[HISTORY: Adopted Orangetown Town Board: Article I, 8-12-1958, approved
by referendum 11-4-1958; amended 5-15-1963; Article II, 10-12-1976, approved by referendum 11-2-1976. Subsequent amendments noted where applicable.]
[Adopted 8-12-1958, approved by referendum 11-4-1958]
The purpose of this ordinance is to amend the Bingo Ordinance
of the Town of Orangetown adopted August 12, 1958, authorizing the
conduct of bingo in the Town of Orangetown, to change the reference
in such ordinance from Article 14-G of the General Municipal Law to
Article 14-H of the General Municipal Law, as so renumbered by Chapter
438 of the Laws of 1962, and to set forth therein the following additional
amended and renumbered restrictions concerning the conduct of the
game of bingo by an authorized organization in the Town of Orangetown
as required by § 479 of the General Municipal Law of the
State of New York as amended by Chapter 438 of the Laws of 1962:
A.
No
person, firm, association, corporation or organization, other than
a licensee under the provisions of Article 14-H of the General Municipal
Law, shall conduct such game or shall lease or otherwise make available
for conducting bingo in a hall or other premises for any consideration
whatsoever, direct or indirect.
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.
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
Control Law or from another authorized organization.
D.
The
entire net proceeds of any game of bingo and of any rents shall be
exclusively devoted to the lawful purposes of the organization permitted
to conduct the same.
E.
No
prize shall exceed the sum or value of $250 in any single game of
bingo.
F.
No
series of prizes on any one bingo 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 game of bingo.
I.
The
unauthorized conduct of a bingo game and any willful violation of
any provision of this ordinance shall constitute and be punishable
as a misdemeanor.
J.
Games
of bingo may be conducted under any license issued under this ordinance
on the first day of the week commonly known and designated as Sunday.
[Amended 3-8-1976 by L.L. No. 3, 1976]
If any part or provision of this ordinance or the application
thereof to any person or circumstance is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered,
and shall not affect or impair the validity of the remainder of this
ordinance or the application thereof to other persons or circumstances.
The Town Board hereby declares that it would have enacted the remainder
of this ordinance even without any such part, provision or application.
This ordinance shall take effect immediately upon publication
and posting, as provided by law.
[Adopted 10-12-1976, approved by referendum 11-2-1976]
This ordinance shall be known as the "Town of Orangetown Games
of Chance Licensing Law."
This ordinance 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.
The Town Board finds the raising of funds for the promotion
of bona fide charitable, educational, scientific, health, religious,
patriotic and other worthy causes, and where the beneficiaries are
undetermined, to be in the public interest, and that the mandate of
Section Nine of Article One of the State Constitution, as amended,
should be carried out by rigid regulations to prevent commercialized
gambling, prevent participation by criminal and other undesirable
elements and prevent the diversion of funds from the purposes herein
authorized.
As used in this ordinance; the following terms shall have the
meanings, indicated:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of Article 9-A of the General Municipal
Law or pursuant to the provisions of this ordinance.
Any bona fide religious or charitable organization or bona
fide educational or service organization or bona fide organization
of veterans or volunteer firemen which, by its charter, certificate
of incorporation, constitution or act of the Legislature, shall have
among its dominant purposes those as defined in this ordinance, and
provided that each such organization shall operate without profit
to its individual members, and provided that each such organization
has engaged in serving one or more of the lawful purposes as defined
in this ordinance for a period of three years immediately preceding
the filing of an application for a license under this ordinance. No
organization shall be deemed an authorized organization which is or
has been formed primarily for the purpose of conducting games of chance
and the distribution of the proceeds thereof to itself or any other
organization, or which does not devote at least 75% of its activities
and funds to other lawful purposes set forth in this ordinance. No
political party, club or committee shall be deemed an "authorized
organization."
Any person, firm, corporation, partnership or organization
licensed by the New York State Racing and Wagering Board to sell or
lease games of chance equipment or paraphernalia which meets the specifications
and regulations established by the New York State Racing and Wagering
Board. Nothing herein shall prevent an authorized organization from
purchasing common articles, such as cards and dice, from normal sources
of supply of such articles or from constructing equipment and paraphernalia
for games of chance for its own use. However, no such equipment or
paraphernalia, constructed by an authorized organization, shall be
sold or leased to any other authorized organization without written
permission from the New York State Racing and Wagering Board.
