[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 10-13-1976 by L.L. No. 15-1977. Sections 146-6E and
F and 146-7B and C amended and § 146-6G and H added at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 89.
This chapter is subject and subordinate to all the conditions
and provisions contained in Article 9-A of the General Municipal Law
and amendments thereto and any and all rules and regulations and opinions
adopted or to be adopted by the New York State Racing and Wagering
Board.
A.
BOARD OF TRUSTEES
LICENSED PERIOD
OFFICER
STATE BOARD
VILLAGE CLERK
As used in this chapter, the terms "authorized games of chance lessor,"
"authorized organization," "authorized supplier of games of chance
equipment," "games of chance," "lawful purposes," "net lease," "net
proceeds," "one occasion" and "prize" shall have the meanings designated
in the definitions set forth in Article 9-A of the General Municipal
Law, and the following terms shall have the meanings indicated:
The Board of Trustees of the Village of Suffern.
A period of time not to exceed 14 consecutive hours.
The Village Clerk of the Village of Suffern or a Deputy Village
Clerk shall be the "officer" designated in Article 9-A of the General
Municipal Law as the chief law enforcement officer of this municipality.
The New York State Racing and Wagering Board.
The Village Clerk of the Village of Suffern and, for the
purposes of this chapter, the chief law enforcement officer of this
municipality.
B.
Words singular in form may include the plural; words plural in form
may include the singular; and words in the masculine gender shall
include the feminine and neuter genders.
The Village Clerk is hereby delegated the authority granted
to the Board of Trustees by Article 9-A of the General Municipal Law,
entitled "Local Option for Conduct of Games of Chance by Certain Organizations,"
in relation to the issuance, amendment and cancellation of licenses,
the conduct of investigations and hearings and the collection and
transmission of fees.
No person, firm, association, corporation or organization other
than an authorized organization licensed under the provisions of this
chapter shall be permitted to conduct games of chance within the territorial
limits of the Village of Suffern.
A.
Each applicant for a license, after obtaining an identification number
from the State Board, shall file with the Village Clerk a written
application therefor in a form to be prescribed by the State Board
or the Village Clerk, duly executed and verified, in which shall be
stated:
(1)
The name and address of the applicant, together with sufficient facts
relating to its incorporation and organization to enable the Village
Clerk to determine whether or not it is a bona fide authorized organization.
(2)
The names and addresses of its officers and the place where and the
date and time when the applicant intends to conduct games of chance
under the license applied for.
(3)
The amount of rent to be paid or other consideration to be given,
directly or indirectly, for each occasion for use of the premises
of another authorized organization licensed under this chapter to
conduct games of chance or for the use of the premises of an authorized
games of chance lessor.
(4)
All other items of expense intended to be incurred or paid in connection
with the holding, operating and conducting of games of chance and
the names and addresses of the persons to whom and the purposes for
which they are to be paid.
(5)
The purposes to which the entire net proceeds of the games of chance
are to be devoted and in what manner, and that no commission, salary,
compensation, reward or recompense will be paid to any person for
conducting games of chance or for assisting therein, except as otherwise
provided in Article 9-A of the General Municipal Law.
(6)
Any other information as shall be prescribed by the rules and regulations
promulgated by the State Board.
B.
In each application there shall be designated not fewer than four
active members of the applicant organization under whom the games
of chance will be conducted, and to the application shall be appended
a statement executed by the members so designated that they will be
responsible for the conduct of the games of chance in accordance with
the terms of the license, Article 9-A of the General Municipal Law,
the provisions of this chapter and the rules and regulations of the
State Board.
C.
Each applicant for a license to lease premises to a licensed organization
for the purposes of conducting games of chance therein shall file
with the Village Clerk a written application therefor in a form to
be prescribed by the State Board or the Village Clerk, duly executed
and verified, which shall set forth:
(1)
The name and address of the applicant.
(2)
The designation and address of the premises intended to be covered
by the license sought.
(3)
A statement that the applicant in all respects conforms to the specifications
contained in the definition of "authorized organization" set forth
in Article 9-A of the General Municipal Law.
(4)
Any other information as shall be prescribed by the State Board and
the provisions of this chapter.
A.
No person, firm, association, corporation or organization, other than a licensee under the provisions of this chapter, shall conduct a game of chance or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, directly or indirectly, except as provided in § 146-5 of this chapter.
