[HISTORY: Adopted by the Town Board of the
Town of Huntington as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Carnivals, circuses, fairs and amusement events — See Ch. 91.
[Adopted 6-3-1969 as Ch. 9 of the 1969 Code of the Town
of Huntington]
As used in this Article, the following terms
or words shall have the following meanings:
Includes only bona fide religious, charitable or nonprofit
organizations of veterans, volunteer firemen and similar nonprofit
organizations having their principal meeting place and conducting
the majority of their activities within the town.
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 Lottery Control Commission of the State of New
York.
Includes the words. "operate" and "conduct" regardless of
the tense used.
A license issued pursuant to the provisions of this Article.
The Town of Huntington.
The Town Board of the Town of Huntington.
The Town Clerk of the Town of Huntington.
A.
Subject to the provisions of this Article and other
state laws, rules or regulations, and then only when all requirements
thereof have been, are being or will be complied with, it shall be
lawful for authorized organizations to hold games of bingo within
the town.
B.
Pursuant to the General Municipal Law, § 485,
such authorized games of bingo may be conducted on the day requested,
including the first day of the week, commonly known and designated
as Sunday.
[Added 9-26-1972 by Ord. No. 72-CE-19]
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 rental shall be exclusively devoted to the lawful purpose of the
organization permitted to conduct the same.
E.
No prize shall exceed the sum or value of $250 in
any single game of bingo.
F.
No series of prizes on any one bingo occasion shall
aggregate more than $1,000.
G.
No person except a bona fide member of any such organization
shall participate in the management or operation of such game.
H.
No person shall receive any remuneration for participating
in the management or operation of any game of bingo.
[Amended 11-6-2019 by L.L. No. 56-2019]
Any violator of this Article or any section or provision thereof
shall, upon conviction, be guilty of a Class A misdemeanor, and subject
to a fine of not less than $250 dollars and not more than $1,000 or
imprisonment for a period not exceeding one year for each offense,
or by both such fine or imprisonment. Any person or entity found by
the Bureau of Administrative Adjudication to have violated any provision
of this Article shall likewise be subject to a monetary penalty within
the range of fines authorized herein.
All games of bingo authorized by this Article
shall be conducted in compliance with all present requirements of
Article 14-H of the General Municipal Law, Article 19-B of the Executive
Law and the rules and regulations of the Bingo Control Commission.
[Adopted 10-12-1976 by Ord. No. 76-CE-36 (Ch. 9A of the 1969 Code of the Town of Huntington)
The Town of Huntington hereby declares that
the raising of funds for the promotion of bona fide charitable, educational,
scientific, health, religious and patriotic causes is in the public
interest and would thereby benefit all the residents of the Town of
Huntington. The conducting of games of chance in the past, while also
being illegal, was subject to exploitation by professional gamblers
as well as by the undesirable elements of organized crime. It is hoped
that this Article of the Code of the Town of Huntington will allow
bona fide authorized organizations to raise funds in order that they
may continue and expand their community service while at the same
time ensuring that the funds so raised will not be exploited and used
for other purposes.
As used in this Article, the following terms
shall have the meanings indicated:
An authorized organization which has been granted a lessor's
license pursuant to this Article to lease a hall in which games of
chance are to be conducted.
Includes any bona fide religious or charitable organization
or bona fide educational or service organization or bona fide organization
of veterans or volunteer firemen which shall have as a dominant purpose
one or more of the lawful purposes as defined in this Article. Such
organization shall be in existence and operating for this lawful purpose
for a period of at least three years immediately prior to applying
for a license under this Article. No political party shall be deemed
to be an "authorized organization."
Any person, firm, partnership or organization licensed by
the Board to sell or lease games of chance equipment or paraphernalia
which meets the specifications and regulations established by the
Board. Nothing in this Article shall prevent an authorized organization
from purchasing common articles, such as cards and dice, from normal
sources of supply of such articles or from constructing equipment
and paraphernalia for games of chance for its own use. However, no
such equipment or paraphernalia constructed by an authorized organization
shall be sold or leased to any other authorized organization without
the written authorization of the Board.
The New York State Racing and Wagering Board.
The Town Clerk of the Town of Huntington.