Specific games of chance in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but not including games commonly known as "bingo" or "lotto," which are controlled by Article 14-H of the General Municipal Law and Article I of Chapter 4 of the Code of the Town of Orangetown, and also not including "slot machines," "bookmaking" and "policy or number games" as defined in § 225.00 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.
One or more of the following causes, deeds or activities:
Those which shall benefit needy or deserving persons
indefinite in number by enhancing their opportunity for religious
or educational advancement, by relieving them from disease, suffering
or distress, or by contributing to their physical well-being, by assisting
them in establishing themselves in life as worthy and useful citizens,
or by increasing their comprehension of and devotion to the principles
upon which this nation was founded and by enhancing their loyalty
to their governments.
Those which shall initiate, perform or foster worthy
public works or shall enable or further the erection or maintenance
of public structures.
Those which shall otherwise lessen the burdens borne
by government or which are voluntarily undertaken by an authorized
organization to augment or supplement services which government would
normally render to the people.
A period of time not to exceed 14 consecutive hours.
In relation to the gross receipts from one or more
occasions of games of chance, the amount that shall remain after deducting
the reasonable sums necessarily and actually expended for supplies
and equipment; prizes; stated rental, if any; bookkeeping or accounting
services, according to a schedule of compensation prescribed by the
New York State Racing and Wagering Board; janitorial services and
utility supplies, if any; license fees; and the cost of bus transportation,
if authorized by the division.
In relation to the gross rent received by an organization
licensed to conduct such games for the use of its premises by another
licensee, the amount that shall remain after deducting the reasonable
sums necessarily and actually expended for janitorial services and
utility supplies directly attributable thereto, if any.
The conducting of any type of game of chance during any one
license period. No series of prizes on any one occasion shall aggregate
more than $1,000.
A sum of money or item of merchandise awarded by the authorized
organization to a participant in any one operation or conducting of
a game of chance in which participants utilize currency for participation
and in which those who are not winners surrender their participating
currency at the conclusion of the single operation of such game of
chance. No prize for any one participant in any one operation or conducting
of such single game of chance shall exceed the sum of $100. If a prize
is awarded based on odds, only that portion in excess of the winning
participant's bet shall be considered as a prize. For the purposes
of this ordinance, the value of a prize which consists of merchandise
shall be the actual cost of the item of such merchandise.
The Town Board of the Town of Orangetown.
The Town Clerk of the Town of Orangetown.
The Town Clerk is hereby delegated the authority granted to
the Town Board by the New York State Games of Chance Licensing Law,
Article 9-A of the General Municipal Law, in relation to the issuance,
amendment and cancellation of licenses, the conduct of investigations
and hearings and the collection and transmission of fees.
A.
No person, firm, association, corporation or organization, other than a licensee under the provisions of this ordinance, shall conduct such game or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided in § 4-10 of this Games of Chance Licensing Law.
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 such game.
C.
No
authorized organization licensed under the provisions of this ordinance
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
New York State Racing and Wagering Board.
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.
E.
No
series of prizes on any one occasion of games of chance shall aggregate
more than $1,000.
F.
No
prize shall exceed the sum or value of $100 in any operation or conducting
of a single game of chance. No single wager shall exceed $10.
G.
No person except a bona fide member of any such organization, its auxiliary or affiliated organization, shall participate in the management or operation of such game as set forth in § 4-15 of this ordinance.
H.
No
person shall receive any remuneration for participating in the management
or operation of any such game.
I.
The
conduct of games of chance on Sundays is only permitted when it is
specifically provided for in the license issued. No games, however,
shall be conducted on Easter Sunday, Christmas Day, New Year's
Eve and the Jewish High Holy Days of Rosh Hashanah and Yom Kippur.
J.
No
hall or other premises may be used for the conduct of games of chance
unless said hall or other premises, where applicable, complies with
the provisions of Title 12, NYCRR, Subpart 36, relative to places
of public assembly.
A.
To conduct games of chance:
(1)
Each applicant for a license shall, after obtaining an
identification number from the New York State Racing and Wagering
Board, file with the Town Clerk a written application therefor, in
a form to be prescribed by the New York State Racing and Wagering
Board and/or the Town Clerk, duly executed and verified, in which
shall be stated:
(a)
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to
enable the Town Clerk to determine whether or not it is a bona fide
authorized organization.
