Town of Tuxedo, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tuxedo 7-22-1958, approved by referendum 11-4-1958; Art. II, 9-25-1996 by L.L. No. 2-1996. Amendments noted where applicable.]
[Adopted 7-22-1958, approved by referendum 11-4-1958]
This chapter shall be known as the "Bingo Licensing Law of the Town of Tuxedo"
[Amended 10-10-1979 by L.L. No. 9-1979; 9-25-1996 by L.L. No. 2-1996]
As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED ORGANIZATION
Only bona fide religious, charitable or nonprofit organizations of veterans, volunteer firemen and similar nonprofit organizations.
BINGO OR BINGO GAMES
A specific game of chance, commonly known as "bingo" or "lottery," in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.
LICENSE
A license issued pursuant to the provisions of this chapter and the provisions of Article 14-H of the General Municipal Law of the State of New York.
TOWN
The Town of Tuxedo.
[Amended 10-10-1979 by L.L. No. 9-1979; 9-25-1996 by L.L. No. 2-1996]
It shall be lawful for any authorized organization, upon obtaining a license therefor as is hereinafter provided, pursuant to 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 town, subject to the provisions of this chapter and the provisions of Article 14-H of the General Municipal Law of the State of New York, commonly known as the "State Bingo Licensing Law."
[Added 10-10-1979 by L.L. No. 9-1979; 9-25-1996 by L.L. No. 2-1996]
The procedure for the issuing of licenses therefor, the conduct of the game, the restrictions and regulations governing same and all other matters pertaining thereto shall be the same as described in said Article 14-H of the General Municipal Law of the State of New York and as set forth in this chapter.
[Amended 10-10-1979 by L.L. No. 9-1979; 9-25-1996 by L.L. No. 2-1996]
For the purpose of effectively administering this chapter and the Bingo Licensing Law within the town and in accordance with Article 14-H of the General Municipal Law of the State of New York, authorized organizations qualifying for a license shall pay to the Town Clerk, upon the issuance thereof, the sum of $12.50 for each occasion upon which any game of chance is to be conducted under such license.
A. 
No person, firm, association or organization, other than a licensee under the provisions of Article 14-H of the General Municipal Law and this chapter, shall conduct such game or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.
[Amended 10-10-1979 by L.L. No. 9-1979; 9-25-1996 by L.L. No. 2-1996]
B. 
No bingo games 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.
[Added 10-10-1979 by L.L. No. 9-1979]
C. 
No authorized organization licensed under the provisions of Article 14-H of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under the Bingo Licensing Law or from another authorized organization.
[Added 10-10-1979 by L.L. No. 9-1979]
D. 
The entire net proceeds of any game 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 $250.
F. 
No series of prizes on any one occasion shall aggregate more than $1,000.
G. 
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
H. 
No person shall receive any remuneration for participating in the management or operation of any such game.
I. 
No person under the age of 18 years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant to any license issued hereunder unless accompanied by an adult.
J. 
No game or games of chance shall be held, operated or conducted under any license issued hereunder more often than six days in any one calendar month or in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game or games.
[Amended 10-10-1979 by L.L. No. 9-1979]
A. 
Each applicant for a license shall file with the Town Clerk a written application therefor, in the form prescribed in the rules and regulations of the State Racing and Wagering Board, duly executed and verified, in which shall be stated the name and address of the applicant, together with sufficient facts relating to its incorporation and organization so as to enable the Town Board of the town to determine whether or not the applicant is a bona fide organization.
B. 
The application shall state:
(1) 
The names and addresses of the officers of the applicant, the specific place or places where and the date or dates and the time or times when such games of chance are intended to be held, operated and conducted by the applicant under the license applied for.
(2) 
The items of expenses 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.
(3) 
The specific purposes to which the entire net proceeds of such games of chance are to be devoted.
(4) 
That no direct or indirect compensation will be paid to any person for holding, operating or conducting such games of chance or for assisting therein, except as provided for by Article 14-H of the General Municipal Law of the State of New York.
