[HISTORY: Adopted by the Town Board of the Town of New Castle 4-10-2007 by L.L. No. 6-2007. Amendments noted where applicable.]
Editor's Note: This local law passed mandatory referendum 5-9-2007. This local law also provided that it was adopted pursuant to the authority granted by Subdivision 1(d)(3) of Municipal Home Rule Law § 10 and General Municipal Law §§ 187 and 188, and that it shall supersede any provision of New York State law which is inconsistent with it.
This chapter shall be known as the "Games of Chance Law."
Except as may be specifically provided otherwise, this chapter shall be deemed to include all of the provisions of General Municipal Law Article 9-A and any amendment thereto to the extent that such provisions and amendments are otherwise applicable to games of chance authorized under this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED ORGANIZATION
- An authorized organization as defined in Subdivision 4 of General Municipal Law § 186.
- GAMES OF CHANCE
- A game of chance as defined in Subdivision 3 of General Municipal Law § 186.
- An authorized organization licensed by the Town to conduct games of chance under this chapter.
- LICENSE PERIOD
- A period of time running from January 1 to December 31 of each year in the case of raffles and bell jars, and a period of time not to exceed 14 consecutive hours for all other games of chance, all as provided in Subdivision 15 of General Municipal Law § 186.
- STATE BOARD
- The New York State Racing and Wagering Board.
- The Town of New Castle, New York.
An authorized organization may obtain a license from the Town Clerk and conduct games of chance within the Town in accordance with the New York State law, the rules and regulations of the State Board, this chapter, and all other applicable federal, state, and local laws.
Administration fee. Any authorized organization required to file a statement of receipts and expenses pursuant to Subdivision 1 or Subdivision 2 of General Municipal Law § 195-f shall pay to the Town Clerk an additional license fee based upon the reported net proceeds, if any, for the license period or, in the case of a raffle, for the occasion covered by such statement and determined in accordance with such schedule as shall be established from time to time by the State Board in accordance with General Municipal Law § 195-f.
The conduct of games of chance authorized by this chapter shall be subject to the restrictions set forth in General Municipal Law § 189:
No person, partnership, company, corporation, organization, or entity other than a licensee under the provisions of General Municipal Law § 191 shall conduct such game or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, directly or indirectly.
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.
No licensee 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 State Board.
The entire net proceeds of any game of chance shall be exclusively devoted to the lawful purposes of the licensee conducting the same, and the net proceeds of any rental derived therefrom shall be exclusively devoted to the lawful purposes of the authorized games of chance lessor.
In addition to merchandise wheels, raffles, and bell jars, no more than five other single types of games of chance shall be conducted during any one license period.
The limitation on the sum or value for any single prize awarded or series of prizes for games of chance shall be as set forth in Subdivision 5, Subdivision 6, and Subdivision 8 of General Municipal Law § 189.
Except for the limitations on the sum or value for single prizes and series of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period.
No person except a bona fide member of the licensed authorized organization shall participate in the management of such games; no person except a bona fide member of the licensed authorized organization or its auxiliary or affiliated organization shall participate in the operation of such game, as set forth in General Municipal Law § 195-c1.
No person shall receive any remuneration for participating in the management or operation of any such game.
No authorized organization shall extend credit to a person to participate in playing a game of chance.
No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor. Nothing herein shall prohibit the sale of raffle tickets to the public outside the premises of an authorized organization or an authorized games of chance lessor; provided, however, that no sale of raffle tickets shall be made more than 180 days prior to the date scheduled for the occasion at which the raffle will be conducted. The winner of any single prize in a raffle shall not be required to be present at the time such raffle is conducted.
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
Games of chance may be conducted on any day other than Easter Sunday, Christmas Day, and New Year's Eve.
The Town's Chief of Police shall exercise control and supervision over all games of chance conducted by a licensee to the end that they are fairly conducted in accordance with the license therefor, the rules and regulations of the State Board, and the provisions of General Municipal Law Article 9-A, and the Chief shall have all of the powers and duties set forth in General Municipal Law Article 9-A.