[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown
11-26-1979 by L.L. No. 7-1980. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of Tarrytown
Games of Chance Licensing Law."
The Board of Trustees hereby declares that the raising of funds for
the promotion of bona fide charitable, educational, scientific, health, religious
and patriotic causes and undertakings, where the beneficiaries are undetermined,
is in the public interest. It hereby finds that, as conducted prior to the
enactment of this chapter, games of chance were the subject of exploitation
by professional gamblers, promoters and commercial interests. It is hereby
declared to be the policy of the Board of Trustees that all phases of supervision,
licensing and regulation of games of chance and the conduct of games of chance
should be closely controlled and that the local laws and regulations pertaining
thereto should be strictly construed and rigidly enforced; that the conduct
of the games and all attendant activities should be so regulated and adequate
controls so instituted as to discourage commercialization in all its forms,
including the rental of commercial premises for games of chance, and to ensure
a maximum availability of the net proceeds of games of chance exclusively
for application to the worthy causes and undertakings specified herein; that
the only justification for this chapter is to foster and support such worthy
causes and undertakings and that the mandate of Section 9 of Article 1 of
the State Constitution, as amended, and of Article 9-A of the General Municipal
Law should be carried out by rigid regulations to prevent commercialized gambling,
to prevent participation by criminal and other undesirable elements and to
prevent the diversion of funds from the purposes herein authorized.
As used herein, the following terms shall have the following meanings:
An authorized organization which has been granted a lessor's license
pursuant to the provisions of this chapter.
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, 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 chapter, 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 chapter for a period of three years immediately prior to applying
for a license under this chapter.
No organization shall be deemed an "authorized organization" which is
formed primarily for the purpose of conducting games of chance and the distribution
of the proceeds thereof to itself or to any other organization and which does
not devote at least 75% of its activities to other purposes set forth in this
chapter. No political party shall be deemed 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 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 by an authorized organization
shall be sold or leased to any other authorized organization without written
permission from the Board.
The New York State Racing and Wagering Board.
The Village Clerk of the Village of Tarrytown.
Includes specific games of chance 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, and policy
or numbers games as defined in § 225.00 of the Penal Law. No "game
of chance" shall involve wagering of money by one player against another player.
One or more of the following causes, deeds or activities:
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, moral and ethical well-being by assisting them in establishing themselves
in life as worthy and useful citizens or by increasing their comprehension
of a devotion to the principles upon which this nation was founded and enhancing
their loyalty to their 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 services which government would normally render to the people.
A period of time not to exceed 14 consecutive hours.
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 organization for
which the lessee pays rent to the lessor and likewise undertakes to pay substantially
all of the regularly recurring expenses to the operation and maintenance of
such leased premises.
In relation to the gross receipts from one or more occasions of games
of chance, the amount that shall remain after deducting the reasonable sums
necessarily and actually expended for supplies and equipment, prizes, 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 Board.
In relation to the gross rent received by an organization licensed to
conduct such games for the use of its premises by another 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.
The Chief of Police of the Village of Tarrytown and the police officers
under his command.
The conducting of any one type of game of chance during any one license
period. No series of prizes on any "one occasion" shall aggregate more than
$1,000.
A sum of money or item or merchandise awarded by the authorized organization
to a participant in any one operation or conducting of a game of chance in
which participants utilize currency for participation and in which those who
are not winners surrender their participating currency at the conclusion of
the single operation of such game of chance. No "prize" for any one participant
in any one operation or conducting of such single game of chance shall exceed
the sum of $100. If a prize is awarded based on odds, only that portion in
excess of the winning participant's bet shall be considered as a "prize".
For the purposes of this chapter, the value of a "prize" which consists of
merchandise shall be the actual cost of the item of such merchandise.
A.
No person, firm, association, corporation or organization, other than a licensee under the provisions of this chapter, shall conduct such game or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided in § 179-5 of this chapter.
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 chapter 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 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 $100 in any operation or conducting of a single game of chance as defined in § 179-3 of this chapter. No single wager shall exceed $2.
[Amended 6-16-1980 by L.L.
No. 14-1980]
F.
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 fewer than five single types of game of chance, exclusive of merchandise
wheels, during any one license period.
[Amended 6-16-1980 by L.L.
No. 14-1980]
G.
No person except a bona fide member of any such organization, its auxiliary or affiliated organization shall participate in the management or operation of such game, as set forth in § 179-12 of this chapter.
H.
No person shall receive any remuneration for participating
in the management or operation of any such game.
I.
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
A.