(b)
The names and home addresses of its officers; the
place or places where, the date or dates and the time or times when
the applicant intends to conduct games under the license applied for.
(c)
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 law
to conduct such games or for the use of the premises of an authorized
games of chance lessor, which rent shall not, at the discretion of
the Town Clerk, be deemed excessive.
(d)
All other items of expense 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 purpose for which, they are to be paid.
(e)
The purposes to which the entire net proceeds of
such games are to be devoted and in what manner; that no commission,
salary, compensation, reward or recompense will be paid to any person
for conducting such game or games or for assisting therein, except
as in Article 9-A of the General Municipal Law otherwise provided;
and such other information as shall be prescribed by such rules and
regulations of the New York State Racing and Wagering Board.
(2)
In each application there shall be designated not less
than four active members of the applicant organization under whom
the game or 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 such games in accordance
with the terms of the license and the rules and regulations of the
New York State Racing and Wagering Board, Article 9-A of the General
Municipal Law and the provisions of this ordinance.
B.
Authorized games of chance lessor. 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 Town Clerk a written application therefor in a form to be prescribed by the New York State Racing and Wagering Board and/or the Town Clerk, duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; a statement that the applicant in all respects conforms with the specifications contained in the definition of "authorized organization" set forth in § 4-7 of this ordinance; and such other information as shall be prescribed by the New York State Racing and Wagering Board and the provisions of this ordinance.
A.
The Town 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.
(1)
Issuance of licenses to conduct games of chance. If the
Town Clerk shall determine that the applicant is duly qualified to
be licensed to conduct games of chance under this ordinance; that
the member or members of the applicant are persons of good moral character
and have never been convicted of a crime, or, if convicted, have received
a pardon or a certificate of good conduct; that such games are to
be conducted in accordance with the provisions of this ordinance and
in accordance with the rules and regulations of the New York State
Racing and Wagering Board; and that the proceeds thereof are to be
disposed of as provided by this ordinance, and if the Town Clerk is
satisfied that no commission, salary, compensation, reward or recompense
whatever will be paid or given to any person holding, operating or
conducting, or assisting in the holding, operation and conduct of
any such games, except as in this ordinance otherwise provided; and
that no prize will be given in excess of the sum or value of $100
in any single game; and that the aggregate of all prizes given on
one occasion under said license shall not exceed the sum or value
of $1,000, the Town Clerk shall issue a license to the applicant for
the conduct of games of chance upon payment of a license fee of $25
for each license period.
(2)
Issuance of licenses to authorized games of chance lessors. If the Town 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 ordinance; that the applicant satisfies the requirements for an authorized games of chance lessor as defined in § 4-7 of this ordinance; that there is a public need and the public advantage will be served by the issuance of such 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 this ordinance; and that such leasing of a hall or premises for the conduct of such games is to be in accordance with the provisions of this ordinance and in accordance with the rules and regulations of the New York State Racing and Wagering Board, he shall issue a license permitting the applicant to lease said premises for the conduct of such games to the authorized organization or organizations specified in the application during the period therein specified or such shorter period as the Town Clerk shall determine, but not to exceed one year, upon payment of a license fee of $50.
B.
On or before the 30th day of each month, the Director of
Finance of the Town of Orangetown, on behalf of the Town Clerk shall
transmit to the State Comptroller a sum equal to 50% of all authorized
games of chance lessor license fees and the sum of $15 per license
period for the conduct of games of chance collected by such Town Clerk
pursuant to this section during the preceding calendar month.
C.
No license shall be issued under this ordinance 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 Town Clerk until after a hearing
held by the Town Clerk on due notice to the applicant, at which time
the applicant shall be entitled to be heard upon the qualifications
of the applicant and the merits of the application.
B.
Any license issued under this ordinance may be amended
upon application made to such Town Clerk if the subject matter of
the proposed amendment could lawfully and properly have been included
in the original license, and upon payment of such additional license
fee, if any, as would have been payable if it had been so included.
A.
