[HISTORY: Adopted by the Town Board of the Town of Orchard Park as
Secs. 3-11 through 3-76 of the 1970 Code. Section 42-6 amended at time of
adoption of Code; see Ch.1, General Provisions, Art. I. Other amendments noted
where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 69.
This chapter shall be known and may be cited as the "Bingo Licensing
Law of the Town of Orchard Park."
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
Bona fide religious, charitable or nonprofit organizations of veterans,
volunteer firemen and similar nonprofit organizations.
A specific game of chance, commonly known as "bingo" or "lotto,"
in which prizes are awarded on the basis of designated numbers or symbols
on a card conforming to numbers or symbols selected at random.
The State Lottery Control Commission.
A license issued pursuant to the provisions of this chapter.
The entire Town of Orchard Park, New York.
The Town Board may delegate by resolution to an officer of the town,
which officer shall be designated by the Town Board, any of the authority
granted to the Town Board in relation to the issuance, amendment and cancellation
of bingo licenses, the conduct of investigations and hearings, the supervision
of the operation of the games and the collection and transmission of fees.
No person lawfully conducting or participating in the conduct of, or
possessing, selling or in any manner disposing of any shares, tickets or rights
to participate in, or permitting the conduct upon any premises owned by him
of, any bingo game conducted or to be conducted under any license lawfully
issued pursuant to this chapter, 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.
The immunity from prosecution granted in § 42-4 shall not extend to any person knowingly conducting or participating in the conduct of any bingo game under a license obtained by any false pretense or statement made in the application for such license or otherwise, or possessing, selling or disposing of shares, tickets or rights to participate in, or permitting the conduct upon any premises owned by him of, any bingo game conducted under any license known to him to have been obtained by any such false pretense or statement.
Any person who shall do any of the following shall be guilty of a violation
punishable by a maximum fine of $250 or imprisonment for not more than 15
days, or both:
A.
Make any false statement in any application for a bingo
license or in any statement annexed thereto.
B.
Pay any rental for the use of any premises for holding,
operating or conducting any bingo game under this chapter or for any other
purpose in connection with the holding, operating or conducting thereof, unless
the amount of such rental is stated in a statement annexed to the application
for the license as provided in this chapter.
C.
Pay or receive any sum for such rental in excess of the
sum stated as the rental to be charged therefor in such statement executed
by him or on his behalf.
D.
Fail to keep such books and records as shall fully and
truly record all transactions connected with the holding, operating and conducting
of bingo games under any such license.
E.
Falsify or make any false entry in any book or record
so far as the same relates to any transaction connected with the holding,
operating or conducting of any bingo game under any such license.
F.
Violate any of the provisions of this chapter or of any
term of the license issued hereunder.
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 a bingo game or shall lease or otherwise make available for
conducting bingo a hall or other premises for any consideration whatsoever,
directly or indirectly.
Each applicant for a license issued under the provisions of this chapter
shall file with the Town Clerk a written application therefor in the form
prescribed in the rules and regulations of the Control Commission, duly executed
and verified and showing the following information:
A.
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to enable
the Town Board to determine whether or not it is a bona fide authorized organization.
B.
The names and addresses of the officers of the organization.
C.
The specific kinds of games of chance intended to be
held, operated and conducted by the applicant; the place or places where,
the date or dates and the time or times when such games of chance are intended
to be held, operated and conducted by the applicant under the license applied
for.
D.
The 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 purposes
for which they are to be paid.
E.
The specific purposes to which the entire net proceeds
of such games of chance are to be devoted and in what manner.
F.
That no commission, salary, compensation, reward or recompense
will be paid to any person for holding, operating or conducting such games
of chance or for assisting therein except as otherwise provided in this chapter.
G.
That no prize or aggregate of prizes will be offered
or given under such license of a value in excess of the sum or value authorized
to be offered or given by this chapter.
H.
A description of all prizes to be offered and given in
all such games of chance to be held, operated and conducted under such license.
I.
Such other information as shall be prescribed by the
rules and regulations of the Control Commission.
In each application for a bingo license, there shall be designated an
active member of the applicant organization under whom the bingo game is to
be held, operated and conducted. Appended to the application shall be a statement
executed by the applicant and by the member so designated that he will be
responsible for the holding, operation and conduct of such bingo game in accordance
with the terms of the license and the provisions of the rules and regulations
governing the holding, operation and conduct of such game and of this chapter
if such license is granted.
In the event that any premises upon which a bingo game is to be held,
operated or conducted or which is to be used for any other purpose in connection
with the holding, operating or conducting thereof is to be leased from any
person or corporation, a written statement shall accompany the license application,
signed and verified under oath by such person or executed and verified under
oath on behalf of such corporation, showing the following information:
A.
