City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon 7-9-1958, approved 7-10-1958. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 84.
Dance and dance halls — See Ch. 113.
As used in this chapter, unless the context requires otherwise, the following terms shall have the meanings indicated:
AUTHORIZED ORGANIZATION
Includes only bona fide religious, charitable and nonprofit organizations of veterans, volunteer firemen and similar nonprofit organizations.
BINGO or GAME
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.
CONTROL COMMISSION
The State Lottery Control Commission.
LICENSE
A license issued pursuant to the provisions of this chapter.
[Amended 4-24-1963, approved 4-25-1963]
It shall be lawful for any authorized organization, upon obtaining a license therefor, as hereinafter provided, to conduct the game of bingo within the territorial limits of the City of Mount Vernon, New York, subject to the provisions of this chapter, the provisions of Article 14-H (§§ 475-499) of the General Municipal Law and the provisions of the State Lottery Control Law.
[Amended 4-24-1963, approved 4-25-1963]
Any game or games licensed hereunder shall be subject to the following restrictions in addition to such other restrictions as may be provided herein or contained in the rules and regulations of the Control Commission:
A. 
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 such game or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.
B. 
No bingo games shall be held, operated or conducted on or within any leased premises if rental under the 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.
C. 
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.
D. 
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.
E. 
No prize shall exceed the sum or value of $250 in any single game of bingo.
F. 
No series of prizes on any one bingo occasion shall aggregate more than $1,000.
G. 
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
H. 
No person shall receive any remuneration for participating in the management or operation of any game of bingo.
I. 
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.
A. 
Each applicant for a license shall file with the Commissioner of Licenses of the City of Mount Vernon a written application in the form prescribed in the rules and regulations of the Control Commission, duly executed and verified.
B. 
Each application shall include the following:
(1) 
The name and address of the applicant, together with sufficient facts relating to its incorporation and organization to enable the governing body of the municipality to determine whether or not it is a bona fide authorized organization.
(2) 
The names and addresses of its officers.
(3) 
The specific kinds of games of chance intended to be held, operated or conducted by the applicant and 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.
(4) 
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.
(5) 
The specific purposes to which the entire net proceeds of such games of chance are to be devoted and in what manner.
(6) 
That no commission, salary, compensation, reward or recompense will be paid to any person for holding, operating or conducting such game or games of chance or for assisting therein except as in this chapter otherwise provided.
(7) 
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, and 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.
(8) 
Such other information as shall be prescribed by the rules and regulations of the Control Commission.
C. 
In each application there shall be designated an active member or members of the applicant organization under whom the game or games of chance described in the application are to be held, operated and conducted, and there shall be appended to the application a statement executed and verified by the applicant and by the member or members so designated that he, she or they will be responsible for the holding, operation and conduct of such games of chance in accordance with the terms of the license and the provisions of this chapter, Chapter 854 of the Laws of 1957, as amended, and the rules and regulations of the Control Commission, if such license is granted.
D. 
In the event that any premises upon which any such game of chance is to be held, operated or conducted or which is to be used for any other purpose in connection with the holding, operation or conduct thereof is to be leased or rented from any person, persons or corporations, the application shall be accompanied by a written statement signed and verified under oath by such person or persons or on behalf of such corporation, stating his or its address and the amount of rent to be paid for such premises, and stating that such lessor, lessors or, if a corporation, 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 a crime.
A. 
The Commissioner of Licenses of the City of Mount Vernon shall cause to be investigated the qualifications of each applicant and the merits of each application with due expedition after the filing of the application. The Commissioner of Licenses shall deliver to the Chief Inspector of Police the application, together with the supporting documents therefor and a detailed report of the results of his investigation, including the due qualifications of the applicant to be licensed, the relationship of the members under whom such games are to be conducted to the applicant, whether such persons are of good moral character or have ever been convicted of a crime, whether the conduct of such games will comply with all the provisions of law and rules and regulations applicable thereto, whether a commission, salary, compensation, reward or recompense of any nature will be paid to any person conducting or assisting in conducting such games of chance, whether a prize will be offered or given in excess of the sum or value of $250 in any single game or an aggregate of all prizes given in a series of games on a given occasion will exceed the sum or value of $1,000 and such other questions or inquiries as the Chief Inspector of Police may direct.
