[HISTORY: Derived from Chapter 112 of the 1975 Compilation, as amended
through 1996. Subsequent amendments noted where applicable.]
The purpose of this chapter is to authorize the conduct of bingo in
the City of Oneonta pursuant to the provisions of Article 1, § 9,
of the Constitution of the State of New York and Article 14-H of the General
Municipal Law of the State of New York.[1]
[1]
Editor's Note: This chapter was approved by the electorate at
referendum held August 12, 1958.
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
Includes only bona fide religious, charitable or nonprofit organizations
of veterans, volunteer firemen and similar nonprofit organizations.
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.
A license issued pursuant to the provisions of this chapter.
It shall be lawful for any organization, upon obtaining a license therefor
as hereinafter provided, to conduct the game of bingo within the territorial
limits of the City of Oneonta, New York, subject to the provisions of this
chapter, the provisions of Article 14-H of the General Municipal Law and the
provisions of the State Lottery Control Law.
A.
Each applicant shall file with the City Clerk of the
City of Oneonta a written application in the form prescribed in the rules
and regulations of the Control Commission duly executed and verified.
B.
In each application there shall be designated an active
member or members of the applicant organization under whom the game or games
of chance described in the application are to be held, operated and conducted,
and there shall be appended to the application a statement executed and verified
by the applicant and by the member or members so designated that he, she or
they will be responsible for the holding, operation and conduct of such games
of chance in accordance with the terms of the license and the provisions of
this chapter, Article 14-G of the General Municipal Law of the State of New
York, and the rules and regulations of the Control Commission, if such license
is granted.
C.
In the event that any premises upon which any such game
of chance is to be held, operated or conducted, or which is to be used for
any other purpose in connection with the holding, operation or conduct thereof,
is to be leased or rented from any person, persons or corporations, the application
shall be accompanied by a written statement signed and verified under oath
by such person or persons or on behalf of such corporation, stating his or
its address, the amount of rent to be paid for such premises and stating that
such lessor, lessors or, if a corporation, all of its officers and each of
its stockholders who hold more than 10% or more of its stock issued and outstanding
are of good moral character and have not been convicted of a crime.
Any game or games licensed hereunder shall be subjected to the following
additional amended and renumbered restrictions concerning the conduct of the
game of bingo by an authorized organization in said City of Oneonta, New York,
as required by § 479 of the General Municipal Law of the State of
New York, as amended by Chapter 438 of the Laws of 1962:
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 purposes 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.
I.
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.
A.
The City Clerk of the City of Oneonta, New York, shall
cause to be investigated the qualifications of each applicant and the merits
of each application with due expedition after the filing of the application.
The City Clerk shall determine, among other things, the due qualifications
of the applicant to be licensed, the relationship of the members under whom
such games are to be conducted with the applicant, whether such persons are
of good moral character or have ever been convicted of a crime, whether the
conduct of such games will comply with all the provisions of law and rules
and regulations applicable thereto, whether the proceeds thereof will be disposed
of as provided by Article 14-H of the General Municipal Law, whether a commission,
salary, compensation, reward or recompense of any nature will be paid to any
person conducting or assisting in conducting such games of chance, whether
a prize will be offered or given in excess of the sum or value of $250 in
any single game or an aggregate of all prizes given in a series of games on
a given occasion will exceed the sum or value of $1,000, and such other questions
or inquiries as the Common Council may direct.
B.
If the City Clerk shall determine that the requisite
conditions have been met by the applicant, he shall issue a license to the
applicant for the holding, operation and conduct of the specific kinds of
games of chance applied for upon payment of a license fee of $10 for each
occasion upon which any games of chance are to be conducted under such license,
which fees are to be paid to the City Clerk of the City of Oneonta, New York.
In the event that an occasion for which a license is obtained is not utilized
by the licensee, there shall be no refund of any license fee.
C.
On or before the 30th day of each month, the City Chamberlain
of the City of Oneonta shall transmit to the State Comptroller a sum equal
to 50% of all license fees collected by the City of Oneonta pursuant to this
section during the preceding calendar month.