The name and address of the lessor.
B.
The amount of rent which will be paid for such premises.
C.
That such lessor, or if a corporation, that all of its
officers and each of its stockholders who hold 10% or more of its stock issued
and outstanding, are of good moral character and have not been convicted of
crime.
The Town Board shall make an investigation of the qualifications of
each applicant and the merits of each application for a bingo license, with
due expedition after the filing of the license application.
No application for the issuance of a bingo license shall be denied by
the Town Board until after a hearing, held on due notice to the applicant,
at which the applicant shall be entitled to be heard upon the qualifications
of the applicant and the merits of the application.
If, after investigation as provided in § 42-11, the Town Board shall determine that the applicant for a bingo license is duly qualified under the provisions of this chapter to hold, operate and conduct such bingo game under the provisions of this chapter and the rules and regulations governing the holding, operation and conduct of such bingo game in the town; that the member or members of the applicant designated in the application to hold, operate or conduct the bingo game are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime; that such bingo game is to be held, operated and conducted in accordance with the provisions of this chapter and in accordance with the rules and regulations governing the holding, operation and conduct thereof; and that the proceeds of such game are to be disposed of as provided by this chapter; and if the Town Board 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 bingo game, except as otherwise provided in this chapter; and that no prize will be offered and given in excess of the sum or value of $250 in any single bingo game; and that the aggregate of all prizes offered and given in all of such bingo games held, operated and conducted on a single occasion under said license shall not exceed the sum or value of $1,000, the Town Board shall issue a license to the applicant for the holding, operation and conduct of a bingo game accordingly, upon payment of a license fee of $12.50 for each occasion upon which any bingo game is to be conducted under such license.
On or before the 30th day of each month, the Town Supervisor shall transmit
to the State Comptroller a sum equal to 50% of all commercial lessor license
fees and the sum of $7.50 per occasion of all license fees for the conduct
of bingo collected by the town during the preceding calendar month.
Each license issued under the provisions of this chapter shall be in
such form as shall be prescribed in the rules and regulations promulgated
by the Control Commission and shall contain the following information:
A.
A description of the kind of games of chance authorized
to be held, operated and conducted thereunder.
B.
A statement of the name and address of the licensee.
C.
A statement of the names and addresses of the members
of the licensee under whom such games of chance will be held, operated and
conducted.
D.
A statement of the number of times or the hours during
which such games of chance are authorized to be conducted and the place where
and the date and time when such games of chance are to be conducted.
E.
A statement of the specific purposes to which the entire
net proceeds of such games of chance are to be devoted.
F.
If any prize is to be offered and given in cash, a statement
of the amount of the prize authorized so to be offered and given.
G.
Any other information which may be required by the rules
and regulations of the Control Commission to be contained therein.
Any license issued under this chapter may be amended, upon application
made to the Town Board, 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 issued for the conduct of any bingo game shall be conspicuously
displayed at the place where the same is to be conducted at all times during
the conduct thereof.
No license for the holding, operation and conduct of any bingo game
shall be issued under this chapter which shall be effective for a period of
more than one year.
The Town Board and the Control Commission shall have the power and authority
to suspend any bingo license issued by such Board and to revoke the same,
after notice and hearing, for violation of any provision of this chapter or
the license issued hereunder.
Any applicant for or holder of any license issued or to be issued under
this chapter aggrieved by any action of the Town Board to which application
for a license has been made or by which such license has been issued, may
appeal to the Control Commission from the determination of said Town Board
by filing with the Town Board a 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 Board 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 Control Commission upon said appeal
shall be binding upon said Town Board and all parties to said appeal.
The Town Board does hereby determine that it shall be lawful for any
authorized organization, upon obtaining a license therefor as hereinbefore
provided, to conduct the game of bingo within the territorial limits of the
town, subject to the provisions of this chapter, the provisions of Article
14-H of the General Municipal Law of the State of New York and the provisions
of the State Lottery Control Commission Law.
The Town Board shall have and exercise control and supervision over
all bingo games held, operated or conducted under a license issued pursuant
to this chapter to the end that the same are fairly held, operated and conducted
in accordance with the provisions of such license, the rules and regulations
promulgated by the Control Commission and the provisions of this chapter governing
the holding, operation and conduct of the same.
The Town Board and the Control Commission shall have the right of entry
by their respective officers and agents at all times into any premises where
any bingo game is being held, operated and conducted or where it is intended
that any such game of chance shall be held, operated and 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.
No bingo game shall be conducted under any license issued under this
chapter on the first day of the week, commonly known and designated as "Sunday,"
unless it shall be otherwise provided in the license issued for the holding,
operating and conducting thereof. The town does hereby permit the operation
and conduct of bingo games under this chapter on Sunday after 3:00 p.m.