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 a game of chance.
C.
No authorized organization licensed under the provisions of this
chapter shall purchase or receive any supplies or equipment specifically
designed or adapted for use in the conduct of games of chance from
other than an authorized supplier of games of chance equipment licensed
by the State 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.
F.
No authorized organization shall award a series of prizes consisting
of cash or of merchandise with an aggregate value in excess of $1,000
during the successive operations of any one merchandise wheel or bell
jar.[2]
H.
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 and bell jars, no series of
prizes on any one occasion shall aggregate more than $250 when the
licensed authorized organization conducts fewer than five single types
of games of chance, exclusive of merchandise wheels and bell jars,
during any one license period.[4]
I.
No person except a bona fide member of any authorized organization, its auxiliary or affiliated organization shall participate in the management or operation of a game of chance as set forth in § 146-12 of this chapter.
J.
No person shall receive any remuneration for participating in the
management or operation of any game of chance.
K.
The conduct of games of chance on Sunday is only permitted when it
is specifically provided for in the license issued. No games of chance,
however, shall be conducted on Easter Sunday, Christmas Day, New Year's
Eve or Yom Kippur.
L.
No hall or other premises shall be used for the conduct of games
of chance unless said hall or premises, where applicable, complies
with the fire laws of the State of New York and the provisions of
the health laws of the Town of Ramapo.
A.
The Village Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application with due expedition
after the filing of the application.
B.
If the Village Clerk shall determine that the applicant is duly qualified
to be licensed to conduct games of chance under this chapter that
the member of the applicant designated in the application to conduct
games of chance is a bona fide active member of the applicant and
is a person of good moral character and has never been convicted of
a crime or, if convicted, has a pardon or a certificate of good conduct,
that such games of chance are to be conducted in accordance with the
rules and regulations of the State Board and that the proceeds thereof
are to be disposed of as provided by this chapter and if the Village
Clerk is satisfied that no commission, salary, compensation, reward
or recompense whatsoever shall be paid or given to any person holding,
operating, conducting or assisting in holding, operating or conducting
any games of chance, except as otherwise provided in this chapter,
and that no single prize or aggregate of prizes shall exceed the sum
or value allowed by law, then the Village Clerk shall issue a license
to the applicant for the conduct of games of chance upon payment of
a license fee in an amount set by resolution of the Board of Trustees
in the Standard Schedule of Fees of the Village of Suffern.[1]
C.
If the Village Clerk shall determine that the applicant seeking to
lease a hall or premises for the conduct of games of chance to an
authorized organization is duly qualified to be licensed under this
chapter, that the applicant satisfies the requirements for an authorized
games lessor as defined in Article 9-A of the General Municipal Law,
that the Village Clerk shall find and determine that there is a public
need and that a public advantage will be served by the issuance of
the license, that the applicant has filed its proposed rent for each
game of chance occasion, that there is no diversion of the funds of
the proposed lessee from the lawful purposes as defined in Article
9-A of the General Municipal Law and that the leasing of a hall or
premises for the conduct of games of chance is to be in accordance
with the rules and regulations of the State Board, then he shall issue
a license permitting the applicant to lease said premises for the
conduct of games of chance to the authorized organization set forth
in the application during the period therein specified or such shorter
period as the Village Clerk shall determine, but not to exceed one
year, upon payment of a license fee in an amount set by resolution
of the Board of Trustees in the Standard Schedule of Fees of the Village
of Suffern.[2]
D.
Under this chapter, no license shall be issued which shall be effective
for a period of more than one year.
A.
No application for the issuance of a license to an authorized organization
shall be denied by the Village Clerk until after a hearing is held
upon due notice to the applicant, at which time the applicant shall
be entitled to be heard upon its qualifications and the merits of
the application.
B.
Any applicant for or holder of any license hereunder aggrieved by
any action of the Village Clerk to which an application has been made
or by which a license has been issued may appeal to the State Board
from the determination of the Village Clerk by filing with the Village
Clerk written notice of an appeal within 30 days after the determination
or action appealed from, and, upon the hearing of such appeal, the
evidence, if any, taken before the Village Clerk and any additional
evidence may be produced and shall be considered in arriving at a
determination of the matters in issue. The action of the State Board
upon said appeal shall be binding upon the Village Clerk and all parties
to said appeal.
C.
