[HISTORY: Adopted by the Town Board of the Town of Urbana 8-28-1989 by L.L. No. 2-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 39.
[1]
Editor's Note: This local law was approved at referendum
11-7-1989.
This chapter shall be known and be cited as "Local Law No. 2
of the year 1989," and such legislation authorizes the conduct of
games of chance by certain organizations.
The Town Board hereby declares 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 undetermined, may be in the best public interest.
A.
The words and terms used in this chapter shall have the same meanings
as such words and terms as are defined in Article 9-A of the General
Municipal Law, as amended.
B.
AUTHORIZED ORGANIZATION
BELL JARS
GAMES OF CHANCE
In addition, the following terms shall be defined as follows:
An authorized organization as defined in Subdivision 4 of
§ 186 of the General Municipal Law. Note as follows:
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"4. 'Authorized organization' shall mean and include
any bona fide religious or charitable organization or bona fide education,
fraternal or service organization or bona fide organization of veterans
or volunteer fireman, which by its charter, certificate of incorporation,
constitution or act of the legislature shall have among its dominant
purposes one or more of the lawful purposes as defined in this article,
provided that each shall operate without profit to its members, and
provided that each such organization has engaged in serving one or
more of the lawful purposes as defined in this article for a period
of three years immediately prior to applying for a license under this
article.
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"No organization shall be deemed an 'authorized organization'
which is formed primarily for the purpose of conducting games of chance
and which does not devote at least 75% of its activities to other
than conducting games of chance. No political party shall be deemed
an 'authorized organization.'"
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Includes those games in which a participant shall draw a
card from a jar or other suitable container which contains numbers,
colors or symbols that are covered and which, when uncovered, may
reveal that a prize shall be awarded on the basis of a designated
winning number, color or symbol or combination of numbers, colors
or symbols.
Includes only the games known as "merchandise wheels" and
"bell jars" and such other games as may be authorized by the New York
State Racing and Wagering Board in which prizes are awarded on the
basis of a designated winning number or numbers, color or colors or
symbol or symbols determined by chance, but not including games commonly
known as "bingo" or "lotto," as controlled by Article 14-H of the
General Municipal Law, as amended, "slot machines," "bookmaking,"
"policy or numbers games" and "lottery" as defined in § 225.00
of the Penal Law.
Any authorized organization, in applying to the Town Clerk for
a license to conduct games of chance, shall file with such Clerk,
after obtaining an identification number from the Board, an application
form which has been approved by the New York State Racing and Wagering
Board, Bureau of Games of Chance Regulation, and as the same may be
changed by that Board from time to time. Any license thereupon issued
by the Town Clerk must conform to and meet the requirements of Article
9-A of the General Municipal Law and the rules and regulations of
said New York Racing and Wagering Board and of this chapter.
A.
The Town Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application, with due expedition
after filing of the applications.
B.
If such Clerk shall determine that the applicant is duly qualified
to be licensed to conduct games of chance; that the member or members
of the applicant designated in the application to manage games of
chance are bona fide active members of the applicant and are persons
of good moral character and have never been convicted of a crime or,
if convicted, have received a pardon, a certificate of good conduct
or a certificate of relief from disabilities; that such games are
to be conducted in accordance with the provisions of this chapter
and Article 9-A of the General Municipal Law, as amended, and in accordance
with the rules and regulations of the Board; and that the proceeds
thereof are to be disposed of as provided by this chapter; then, if
such Clerk is satisfied that no commission, salary, compensation,
reward or recompense whatever will be paid or given to any person
operating or assisting, except as otherwise provided by law, the 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.
C.
No license shall be issued which shall be effective for a period
of more than one year.
No application for the issuance of a license to conduct games
of chance or lease premises to an authorized organization shall be
denied by the Clerk until after a hearing, held on due notice to the
applicant, at which the applicant shall be entitled to be heard upon
the qualifications and the merits of the application.
