[HISTORY: Adopted by the Common Council of the City of Gloversville
8-10-1965 as Chapter 10 of the 1965 Code. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Bingo Law of
the City of Gloversville."
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.
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 Gloversville, subject to the provisions of this chapter,
the provisions of Article 14-H (§§ 475 through 499) of the
General Municipal Law and the provisions of the Bingo Control Law.
Any game or games licensed hereunder shall be subjected to the following
restrictions in addition to such other restrictions as may be provided herein
or contained in the rules and regulations of the control commission.
A.
No person, firm, association, corporation or organization,
other than an authorized organization licensed under the provision of this
chapter, shall be permitted to conduct such games.
B.
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.
C.
The entire net proceeds of any game or games shall be
exclusively devoted to the lawful purposes of the organization permitted to
conduct the same.
D.
No single prize shall exceed the sum or value of two
hundred fifty dollars ($250.).
E.
No series of prizes on any one (1) occasion shall aggregate
more than one thousand dollars ($1,000.).
F.
No person except a bona fide member of such organization
shall participate in the management or operation of such game.
G.
No person shall receive any remuneration for participating
in the management or operation of any such game.
H.
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.
Each applicant shall file with the City Clerk of the
City of Gloversville a written application in the form prescribed in the rules
and regulations of the control commission, duly executed and verified. Such
application shall contain all the information required by § 480,
Subdivision 1, of the General Municipal Law.
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-H of the General Municipal Law 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 are used in connection
with the holding, operation or conduct thereof, is to be leased or rented
from any person, persons or corporation, 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 or lessors,
or if a corporation all of its officers and each of its stockholders who hold
ten percent (10%) or more of its stock issued and outstanding, are of good
moral character and have not been convicted of a crime.
A.
The Mayor of the City of Gloversville 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. If the
Mayor shall determine that the applicant is duly qualified to be licensed,
under this chapter and Article 14-H (§§ 475 through 499) of
the General Municipal Law, to hold, operate and conduct games of chance; that
the member or members of the applicant designated in the application to hold,
operate or conduct the games of chance, to hold, operate and conduct which
the license was applied for, are bona fide active members of the applicant
and are persons of good moral character and have never been convicted of a
crime; that such games of chance are to be held, operated and conducted in
accordance with the provisions of this chapter and in accordance with the
rules and regulations governing the holding, operation and conduct thereof;
and that the proceeds thereof are to be disposed of as provided by this chapter;
and if the governing body 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 of chance except as in this chapter otherwise provided;
and that no prize will be offered and given in excess of the sum or value
of two hundred fifty dollars ($250.) in any single game of chance; and that
the aggregate of all prizes offered and given in all of such games of chance
held, operated and conducted on a single occasion is under one thousand dollars
($1,000.), he shall issue a license to the applicant for the holding, operation
and conduct of the specific kinds of games of chance applied for, accordingly,
upon payment of a license fee or fees of ten dollars ($10.) for each occasion
upon which any games of chance are to be conducted under such license.[1]
B.
On or before the 30th day of each month the Commissioner
of Finance of the City of Gloversville shall transmit to the State Comptroller
a sum equal to fifty percent (50%) of all license fees collected during the
preceding calendar month by the City of Gloversville pursuant to this section.[2]
C.
No license shall be issued under this chapter which shall
be effective for a period of more than one (1) year.
A.
No application for a license hereunder shall be denied
by the Mayor 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 applications.
B.
Any license issued under this chapter may be amended
upon application to the Mayor, 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
so included.
A.
Each license shall be in such form as shall be prescribed
in the rules and regulations promulgated by the control commission and shall
contain the information detailed in § 483 of the General Municipal
Law.
B.
Each license issued for the conduct of any game or games
of chance shall be conspicuously displayed at the place where same is to be
conducted at all times during the conduct thereof.
The Mayor 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 Mayor or any officer designated
by him 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 person under the age of eighteen (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 more often than on six (6) days in any
one (1) calendar month or in any room or outdoor area where alcoholic beverages
are sold or served during the progress of the game or games.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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, operating or conducting
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.
A.
Admission charge.
(1)
Not more than one dollar ($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,
(2)
No charge in excess of one dollar ($1.) shall be made
for a single opportunity to participate in all special games to be played
under such license on such occasion.
B.
No prize greater in amount or value than two hundred
fifty dollars ($250.) shall be offered or given in any single game conducted
under any such license, and the aggregate amount or value of all prizes offered
or given in all games played on a single occasion shall not exceed one thousand
dollars ($1,000.).
C.
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 beverages 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,
radio, television or sound trucks or by means of billboards, posters and handbills
or any other means addressed to the general public, except that one (1) sign
not exceeding sixty (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 fire-fighting equipment
belonging to any licensee which is a volunteer fire company or upon any first-aid
or rescue squad equipment belonging to any licensee or communities served
by such volunteer fire company or such first-aid or rescue squad, as the case
may be.
A.
Within fifteen (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 statement shall include:
(1)
Receipts from the sale of shares.
(2)
Tickets or rights in any manner connected with participation
in said game or the right to participate therein.
(3)
Each item of expense incurred, or paid.
(4)
Each item of expenditure made or to be made.
(5)
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.
(6)
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.
(7)
A list of prizes offered and given, with the respective
values thereof.
B.
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 Mayor 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, office, 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.
A.
Any applicant for or holder of any license issued or
to be issued under this chapter who is 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 Mayor
a written notice of appeal within thirty (30) days after the determination
or action appealed from.
B.
Upon the hearing of such appeal, the evidence, if any,
taken before the Mayor and any additional evidence may be produced and shall
be considered in arriving at a determination of the matters in issue.
C.
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 processing, 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 for 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 who 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, or who 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 who 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 who
shall falsify or make any false entry in any book of record so far as it relates
to any transaction connected with the holding, operating or conducting of
any game of chance under any such license, or who 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 under this chapter for one
(1) year thereafter.