D.
No license shall be issued under this chapter which shall
be effective for a period of more than one year.
A.
No application for a license hereunder shall be denied
by the City 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.
B.
Any license issued under this chapter may be amended
upon application to the City Clerk, if the subject matter of the proposed
amendment could lawfully and properly have been included in the original license,
and upon the payment of such additional license fee, if any, as would have
been payable if it had been so included.
Each license shall be in such form as shall be prescribed in the rules
and regulations promulgated by the Control Commission.
The City Clerk shall have and exercise control and supervision over
all games of chance held, operated or conducted under such license and shall
have the power and authority to suspend any such license and, after notice
and hearing, to revoke the same for violation of any provision of such license,
this chapter, §§ 475 to 499 of the General Municipal Law or
the rules and regulations of the Control Commission. The City Clerk or any
officer designated by the City Clerk shall have the right of entry at all
times into any premises where any such game of chance is being held, operated
or conducted, or where it is intended that any such game of chance shall be
held, operated or 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.
No games of chance shall be conducted under any license issued under
this chapter or Article 14-H of the General Municipal Law on the first day
of the week, commonly known and designated as "Sunday."
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated or conducted pursuant to any
license issued under this chapter unless accompanied by an adult.
No game or games of chance shall be held, operated or conducted under
any license issued under this chapter oftener than on six days in any one
calendar month, or in any room or outdoor area where alcoholic beverages are
sold or served during the progress of the game or games.
No person shall hold, operate or conduct any game or games of chance
under any license issued under this chapter 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 or games 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 a member of an organization
or association which is affiliated with the licensee by being, with it, auxiliary
to another organization or association and except bookkeepers or accountants
as hereinafter provided, and no such game of chance shall be conducted with
any equipment except such as shall be owned absolutely or used without payment
of any compensation therefor by the licensee, and no item of expense shall
be incurred or paid in connection with the holding, operating or conducting
of any game of chance held, operated or conducted pursuant to any license
issued under this chapter, except such as are bona fide items of reasonable
amount for goods, wares and merchandise furnished or services rendered which
are reasonably necessary to be purchased or furnished for the holding, operating
or conducting thereof under any circumstances whatever; no rental shall be
paid for the use of any premises for holding, operating or conducting thereof
under any circumstances whatever; no rental shall be paid for the use of any
premises for holding, operating or conducting any such game of chance thereon
or for any other purpose in connection with the holding, operating or conducting
thereof unless the amount of such rental is stated in a statement annexed
to the application for the license as provided in § 480 of the General
Municipal Law or which is in excess of the sum stated as the rental to be
charged therefor in such statement, and no commission, salary, compensation,
reward or recompense whatever shall be paid or given, directly or indirectly,
to any person holding, operating or conducting, or assisting in the holding,
operation or conduct, of any game of chance so held, operated or conducted,
except that reasonable compensation may be paid to bookkeepers or accountants
for bookkeeping or accounting services rendered according to a schedule of
compensation prescribed by the rules of the Control Commission.
Not more than $1 shall be charged by any licensee for admission to any
room or place in which any game or games of chance are to be held, operated
and conducted under any license issued under this chapter, which admission
fee, upon payment thereof, shall entitle the person paying the same to a card
entitling him to participate without additional charge in all regular games
of chance to be played under such license on such occasion, and no charge
in excess of $1 shall be made for a single opportunity to participate in all
special games to be played under such license on such occasion. No prize greater
in amount or value than $250 shall be offered or given in any single game
conducted under any such license, and the aggregate amount of value of all
prizes offered or given in all games played on a single occasion shall not
exceed $1,000, and all winners shall be determined and all prizes shall be
awarded in any game played on any occasion within the same calendar day as
that upon which the game was played. No alcoholic beverage shall be offered
or given as a prize in any such game.