Any license issued may be amended, upon the application made
to such Clerk which issued it, 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.
Each license to conduct games of chance shall be in such form
as provided in the rules and regulations promulgated by said New York
State Racing and Wagering Board, and the contents thereof shall conform
to the provisions as contained in Article 9-A of the General Municipal
Law, as amended, and shall be conspicuously displayed at the place
where the same is to be conducted at all times during the conduct
thereof.
A.
Pursuant to this chapter, games of chance may be conducted on any
day of the year except Christmas Day, New Year's Eve and Easter
Sunday.
B.
No game or games of chance shall be conducted under any license issued
under this chapter more often than 12 times in any calendar year.
No particular premises shall be used for the conduct of games of chance
on more than 24 licensed occasions during any one calendar year. Games
shall be conducted only between the hours of 12:00 noon and 12:00
midnight on Monday, Tuesday, Wednesday and Thursday; and only between
the hours of 12:00 noon on Friday and 2:00 a.m. Saturday; only between
the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday; and only
between the hours of 12:00 noon on Sunday and 12:00 midnight Sunday.
The 2:00 a.m. closing period shall also apply to a legal holiday.
The above restrictions shall not apply when only the games of chance
known as the "bell jar" are conducted.
A.
The conduct of games of chance shall be subject to the following
restrictions:
(1)
No person, firm, partnership, corporation or organization, other
than a licensee under the provisions of § 191 of the General
Municipal Law, shall conduct games or shall lease or otherwise make
available for conducting games of chance its premises for any consideration
whatsoever, direct or indirect.
(2)
The entire net proceeds of any game of chance shall be exclusively
devoted to the lawful purposes of the organization permitted to conduct
the same.
(3)
No single prize shall exceed the sum or value of $100; except that
for merchandise wheels and bell jars, no single prize shall exceed
the sum or value of $250. No single wager shall exceed $2.
(4)
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 successive operations of any one merchandise wheel or bell
jar.
(5)
In addition to merchandise wheels and bell jars, no more than five
other single types of games of chance shall be conducted during any
one licensed occasion.
(6)
No person, except a bona fide member of any such organization, shall
participate in the management or operation of any such game.
(7)
No person shall receive any remuneration for participating in the
management or operation of any such games.
(8)
The unauthorized conduct of games of chance and any willful violation
of any provision of this chapter shall constitute and be punishable
as a misdemeanor.
(9)
No games 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 percentage of the receipts or net profits
derived from the operation of such game.
(10)
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 a supplier licensed by the New York State Racing and Wagering
Board or from another authorized organization.
(11)
Except for merchandise wheels and bell jars, 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 prices on any one occasion shall aggregate more
than $250 when the licensed authorized organization conducts less
than five single types of games of chance, exclusive of merchandise
wheels and bell jars, during any one license period.
(12)
Except for the limitations on the sum or value for single prizes
and series of prizes, no limit shall be imposed on the sum or value
of prizes awarded to any one participant during any occasion or any
license period.
(13)
No authorized organization shall extend credit to a person to
participate in playing a game of chance.
(14)
No game of chance shall be conducted on other than the premises
of an authorized organization or an authorized games of chance lessor.
(15)
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 chapter. Persons under the age of 18 years may be permitted
to attend games of chance at the discretion of the games of chance
licensee. No person under the age of 18 years shall be permitted to
operate any game of chance conducted pursuant to any license issued
under this chapter or to assist therein.
B.
In addition to the foregoing restrictions, any other restrictions
contained in Article 9-A of the General Municipal Law, as amended,
not hereinbefore referred to, shall be applicable and are referred
to as if set forth at length herein.
