[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]
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.
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.
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.
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.
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.
[Amended 12-29-1999 by L.L. No. 7-1999]
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.
[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.
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.
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]
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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]
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.
[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.
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.
[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.
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.
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.
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.
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.