No game of chance to be conducted under any license issued under this
chapter shall be advertised as to its location, the time when it is to be
or has been played, or the prizes awarded or to be awarded, by means of newspapers,
posters or handbills or any other means addressed to the general public, except
that one sign not exceeding 60 square feet in area may be displayed on or
adjacent to the premises where the game will be played, and an additional
sign may be displayed on or adjacent to the premises where the prize or prizes
are displayed, and additional signs may be displayed upon any firefighting
equipment belonging to any licensee which is a volunteer fire company, or
upon any first-aid or rescue squad, in and throughout the community or communities
served by such volunteer fire company or such first-aid or rescue squad, as
the case may be.
Within 15 days after the conclusion of the holding, operating and conducting
of any such game of chance, the authorized organization which held, operated
or conducted the same, and its members who were in charge thereof, shall furnish
to the City Clerk a duly verified statement showing the amount of the gross
receipts derived from each game of chance, which shall include receipts from
the sale of shares, tickets or rights in any manner connected with participation
in said game or the right to participate therein, each item of expense incurred
or paid, and each item of expenditure made or to be made, the name and address
of each person to whom each such item has been paid or is to be paid, with
a detailed description of the merchandise purchased or the services rendered
therefor, the net profit derived from each such game of chance, and the use
to which such net profit has been or is to be applied, and a list of prizes
offered and given, with the respective values thereof, and it shall be the
duty of such licensee to maintain and keep such books and records as may be
necessary to substantiate the particulars of each such report.
The City Clerk and the Control Commission shall have power to examine
or cause to be examined the books and records of any authorized organization
to which any such license is issued so far as they may relate to any transactions
connected with the holding, operating and conducting of any game of chance
thereunder and to examine any manager, officer, director, agent, member or
employee thereof under oath in relation to the conduct of any such game of
chance under any such license, but 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 chapter.
Any applicant for, or holder of, any license issued or to be issued
under this chapter aggrieved by any action of the city, its officers or agents,
concerning an application which has been made, or a license which has been
issued, may appeal to the Control Commission from the determination of the
city, its officers or agents, by filing with the City 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 the
City 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 Control Commission upon said appeal shall be binding upon the city and
all parties to said appeal.
No person or corporation lawfully conducting or participating in the
conduct of possessing, selling or in any manner disposing of any shares, tickets
or rights to participate in, or permitting the conduct upon any premises owned
by him or it of, any game of chance conducted or to be conducted under any
license lawfully issued pursuant to this chapter shall be liable to prosecution
or conviction for violation of any provision of Article 225 of the Penal Law
or any other law or ordinance to the extent that such conduct is specifically
authorized by this chapter, but this immunity shall not extend to any person
or corporation knowingly conducting or participating in the conduct of any
game of chance under any license obtained by any false pretense or statement
made in any application for such license or otherwise, or possessing, selling
or disposing of shares, tickets or rights to participate in, or permitting
the conduct upon any premises owned 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.
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto or shall pay any rental for the use of any premises for holding, operating or conducting any game of chance under this chapter or for any other purpose in connection with the holding, operating or conducting thereof, unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 74-4 of this chapter, or shall pay or receive any sum for such rental in excess of the sum stated as the rental to be charged therefor in such statement executed by him or on its behalf, or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of games of chance under any such license or shall falsify or make any false entry in any book or record so far as they relate to any transaction connected with the holding, operating or conducting of any game of chance under any such license or shall violate any of the provisions of this chapter or of any term of such license shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one year thereafter.
This chapter may be amended, from time to time, or repealed by the Common
Council, and such amendment or repeal, as the case may be, may be made effective
and operative not earlier than 30 days following the date of enactment of
the local law affecting such amendment or repeal, as the case may be, and
the approval of a majority of the electors shall not be a condition prerequisite
to the taking effect of such local law.
If any provision or application of the chapter or a provision or application
of Article 14-H of the General Municipal Law to any person or circumstances
shall be adjudged unconstitutional by any court of competent jurisdiction,
the remainder of this chapter or the application of Article 14-H of the General
Municipal Law to other persons and circumstances shall not be affected thereby,
and the Common Council hereby declares that it would have enacted this chapter
without the invalid provision or application, as the case may be, had such
invalidity been apparent.