Any license issued hereunder may be amended upon application to the
Village Clerk if the subject matter of the proposed amendment could
lawfully and properly have been included in the original license and
upon payment of any additional license fee as would have been payable
if it had been so included.
A.
Each license to conduct games of chance shall be in a form as shall
be prescribed in the rules and regulations promulgated by the State
Board or the Village Clerk and shall contain a statement of the name
and address of the licensee, of the name and address of each member
of the licensee under whom the game of chance shall be conducted,
of the place where and the date and time when the games of chance
are to be conducted and of the purposes to which the entire net proceeds
of the games of chance are to be devoted. If any prizes are to be
given in cash, a statement of the amounts of the prizes authorized
so to be given and any other information which may be required by
said rules and regulations shall be contained therein. Each license
issued for the conduct of any games of chance shall be conspicuously
displayed at the place where the same is to be conducted at all times
during the conduct thereof.
B.
Each license to lease premises for conducting games of chance will
be in a form as shall be prescribed in the rules and regulations of
the State Board or the Village Clerk and shall contain a statement
of the name and address of the licensee and the address of the leased
premises, the amount of permissible rent and any other information
which may be required by said rules and regulations. Each license
shall be conspicuously displayed upon the premises at all times during
the conduct of the games of chance.
A.
The officer shall have and exercise rigid control and close supervision
over all games of chance conducted under each license, to the end
that the same are fairly conducted in accordance with the provisions
of said license, the provisions of this chapter and the provisions
of the rules and regulations promulgated by the State Board. The officer
and the State Board shall have the power and authority to temporarily
suspend any license issued by the Village Clerk pending a hearing.
The officer and State Board shall have the right of entry, by their
respective officers and agents, at all times, into any premises where
any game of chance is being conducted or intended to be 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. An agent
of the appropriate officer shall make an on-site inspection during
the conduct of all games of chance licensed pursuant to this chapter.
B.
Subject to the applicable provisions of the Alcoholic Beverage Control
Law, beer may be offered for sale during the conduct of games of chance,
but the offering of all other alcoholic beverages is prohibited.
A.
Within seven days after the conclusion of any licensed period, the
authorized organization which conducted the games of chance, its members
who were in charge thereof and, when applicable, the authorized organization
which rented its premises therefor shall each furnish to the Village
Clerk a statement subscribed by the member in charge and affirmed
by him as true, under the penalties of perjury, showing the amount
of the gross receipts derived therefrom, each item of expense incurred
or paid, each item of expenditure made or to be made other than prizes,
the name and address of each person to whom each item of expense has
been paid or is to be paid, with a detailed description of the merchandise
purchased or the services rendered therefor, the net proceeds derived
from the conduct of the games of chance during the licensed period
the use to which such proceeds have been or are to be applied and
a list of the prizes and the values thereof offered and given. It
shall be the duty of each licensee to maintain and keep such books
and records as may be necessary to substantiate the particulars of
each statement of receipts.
B.
Upon filing the statement of receipts, the authorized organization
furnishing the same shall pay to the Village Clerk as and for an additional
fee a sum of 5% of the net proceeds, if any, for the licensed period
covered by the statement and determined in accordance with the schedule
as shall be established from time to time by the State Board or the
Village Clerk to defray the actual cost to the Village of Suffern
of administering the provisions of this chapter.
C.
Examination of books and records.
(1)
The Village Clerk and the State Board shall have the power to examine
or cause to be examined the books and records of:
(a)
Any authorized organization which is or has been licensed to
conduct games of chance, so far as they may relate to games of chance,
including the maintenance, control and disposition of the net proceeds
derived from games of chance or from the use of its premises for games
of chance and to examine any manager, officer, director, agent, member
or employee thereof under oath in relation to the conduct of any games
of chance under any license, the use of its premises for games of
chance or the disposition of the net proceeds derived from games of
chance, as the case may be.
(b)
Any authorized games of chance lessor so far as the same may
relate to leasing premises for games of chance and to examine said
lessor or any manager, officer, director agent or employee thereof
under oath in relation to said leasing.
(2)
Any information so received shall not be disclosed except for the
purpose of carrying out the provisions of this chapter.
A.
No person under the age of 18 years shall be permitted to play any
game of chance conducted pursuant to any license issued under this
chapter.
B.