Includes without limitation specific games of chance authorized
by law and those in which prizes are awarded on the basis of a designated
winning number or numbers, color or colors, symbol or symbols determined
by chance, but not including games commonly known as "bingo" or "lotto"
and also not including slot machines, bookmaking and policy or numbers
games as defined in § 225.00 of the New York State Penal
Law. No "game of chance" shall involve wagering of money by one player
against another.[1]
[Amended 11-15-1988 by Ord. No. 88-CE-10]
Includes one or more of the following purposes or causes:
Those which shall benefit needy and deserving
persons in allowing for their religious or educational advancement
or relieving them from disease or distress or by aiding their physical
well-being or by helping them to establish themselves as worthy and
useful citizens or by enhancing their loyalty to the governments.
Those which shall initiate, perform or foster
worthy public works or shall enable or further the erection or maintenance
of public structures.
Those which shall otherwise lessen the burdens
borne by government or which are voluntarily undertaken by an authorized
organization to augment or supplement service which government would
normally render to the people.
The conducting of any type of game of chance on any one occasion
which shall not exceed the period of six consecutive hours. No series
of prizes in any one "license period" shall exceed the sum of $1,000.
A sum of money or item of merchandise or service which is
awarded to one who wins a game of chance and where those who do not
win surrender their currency at the conclusion of a single operation
of a game of chance. No "prize" for any one participant in any one
operation of such game of chance shall exceed $100. If a "prize" is
awarded based on odds, only that portion in excess of the winning
wager made shall be considered the "prize." If merchandise or services
are awarded as the "prize," the value shall be seen as the actual
cost of the merchandise or service.
The Town of Huntington.
A.
Each applicant for a license to conduct games of chance
shall file with the Clerk a written application on a form to be supplied
by the Clerk, duly executed and verified, which shall contain the
following information:
(1)
The identification number issued to the applicant
by the State Racing and Wagering Board.
(2)
The name and address of the applicant, together with
sufficient facts relating to the organization to enable the Clerk
to determine whether or not the applicant is a bona fide organization.
(3)
The date on which the applicant organization was incorporated
or came into being.
(4)
The names and resident addresses of its officers;
the place or places where, the date or dates and the time or times
when the applicant intends to conduct the games of chance.
(5)
The amount of rent to be paid or other consideration
to be given directly or indirectly for each occasion for the use of
the premises or hall of another authorized organization licensed under
the provisions of this Article to conduct games of chance or for the
use of the premises or hall of an authorized games of chance hall
lessor.
(6)
All other items of expense intended to be incurred
or paid in connection with the holding, operating and conducting of
such games of chance, and the names and addresses of the persons to
whom and the purposes for which they are to be paid.
(7)
The purpose to which the entire net proceeds of such
games of chance are to be devoted and in what manner.
(8)
A statement that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such
games of chance or for assisting therein except as otherwise provided
by this Article.
B.
Each application shall designate not less than four
active and bona fide members of the applicant organization under whom
the games are to be conducted and shall have attached to it a statement,
duly executed and verified by the members so designated, that they
will be responsible for the manner in which the games are conducted,
in accordance with the terms of the license and any rules or regulations
that may or may not be placed in effect by the Board.
C.
The fee for the filing of an application to obtain
a license to conduct games of chance shall be $25.
A.
Each applicant for a license to be an authorized games
of chance hall lessor shall file with the Clerk a written application
on a form to be supplied by the Clerk, duly executed and verified,
which shall contain the following information:
(1)
Name and address of the applicant.
(2)
Designation and address of the premises or hall intended
to be covered by the license sought and the owner thereof.
(3)
A statement that the applicant lessor in all respects
is qualified as an authorized organization as defined by this Article.
(4)
The proposed rent for one occasion.
B.
License application fee. The fee for the filing of
an application to obtain a license to be an authorized games of chance
hall lessor shall be $50.
A.
License to conduct games of chance. The Clerk shall
make an investigation of the qualifications of each applicant and
the merits of each application. Such investigation shall include but
shall not be limited to the following findings:
B.
License for authorized games of chance hall lessor.
The Clerk shall make an investigation of the qualifications of each
applicant and the merits of each application. Such investigation shall
include but shall not be limited to the following findings:
(1)
That the applicant lessor is an authorized organization
as defined in this Article:
(2)
That the issuance of such a license is in the public
interest.
(3)
That the organization that is to use the premises
or hall is a duly licensed authorized organization.
(4)
That the funds received from the leasing shall be
used for the lawful purpose of the organization.
A.
License to conduct games of chance. The license fee
shall be $25 for each license period.
B.
License as authorized games of chance hall lessor.
The license fee shall be $50 for each license period that a duly licensed
authorized organization leases the premises or hall. The license issued
pursuant to this subsection shall be for one occasion only.
C.
No license issued pursuant to this Article shall be
effective for a period of time exceeding one year.
On or before the 30th day of each month, the
Clerk shall transmit to the State Comptroller a sum equal to 50% of
all authorized games of chance hall lessors' license fees and the
sum of $15 per license period for the conduct of games of chance collected
by the Clerk during the preceding mouth.
A.
License to conduct games of chance. Each license shall
contain the name of the licensee, the address of the licensee, the
names and addresses of the members under whom the games are to be
conducted, the place and time when the games are to be conducted,
the purpose for which the funds raised will be used, a statement that
the net prize winnings will not exceed the legal limit and any other
items that may be required by the Board. Said license shall be conspicuously
displayed at the place where the game is to be conducted at all times
during the conduct thereof.
B.
License to lease premises or hall. The license shall
contain the name and address of the authorized organization games
of chance hall lessor, the address of the premises or hall to be leased,
the permissible rent and any and all rules and regulations as may
be stated by the Board. Said license shall be conspicuously displayed
at the place where the game is to be conducted at all times during
the conduct thereof.
A.
No person or organization shall conduct games of chance
or lease premises allowing them to be conducted unless first obtaining
a license from the Clerk to do so.
B.
Any rent charged for the leasing of a hall or premises
to conduct games of chance shall be an absolute figure and may not
be based on a percentage rate of the total revenue.
C.
Equipment, if leased, must be leased from an authorized
dealer licensed by the Board or from another authorized organization
with the approval of the Board.
D.
The entire net proceeds received from the conduct
of the games must be used for the lawful purposes of the authorized
organization.
E.
No single prize can exceed the amount or value of
$100.
F.
No wager can exceed the amount or value of $10.
G.
No series of prizes on any one license period shall
exceed the amount or value of $1,000.
H.
No person except a member of the authorized organization
conducting the games or its recognized auxiliary organization shall
participate in the management or operation of said games, nor shall
any person be paid for providing this service.
I.
No games of chance shall be conducted by an authorized
organization more than 12 times in a calendar year.
J.
Except with respect to the sole conduct of the game
of chance known as "bell jar," as defined by General Municipal Law
§ 186, Subdivision 3-a, no games of chance shall be conducted
except between the hours of 12:00 noon and 12:00 midnight, Monday
through Thursday, and between the hours of 12:00 noon Friday and Saturday
and 2:00 a.m. Saturday and Sunday. Games of chance will not be allowed
to be held at any other times.
[Amended 11-15-1988 by Ord. No. 88-CE-10]
K.
Subject to the provisions of the Alcoholic Beverage
Control Law, beer may be offered for sale during the conduct of the
games but the offering of all other alcoholic beverages is prohibited.
L.
No person under the age of 18 years shall be allowed
to participate in the games, take part in the management of the games
nor be allowed on the premises during the conduct of the games.
M.
Not more than $2 shall be charged by any licensee
for admission.
N.
Every winner and every prize shall be determined and
awarded as well as delivered within the same calendar day as the game
was conducted.
O.
No alcoholic beverages of any kind shall be awarded
as a prize in any game of chance.
P.
No game of chance shall be advertised as to its location,
except that one sign, in accordance with the Code of the Town of Huntington[1] with respect to size and placement, may be displayed on
the premises owned or occupied by a licensed authorized organization,
and when an organization is licensed to conduct games of chance on
premises of an authorized games of chance hall lessor, one additional
such sign may be displayed on the premises in which the games are
to be conducted.
Q.