To conduct games of chance:
(1)
each applicant for a license shall file with the Clerk
a written application therefor in a form to be prescribed by the Board, duly
executed and verified, in which shall be stated:
(a)
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to enable
the Clerk to determine whether or not it is a bona fide authorized organization.
(b)
The names and addresses of its officers and 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.
(c)
The amount of rent to be paid or other consideration
to be given, directly and indirectly, for each occasion for use of the premises
of another authorized organization licensed under this chapter to conduct
such games or for the use of the premises of an authorized games of chance
lessor.
(d)
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.
(e)
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
games or for assisting therein, except as in this chapter otherwise provided;
and such other information as may be prescribed by such rules and regulations
of the Board.
(2)
In each application, there shall be designated not fewer
than four active members of the applicant organization under whom the game
or games of chance will be conducted, and to the application shall be appended
a statement executed by the members so designated that they will be responsible
for the conduct of such games in accordance with the terms of the license
and the rules and regulations of the Board and of this chapter.
B.
Authorized games of chance lessor. Each applicant for
a license to lease premises to a licensed organization for the purpose 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, the designation
and address of the premises intended to be covered by the license sought and
such other information as shall be prescribed by the Board.
A.
The Clerk and the officer shall make an investigation
of the qualifications of each applicant and the merits of each application
with due expedition after the filing of the application.
[Amended 5-6-1991 by L.L.
No. 5-1991]
(1)
Issuance of licenses to conduct games of chance. If the
Clerk shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this chapter; that the members of the applicant
designated in the application to conduct 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 or
a certificate of good conduct; that such games are to be conducted in accordance
with the provisions of this chapter and in accordance with the rules and regulations
of the Board, if any; and that the proceeds thereof are to be disposed of
as provided by this chapter and if the Clerk is satisfied that no commission,
salary, compensation, reward or recompense whatever will be paid or given
to any person holding, operating or conducting or assisting in the holding,
operation and conduct of any such games, except as in this chapter otherwise
provided; and that no prize will be given in excess of the sum or value of
$100 in any single game and that the aggregate of all prizes given on one
occasion under said license shall not exceed the sum or value of $1,000, the
Clerk shall issue a license to the applicant for the conduct of games of chance
upon payment of a license fee, as adopted by resolution of the Board of Trustees,
for each license period.[1]
[1]
Editor's Note: Such fee is on file and available for inspection in
the office of the Village Clerk during regular office hours.
(2)
Issuance of licenses to authorized games of chance lessors.
If the Clerk shall determine that the applicant seeking to lease a hall or
premises for the conduct of games of chance to an authorized organization
is duly qualified to be licensed under this chapter; that the applicant satisfies
the requirements for an authorized games of chance lessor; that the Clerk
shall find and determine that there is a public need and that public advantage
will be served by the issuance of such license; that the applicant has filed
its proposed rent for each game of chance occasion; that there is no diversion
of the funds of the proposed lessee from the lawful purposes as defined in
this chapter; and that such leasing of a hall or premises for the conduct
of such games is to be in accordance with the provisions of this chapter and
in accordance with the rules and regulations of the Board, if any, the Clerk
shall issue a license permitting the applicant to lease said premises for
the conduct of such games to the authorized organization or organizations
specified in the application during the period therein specified or such shorter
period as the Clerk shall determine, but not to exceed one year, upon payment
of a license fee as adopted by resolution of the Board of Trustees.[2]
[2]
Editor's Note: Such fee is on file and available for inspection in
the office of the Village Clerk during regular office hours.
B.
On or before the 30th day of each month, the Treasurer
of the village 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 the Clerk pursuant
to this section during the preceding calendar month.
C.
No license shall be issued under this chapter which shall
be effective for a period of more than one year.
A.
No application for the issuance of a license to an authorized
organization shall be denied by the 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 made to the 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.
A.
Each license to conduct games of chance shall be in such
form as shall be prescribed by the Board and shall contain a statement of
the name and address of the licensee, of the names and addresses of the member
or members of the licensee under whom the games will be conducted, 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; if any prize or prizes are to be given in cash,
a statement of the amounts of the prizes authorized so to be given; and any
other information which may be required by the rules and regulations of the
Board, if any, to be contained therein, and each license issued for the conduct
of any game shall be conspicuously displayed at the place where the 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 may be prescribed by 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.
A.
