[HISTORY: Adopted by the Town Board of the Town of Mount Hope 7-1-2019 by L.L. No. 1-2020. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority of Article 14-H of the General Municipal Law of the State of New York.
The purpose of this chapter is to permit the operation of the game of bingo by authorized organizations in the Town of Mount Hope pursuant to Article 1, § 9, of the Constitution of the State of New York as implemented by Article 19-B of the Executive Law and Article 14-H of the General Municipal Law.
A. 
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, direct or indirect.
B. 
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 the receipts or net profits derived from the operation of such game.
C. 
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 or from another authorized organization.
D. 
The entire net proceeds of any game of bingo and of any rentals shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
E. 
No prize shall exceed the sum or value of $1,000 in any single game of bingo.
F. 
No series of prizes an any one bingo occasion shall aggregate more than $3,000.
G. 
No person except a bona fide member of any such organization shall participate in the management or organization of such game.
H. 
No person shall receive any remuneration for participation in the management or conduct of any game of bingo.
I. 
The unauthorized conduct of a bingo game and any willful violation of any provision of this chapter shall constitute or be punishable as a misdemeanor.
Each applicant to conduct bingo or to lease premises for conducting bingo therein, after obtaining an identification number from the State Racing and Wagering Board (the "Board") shall file with the Town Clerk a written application in the form prescribed in the rules and regulation of the Board, which shall be duly executed and verified by the applicant and shall contain the information required by such rules and regulations.
A. 
The Town Board or its designee shall make an investigation of the qualifications of each applicant and the merits of each application after the filing of such complete application with the Town Clerk and the payment of the application fee therefor.
B. 
Upon a determination of the Town Board or its designee that the applicant is duly qualified and is in compliance with the Board's rules and regulations, it shall issue a license for the conduct of the game of bingo upon payment of the required fee.
C. 
The Town Board shall refuse to issue a license to an applicant seeking to conduct bingo in premises of a licensed commercial lessor where it determined that the premises presently owned or occupied by said applicant are in every respect adequate and suitable for conducting bingo games.
D. 
On or before the 30th day of each month, the Town Clerk shall remit to the Comptroller of the state a sum equal to 50% of the commercial lessor license fees and the sum of $11.25 per occasion or such other fee as may from time to time be authorized by the General Municipal Law of all license fees for the conduct of bingo collected by the Town during the preceding calendar month.
E. 
No license shall be issued under this chapter which shall be effective for a period of more than one year.
For the purpose of effectively administering this chapter, the applicable parts of Article 14-H of the General Municipal Law known as the "Bingo Licensing Law" and Article 19-B of the Executive Law known as the "Bingo Control Law," each authorized organization qualifying for a license shall pay to the Town Clerk such fee as set by the Town Board for each occasion upon which any bingo game is to be conducted under such license
A. 
The Town Board shall have and exercise rigid control and close supervision over all games of bingo conducted under the license issued.
B. 
The Town Board shall have the power and authority to suspend any license and to revoke the same and, in the case of an authorized commercial lessor, to impose a fine in an amount not to exceed $1,000, or such other amount authorized by the General Municipal Law, after notice and hearing, for violation of any provisions of law, including the rules and regulations of the Board.
C. 
The Town Board, by its respective officers and agents, for the purpose of inspection, shall have the right of entry at all times into any premises where any game of bingo is being conducted or where it is intended that any such game shall be conducted or where any equipment is being used or intended to be used in the conduct of such game.
No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued pursuant to this chapter unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this chapter.
A. 
No person shall hold, operate or conduct any game of bingo except a bona fide member of the authorized organization to which the license is issued. A person may assist in holding, operating or conducting a game of bingo, provided that such person is a bona fide member of an auxiliary or an affiliate of the authorized organization to which the license is issued. Notwithstanding the foregoing, any person may assist the licensed organization in any activity related to the game of bingo, provided that such activity does not actually involve the holding, conducting, managing or operating of such game of bingo. Notwithstanding the foregoing, if a person is a member of two or more authorized organizations licensed to conduct bingo games which are not auxiliary or affiliated to one another, such person may operate, conduct or assist in the operation or conduct of games of bingo held by any of such organizations licensed to conduct bingo.
B. 
No game of bingo shall be conducted with any equipment unless it shall be owned by the authorized organization so licensed or, if not so owned, then used without any compensation therefor by the licensee.
Any applicant for or holder of any license issued or to be issued under this chapter aggrieved by any action of the Town Board may appeal to the Racing and Wagering Board from the determination of the Town Board by filing with the Town Board 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 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 Racing and Wagering Board upon said appeal shall be binding upon said Town Board and upon all parties to said appeal.
Any person, association or entity who or which shall make any false statement in any application for any license authorized to be issued under this chapter or who shall violate the provisions of this chapter in any way, shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter.