City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady: Art. I, 2-9-1970 by Ord. No. 15274;[1] Art. II, 8-3-1981 by L.L. No. 3-1981. Sections 135-1, 135-2, 135-3 and 135-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Amusements generally — See Ch. 128.
Dances and dance halls — See Ch. 142.
[1]:
Editor's Note: The provisions of this article are derived from Ch. 5, Art. III, of the former Revised Ordinances, adopted 2-9-1970 by Ord. No. 15274.
[Adopted 2-9-1970 by Ord. No. 15274]

§ 135-1 Administrative and enforcement authority; license.

[Amended 11-26-1973 by Ord. No. 16282[1]]
The authority granted to the Council in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings, the supervision of the operation of the games and the collection and transmission of fees in connection with the playing of bingo is hereby delegated to the City Clerk; and the issuance of licenses to play bingo by the City Clerk is subject to the approval of the Mayor. A license may be issued for the playing of bingo on any day of the week, including Sunday.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 135-2 Municipal Bingo Inspector. [1]

There is hereby created in the Department of the City Clerk a new position and office to be entitled "Municipal Bingo Inspector." He shall have such duties as are prescribed in Article 14H of the General Municipal Law and such other duties as may be assigned to such position by the Mayor or by ordinance.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 135-3 License required. [1]

No person or organization other than a licensee under the provisions of Article 14-H of the General Municipal Law shall conduct a bingo game or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 135-4 Conduct on leased premises.

No bingo game 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.

§ 135-5 Purchases from unlicensed suppliers.

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 adopted for use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law or from another authorized organization.

§ 135-6 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.

§ 135-7 Maximum prizes.

A. 
No prize shall exceed the sum or value of $250 in any single game of bingo.
B. 
No series of prizes on any one bingo occasion shall aggregate more than $1,000.

§ 135-8 Managers to be members of organization.

No person except a bona fide member of the sponsoring organization shall participate in the management or operation of a bingo game.

§ 135-9 Compensation of managers.

No person shall receive any remuneration for participating in the management or operation of any game of bingo.

§ 135-10 Penalties for offenses. [1]

Pursuant to provisions of Article 14-H of the General Municipal Law, "Local Option for Conduct of Bingo by Certain Organizations," the unauthorized conduct of a bingo game and any willful violation of any provision of this article shall constitute and be punishable as a misdemeanor.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 8-3-1981 by L.L. No. 3-1981]

§ 135-11 Short title.

This article shall be known and may be cited as the "Games of Chance Licensing Law of the City of Schenectady."

§ 135-12 Definitions.

A. 
As used in this article, the following terms shall have the following meanings:
AUTHORIZED GAMES OF CHANCE LESSOR
An authorized organization which has been granted a lessor's license pursuant to the provisions of this article.
AUTHORIZED ORGANIZATION
Includes any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firemen, which by its charter, certificate of incorporation, constitution or act of the legislature shall have among its dominant purposes one or more of the lawful purposes as defined in this article, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this article for a period of three years immediately prior to applying for a license under this article. No organization shall be deemed an "authorized organization" which is primarily for the purpose of conducting games of chance and which does not devote at least 75% of its activities to other than conducting games of chance. No political party shall be deemed an "authorized organization."
AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT
Any person, firm, partnership, corporation 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 herein 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 or owned by an authorized organization shall be sold or leased to any other authorized organization without written permission from the Board.
BOARD
The New York State Racing and Wagering Board.
CLERK
The City Clerk of the City of Schenectady.
GAMES OF CHANCE
Includes only the games known as "merchandise wheels," raffles and such other specific games as may be authorized by the Board 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," which are controlled under Article 14-H of the General Municipal Law, and also not including "slot machines," "bookmaking," "policy" or "numbers games" and "lottery" as defined in § 225.00 of the Penal Law. No "game of chance" shall involve wagering of money by one player against another player.
[Amended 8-14-2000 by Ord. No. 2000-8]
GAMES OF CHANCE CURRENCY
Legal tender or a form of scrip or chip authorized by the Board, any of which may be used at the discretion of the games of chance licensee.
LAWFUL PURPOSES
One or more of the following causes, deeds or activities:
(1) 
Those which shall benefit needy or deserving persons, indefinite in number, by enhancing their opportunity for religious or educational advancement, by relieving them from disease, suffering or distress or by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens or by increasing their comprehension of any devotion to the principles upon which this nation was founded and enhancing their loyalty to their governments.
(2) 
Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.
(3) 
Those which shall otherwise lessen the burdens borne by government or which are voluntarily undertaken by an authorized organization to augment or supplement services which government would normally render to the people.
LICENSE PERIOD
A period of time not to exceed 14 consecutive hours.
MUNICIPALITY
The City of Schenectady.
NET LEASE
A written agreement between a lessor and lessee under the terms of which the lessee is entitled to the possession, use or occupancy of the whole or part of any premises from any noncommercial or nonprofit authorized games of chance lessor for which the lessee pays rent to the lessor and likewise undertakes to pay substantially all of the regularly recurring expenses incident to the operation and maintenance of such leased premises.
(1) 
In relation to the gross receipts from one or more license periods of games of chance, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for supplies and equipment, prizes, security personnel, 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, license fees and the cost of bus transportation, if authorized by the Clerk; and
(2) 
In relation to the gross rent received by an authorized games of chance lessor for the use of its premises by a game of chance licensee, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for janitorial services and utility supplies directly attributable thereto, if any.
OFFICER
The Chief of Police of the City of Schenectady.
ONE OCCASION
The successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to $250, or $200 during any one license period in accordance with the provisions of § 135-15H, as the case may be. For purposes of the game of chance known as a "merchandise wheel," "one occasion" shall mean the successive operations of any one such merchandise wheel for which the limit on a series of prizes provided by § 135-15H shall apply.
OPERATION
The play of a single type of game of chance necessary to determine the outcome or winners each time wagers are made.
PREMISES
A designated area within a building, hall, tent or grounds reasonably identified for the conduct of games of chance. Nothing herein shall require such area to be enclosed.
SERIES OF PRIZES
The total amount of single prizes minus the total amount of wagers lost during the successive operations of a single type of game of chance, except that for merchandise wheels, "series of prizes" shall mean the sum of the actual value of merchandise awarded as single prizes during the successive operations of any single merchandise wheel.
SINGLE PRIZE
The sum of money or actual value of merchandise awarded to a participant by a games of chance licensee in any one operation of a single type of game of chance in excess of his wager.
SINGLE TYPE OF GAME
The games of chance known as raffles, "merchandise wheels" and each other specific games of chance authorized by the Board.
[Amended 8-14-2000 by Ord. No. 2000-8]
B. 
Words singular in form may include the plural, and words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter genders.

§ 135-13 Statutory authority; authorized activity.

A. 
This article is subject and subordinate to all the conditions and provisions contained in Article 9-A of the General Municipal Law, and amendments thereto, and any and all rules and regulations and opinions adopted or to be adopted by the New York State Racing and Wagering Board.
B. 
Subject to the provisions of Article 9-A of the General Municipal Law of New York and pursuant to the direction contained in Subdivision 2 of § 9 of Art. 1 of the Constitution of the state, the City of Schenectady has the right, power and authority to authorize the conduct of games of chance by authorized organizations within the territorial limits of the City of Schenectady.

§ 135-14 Enforcement.

The City Clerk and the Chief of Police are hereby designated the authority granted to the City Council by Article 9-A of the General Municipal Law in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings and the collection and transmission of fees.

§ 135-15 Restrictions.