Each license to conduct games of chance shall be in such
form as shall be prescribed in the rules and regulations of the New
York State Racing and Wagering Board and shall contain a statement
of the name and address of the licensee, the names and addresses of
the member or members of the licensee under whom the games will be
conducted, the place or places where and the date or dates and time
or times when such games are to be conducted, the purposes to which
the entire net proceeds of such games are to be devoted and, if any
prize or 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 to be contained
therein. Each license issued for the conduct of any games shall be
conspicuously displayed at the place where 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 such form as shall be prescribed in the rules and
regulations of the New York State Racing and Wagering Board 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 information which may be required by said rules and regulations
to be contained therein. Each such license shall be conspicuously
displayed upon such premises at all times during the conduct of games
of chance.
A.
The Chief of Police of the Town of Orangetown shall have
and exercise rigid control and close supervision over all games of
chance conducted under such license to the end that the same are fairly
conducted in accordance with the provisions of such license, the provisions
of the rules and regulations promulgated by the New York State Racing
and Wagering Board and the provisions of this ordinance, and such
Chief of Police and the New York State Racing and Wagering Board shall
have the power and authority to temporarily suspend any license issued
by the Town Clerk, pending a hearing held by the Town Clerk; and after
notice and hearing, the New York State Racing and Wagering Board may
suspend or revoke the same and 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 where it is intended that
any such game shall 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. The Chief of Police or an agent chosen or
designated by him shall make on-site inspection(s) during the conduct
of all games of chance licensed pursuant to this ordinance.
B.
The Town Clerk shall have the authority to direct the various
Town agencies and departments to do whatever investigations are necessary
within the purview of their respective agency or department to facilitiate
the processing and investigations of the applications.
C.
The service of alcoholic beverages is 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.
Participation by persons under 18. No person under the
age of 18 years shall be permitted to play any game or games of chance
conducted pursuant to any license issued under this ordinance. No
person under the age of 18 years shall be permitted to conduct or
assist in the conduct of any game of chance conducted pursuant to
any license issued under this ordinance.
B.
Frequency of games. No game or games of chance shall be
conducted under any license issued under this ordinance more often
than 12 times in any calendar year. Games shall be conducted only
between the hours of 12:00 noon and 12:00 midnight on Sunday, Monday,
Tuesday, Wednesday and Thursday, and only between the hours of 12:00
noon on Friday and 2:00 a.m. Saturday, and only between the hours
of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing
periods shall also apply to a legal holiday.
C.
Persons operating and conducting games; equipment; expenses;
compensation.
(1)
No person shall hold, operate or conduct any game of chance
under any license issued under this ordinance, except an active member
of the authorized organization to which the license is issued, and
no person shall assist in the holding, operating or conducting of
any game of chance under such license, except such 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 of which
such licensee is an auxiliary or member of an organization or association
which is affiliated with the licensee by being, with it, auxiliary
to another organization or association.
(2)
No game of chance shall be conducted with any equipment,
except such as shall be owned or leased by the authorized organization
so licensed or used without payment of any compensation therefor by
the licensee.
(3)
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
game of chance are bona fide members of such authorized organization,
auxiliary or affiliated organization. Upon request by the Chief of
Police of the Town of Orangetown, any such person involved in such
games of chance shall certify that he or she has no criminal record.
(4)
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 ordinance, except those that are reasonable and
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 New York State Racing
and Wagering Board; janitorial services and utility supplies, if any;
license fees; and the cost of bus transportation, if authorized by
said Board.
D.
Charge for admission and participation; amount of prizes;
award of prizes. Not more than $2 shall be charged by any licensee
for admission to any room or place in which any game or games of chance
are to be conducted under any license issued under this ordinance.
Every winner shall be determined and every prize shall be awarded
and delivered within the same calendar day as that upon which the
game was played. No alcoholic beverage shall be offered or given as
a prize in any game of chance.
E.
Advertising games. No game of chance conducted or to be
conducted in the Town of Orangetown shall be advertised as to its
location, the time when it is to be or has been played, the prizes
awarded or to be awarded or transportation facilities to be provided
to such game, by means of newspapers, 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
24 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
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 first-aid and rescue squad in and throughout
the communities served by such volunteer company or such first-aid
or first-aid and rescue squad, as the case may be.
F.
Statement of receipts, expenses; additional license fees.
(1)
Within seven days after the conclusion of any license
period, the authorized organization which conducted the games, and
its members who where in charge thereof, and when applicable the authorized
organization which rented its premises therefor, shall each furnish
to the Town 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 and each item of expense
incurred or paid, and each item of expenditure made or to be made
other than prizes; the name and address of each person to whom each
such 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 games of chance
during such license period and the use to which such proceeds have
been or are to be applied; and a list of prizes offered and given
with the respective values thereof. 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 such statement.
