City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Newburgh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Charter, Art. IV, § C4.32.
Off-track betting — See Ch. 67.
[Adopted 4-28-1958; amended in its entirety 5-24-1982]
It shall be lawful for any authorized organization, upon obtaining a license therefor as provided by Article 14-H of the General Municipal Law of the State of New York, to conduct the game of bingo within the territorial limits of the City of Newburgh, New York, on any day of the week, including Sunday, subject to the provisions of this article, the provisions of Article 14-H of the General Municipal Law and the provisions of the Bingo Control Law.
No person, firm, association, corporation or organization, other than an authorized organization licensed under the provisions of Article 14-H of the General Municipal Law, shall be permitted to conduct such games.
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.
The entire net proceeds of any game shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
No single prize shall exceed the sum or value of $250.
No series of prizes on any one occasion shall aggregate more than $1,000.
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
No person shall receive any remuneration for participating in the management or operation of any such game.
[Amended 6-13-1988 by L.L. No. 4-1988]
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, subject to the penalties provided by Subdivision 9 of § 479 of the General Municipal Law.
This article is subject to a mandatory referendum and shall not take effect, and the provisions of Article 14-H of the General Municipal Law shall be inoperative within the territorial limits of the City of Newburgh, unless and until a proposition therefor submitted at a general or special election in the City of Newburgh shall be approved by a vote of the majority of the qualified electors of the City of Newburgh voting thereon.[1]
[1]
Editor's Note: The referendum requirement was fulfilled by the 11-6-1979 referendum on L.L. No. 2-1979. See Art. II of this chapter.
[Adopted 9-10-1979 by L.L. No. 2-1979[1]]
[1]
Editor's Note: This local law was approved at referendum 11-6-1979.
This article shall be known and may be cited as the "Games of Chance Law" of the City of Newburgh, Orange County, New York.
A. 
Specific terms. As used in this article, the following terms shall have the following meanings:
AUTHORIZED ORGANIZATION
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 § 186 of the General Municipal Law, provided that each shall operate without profit to its members, and provided that each organization has engaged in serving one or more of the lawful purposes as defined in § 186 of the General Municipal Law for a period of three years immediately prior to applying for a license under this article and Article 9-A of the General Municipal Law.
BOARD
The New York State Racing and Wagering Board.
CITY OR MUNICIPALITY
The City of Newburgh, Orange County, New York.
GAMES OF CHANCE
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," "bookmarking" 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.
B. 
Other terms. All other terms in this article shall have, for the purpose of this article, the meanings respectively ascribed to them by § 186 of the General Municipal Law.
Authorized organizations may, upon the obtaining of a license from the City Clerk, conduct games of chance within the City of Newburgh as provided in Article 9-A of the General Municipal Law as provided further in this article. Such games of chance shall be conducted in accordance with the general state law and with the rules and regulations of the New York State Racing and Wagering Board and this article.
[Amended 4-14-1980 by L.L. No. 3-1980]
The conduct of games of chance authorized by this article shall be subject to the following restrictions:
A. 
No person, firm, association, corporation or organization, other than a licensee under the provisions of this article, 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 § 190 of the General Municipal Law.
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 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 and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
E. 
No single prize shall exceed the sum or value of $100 in any operation or conducting of a single game of chance as provided in § 186 of the General Municipal Law. No single wager shall exceed $2.
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 less than five single types of games of chance, exclusive of merchandise wheels, during any one license period.
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 § 195-c of the General Municipal Law.
H. 
No person under the age of 18 years shall be permitted to play any games of chance or conduct or assist in the conducting of any game or chance conducted pursuant to this article.
I. 
No game of chance shall be conducted under any license 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 only between the hours of 12:00 noon on Friday and 2:00 a.m. on Saturday and only between the hours of 12:00 noon on Saturday and 2:00 a.m. on Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
J. 
No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
K. 
No person shall receive any remuneration for participating in the management or operation of any such game.
L. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
M. 
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 the authorized organization applies for and obtains under this article permission to conduct such games on Sunday. In any event, games of chance permitted on Sundays shall be conducted only between the hours of 12:00 noon and 12:00 midnight.
[Amended 6-13-1988 by L.L. No. 4-1988]
This article shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law, except as otherwise provided in this article, and any amendment to the provisions in such Article to the extent that such provisions and amending acts are otherwise applicable to games of chance authorized under this article.
The chief law enforcement officer of the City of Newburgh shall exercise control over and supervision of all games of chance conducted under a validity issued license hereunder. Said chief law enforcement officer of the City of Newburgh shall have all those powers and duties set forth in Article 9-A of the General Municipal Law.