The conduct of games of chance authorized by this article shall be subject to the following restrictions:
A. 
No person, firm, partnership, corporation or organization, other than a licensee under the provisions of § 135-18 of this article, shall conduct such game or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, direct or indirect.
B. 
No game of chance 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 this article shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than a supplier licensed by the Board or from another authorized organization.
D. 
The entire net proceeds of any game of chance shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same, and the net proceeds of any rental derived therefrom shall be exclusively devoted to the lawful purposes of the authorized games of chance lessor.
E. 
No single prize shall exceed the sum or value of $100, except that for merchandise wheels, no single prize shall exceed the sum or value of $250. No single wager shall exceed $2.
F. 
No authorized organization shall award a series of prizes consisting of merchandise with an aggregate value in excess of $1,000 during the successive operations of any one merchandise wheel.
G. 
In addition to merchandise wheels, no more than five other single types of games of chance shall be conducted during any one license period.
H. 
Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $200 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $250 when the licensed authorized organization conducts less than five single types of games of chance, exclusive of merchandise wheels, during any one license period.
I. 
Except for the limitation on the sum or value for single prizes and series of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period.
J. 
No. person except a bona fide member of the licensed authorized organization shall participate in the management of such games; no person except a bona fide member of the licensed authorized organization, its auxiliary or affiliated organization shall participate in the operation of such game, as set forth in § 135-24L of this article.
K. 
No person shall receive any remuneration for participating in the management or operation of any such game.
L. 
No authorized organization shall extend credit to a person to participate in playing a game of chance.
M. 
No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor.
N. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
O. 
Limits on single prizes for raffles shall be as contained in New York State law, currently codified as Article 9-A of the General Municipal Law of the State of New York, and as it from time to time may be amended.
[Added 8-14-2000 by Ord. No. 2000-8]

§ 135-16 License required.

No person, firm, association, corporation or organization other than an authorized organization licensed under the provisions of this article shall be permitted to conduct games of chance within the territorial limits of the City of Schenectady.

§ 135-17 License application.

A. 
Contents. Each applicant for a license, after obtaining an identification number from the State Board, shall file with the City Clerk a written application therefor in a form to be prescribed by the State Board or the City Clerk, duly executed and verified, in which shall be stated:
(1) 
The name and address of the applicant, together with sufficient facts relating to its incorporation and organization to enable such Clerk to determine whether or not it is a bona fide authorized organization.
(2) 
The names and addresses of its officers; the place or places where, the date or dates and the time or times when the applicant intends to conduct games under the license applied for.
(3) 
The amount of rent to be paid or other consideration to be given, directly or indirectly, for each licensed period for the use of the premises of an authorized games of chance lessor.
(4) 
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.
(5) 
The purposes to which the entire net proceeds of such games are to be devoted and in what manner; that no commission, salary, compensation, reward or recompense will be paid to any person for conducting such game or for assisting therein, except as in this article otherwise provided, and such other information as shall be prescribed by such rules and regulations.
(6) 
The name of each single type of game of chance to be conducted under the license applied for and the number of merchandise wheels, if any, to be operated.
B. 
Designation of managers. In each application there shall be designated not less than four bona fide members of the applicant organization by whom the game or games of chance will be managed, and to the application shall be appended a statement executed by the members so designated that they will be responsible for the management of such games in accordance with the terms of the license, the rules and regulations of the Board and this article.
C. 
Authorized games of chance lessor. 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 Clerk a written application therefor in a form to be prescribed by the Board, duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; a statement that the applicant, in all respects, conforms to the specifications contained in the definition of "authorized organization" set forth in § 135-12 of this article; a statement of the lawful purposes to which the net proceeds from any rental are to be devoted by the applicant; and such other information as shall be prescribed by the Board.

§ 135-18 License application process; issuance of license; term; fees.

A. 
Investigation. The Clerk shall make an investigation of the qualifications of each application and the merits of each application with due expedition after the filing of the application.
B. 
Issuance of licenses to conduct games of chance. If such Clerk shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this article; that the member or members of the applicant designated in the application to manage games of chance are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime, or, if convicted, have received a pardon, a certificate of good conduct or a certificate of relief from disabilities; that such games are to be conducted in accordance with the provisions of this article and in accordance with the rules and regulations of the Board; and that the proceeds thereof are to be disposed of as provided in this Article, and if such Clerk is satisfied that no commission, salary, compensation, reward or recompense whatever will be paid or given to any person managing, operating or assisting therein, except as in this article otherwise provided, 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.
C. 
Issuance of licenses to authorized games of chance lessors. If such Clerk shall determine that the applicant seeking to lease premises for the conduct of games of chance to a games of chance licensee is duly qualified to be licensed under this article; that the applicant satisfied the requirements for an authorized organization as defined in § 135-12 of this article; that the applicant has filed its proposed rent for each license period and that the Clerk has approved the proposed rent as fair and reasonable; that the net proceeds from any rental will be devoted to the lawful purposes of the applicant; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in § 135-12 of this article; and that such leasing of premises for the conduct of such games is to be in accordance with the provisions of this article and with the rules and regulations of the Board, he/she shall issue a license permitting the applicant to lease said premises for the conduct of such games to the games of chance licensee or licensees 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 this article to conduct games of chance.
D. 
Fee. On or before the 30th day of each month, the Director of Finance of the municipality in which the licensed property is located shall transmit to the State Comptroller a sum equal to 50% of all authorized games of chance lessor license fees and the sum of $15 per license period for the conduct of games of chance collected by such Clerk pursuant to this section during the preceding calendar month.
E. 
Term. No license shall be issued under this section which shall be effective for a period of more than one year.

§ 135-19 Hearing and amendment of license.

A. 
No application for the issuance of a license to conduct games of chance on leased premises to an authorized organization shall be denied by the Clerk until after a hearing, held on due notice of the applicant, at which time the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
B. 
Any license issued under this Article may be amended, upon application made to such 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 license fee, if any, as would have been payable if it had been so included.

§ 135-20 Form and content of licenses; display.

A. 
Each license to conduct games of chance shall be in such form as shall be prescribed in the rules and regulations promulgated by the Board and shall contain a statement of the name and address of the licensee, of the names and addresses of the members of the licensee under whom the games will be managed, of the place or places where and the date or dates and time or times when such games are to be conducted and of the purposes to which the entire net proceeds of such games are to be devoted; the name of each single type of game to be conducted under the license and the number of merchandise wheels, if any, to be operated; and any other information which may be required by said rules and regulations to be contained therein, and each license issued for the conduct of any games shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof.
B. 
Each license to lease premises for conducting games of chance will be in such form as shall be prescribed in the rules and regulations of the Board and shall contain a statement of the name and address of the licensee and the address of the leased premises, the amount of permissible rent and any information which may be required by said rules and regulations to be contained therein, and each such license shall be conspicuously displayed upon such premises at all times during the conduct of games of chance.

§ 135-21 Control and supervision; use of alcoholic beverages.

A. 
The officer 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 this article, and such officer 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 Clerk or 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 game of chance is being conducted or where it is intended that any such game shall be 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 agent of the appropriate officer shall make an on-site inspection during the conduct of all games of chance licensed pursuant to this article.
B. 
Service 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 § 135-12 of this article; 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.

§ 135-22 Statement of receipts; expenses and fees; examination of records.

A. 
Within seven days after the conclusion of any license period, the authorized organization which conducted the same and its members who were in charge thereof and, when applicable, the authorized games of chance lessor which rented its premises therefor shall each furnish to the 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 expenses 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 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.
B. 
Upon the filing of such statement of receipts, the authorized organization furnishing the same shall pay to the Clerk, as and for an additional license fee, a sum based upon the reported net proceeds, if any, for the license period 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 municipalities or counties of administering the provisions of this article, but such additional license fee shall not exceed 5% of the net proceeds for such license period.
C. 
Examination of records.
(1) 
The Clerk and the Board shall have the power to examine or cause to be examined the books and records of:
(a) 
Any authorized organization which is or has been licensed to conduct games of chance, so far as they 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.
(b) 
Any authorized games of chance lessor, so far as they 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.
(2) 
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.

§ 135-23 Appeals from decisions of aggrieved persons.

Any applicant for or holder of any license issued or to be issued under this Article aggrieved by any action of an officer or 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 officer or Clerk by filing with such officer or Clerk 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 such officer or 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 such officer or Clerk and all parties to said appeal.

§ 135-24 Conduct restrictions; penalties for offenses.

A. 
Except as provided in Subsection C of this section, no games of chance shall be conducted under any license issued under this article on the first day of the week, commonly known and designated as "Sunday," unless it shall be otherwise provided in the license issued for the conducting thereof, pursuant to the provisions of a local law duly adopted by the City Council of the City of Schenectady wherein the license is issued, authorizing the conduct of games of chance under this Article on that day only between the hours of 12:00 noon and 12:00 midnight. Notwithstanding the foregoing provisions of this section, no games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
B. 
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. Persons under the age of 18 years may be permitted to attend games of chance at the discretion of the games of chance licensee. No person under the age of 18 years shall be permitted to operate any game of chance conducted pursuant to any license issued under this article or to assist therein.
C. 
No game or games of chance shall be conducted under any license issued under this article more often than 12 times in any calendar year. No particular premises shall be used for the conduct of games of chance on more than 24 license periods during any one calendar year. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Sunday, Monday, Tuesday, Wednesday and Thursday and only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
[Amended 6-15-1982 by L.L. No. 2-1982]
D. 
No person shall operate any game of chance under any license issued under this Article, except a bona fide member of the organization to which the license is issued or a bona fide member of an organization or association which is an auxiliary to the licensee or a bona fide member of an organization or association of which such licensee is an auxiliary or a bona fide member or an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association. Nothing herein shall be construed to limit the number of games of chance licensees for whom such persons may operate games of chance nor to prevent nonmembers from assisting the licensee in any activity other than managing or operating games.
E. 
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.
F. 
The heads of the authorized organization shall, upon request, certify, under oath, that the persons operating any game of chance are bona fide members of such authorized organization, auxiliary or affiliated organization. Upon request by an officer, any such person involved in such games of chance shall certify that he or she has no criminal record.
G. 
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, security personnel, 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, license fees and the cost of bus transportation, if authorized by such Clerk.
H. 
A fee may be charged by a licensee for admission to any game or games of chance conducted under any license issued under this article. The Clerk may, in its (his/her) discretion, fix a minimum fee. 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. No alcoholic beverages shall be offered or given as a prize in any game of chance.
I. 
A licensee may advertise the conduct of games of chance to the general public by means of handbill and poster and by one freestanding sign not exceeding 32 square feet in area, which may be displayed on the premises owned or occupied by a licensed authorized organization. All advertisements shall be limited to the description of such event as "Games of Chance" or "Las Vegas Night," the name of the authorized organization conducting such games, the license number of the authorized organization as assigned by the Clerk and the date, location and time of the event.
J. 
No person, firm, partnership, corporation or organization lawfully conducting or participating in the conduct of games of chance or permitting the conduct upon any premises owned or leased by him or it under any license lawfully issued pursuant to this article shall be liable to prosecution or conviction for violation of any provision of Article 225 of the Penal Law or any other law to the extent that such conduct is specifically authorized by this Article, but this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of games of chance under any license obtained by any false pretense or by any false statement made in any application for a license or otherwise or permitting the conduct upon any premises owned or leased by him or it of any game of chance conducted under any license known to him or it to have been obtained by any such false pretense or statement.
K. 
Any person, firm, partnership, corporation or organization who or which shall make any material false statement in any application for any license authorized to be issued under this article; pay or receive, for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for in § 135-18B of this article; fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; falsify or make any false entry in any books or records so far as they relate, in any manner, to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or divert or pay any portion of the net proceeds of any game of chance to any person, firm, partnership or corporation, except in furtherance of one or more of the lawful purposes defined in § 135-12 of this article, shall be guilty of a misdemeanor and shall forfeit any license issued under this Article and be ineligible to apply for a license under this Article for at least one year thereafter.
L. 
Any person, association, corporation or organization holding, operating or conducting a game or games of chance is guilty of a misdemeanor, except when operating, holding or conducting:
(1) 
In accordance with a valid license issued pursuant to this article; or
(2) 
On behalf of a bona fide organization of persons 60 years of age or over, commonly referred to as "senior citizens," solely for the purpose of amusement and recreation of its members where:
(a) 
The organization has applied for and received an identification number from the Board;
(b) 
No player or other person furnishes anything of value for the opportunity to participate;
(c) 
The prizes awarded or to be awarded are nominal;
(d) 
No person other than a bona fide active member of the organization participates in the conduct of games; and
(e) 
No person is paid for conducting or assisting in the conduct of the game or games.