article, as the same may be amended from time to time, he/she shall issue a license permitting the applicant to lease said premises for the conduct of such games to the authorized organization or organizations specified in the application during the period therein specified or such shorter period as such Clerk shall determine, but not to exceed 12 license periods during a calendar year, upon payment of a license fee of $50. Nothing herein shall be construed to require the applicant to be licensed under Article 9-A of the General Municipal Law to conduct games of chance.

§ 97-17 Hearings.

No application for the issuance of a license to an authorized organization shall be denied by the Town Clerk until 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.

§ 97-18 Amendments to licenses.

Any license issued under this article may be amended, upon application made to the Town Clerk who issued it, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional fee, if any, as would have been payable if it had been so included.

§ 97-19 Form and display of licenses.

A. 
Each license to conduct games of chance shall be in the form prescribed by the Board and shall contain such information as may be required by law and/or the rules and regulations of the Board, as the same may be amended from time to time. Each such license shall be conspicuously displayed at the place where the games of chance are to be conducted at all times during the conduct thereof.
B. 
Each license to lease premises for the conduct of games of chance will be in such form as may be prescribed by the Board and will contain such information as may be required by law and/or the rules and regulations of the Board, as the same may be amended from time to time. Each such license shall be conspicuously displayed upon such premises at all times during the conduct of such games of chance.

§ 97-20 Control and supervision of games; penalties for offenses.

An enforcement officer designated by the Town Board shall have and exercise rigid control and close supervision over all games of chance conducted under such license to the end that the same are fairly conducted in accordance with the provisions of such license, the provisions of the rules and regulations promulgated by the Board and the provisions of Article 9-A of the General Municipal Law of the State of New York. The enforcement officer designated by the Town Board and the Board shall have the power and the authority to temporarily suspend any license issued by the Clerk, pending a hearing and after notice and hearing, the Board may suspend or revoke the same and additionally impose a fine in an amount not exceeding $1,000 for violation of any such provisions, and shall have the right of entry by their respective officers and agents at all times into any premises where any games of chance are being 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. An enforcement officer designated by the Town Board shall make an on-site inspection during the conduct of all games of chance licensed pursuant to this article.

§ 97-21 Sale of alcoholic beverages.

Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance on games of chance premises, as such premises are defined in Subdivision 19 of § 186 of the General Municipal Law; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises or the sale of any other alcoholic beverage in premises where only the game of chance known as the "bell jar" is conducted.

§ 97-22 Days of conduct.

Except as provided in § 97-23, no games of chance shall be conducted on Sunday unless specifically so provided in the license. The Town Clerk is hereby authorized to include such provision in any license, upon a proper showing by the applicant of the need therefor. No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.

§ 97-23 Frequency of games; hours.

A. 
No game or games of chance shall be conducted under a license issued under this article more than 12 times in any calendar year.
B. 
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. on Saturday and only between the hours of 12:00 noon on Saturday and 2:00 a.m. on Sunday. The closing period of 2:00 a.m. shall also apply to legal holidays.

§ 97-24 Restrictions on minors.

No person under the age of 18 years shall be permitted to play any game or games of chance conducted pursuant to any license issued under this article. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of chance conducted pursuant to any license issued under this article.

§ 97-25 Conduct of games.

A. 
No person shall hold, operate or conduct any games 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, operating or conducting of any game 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 member of an organization or association which is affiliated with the licensee by being with it auxiliary to another organization or association.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No game of chance shall be conducted with any equipment, except such as shall be owned or leased by the authorized organization so licensed, or used without payment of any compensation therefor by the licensee.
C. 
At least two officers, directors, trustees or clergy of the authorized organization shall, upon request, certify under oath that the persons assisting in holding, operating or conducting any game of chance are bona fide members of the authorized organization, auxiliary or affiliated organization.
D. 
Upon request by the enforcement officer designated by the Town Board, any such person involved in such games of chance shall certify that he or she has no criminal record.
E. 
No items of expense shall be incurred or paid in connection with the conducting of any game of chance pursuant to any license issued under this article, except those that are reasonable and are necessarily expended for games of chance, supplies and equipment, prizes, stated rental, if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the Board, janitorial services and utility supplies, if any, and license fees and the cost of bus transportation.

