[HISTORY: Adopted by the Town Board of the
Town of Tuxedo as indicated in article histories. 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:
Only bona fide religious, charitable or nonprofit organizations
of veterans, volunteer firemen and similar nonprofit organizations.
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.
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.
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.
CHIEF LAW ENFORCEMENT OFFICER OF ORANGE COUNTY
TOWN
As used in this article, the following terms shall
have the meanings indicated:
The Sheriff of Orange County.
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.
