[HISTORY: Adopted by the City Council of the City of Newburgh
as indicated in article histories. Amendments noted where applicable.]
[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]
[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.
AUTHORIZED ORGANIZATION
BOARD
CITY OR MUNICIPALITY
GAMES OF CHANCE
Specific terms. As used in this article, the following terms shall
have the following meanings:
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.
The New York State Racing and Wagering Board.
The City of Newburgh, Orange County, New York.
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.