No games of chance shall be conducted under any license issued under
this chapter more often than 12 times in any calendar year. Games
of chance shall be conducted only between the hours of 12:00 noon
and 12:00 midnight on Sunday, Monday, Tuesday, Wednesday and Thursday;
only between the hours of 12:00 noon Friday and 2:00 a.m. Saturday;
and only between the hours of 12:00 noon Saturday and 2:00 a.m. Sunday.
The 2:00 a.m. closing period shall also apply to a legal holiday.
C.
No person shall operate or conduct any games of chance under any
license issued under this chapter except an active member of any authorized
organization to which the license is issued, and no person shall assist
in holding, operating or conducting any games of chance under any
license except 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 which is affiliated with the licensee
by being, with it, auxiliary to another organization or association.
At least two officers, directors, trustees or clergy of the authorized
organization shall, upon request, certify under oath that the persons
assisting in holding, operating or conducting any games of chance
are bona fide members of such authorized organization, auxiliary or
affiliated organization.
D.
No games of chance shall be conducted with any equipment except that
owned or leased by the authorized organization so licensed or used
without payment of any compensation therefor by the licensee.
E.
No items of expense shall be incurred or paid in connection with
the conducting of any game of chance pursuant to any license issued
under this chapter except those that are reasonable and are necessarily
expended for games of chance supplies and equipment; prizes; stated
rental, if any; bookkeeping or accounting services according to a
schedule of compensation prescribed by the State Board; janitorial
services and utility supplies, if any; license fees; and the cost
of bus transportation, if authorized by the office.
F.
Not more than $2 shall be charged by any licensee for admission to
any room or place in which any games of chance are to be conducted
under any license issued under this chapter. Every winner shall be
determined and every prize shall be awarded and delivered on the same
calendar day as the game was played.
G.
No games of chance conducted or to be conducted in the Village of
Suffern shall be advertised as to their location, the time when they
are to be or have been played or the prizes awarded or to be awarded
or transportation facilities to be provided to such games by means
of newspaper, radio, television or sound trucks or by means of billboards,
posters or handbills or any other means addressed to the general public,
except that one sign not exceeding 60 square feet in area may be displayed
on or adjacent to the premises owned or occupied by a licensed authorized
organization, and, when an organization is licensed to conduct games
of chance on premises of an authorized games of chance lessor, one
additional such sign may be displayed on or adjacent to the premises
in which the games of chance are to be conducted. 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 in and throughout the community or communities served
by such volunteer fire company or such first-aid or rescue squad.
H.
No person, association, corporation or organization lawfully conducting
or participating in the conduct of games of chance or permitting the
conduct upon any premises owned or leased by him or it under any license
issued hereunder 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. However, this immunity shall not extend
to any person or corporation knowingly conducting or participating
in the conduct of games of chance under any license obtained by any
false pretense or by any false statement made in any application for
a license or otherwise or permitting the conduct upon any premises
owned or leased 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.
I.
Any person, association, corporation or organization who or which shall make any material false statement in any application for any license issued pursuant to this chapter; shall pay or receive a rental in excess of the amount specified as the permissive rent in the license provided for in § 146-5 of this chapter for the use of any premises for conducting games of chance; shall fail to keep such books and records as shall truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; shall falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or shall divert or pay any portion of the net proceeds of any game of chance to any person, association or corporation except in furtherance of one or more of the lawful purposes defined in this chapter shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for at least one year thereafter.
J.
Any person, association, corporation or organization holding, operating
or conducting games of chance shall be guilty of a misdemeanor, except
when operating, holding or conducting said games:
(1)
In accordance with a valid license issued pursuant to this chapter;
or
(2)
On behalf of a bona fide organization of persons 60 years of age
or over, commonly referred to as "senior citizens," solely for the
purpose of amusement and recreation of its member where:
(a)
The organization has applied for and received an identification
number from the State Board;
(b)
No player or other person furnishes anything of value for the
opportunity to participate;
(c)
The prizes awarded or to be awarded are nominal;
(d)
No person other than a bona fide active member of the organization
participates in the conduct of the games of chance; and
(e)
No person is paid for conducting or assisting in the conduct
of the games of chance.
K.
No alcoholic beverages, with the exception of beer, shall be sold
at any games of chance.
L.
No alcoholic beverages shall be offered or given as a prize in any
games of chance.
M.
The unauthorized conduct of a game of chance shall constitute and
be punishable as a misdemeanor.