(5) 
That no prize or aggregate of prizes will be offered or given under such license of a value in excess of the sum or value authorized by said Article 14-H of the General Municipal Law of the State of New York.
The authority of the Town Board in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings, the supervision of the operation of the games and of the collection and transmission of fees may be delegated to an officer or officers of the town designated by the Board.
A. 
No application for the issuance of a license shall be denied until after a hearing by the Town Board held on due notice to the applicant at which the applicant shall be entitled to be heard in respect to its qualifications and the grounds of its application.
B. 
Any license issued hereunder may be amended upon application if the subject matter of the proposed amendment could lawfully and properly have been included in the original license.
[Amended 10-10-1979 by L.L. No. 9-1979]
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the State Racing and Wagering Board, and 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.
[Amended 10-10-1979 by L.L. No. 9-1979; 9-25-1996 by L.L. No. 2-1996]
A. 
This chapter may be amended or repealed. Such amendment or repeal may be made effective and operative not earlier than 30 days following the date of enactment of the ordinance effecting such amendment or repeal. The approval of the majority of persons entitled to vote and voting thereon shall not be a condition prerequisite to the taking effect of such ordinance.
B. 
Any amendments or changes in said Article 14-H of the General Municipal Law of the State of New York which may hereafter be made by the Legislature of the State of New York and which shall be applicable to the Town of Tuxedo shall become and be a part of this chapter and effective at the time such amendments or changes become generally effective in the State of New York.
[Amended 9-25-1996 by L.L. No. 2-1996]
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.
[Adopted 9-25-1996 by L.L. No. 2-1996]
This article is adopted pursuant to the authority of Article 9-A of the General Municipal Law of the State of New York.
A. 
The words and terms used in this article shall have the meanings as such words and terms as used in Article 9-A of the General Municipal Law, unless otherwise provided herein or unless the context requires a different meaning.
B. 
As used in this Article, the following terms shall have the meanings indicated:
CHIEF LAW ENFORCEMENT OFFICER OF ORANGE COUNTY
The Sheriff of Orange County.
TOWN
The Town of Tuxedo.
Pursuant to, and in accordance with, the provisions of § 188(1) of the General Municipal Law of the State of New York and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor (as provided in Article 9-A of the General Municipal Law) to conduct games of chance within the territorial limits of the Town of Tuxedo.
A. 
The procedure for the issuing of licenses, the conduct of games of chance, the restrictions and regulations governing same and all other matters pertaining thereto shall be the same as described in said Article 9-A of the General Municipal Law of the State of New York, the rules and regulations set forth by the New York State Racing and Wagering Board and this chapter.
B. 
Any amendments or changes in said Article -9A of the General Municipal Law of the State of New York which may hereafter be applicable to the Town of Tuxedo shall become incorporated herein.
Games of chance may be commenced under any license issued pursuant to this chapter on Sunday between the hours of noon and midnight only, except that the application for a license may request approval to conduct such games of chance beyond midnight if the following day is a legal holiday. Notwithstanding the foregoing provisions of this section, no games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
A. 
For the purpose of effectively administering this chapter and in accordance with Article 9-A of the General Municipal Law of the State of New York, authorized organizations qualifying for a license to conduct games of chance shall pay to the Town Clerk, upon the issuance thereof, the sum of $25 for each occasion upon which any game of chance is to be conducted under such license.
B. 
Applicants qualifying for a license as a games of chance lessor, seeking to lease premises for the conduct of games of chance, shall pay to the Town Clerk, upon the issuance thereof, the sum of $50 for each occasion upon which any game of chance is to be conducted under such license.
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the State Racing and Wagering Board, and 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 unauthorized conduct of a game of chance and any willful violation of any provision of this chapter shall constitute and be punishable as a misdemeanor.
The powers and duties set forth in Subdivisions 1 and 2, § 194 of the General Municipal Law, shall be exercised by the Chief Law Enforcement Officer of Orange County.