The officer shall have and exercise rigid control and
close supervision over all games of chance conducted in accordance with the
provisions of such license, the provisions of the rules and regulations promulgated
by the Board, if any, and the provisions of this chapter, and the officer
and the Board shall have the power and authority to temporarily suspend any
license issued by the Clerk pending a hearing, and, after notice and hearing,
the Clerk and the Board may suspend or revoke the same and additionally impose
a fine 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. The officer shall make an on-site inspection during
the conduct of all game of chance licenses pursuant to this chapter.
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, but the offering of all other
alcoholic beverages is prohibited.
C.
The Clerk may promulgate such rules and regulations as
deemed necessary for the proper implementation and enforcement of this chapter
and which are not inconsistent with those rules and regulations as may be
promulgated by the Board.
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 chapter.
No person under the age of 18 years shall be permitted to conduct or assist
in the conduct of any game of chance conducted pursuant to any license issued
under this chapter.
No game or games of chance shall be conducted under any license issued
under this chapter more often than 12 times in any calendar year. Games shall
be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday,
Tuesday, Wednesday and Thursday; and between the hours of 12:00 noon on Friday
and 2:00 a.m. Saturday; and between the hours of 12:00 noon on Saturday and
2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to a legal
holiday. No games of chance shall be conducted on Sunday unless otherwise
provided in the license issued. Notwithstanding the foregoing provisions of
this section, no games of chance shall be conducted on Easter Sunday, Christmas
Day, New Year's Eve and the days of Rosh Hashanah and Yom Kippur.
No person shall hold, operate or conduct any 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 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 license is an auxiliary or member of an organization or association
which is affiliated with the licensee by being, with it, auxiliary to another
organization or association. 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.
At least two officers, directors, trustees or clergy of the authorized organization
shall, upon request, certify, under oath, that the persons assisting in holding,
operating or conducting any game of chance are bona fide members of such authorized
organization, auxiliary or affiliated organization. Upon request by the officer,
any such person involved in such games of chance shall certify that he or
she has no criminal record. 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 chapter except those that are reasonable and are necessarily
expended for games of chance supplies and equipment, prizes, stated rental,
if any, bookkeeping or accounting services, janitorial services and utility
supplies, if any, license fees and the cost of bus transportation, if authorized
by such officer.
[Amended 6-16-1980 by L.L.
No. 14-1980]
A fee may be charged by any licensee for admission to any room or place
in which any game or games of chance are to be conducted under any license
issued under this chapter. The Board may, in its 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 beverage shall be offered or given as a prize in any game of
chance.
[Amended 6-16-1980 by L.L.
No. 14-1980]
No game of chance conducted or to be conducted in this village 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 or transportation facilities to be
provided to such game, by means of newspapers, radio, television or sound
trucks or by means of billboards, except that one sign not exceeding 60 square
feet in area may be displayed on or adjacent to the premises 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 lessor,
one additional such sign may be displayed on or adjacent to the premises in
which the games are to be conducted. Additional signs may be displayed upon
any fire-fighting 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. 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 or Department and the
date, location and time of the event.
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 organization
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 expense 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 the games of chance during such
license period; and the use to which such proceeds have been or are to be
applied; and a list of prizes offered and given, with the respective values
thereof. It shall be the duty of each license 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 the village of administering the provisions of this chapter, but such
additional license fee shall not exceed 5% of the net proceeds for such occasion.
A.
The Clerk and the Board shall have power to examine or
cause to be examined the books and records of:
(1)
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.
(2)
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.
B.
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 Clerk may appeal to the Board
from the determination of said Clerk by filing with such 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
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 Clerk and all parties
to said appeal.
Any person, association, corporation or organization who or which shall make any material false statement in any application for any license authorized to be issued under this chapter; 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 § 179-8B of this chapter, 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, association or corporation, except in furtherance of one or more of the lawful purposes defined in this chapter, 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 for at least one year thereafter.
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.
A.
In accordance with a valid license issued pursuant to
this chapter; or
B.
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:
(1)
The organization has applied for and received an identification
number from the Board;
(2)
No player or other person furnishes anything of value
for the opportunity to participate;
(3)
The prizes awarded or to be awarded are nominal;
(4)
No person other than a bona fide active member of the
organization participates in the conduct of the games; and
(5)
No person is paid for conducting or assisting in the
conduct of the game or games.
The provisions of this chapter shall remain inoperative in the Village
of Tarrytown unless and until a proposition therefor submitted at a general
or special election in the Village of Tarrytown shall be approved by a vote
of the majority of the qualified electors voting thereon. Upon such approval
by said electors, this chapter shall become effective on the first Monday
next succeeding said election.[1]
[1]
Editor's Note: This legislation was approved at the annual election
held 3-18-1980.