The Town Board or any person(s) designated by the Town Board
as its chief law enforcement officer shall have and exercise rigid
control and close supervision over all games of chance conducted under
such license to ascertain that the games of chance conducted under
such license are fairly conducted in accordance with the provisions
of such license, the provisions of the rules and regulations promulgated
by the Board and the provisions of this chapter and Article 9-A of
the General Municipal Law, as amended. Such duly appointed enforcement
officer and the Town Board shall have the power and the authority
to temporarily suspend any license issued by the Clerk, pending a
hearing. After notice and hearing, the Clerk or the Town Board may
suspend or revoke the same and, additionally, impose a fine in an
amount not exceeding $1,000 for violation of any such provisions and
shall have the right of entry, by their respective officers and agents,
at all times into any premises where any games of chance are 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 Town
Board or any enforcement officer duly appointed by it may make an
on-site inspection during the conduct of all games of chance licensed
pursuant to this chapter.
A.
A fee may be charged by any licensee for admission to any game or
games of chance conducted under any license issued under this chapter.
A.
Within seven days after the conclusion of any license period, the
authorized organization which conducted the same and its members who
were in charge thereof shall 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.
B.
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 equal to 5% of the reported net proceeds, if any,
for the license period covered by such statement.
A.
A licensee may display signs pertaining to the use of property on
which such sign is situated. Such signs shall have an aggregate total
face area of not more than 30 square feet nor project more than 24
inches beyond the principal building to which it is attached; except
that, where such nonresidential uses are set back from property lines,
one sign pertaining thereto may be erected in the ground, provided
that such ground signs, if parallel to the lot frontage, shall not
exceed 15 square feet in total face area, shall not exceed five feet
in height and shall be no nearer than 10 feet to any property line.
If such freestanding signs face at substantially right angles to the
lot frontage or display in more than one direction, they shall have
a face area of not more than eight square feet per side with no more
than two sides and shall not exceed five feet in height and shall
be no nearer than 10 feet to any property line.
B.
Additional signs may be displayed upon any fire-fighting equipment
or upon any equipment of a first aid or rescue squad in and throughout
the community served by such volunteer fire company or such first
aid or rescue squad, as the case may be. All advertisements shall
be limited to the description of such event as "games of chance" or
"Las Vegas night", the name of the authorized organization conducting
such games, the license number of the authorized organization as assigned
by the Clerk and the date, location and time of the event.
Subject to the applicable provisions of the Alcoholic Beverage
Control Law, beer may be offered for sale during the conduct of games
of chance on games of chance premises as such premises are defined
in Subdivision 19 of § 186 of the General Municipal Law;
provided, however, that nothing herein shall be construed to limit
the offering for sale of any other alcoholic beverage in areas other
than the games of chance premises or the sale of any other alcoholic
beverage on premises where only the game of chance known as the "bell
jar" is conducted.
The Town Board of the Town of Urbana may, pursuant to § 188-a
of the General Municipal Law, as amended, delegate to an officer or
officers of such Town designated by the Town Board for such purpose
any of the authority granted to such governing body by said Article
9-A of the General Municipal Law, as amended, 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 the
collection and transmission of the fees.
The making of any false statement in any application for a license
or in any statement annexed thereto or any other violation of the
provisions of said Article 9-A of the General Municipal Law, as amended,
or any violation of the terms of such a license shall constitute a
misdemeanor and shall subject the offender to forefeiture of licenses
and shall render the offender ineligible to apply for a license for
one year thereafter, all pursuant to the provisions of § 195-j
of the General Municipal Law, as amended.
No person shall operate any game of chance and no game of chance
shall be conducted with any equipment except as authorized by § 195-c
of the General Municipal Law.
The Town Board of the Town of Urbana, Steuben County, New York,
or any person(s) designated by it as its chief law enforcement officer
shall be required to exercise control over all games of chance conducted
under duly authorized licenses. They shall have all those powers and
duties set forth in and for the enforcement of Article 9-A of the
General Municipal Law.
This chapter shall be applicable to all territory within the
limits of the Town of Urbana, Steuben County, New York, which is situate
outside the Village of Hammondsport, Steuben County, New York.
