[HISTORY: Adopted by the Town Board of the Town of Frankfort 6-11-1985 by L.L. No.
3-1985.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was passed by affirmative
vote of a majority of voters at referendum held 11-5-1985.
This chapter is enacted pursuant to the authority granted by
Article 9-A of the General Municipal Law of the State of New York.
A.
The New York State Legislature has declared, in adopting Article
9-A of the General Municipal Law entitled "Local Option for Conduct
of Games of Chance by Certain Organizations," that the raising of
funds for the promotion of bona fide charitable, educational, scientific,
health, religious and patriotic causes and undertakings, where the
beneficiaries are undermined, is in the public interest.
B.
The Legislature of the State of New York has declared it to be the
policy of said Legislature that all phases of the supervision, licensing
and regulation of games of chance and the conduct of games of chance
should be closely controlled and the laws and regulations pertaining
thereto should be strictly construed for the purpose of discouraging
commercialism in such games and to ensure a maximum availability of
the net proceeds of games of chance exclusively for the application
of worthy causes.
C.
The Town Board of the Town of Frankfort deems it in the best interests
of the citizens of the Town of Frankfort that said games of chance
should be permitted in the Town of Frankfort as authorized by Article
9-A of the General Municipal Law.
This chapter shall apply only within the corporate limits of
the Town of Frankfort County of Herkimer and State of New York.
All terms used herein shall be given their ordinary and common
meanings, unless said terms are specifically defined by Article 9-A
of the General Municipal Law or the rules and regulations of the New
York State Racing and Wagering Board.
This chapter shall be deemed to include all of the provisions
of Article 9-A of the General Municipal Law and the rules and regulations
of the New York State Racing and Wagering Board adopted pursuant to
said Article 9-A, except as otherwise provided in this chapter; and
all amendments to the provisions of said Article 9-A or said rules
and regulations are hereby deemed to be incorporated into this chapter
to the extent such amendments are otherwise applicable to games of
chance authorized under this chapter.
Authorized organizations may, upon obtaining a license from
the Town Clerk, conduct games of chance within the corporate limits
of the Town of Frankfort. Such games of chance shall be conducted
in accordance with the laws of the State of New York and with the
rules and regulations adopted by the New York State Racing and Wagering
Board and pursuant to this chapter.
This chapter shall be deemed to include all of the provisions
of Article 9-A of the General Municipal Law and the rules and regulations
of the New York State Racing and Wagering Board, except as otherwise
provided by this chapter, and any amendments to said Article 9-A or
said rules and regulations are hereby deemed to be incorporated into
this chapter.
Games of chance may be conducted on the first day of the week,
commonly known and designated as Sunday, pursuant to this chapter,
but only between the hours of 12:00 noon and 12:00 midnight of the
next succeeding day, commonly known as Monday.
The Town Board of the Town of Frankfort shall exercise control
over and supervision of all games of chance conducted under a duly
authorized license, and the Town Board shall have all the powers and
duties as set forth in § 194 of the General Municipal Law
of the enforcement of Article 9-A of the General Municipal Law.
Any violation of Article 9-A of the General Municipal Law of
the State of New York, the rules and regulations of the New York State
Racing and Wagering Board as it applies to games of chance, or of
this chapter, shall constitute a misdemeanor and shall cause the forfeiture
of any license pursuant to this chapter and shall cause the licensee
to be ineligible to apply for a license to conduct games of chance
for a minimum period of one year after the conviction, all pursuant
to § 195-j of the General Municipal Law.
Any and all local laws or regulations in conflict with this
chapter at any time heretofore adopted are hereby repealed in their
entirety.