§ 97-26 Admission price; prizes.

A. 
No player shall be permitted to enter into any room in which any game or games of chance are to be conducted under any license issued under this article without purchasing at least one admission card at a price not to exceed $5.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Every winner shall be determined and every prize shall be awarded and delivered within the same calendar day as that upon which the game was played.
C. 
No alcoholic beverage shall be offered or given as a prize in any game of chance.

§ 97-27 Advertisement; signs.

[Amended 12-29-1999 by L.L. No. 8-1999]
A licensee may advertise the conduct of an occasion of games of chance to the general public by means of newspaper, circular, handbill and posters, 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; and when an organization is licensed to conduct games of chance on the premises of another licensed organization or of a licensed commercial lessor, one additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted. Additional signs may be displayed upon any firefighting equipment belonging to any licensed authorized organization which is a volunteer fire company or upon any equipment or 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 a description of such event as "Games of Chance" or "Las Vegas Night," the name of the licensed authorized organization conducting such games, license number of the authorized organization as assigned by the Clerk, and the date, location and time of the event.

§ 97-28 Records.

Within seven days after the conclusion of any license period, the authorized organization which conducted the game, its members who were in charge thereof and, when applicable, the authorized organization which rented its premises therefor shall each furnish to the Town Clerk a statement subscribed by the member in charge and affirmed by him as true, under the penalties of perjury, showing the amount of the gross receipts derived therefrom and each item of expense incurred or paid and each item of expenditure made or to be made other than prizes, the name and address of each person to whom each such item of expense has been paid or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from the conduct of games of chance during such license period and the use to which such proceeds have been or are to be applied, and a list of prizes offered and given, with the respective values thereof. It shall be the duty of each licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each such statement.

§ 97-29 Additional license fee.

[Amended 12-29-1999 by L.L. No. 8-1999]
Upon filing of such statement of receipts, the authorized organization furnishing the same shall pay to the Town Clerk as and for an additional license fee a sum based upon the reported net proceeds, if any, for the license period or, in the case of raffles, for the occasion covered by such statement and determined in accordance with such schedule as shall be established from time to time by the Board to defray the actual cost to the Town of administering the provisions of this article, but such additional license fee shall not exceed 5% of the net proceeds for such license period. The provisions of this section shall not apply to the net proceeds from the sale of bell jar tickets. No fee shall be required where the net proceeds or net profits derived from the conduct of a raffle or raffles are less than $30,000 during any one occasion.

§ 97-30 Examination of records.

A. 
The Town Clerk shall have power to examine or cause to be examined the books and records of:
(1) 
Any authorized organization which is or has been licensed to conduct games of chance, so far as it may relate to games of chance, including the maintenance, control and disposition of net proceeds derived from games of chance or from the use of its premises for games of chance, and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any such game under any such license, the use of its premises for games of chance, or the disposition of net proceeds derived from games of chance, as the case may be.
(2) 
Any authorized games-of-chance lessor so far as it may relate to leasing premises for games of chance, and to examine said lessor or any manager, officer, director, agent or employee thereof under oath in relation to such leasing.
B. 
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.

§ 97-31 Appeals.

Any applicant for or holder of any license issued or to be issued under this chapter, aggrieved by any action of the enforcement officer designated by the Town Board or Town Clerk to which such application has been made or by which such license has been issued, may appeal to the Board from the determination of said enforcement officer or Town Clerk by filing with the enforcement officer or Town Clerk a written appeal within 30 days after the determination or action appealed from; and upon the hearing of such, the evidence, if any, taken before such enforcement officer or Town Clerk 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 Board upon said appeal shall be binding upon the enforcement officer or Town Clerk and all parties to said appeal.

§ 97-32 Effect of making application.

Any person or persons who shall execute an application on behalf of any authorized organization shall, by the making of such application, warrant that he is familiar with the provisions of state law and the rules and regulations of the Board which may be applicable to such license and agrees to abide thereby.

§ 97-33 Referendum.

This article shall be submitted for the approval of the electors of the Town of Delaware at the general election of local government officers in such Town to be held on November 2, 1999, in accordance with § 23 of the Municipal Home Rule Law of the State of New York.