Town of New Hartford, NY
Oneida County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Hartford 8-19-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 42.
Bingo — See Ch. 47.
The Town Board of the Town of New Hartford finds that the raising of funds for the promotion of bona fide charitable, educational, scientific, health, religious, patriotic and other worthy causes where the beneficiaries are undetermined is in the public interest and that the mandate of § 9 of Article I of the Constitution of the State of New York, as amended, should be carried out by rigid regulations to prevent commercialized gambling, to prevent participation by criminal and other undesirable elements and to prevent the diversion of funds from the purposes herein authorized.
This chapter is subject and subordinate to all the conditions and provisions contained in Article 9-A of the General Municipal Law and all 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. 
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 definitions set forth in Article 9-A of the General Municipal Law.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
COUNTY
The County of Oneida.
GAMES OF CHANCE CURRENCY
Scrip other than legal tender or chips of a type authorized by the rules and regulations of the New York State Racing and Wagering Board, and shall be the sole currency authorized for participation in games of chance. Money or other material redeemable other than for prizes to be awarded is prohibited from use for wagering, directly or indirectly, in connection with games of chance.
LICENSED PERIOD
A period of time not to exceed 14 consecutive hours.
OFFICER
The chief law enforcement officer of the Town of New Hartford.
[Amended 8-3-1988 by L.L. No. 9-1988]
STATE BOARD
The New York State Racing and Wagering Board.
TOWN BOARD
The Board of the Town of New Hartford, New York.
TOWN CLERK
The Town Clerk of the Town of New Hartford, New York.
C. 
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.
A. 
The Town Clerk is hereby delegated the authority granted to the Clerk by Article 9-A of the General Municipal Law and is hereby additionally delegated the responsibility of Treasurer to transmit fees to the Comptroller of the State of New York.
B. 
The powers and duties of the officer set forth in § 194, Subdivision 1, of the General Municipal Law shall be exercised by the officer. The officer is hereby delegated the authority granted to the officer by Article 9-A of the General Municipal Law.
No person, firm, association, corporation or organization other than an authorized organization or authorized games of chance lessor licensed under the provisions of this chapter shall be permitted to conduct games of chance within the territorial limits of the Town of New Hartford or to lease any hall for the purposes of conducting games of chance.
A. 
Each applicant for a license, after obtaining an identification number from the State Board, shall file with the Town Clerk a written application therefor, in a form to be prescribed by the State Board and 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 Town Clerk to determine whether or not it is a bona fide authorized organization.
(2) 
The names and addresses of its officers, 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 the 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) 
That no member of the applicant has ever been convicted of a crime or, if convicted, that he has received a pardon or a certificate of good conduct.
(7) 
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 Town Clerk a written application therefor, in a form to be prescribed by the State Board and duly executed and verified, which shall set forth:
(1) 
The name and address of the applicant.
(2) 
Designation and address of the premises intended to be covered by the license sought.
(3) 
A statement that the applicant conforms in all respects 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 § 71-5 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.
E. 
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.
F. 
No series of prizes on any one occasion of games of chance shall aggregate more than $1,000.
G. 
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.
H. 
No person shall receive any remuneration for participating in the management or operation of any game of chance.
I. 
The conduct of games of chance on Sunday is only permitted when it is specifically provided for in the license issued, and then only between the hours of 12:00 noon and 12:00 midnight. No games of chance, however, shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
J. 
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 provisions of all local laws and ordinances of the Town of New Hartford.
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. The officer is hereby designated to assist the Clerk in said investigation.
B. 
No less than seven days from the filing of the original application and upon having conducted an investigation of the qualifications of each applicant and the merits of each application or amendment of a license, the officer will record the findings and determination on a form duly designated by the Board. The officer will then file the report, in duplicate, with the Town Clerk.
C. 
If the Town 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 received a pardon or a certificate of good conduct; and that such games of chance are to be conducted in accordance with the provisions of this chapter and 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 Town 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 prize will be given in excess of the sum or value of $100 in any single game of chance and that the aggregate of all prizes given on one occasion under said license shall not exceed the sum or value of $1,000, then 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.
D. 
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 chapter and that the applicant has satisfied the requirements for an authorized games of chance lessor as defined in Article 9-A of the General Municipal Law, and if the Town 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 Town Clerk shall determine, but not to exceed one year, upon payment of a license fee of $50.
E. 
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 Town 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 Town 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 Town Clerk by filing with the 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 the Town 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 Town Clerk and all parties to said appeal.
C. 
Any license issued hereunder may be amended upon application to the 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 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 and shall contain a statement of the name and address of each member of the licensee under whom the games of chance shall be conducted, of the place where and the date and time when the games of chance are to be conducted and 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 prizes so authorized to be given and any other information which may be required by the rules and regulations of the State Board 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 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 Town Clerk pending a hearing. The officer and State Board shall have the right of entry at all times by their respective officers and agents 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 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 and its members who were in charge thereof and, when applicable, the authorized organization which rented it 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, each item or 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 chief fiscal officer of the Town of New Hartford as and for an additional fee a sum of 5% of the net proceeds, if any, for the licensed period covered by the statement or such lesser amount determined in accordance with the schedule as shall be established from time to time by the State Board to defray the actual cost to the Town of New Hartford of administering the provisions of this chapter.
[Amended 8-3-1988 by L.L. No. 9-1988]
C. 
Examination of records.
(1) 
The Town Clerk and the officer and the State Board shall have the power to examine or cause to be examined the books and records of the following:
(a) 
Any authorized organization which is and has been licensed to conduct games of chance as 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 as 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 shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and Thursday and between said hours on Sunday only if permitted by § 71-7I; 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 the 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 of which such licensee is an auxiliary 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 game of chance are bona fide members of such authorized organization or 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 officer.
F. 
No games of chance conducted or to be conducted in the Town of New Hartford shall be advertised as to their location, the time when they are to be or have been played, 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 the 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 rescue squad in and throughout the community or communities served by such volunteer fire company or such first aid or rescue squad.
G. 
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.
H. 
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 permissible rent in the license provided for herein for the use of any premises for conducting games of chance; shall 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 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 as 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 games 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.
I. 
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 in accordance with a valid license issued pursuant to this chapter or 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 State Board.
(2) 
No player or other 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 of chance.
(5) 
No person is paid for conducting or assisting in the conduct of games of chance.
J. 
No alcoholic beverage, with the exception of beer, shall be sold at any games of chance.
K. 
No alcoholic beverage shall be offered or given as a prize in any games of chance.
L. 
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
This chapter shall not take effect until a proposition therefor submitted at a general or special election in the Town of New Hartford shall be approved by the affirmative vote of a majority of the qualified electors in the Town of New Hartford voting upon said proposition.[1]
[1]
Editor's Note: At the election held 11-3-1981, the proposition was approved at referendum.