[HISTORY: Adopted by the Town Board of the Town of Rosendale 4-22-1958. Amendments noted where applicable.]
Games of chance — See Ch. 41.
As used in this chapter, unless the context requires otherwise, the following terms shall have the following meanings:
- AUTHORIZED ORGANIZATION
- Includes only bona fide religious, charitable or nonprofit organizations of veterans, volunteer firemen and similar nonprofit organizations.
- BINGO or GAME
- Includes 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.
- A license issued pursuant to the provisions of this chapter.
[Amended 8-14-2002 by L.L. No. 2-2002]
It shall be lawful for any organization, upon obtaining a license therefor as hereinafter provided, to conduct the game of bingo within the territorial limits of the Town of Rosendale, subject to the provisions of this chapter, the provisions of Article 14-4 of the General Municipal Law, Article 19-B of the Executive Law and Article I, § 9, of the Constitution of the State of New York as amended by Chapter 854 of the Laws of 1957.
Editor's Note: Said chapter was further amended and approved by the electorate November 8, 1966, to become effective January 1, 1967.
Each applicant shall file with the Town Clerk of the Town of Rosendale a written application, in the form prescribed in the rules and regulations of the Control Commission, duly executed and verified.
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 and the rules and regulations of the Control Commission, if such license is granted.
[Amended 8-14-2002 by L.L. No. 2-2002]
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, the amount of rent to be paid for such premises and that such lessor or lessors or, if a corporation, all of its officers and each of its stockholders who hold more than 10% or more of its stock issued and outstanding are of good moral character and have not been convicted of a crime.
Any game or games licensed hereunder shall be subjected 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:
No person, firm, association, corporation or organization, other than an authorized organization licensed under the provisions of this chapter, shall be permitted to conduct such games.
The entire net proceeds of any game or games shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
No single prize shall exceed the sum or value of $250.
No series of prizes on any one occasion shall aggregate more than $1,000.
No person except a bona fide member of any such organization shall participate in the management or operation of such game.
No person shall receive any remunerations for participating in the management or operation of any such game.
The unauthorized conduct of a bingo game and any willful violation of any provisions of this chapter shall constitute and be punishable as a misdemeanor, and in addition, any licensee violating any of the provisions herein shall forfeit any license issued hereunder and be ineligible to apply for a license under this chapter for one year thereafter.
Such games may be held on any day provided for in such license.
No person 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.
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. 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; and all winners shall be determined and all prizes shall be awarded in any game 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.
No games shall be conducted on Sunday, unless otherwise provided in the license pursuant to a local law or ordinance.
The Town Clerk of the Town of Rosendale 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 and shall deliver to the Town Board the application, together with the supporting documents therefor, and a detailed report of the results of his or her investigation, including the due qualifications of the applicant to be licensed and a statement that such applicant has otherwise complied with the provisions of law pertinent to said application.
If the Town Board shall determine that the requisite conditions have been met by the applicant, the Town Clerk 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 annually in advance to the Town Clerk. Said annual fee shall be computed by multiplying by 10 the number of games anticipated to be held by the applicant, and said fee will be adjusted on or before the first day of each and every calendar month in accordance with the number of games actually conducted during the previous month.
On or before the 30th day of each month, the Clerk of the Town of Rosendale shall transmit to the State Comptroller a sum equal to 50% of all license fees collected by the Town of Rosendale pursuant to this section during the preceding calendar month.
No license which shall be effective for a period of more than one year shall be issued under this chapter.
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the Control Commission.
The Town Board or any officer designated by it shall have and exercise control and supervision over all games of chance held, operated or conducted under such license, and shall have the power and authority to suspend any such license and, after notice and hearing, to revoke the same for violation of any provision of such license and/or any of the provisions of this chapter or the aforesaid provisions of law referred to in § 25-2 hereof, and shall have the right of entry at all times into any premises where any such game of chance is being held, operated or conducted or where it is intended that any such game of chance shall be held, operated or 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 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. 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 or communities served by such volunteer fire company or such first aid or rescue squad, as the case may be.
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 Town Clerk a duly verified statement showing the amount of the gross receipts derived from each game of chance, which list 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 and 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. 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 Town Board or any officer designated by it and the Control Commission shall have 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 thereunder and to examine any manager, officer, director, agent, member or employee thereof, under oath, in relation to the conduct of any such game 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.
This chapter may be amended, from time to time, or repealed by the Town Board; and such amendment or repeal, as the case may be, may be made effective and operative not earlier than 30 days following the date of such amendment or repeal; and the approval of a majority of the electors shall not be a condition prerequisite to the taking effect of the repeal of or amendment to said chapter.