[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.]
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.
COUNTY
GAMES OF CHANCE CURRENCY
LICENSED PERIOD
OFFICER
STATE BOARD
TOWN BOARD
TOWN CLERK
As used in this chapter, the following terms shall have
the meanings indicated:
The County of Oneida.
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.
A period of time not to exceed 14 consecutive hours.
The chief law enforcement officer of the Town of New Hartford.
[Amended 8-3-1988 by L.L.
No. 9-1988]
The New York State Racing and Wagering Board.
The Board of the Town of New Hartford, New York.
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.