(2)
Upon the filing of such statement of receipts, the authorized
organization furnishing the same shall pay to the Town Clerk as and
for an additional license fee a sum based upon the reported net proceeds,
if any, for the license period covered by such statement and determined
in accordance with such schedule as shall be established from time
to time by the New York State Racing and Wagering Board to defray
the actual cost to the Town of Orangetown for administering the provisions
of this ordinance, but such additional fee shall not exceed 5% of
the net proceeds for such occasion.
G.
Examination of books and records; examination of officers
and employees; disclosure of information.
(1)
The Town Clerk, the Chief of Police of the Town of Orangetown
and the New York State Racing and Wagering Board shall have 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 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 such game under any such license, the use of its premises for
games of chance or the disposition of net proceeds derived from games
of chance, as the case may be.
(b)
Any authorized games of chance lessor so far as they
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 such leasing.
(2)
Any information so received shall not be disclosed, except
so far as may be necessary for the purpose of carrying out the provisions
of this ordinance.
H.
Appeals from the decision of the Town Clerk to the New
York State Racing and Wagering Board. Any applicant for, or holder
of, any license issued or to be issued under this ordinance aggrieved
by any action of the Town Clerk to whom such application has been
made or by whom such license has been issued may appeal to the New
York State Racing and Wagering Board from the determination of said
Town Clerk by filing with such Town Clerk written notice of appeal
within 30 days after the determination or action appealed from, and
upon the hearing of such appeal, the evidence, if any, taken before
such Town Clerk and any additional evidence may be produced and shall
be considered in arriving at a determination of the matters in issue,
and the action of the New York State Racing and Wagering Board upon
said appeal shall be binding upon the Town Clerk and all parties to
said appeal.
I.
Exemption from prosecution. 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 lawfully issued pursuant
to this ordinance 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 ordinance, but 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 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.
In the application for license or conduct of games, any person,
association, corporation or organization who or which shall:
A.
Make any material false statement in any application for
any license authorized to be issued under this ordinance;
B.
Pay or receive for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for in § 4-10A(1)(c) of this ordinance;
C.
Fail to keep such books and records as shall fully and
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;
D.
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
E.
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 ordinance shall
forfeit any license heretofore issued under this ordinance, where
applicable, and shall be ineligible to apply for a license under this
ordinance for at least one year thereafter, and, in addition, shall
be guilty of a misdemeanor and subject to a fine of up to $1,000 and/or
imprisonment of up to one year, or both.
Any person, association or corporation holding, operating or
conducting a game or games of chance is guilty of a Class A misdemeanor,
except when operating, holding or conducting:
A.
In accordance with a valid license issued pursuant to this
ordinance; or
B.
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 members where:
(1)
The organization has applied for and received an identification
number from the New York State Racing and Wagering Board.
(2)
No player or person furnishes anything of value for the
opportunity to participate.
(3)
The prizes awarded or to be awarded are nominal.
(4)
No person other than a bona fide active member of the
organization participates in the conduct of the games.
(5)
No person is paid for conducting or assisting in the conduct
of the game or games.
The provisions of this ordinance shall remain inoperative in
the Town of Orangetown unless and until a proposition therefor submitted
at a general election in the Town of Orangetown shall be approved
by a vote of the majority of the qualified electors in such municipality
voting thereon. Upon approval by said electors, this ordinance shall
be effective on the first day of January next succeeding said election.
This ordinance may be amended from time to time or repealed
by the Town Board of the Town of Orangetown by a two-thirds vote of
such Town Board, and such amendment or repeal, as the case may be,
may be made effective and operative not earlier than 30 days following
the date of enactment of the ordinance effecting such amendment or
repeal, as the case may be; and the approval of a majority of the
electors of the Town of Orangetown shall not be a condition prerequisite
to the taking effect of such ordinance.
If any provision of this ordinance or the application thereof
to the Town of Orangetown to any person or any such particular circumstances
shall be adjudged unconstitutional by any court of competent jurisdiction,
the remainder of this ordinance or the application thereof to the
Town of Orangetown or such other persons and circumstances shall not
be affected thereby.