No person under the age of 18 years shall be permitted to participate
in any bingo game held, operated and conducted pursuant to any license issued
under this chapter unless accompanied by an adult.
No bingo game shall be held, operated or conducted in any room or outdoor
area where alcoholic beverages are sold or served during the progress of such
game.
No bingo game shall be held, operated or conducted under any license
issued under this chapter more often than on six days in any one calendar
month.
No bingo game to be conducted under any license issued under this chapter
shall be advertised as to its location, the time when it is to be or has been
played or the prizes awarded or to be awarded, 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 a sign not
exceeding 60 square feet in area may be displayed on or adjacent to the premises
where the game will be played and an additional sign may be displayed on or
adjacent to the premises where the prize or prizes are displayed and 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 equipment
belonging to any licensee which is 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.
No item of expense shall be incurred or paid in connection with the
holding, operating or conducting of any bingo game held, operated or conducted
pursuant to any license issued under this chapter except such as are bona
fide items of reasonable amounts for goods, wares and merchandise furnished
or services rendered which are reasonably necessary to be purchased or furnished
for the holding, operating or conducting thereof under any circumstances whatever.
No person except a bona fide member of an authorized organization, as defined by § 42-2, shall participate in the management or operation of a bingo game.
No person shall hold, operate or conduct any bingo game 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 the holding,
operating or conducting of any such game under such license except such an
active 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, and except bookkeepers or accountants as hereinafter provided.
A.
No person shall receive any remuneration for participating
in the management or operation of any game of bingo.
B.
No commission, salary, compensation, reward or recompense
whatever shall be paid or given, directly or indirectly, to any person holding,
operating or conducting, or assisting in the holding, operation or conduct
of, any bingo game held, operated or conducted, except that reasonable compensation
may be paid to bookkeepers or accountants for bookkeeping or accounting services
rendered according to a schedule of compensation prescribed by the rules of
the Control Commission.
No rental shall be paid for the use of any premises for holding, operating or conducting any bingo game thereon or for any other purpose in connection with the holding, operating or conducting thereof unless the amount of such rental is stated in a statement annexed to the application for the license provided for in § 42-8 or which is in excess of the sum stated as the rental to be charged therefor in such statement.
No bingo game 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.
No bingo game shall be conducted with any equipment except such as shall
be owned absolutely or used without payment of any compensation therefor by
the licensee.
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.
Not more than $1 shall be charged by any licensee for admission to any
room or place in which any bingo game is to be held, operated and conducted
under any license issued under this chapter, which admission fee, upon payment
thereof, shall entitle the person paying the same to a card entitling him
to participate without additional charge in all regular games of chance to
be played under such license on such occasion, and no charge in excess of
$1 shall be made for a single opportunity to participate in all special games
to be played under such license on such occasion.
No prize shall exceed the sum or value of $250 in any single game of
bingo.
No series of prizes on any one bingo occasion shall aggregate more than
$1,000.
All winners shall be determined and all prizes shall be awarded in any
game played on any occasion 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 such game.
The entire net proceeds of any game of bingo and of any rental shall
be exclusively devoted to the lawful purposes of the organization permitted
to conduct the same.
A.
Required. Within 15 days after the conclusion of the
holding, operating and conducting of any bingo game, the authorized organization
which held, operated or conducted the same and its members who were in charge
thereof shall furnish to the Town Clerk a duly verified statement showing
the following information:
(1)
The amount of the gross receipts derived from each bingo
game, which shall include receipts from the sale of shares, tickets or rights
in any manner connected with participation in said game or the right to participate
therein.
(2)
Each item of expense incurred or paid and each item of
expenditure made or to be made.
(3)
The name and address of each person to whom each such
item of expense or expenditure has been paid or is to be paid, with a detailed
description of the merchandise purchased or the services rendered therefor.
(4)
The net profit derived from each bingo game and the use
to which such net profit has been or is to be applied.
(5)
A list of prizes offered and given, with the respective
values thereof.
B.
Duty of licensee. 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 report required by this section.
The Town Board and the Control Commission shall have power to examine
or cause to be examined the books and records of any authorized organization
to which a bingo license is issued so far as such books and records may relate
to any transactions connected with the holding, operating and conducting of
any bingo game thereunder.
The Town Board and the Control Commission shall have the power to examine,
under oath, any manager, officer, director, agent, member or employee of any
authorized organization to which a bingo license has been issued in relation
to the conduct of any such game of chance under any such license.
The unauthorized conduct of a bingo game and any willful violation of
any provision of this chapter shall constitute and be punishable as a misdemeanor.
