Village of Skaneateles, NY Chapter 121 Games of Chance

[HISTORY: Adopted by the Board of Trustees of the Village of Skaneateles 6-23-1980 by L.L. No. 2-1980. Amendments noted where applicable.]

§ 121-1 Purpose. [1]

The purpose of this chapter is to authorize the issuance of licenses to bona fide religious, charitable, educational, fraternal or service organizations, or organizations of veterans or volunteer firemen, to conduct games of chance in order to raise funds for purposes enumerated in the regulations issued under Article 9-A of the General Municipal Law of the State of New York.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 121-2 Application for license.

A. The applicant shall pay a fee as established by the Board of Trustees for each day that the license is to be effective, and no license shall be issued for a period of more than one year.

B. The applicant shall file all forms and statements required by the regulations of the State Racing and Wagering Board.[1]

[1] Editor's Note: Throughout this chapter, references to the State Bureau of Games of Chance were amended to refer to the State Racing and Wagering Board at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. The Village of Skaneateles shall issue a finding of fact and determination for games of chance and shall issue the license or reject the application within seven days of the application filing.

D. The license shall be granted or rejected by the Mayor as chief executive officer of the Village.

§ 121-3 Expenditures solely and directly applicable to games of chance.

The following expenditures do not require prior approval of the Racing and Wagering Board regulation and must simply be reported in Part B on Form GC-7 which is incorporated in this chapter (but not reproduced herein):

A. Prizes. The total amount paid out as prizes.

B. Equipment and supplies. Games of chance equipment, tables and chairs, public address system, and games of chance currency.

C. Rent. The rent paid to licensed games of chance lessors.

D. Services. Janitorial and custodial services, guard services on own premises, preparation of reports and the cost of maintaining a monthly bookkeeping system.

E. License fees. The total amount prepaid to the Village of Skaneateles.

F. Other expenses. The printing of games of chance forms; postage for games of chance purposes; insurance premiums, if the premium charge for games of chance is separate and distinct; fidelity bonds for persons responsible for games of chance funds; repairs to games of chance equipment; and games of chance filing cabinets and bank charges.

§ 121-4 Expenditures for worthy causes.

Expenditures for the following do not require the prior approval of the Racing and Wagering Board regulation and must be reported in Part E on Form GC-7:

A. Charitable. Donations to recognized charitable organizations such as cerebral palsy, muscular dystrophy, the Heart Fund, the March of Dimes and senior citizens' activities.

B. Patriotic. Contributions to or participation in patriotic, civic and community projects, such as Veterans Day activities, Memorial Day and Independence Day observances, memorials, etc., and uniforms, instruments and related expenses for licensee's band which participates in civic, patriotic and community activities.

C. Youth activities. Donations for organized youth activities, athletic, recreational, civic (e.g., scouting, CYO, drum and bugle corps, Little League, 4-H), oratorical contests, picnics, travel and entertainment.

D. Educational. Contributions for open scholarships, where recipients are not limited to children of the licensee and the selection committee is not dominated by members of the licensee; teachers' salaries; exchange student funds; books for libraries; and equipment for schools or other education organizations.

E. Religious. Contributions or expenditures for religious purposes and activities, e.g., clerics' salaries, maintenance of religious buildings, and purchase of religious supplies.

F. Firemanic activities. Expenditures incurred in providing services in case of fire, accidents, public calamity or other emergencies; purchase of apparatus, equipment and uniforms; attending training schools and inspections; participation in drills and exhibitions; and membership fees of licensee in firemanic associations.

§ 121-5 Guidelines for all other expenditures.

A. All expenditures must be reasonable, necessary and justifiable.

B. The Racing and Wagering Board regulation, at this time, requires at least 1/3 of the net profits derived from games of chance to be expended for the above-mentioned worthy causes. This requirement is calculated on an annual basis and any deficiency will be cumulative. It is incumbent upon each licensee to periodically review its contribution record. If the policy of the Racing and Wagering Board regulation is not strictly adhered to, the licensed organization will not be permitted to use any of its games of chance proceeds for any other expenditure without prior written approval of the Board except for contributions to worthy causes.

(1) Expenditures requiring no written approval:

(a) Materials and labor for repairs which are necessary for normal maintenance, including electrical, roofing, heating, hardware, paint, lumber, etc. However, such expenditure is limited to $500 for any one item and $1,500 in the aggregate in a calendar year. Any disbursements for the above types of expenditures in excess of these amounts require prior written permission from the Board.

(b) Janitorial and custodial salaries, including all payroll taxes.

(c) Supplies such as cleaning materials, brooms, shovels, floor wax, paper supplies, etc.

(d) Utilities, including light, heat, power and water.

(e) Rubbish removal.

(f) Insurance, including fire, workmen's compensation, public liability, burglary, robbery and property damage.

(g) Real estate taxes.

(h) Snow removal charges.

(i) Telephone charges not to exceed monthly message unit allowance or basic monthly charge.

(j) Printing of monthly bulletins of licensee organization only if a games of chance report is included.

(2) Expenditures requiring prior written approval. Submit Application for Permission to Disburse Net Proceeds of Games of Chance (GC-317) in duplicate to the Racing and Wagering Board's office in New York City.

(a) Mortgages.

(b) Rent paid by licensee organization for use of property for its activities.

(c) New buildings, additions, renovations or repairs in excess of $1,500 per calendar year.

(d) Purchase of air-conditioning units, furniture, furnishings, and office and kitchen equipment.

(e) Repair, maintenance and acquisition of parking lots.

(f) Salaries other than those approved in §§ 121-3D, 121-4E and 121-5B(1)(b) above.

(g) Legal or accounting fees in excess of $100.

(h) Motor vehicles for specifically approved charitable, religious or educational organizations.

(i) Journal ads by licensee organizations in publications of other nonprofit or charitable groups.

§ 121-6 Disapproved expenditures.

The following expenditures are considered disapproved:

A. Entertainment or social activities for the benefit of members of the licensee organization. At all times, it should be borne in mind that the use of games of chance funds for the exclusive benefit of members of the licensee organization is unlawful and prohibited.

B. Welfare, sick or death benefit funds for members and families.

C. Dues and assessments imposed upon members of licensee organizations.

D. Gifts or loans to members of licensee organization.

E. Convention expenses for delegates of licensee organization.

F. Any and all expenses connected with bars and the dispensing of alcoholic beverages.

G. Television or other amusement devices for use of licensee organization.

H. Expenses connected with other fund-raising activities.

I. Tickets purchased for worthy causes from other nonprofit or charitable groups to be used by members.

J. All expenditures made directly from an interest-bearing account. The money must be redeposited to the special games of chance account.