[HISTORY: Adopted by the Town Board of the Town of Montour
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-6-1999 by L.L.
No. 1-1999]
This article is adopted pursuant to the authority of Article
9-A of the General Municipal Law of the State of New York, and shall
be known as "Town of Montour Local Law No. 1 of the year 1999, Local
Law to Provide For and Regulate Conduct of Games of Chance by Authorized
Organizations Within the Town of Montour."
A.
The words and terms used in this article shall have the same meanings
as such words and terms used in Article 9-A of the General Municipal
Law, unless otherwise provided herein, or unless the context requires
a different meaning.
B.
THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY OF SCHUYLER
TOWN
As used in this article, the following terms shall have the meanings
indicated:
The Schuyler County Sheriff.
The Town of Montour.
Pursuant to and in accordance with the provisions of General
Municipal Law of the State of New York Article 9-A and other applicable
provisions of the 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 and this article, together with such other rules
and regulations as may apply, including, but not limited to, the rules
and regulations of the New York State Racing and Wagering Board, to
conduct games of chance with the territorial limits of the Town of
Montour subject to the provisions of this article, and provisions
of Article 9-A of the General Municipal Law, and the rules and regulations
set forth by the New York State Racing and Wagering Board as the local
law, state law, and rules and regulations may be amended from time
to time.
The conduct of games of chance shall be subject to the restrictions
imposed by Article 9-A of the General Municipal Law, including, but
not limited to, those restrictions imposed by § 189 of such
law, the restrictions imposed by local law, and the restrictions imposed
by rules and regulations of New York State Racing and Wagering Board
as well as any other applicable statutory, regulatory, and/or case
law.
Games of chance may be commenced under any license issued pursuant
to this article on Sunday only between the hours of 12:00 noon and
12:00 midnight except that the application for a license may request
approval to conduct such games of chance beyond 12:00 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.
The Town Clerk of the Town of Montour shall be responsible for
the issuance of a license to conduct games of chance and shall collect
and disburse such fees as shall be set by law, including, but not
limited to, Article 9-A of the New York State General Municipal Law,
the local law and Town regulations, and the rules and regulations
of the New York State Racing and Wagering Board.
Any person, association, corporation or organization who or
which shall make any false statement on any application for any license
authorized to be issued for the conduct of games of chance in the
Town of Montour and/or in a statement annexed thereto and/or who or
which shall violate any of the provisions and restrictions contained
in Article 9-A of the General Municipal Law, the local law, and/or
the rules and regulations of the New York State Racing and Wagering
Board shall be guilty of a misdemeanor and shall be liable for such
punishment as is provided by law and shall forfeit any license issued
to it under this article authorizing the conduct of games of chance
in the Town of Montour and shall be ineligible to apply for another
license for at least one year thereafter.
Pursuant to Article 9-A of the General Municipal Law, the chief
law officer, namely, the Schuyler County Sheriff, shall exercise control
over, and supervision of, all games of chance conducted under appropriately
issued license. Such officer and his or her duly authorized representative
shall have all those powers and duties set forth in Article 9-A of
the General Municipal Law, the local law, and the rules and regulations
of the New York State Racing and Wagering Board.
This article shall become effective:
A.
On approval of the majority of the qualified voters of the Town of
Montour, voting on a proposition therefor, duly submitted at a general
or special election held within the Town of Montour as provided by
the Municipal Home Rule Law;[1] and
[1]
Editor's Note: This local law passed at a mandatory referendum
held at the general election 11-2-1999.
B.
Upon filing of a certified copy of this article thereafter with the
office of the Secretary of State and with the New York State Racing
and Wagering Board.
[Adopted 7-6-1999 by L.L.
No. 2-1999]
This article is adopted pursuant to the authority of Article
14-H of the General Municipal Law of the State of New York and shall
be known as "Town of Montour Local Law No. 2 of the year 1999, Local
Law to Provide for and Regulate Conduct of Games of Bingo by Authorized
Organizations within the Town of Montour.
The words and terms used in this article shall have the same
meanings as such words and terms used in Article 19-B of the Executive
Law and Article 14-H of the General Municipal Law, unless otherwise
provided herein, or unless the context requires a different meaning.
Pursuant to and in accordance with the provisions of Article
14-H of the General Municipal Law of the State of New York, and other
applicable provisions of the law, it shall be lawful for any authorized
organization, upon obtaining a license therefor as provided in Article
14-H of the General Municipal Law and this article, together with
such other rules and regulations as may apply, including, but not
limited to, the rules and regulations of the New York State Racing
and Wagering Board, to conduct games of bingo within the territorial
limits of the Town of Montour subject to the provisions of this article,
and provisions of Article 14-H of the General Municipal Law, and the
rules and regulations set forth by the New York State Racing and Wagering
Board, as the local law, state law, and rules and regulations may
be amended from time to time.
The conduct of games of bingo shall be subject to the restrictions
imposed by Article 14-H of the General Municipal Law, including, but
not limited to, those restrictions imposed by § 479 of such
law, the restrictions imposed by local law, and the restrictions imposed
by rules and regulations of New York State Racing and Wagering Board
as well as any other applicable statutory, regulatory, and/or case
law.
No game or games of bingo, except limited period bingo, shall
be conducted under any license issued pursuant to this article more
often than on 18 days in any three successive calendar months. No
game or games of limited period bingo shall be conducted between the
hours of 12:00 midnight and 12:00 noon, and no more than 60 games
may be conducted on any single occasion of limited period bingo.
No game or games of bingo shall be conducted in any room or
outdoor area where alcoholic beverages are sold, served or consumed
during the progress of the game or games.
The Town Clerk of the Town of Montour shall be responsible for
receiving the filing of applications for the conduct of games of bingo,
and the Town Board of the Town of Montour shall be responsible for
investigating and issuing of licenses for the conduct of games of
bingo, and collecting and disbursing the fees therefor, as set by
law, including, but not limited to, Article 14-H of the New York State
General Municipal Law, this article and Town regulations, and the
rules and regulations of the New York State Racing and Wagering Board.
Any person, association or corporation who or which shall: make
any false statement in any application for any license authorized
to be issued pursuant to this article; pay or receive, for the use
of any premises for conducting bingo, a rental in excess of the amount
specified as the permissible rent in the license pursuant to law;
fail to keep such books and records as shall fully and truly record
all transactions connected with the conducting of bingo or the leasing
of premises to be used for the conduct of bingo; falsify or make any
false entry in any books or records so far as they relate in any manner
to the conduct of bingo, to the disposition of the proceeds thereof
and to the application of the rents received by any authorized organization;
divert or pay any portion of the net proceeds of any game of bingo
to any person, association or corporation, except in the furtherance
of one or more of the lawful purposes pursuant to law; violate any
of the provisions of Article 14-H of the General Municipal Law or
of any term of any license issued pursuant to this article shall be
guilty of a misdemeanor and shall forfeit any license issued under
Article 14-H of the New York State General Municipal Law, this article
and Town regulations, and the rules and regulations of the New York
State Racing and Wagering Board, and be ineligible to apply for one
year thereafter.
This article shall become effective:
A.
On approval of the majority of the qualified voters of the Town of
Montour, voting on a proposition therefor, duly submitted at a general
or special election held within the Town of Montour as provided by
the Municipal Home Rule Law;[1] and
[1]
Editor's Note: This local law passed at a mandatory referendum
held at the general election 11-2-1999.
B.
Upon filing of a certified copy of this article thereafter with the
office of the Secretary of State and with the New York State Racing
and Wagering Board.