No game of chance shall be conducted unless an officer
of the Suffolk County Police Department shall be present on the premises
during the entire operation of the games of chance. It shall be the
obligation of the licensed authorized organization conducting the
games of chance to notify the Suffolk County Police Department at
least 72 hours before the games of chance commence, the date of which
is provided for in the license issued pursuant to this Article.
A.
Within seven days after the conclusion of any license
period, the authorized organization that conducted the games and the
members who were in charge of such conduct shall furnish to the Clerk
a statement signed by the members in charge, affirmed by them as true
under the penalties of perjury, showing the amount of the gross income
from the conduct of such games of chance; the expenses incurred, as
paid or to be paid, other than the prizes awarded for winning a game
of chance; the name and address of each person to whom the expenses
were paid or will be paid, with a detailed explanation of the need
for such expenditure; the description of the merchandise or service
rendered; the net proceeds obtained from the conduct of the games
and the uses for which said moneys have been used or will be used;
a list of all prizes offered and given, with the values thereof. It
shall be the duty of the licensee to maintain and keep all books and
records that are necessary to verify the particulars of the financial
statement rendered.
B.
Upon filing said financial statement with the Clerk,
the authorized organization shall pay to the Clerk, in cash or certified
check, an additional license fee based on a percentage of the net
proceeds for the period covered by the statement. The percentage rate
shall be based upon a schedule which shall be established by the Board.
The Clerk shall have the power to examine or
cause to be examined the books and records of:
A.
Any authorized organization which is presently or
which has been licensed to conduct games of chance, as far as such
books and records might relate to the conducting of these games of
chance and the disposition of the net proceeds derived therefrom.
In addition, the Clerk may examine or cause to be examined any manager,
officer, member or agent of the authorized organization, under oath,
in relation to any matter which may be related to the conduct of the
games of chance and the disposition of the net proceeds.
B.
Any authorized games of chance hall lessors, so far
as such books and records might relate to the leasing of a hall or
premises for games of chance, and, in addition, the Clerk may examine
or cause to be examined any manager, officer, member or agent of the
lessor, under oath, in relation to such leasing and the disposition
of the net proceeds derived therefrom.
It shall be a violation of this Article for
any person, corporation, association or organization to:
A.
Make any false statement on any application for any
license authorized under this Article.
B.
Pay or accept payment for the use of any hall or premises
for conducting games of chance, an amount greater than the amount
set forth in the license provided for by this Article.
C.
Fail to keep such books and records as shall fully
and truly record and reflect all transactions connected with the conducting
of games of chance or the leasing of the hall or premises for such
purpose.
D.
Falsify or make any false entry in any books or records
relating to the manner of conduct of such games of chance, the rents
received and the manner of disposition of the net proceeds.
E.
Divert or pay any portion of the net proceeds of any
game of chance to any person, association, corporation or organization
except in the furtherance of one or more of the lawful purposes as
set forth in this Article.
F.
Violate any of the rules, restrictions or guidelines
that are established and set forth in this Article.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
Any person, association, corporation or organization or any member,
officer, agent or employee of any such entity who violates any of
the provisions of this Article shall upon conviction be guilty of
a misdemeanor and subject to a fine of not less than $250 and not
more than $1,000 or a period of incarceration not to exceed one year
or both. Any person or entity found by the Bureau of Administrative
Adjudication to have violated this Article shall likewise be subject
to a monetary penalty within the range of fines authorized herein.
(B)
In addition, any person, association, corporation or organization
found guilty of violating the provisions of this Article, or found
by the Bureau of Administrative Adjudication to have violated this
Article, shall forfeit any license issued pursuant to this Article
and shall be barred and ineligible to apply for such a license pursuant
to this Article for at least a period of five years from the date
of such forfeiture.
The provisions of this Article shall not become
effective until adopted by the Town Board of the Town of Huntington
after a public hearing and until the proposition as approved by the
Town Board of the Town of Huntington shall be submitted to the voters
of the Town of Huntington at a general or special election and approved
by a vote of the majority of the qualified voters of the Town of Huntington
voting thereon.[1] In no event will the provisions of this Article be effective
within the Town of Huntington prior to January 1, 1977.
[1]
Editor's Note: This ordinance was approved
at referendum by the electors of the Town 11-2-1976.