B. 
If the Chief Inspector of Police shall determine that the requisite conditions have been met by the applicant, he shall so inform the Commissioner of Licenses, who shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of chance applied for upon payment of a license fee or fees of $10 for each occasion upon which any games of chance are to be conducted under such license, which fees are to be paid to the Comptroller of the City of Mount Vernon. Said license shall be countersigned by the Chief Inspector of Police.
C. 
On or before the 30th day of each month, the Comptroller of the City of Mount Vernon shall transmit to the State Comptroller a sum equal to 50% of all license fees collected by the City of Mount Vernon pursuant to this chapter during the preceding calendar month.
D. 
No license for the holding, operation or conduct of any game or games of chance shall be issued under this chapter which shall be effective for a period of more than one year.
E. 
Notwithstanding anything to the contrary herein contained, the Commissioner of Licenses shall not issue a license to any applicant where there is found to be a violation of any state law or City ordinance respecting premises where it is intended that such games of chance are to be held, operated or conducted by said applicant.
[Added 12-10-1958, approved 12-11-1958]
A. 
No application for the issuance of a license shall be denied by the Commissioner of Licenses 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.
B. 
Any license issued under this chapter may be amended upon application made to the Commissioner of Licenses where 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.
The Commissioner of Licenses of the City of Mount Vernon issuing any license under this chapter shall have and exercise control and supervision over all games of chance held, operated or conducted under such license, 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, and the said Commissioner of Licenses and the Control Commission shall have the power and the authority to suspend any license and to revoke the same, after notice and hearing, for violation of any provision of such license, this chapter, §§ 475 to 499 of the General Municipal Law, as amended, or the rules and regulations of the Control Commission, and shall have the right of entry by their respective officers and agents, at all times, into any premises where any such game of chance 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.
[Amended 2-9-1972, approved 2-10-1972]
Such games may be held on any day provided for in such license, to include the first day of the week, commonly known and designated as "Sunday," after 1:05 p.m.
No persons under the age of 18 years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant to any license issued under this chapter unless accompanied by an adult.
No game or games of chance shall be held, operated or conducted under any license issued under this chapter oftener than on six days in any one calendar month or in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game or games.
No person shall hold, operate or conduct any game or 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 the holding, operating or conducting of any game or games of chance under such 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 and except bookkeepers or accountants as hereinafter provided. No such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee, and no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any game of chance held, operated or conducted pursuant to any license issued under this chapter except such as are bona fide items of reasonable amount 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 rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance 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 as provided in § 95-4 of this chapter or which is in excess of the sum stated as the rental to be charged therefor in such statement; and 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 game of chance so 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.
Not more than $1 shall be charged by any licensee for admission to any room or place in which any game or games of chance are 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 greater in amount or value than $250 shall be offered or given in any single game conducted under any such license, and the aggregate amount or value of all prizes offered or given in all games played on a single occasion shall not exceed $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 beverages shall be offered or given as a prize in any such game.
No game of chance 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 one 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; provided, however, that said signs shall fully comply with the Building Code and Zoning Ordinances of the City of Mount Vernon, New York.[1]
[1]
Editor's Note: See Ch. 267, Zoning.
Within 15 days after the conclusion of the holding, operating and conducting of any such game of chance, the authorized organization which held, operated or conducted the same and its members who were in charge thereof shall furnish to the Commissioner of Licenses of the City of Mount Vernon a duly verified statement showing the amount of the gross receipts derived from each game of chance, 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, each item of expense incurred or paid and each item of expenditure made or to be made, the name and address of each person to whom each such item has been paid or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net profit derived from each such game of chance, the use to which such net profit has been or is to be applied and a list of prizes offered and given, with the respective values thereof, and it shall be the duty of such licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each such report.
The Commissioner of Licenses and the Control Commission shall have the power to examine or cause to be examined the books and records of any authorized organization to which any such license is issued so far as they may relate to any transactions connected with the holding, operating and conducting of any game of chance thereunder, and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any such game of chance under any such license, but any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this chapter.
Any applicant for or holder of any license issued or to be issued by the Commissioner of Licenses, aggrieved by any action of the Commissioner of Licenses to which such application has been made or by which such license has been issued, may appeal to the Control Commission from the determination of said Commissioner of Licenses by filing with the Commissioner of Licenses 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 Commissioner of Licenses 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 Commissioner of Licenses and all parties to said appeal.
No person or corporation 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 or it, of any game of chance 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 130 of the Penal Law[1] or any other law or ordinance to the extent that such conduct is specifically authorized by this City Council, but this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of any game of chance under any license obtained by any false pretense or statement made in any 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 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.
[1]
Editor's Note: See now Article 225 of the Penal Law and §§ 5-415, 5-417 and 5-423 of the General Obligations Law.
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto, or shall pay any rental for the use of any premises for holding, operating or conducting any game of chance 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 § 95-4 of this chapter, or shall 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 its behalf, or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of games of chance under any such license, or shall falsify or make any false entry in any book or record so far as it relates to any transaction connected with the holding, operating or conducting of any game of chance under any such license, or shall violate any of the provisions of this chapter or of any term of such license, shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter for one year thereafter.
This chapter may be amended from time to time or repealed by the City Council of the City of Mount Vernon and such amendment or repeal, as the case may be, made effective and operative not later than 30 days following the date of the ordinance effecting such amendment or repeal, as the case may be; and the approval of a majority of the electors shall not be a condition prerequisite to the taking effect of such chapter.
If any provision of this chapter or the application thereof to any municipality, person or circumstances shall be adjudged unconstitutional by any court of competent jurisdiction thereunder, the remainder of this chapter or the application thereof to such municipality, person or circumstances shall not be affected thereby, and the City Council hereby declares that it would have enacted this chapter without the invalid provision or application, as the case may be, had such invalidity been apparent.
The proposition that this chapter be adopted shall be submitted to the electors of the City of Mount Vernon at the general election to be held on the fourth day of November 1958. If the proposition shall be approved by a vote of the majority of the qualified electors voting thereon, this chapter shall be deemed adopted and shall become effective January 1, 1959, but if the proposition shall not be approved by a vote of the majority of the qualified electors voting thereon, no provision of this chapter shall become effective.[1]
[1]
Editor's Note: The proposition was approved by a majority of the qualified electors at the general election of 1958.
This chapter, including the following notice, shall be published by the City Clerk of the City of Mount Vernon, New York, in the Daily Argus, the official newspaper of the City of Mount Vernon, twice a week in each of three calendar weeks prior to November 4, 1958, the date of such general election:
OFFICIAL NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Mount Vernon, New York, DID on the 9th day of July 1958, adopt an ordinance which was thereafter approved by the Mayor of the City of Mount Vernon, New York, described in the following proposition and directed that, at the general election of the qualified voters of the City of Mount Vernon, to be held at the regular designated polling places of the City of Mount Vernon, New York, on the 4th day of November 1958, between the hours of 6:00 a.m. and 7:00 p.m. (Eastern Standard Time), the following proposition shall be voted upon:
"Shall the ordinance adopted by the City Council of the City of Mount Vernon, New York, on the 9th day of July 1958, and thereafter approved by the Mayor of the City of Mount Vernon, New York, entitled: AN ORDINANCE AUTHORIZING THE CONDUCT OF BINGO GAMES IN THE CITY OF MOUNT VERNON, NEW YORK, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 9, OF THE CONSTITUTION OF THE STATE OF NEW YORK, AND CHAPTER 854 OF THE LAWS OF 1957, AS AMENDED, be approved?"
The following is an abstract of said ordinance:
It shall be lawful for any authorized organization, upon obtaining a license therefor, to conduct the game of bingo within the territorial limits of the City of Mount Vernon, New York, subject to the provisions of this ordinance, the provisions of Article 14-H (§§ 475-499) of the General Municipal Law and the provisions of the State Lottery Control Law.
All persons having the qualifications of a voter as prescribed by the Election Law of the State of New York shall be qualified to vote at said election.
DATED: Mount Vernon, N.Y.
July 9, 1958
Walter Meyer (Signed)
CITY CLERK
This chapter shall be dated July 9, 1958, and shall take effect upon its approval by the Mayor of the City of Mount Vernon, New York.