[HISTORY: Adopted by the Town Board of the Town of Concord 4-28-1958.
Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 80.
From and after the effective date of this chapter, it shall be unlawful
for any person within the territorial limits of the Town of Concord to conduct
the game of bingo, except pursuant to the provisions of this chapter.
As used in this chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
Includes only bona fide religious, charitable or nonprofit organizations
of veterans, volunteer firemen and similar nonprofit organizations.
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.
The State Racing and Wagering Board.
[Amended 9-13-1995 by L.L. No. 3-1995]
One or more of the following causes, deeds or activities:
[Added 9-13-1995 by L.L. No. 3-1995]
Those which shall benefit needy or deserving persons indefinite in number
by enhancing their opportunity for religious or educational advancement, by
relieving them from disease, suffering or distress, by contributing to their
physical well-being, by assisting them in establishing themselves in life
as worthy and useful citizens or by increasing their comprehension of and
devotion to the principles upon which this nation was founded and enhancing
their loyalty to their government.
Those which shall initiate, perform or foster worthy public works or
shall enable or further the erection or maintenance of public structures.
Those which shall initiate, perform or foster the provision of services
to veterans by encouraging the gathering of such veterans and shall enable
or further the erection or maintenance of facilities for use by such veterans
which shall be used primarily for charitable or patriotic purposes; provided,
however, that such proceeds are disbursed in accordance with the rules and
regulations of the Racing and Wagering Board.
Those which shall otherwise lessen the burdens borne by government or
which are voluntarily undertaken by an authorized organization to augment
or supplement services which government would normally render to the people.
A license issued pursuant to the provisions of this chapter.
[Added 9-13-1995
by L.L. No. 3-1995]
In relation to the gross receipts from one or more occasions of bingo,
the amount that shall remain after deducting the reasonable sums necessarily
and actually expended for bingo supplies and equipment, prizes, stated rental,
if any, bookkeeping or accounting services according to a schedule of compensation
prescribed by the control commission, janitorial services and utility supplies,
if any, license fees and the cost of bus transportation, if authorized by
the control commission; and
In relation to the gross rent received by an organization licensed to
conduct bingo for the use of its premises by another licensee, the amount
that shall remain after deducting the reasonable sums necessarily and actually
expended for janitorial services and utility supplies directly attributable
thereto, if any.
[Amended 9-13-1995 by L.L. No. 3-1995[1]]
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 Concord, subject to the provisions of this chapter,
the provisions of Article 14-H of the General Municipal Law and the provisions
of the State Bingo Control Law.
[Amended 9-13-1995 by L.L. No. 3-1995]
A.
Each applicant shall file with the Town Clerk of the
Town of Concord a written application, in the form prescribed in the rules
and regulations of the control commission, duly executed and verified.
B.
In each application there shall be designated an active
member or members of the applicant organization under whom the game or games
of bingo 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 bingo in accordance with the terms of the license and the provisions
of this chapter and the rules and regulations of the control commission, if
such license is granted.
C.
In the event that any premises upon which any such game
of bingo is to be held, operated or conducted, or which is to be used for
any purpose in connection with the holding, operation of conduct thereof,
is to be leased or rented from any person, persons or corporation, 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
her 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.
Any game or games authorized by this chapter shall be conducted subject
to the following restrictions:
A.
No person, firm, association, corporation or organization,
other than an authorized organization licensed under the provision of this
chapter, shall be permitted to conduct such games.
B.
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.
C.
No single prize shall exceed the sum or value of $250.
D.
No series of prizes on any one occasion shall aggregate
more than $1,000.
E.
No person except a bona fide member of such organization
shall participate in the management or operation of such game.
F.
No person shall receive any remuneration for participating
in the management or operation of any such game.
G.
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.
A.
The Town Clerk 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 Town Clerk 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 qualification
of the applicant to be licensed, the relationship of the members under whom
such games are to be conducted with 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 the 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 bingo, whether a prize will be offered
or given in excess of the sum or value of $250 in any single game or whether
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 Town Board may direct.
[Amended 9-13-1995 by L.L. No. 3-1995]
B.
If the Town Board shall determine that the requisite
conditions have been met by the applicant, it shall issue a license to the
applicant for the holding, operation and conduct of the specific kinds of
games of bingo applied for upon payment of a license fee or fees of $18.75
for each occasion upon which any games of bingo are to be conducted under
such license, which fees are to be paid to the Town Clerk of the Town of Concord.
[Amended 9-13-1995 by L.L. No. 3-1995]
C.
On or before the 30th day of each month, the Town Clerk
of the Town of Concord shall transmit to the State Comptroller a sum equal
to 60% of all license fees collected by the Town of Concord pursuant to this
section during the preceding calendar month.
[Amended 9-13-1995 by L.L. No. 3-1995]
D.
No license shall be issued under this chapter which shall
be effective for a period of more than one year.
A.
No application for a license hereunder 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.
B.
Any license issued under this chapter may be amended
upon application 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 the payment of such additional license fee, if any, as would have
been payable if it had been so included.
[Amended 9-13-1995 by L.L. No. 3-1995]
Each license shall be in such form as shall be prescribed in the rules
and regulations promulgated by the control commission and shall contain a
description of the kind of games of bingo authorized to be held, operated
and conducted thereunder; a statement of the name and address of the licensee,
of the names and addresses of the member or members of the licensee under
whom such games of bingo will be held, operated and conducted, of the number
of times, or the hours during which, such games of bingo are authorized to
be conducted and the place or places where and the date or dates and time
or times when such games of bingo are to be conducted and of the specific
purposes to which the entire net proceeds of such games of bingo are to be
devoted; if any prize or prizes are to be offered and given in cash, a statement
of the amounts of the prizes authorized so to be offered and given; and any
other information which may be required by said rules and regulations to be
contained therein, and each license issued for the conduct of any game or
games of bingo shall be conspicuously displayed at the place where the same
is to be conducted at all times during the conduct thereof.
[Amended 9-13-1995 by L.L. No. 3-1995]
The Town Board shall have and exercise control and supervision over
all games of bingo 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,
this chapter, §§ 475 through 499 of the General Municipal Law
or the rules and regulations of the control commission. The Town Board or
any officer designated by it shall have the right of entry at all times into
any premises where any such game of bingo is being held, operated or conducted
or where it is intended that any such game of bingo 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.[1]
[1]
Editor's Note: Original Section 9, which immediately followed
this section and which prohibited conduct of games on Sunday, was repealed
by resolution of 12-11-1978, which resolution specifically stated that the
provision be rescinded so as to permit bingo games on any day of the week.
[Amended 9-13-1995 by L.L. No. 3-1995]
No person under the age of 18 years shall be permitted to participate
in any game or games of bingo held, operated or conducted pursuant to any
license issued under this chapter, unless accompanied by an adult.
[Amended 9-13-1995 by L.L. No. 3-1995]
No game or games of bingo shall be held, operated or conducted under
any license issued under this chapter more often 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.
[Amended 9-13-1995 by L.L. No. 3-1995]
No person shall hold, operate or conduct any game or games of bingo 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 bingo under such license except such 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 which is affiliated with the licensee by being, with it, auxiliary to another organization or association, and except bookkeepers or accountants as hereinafter provided, and no such game of bingo 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 bingo 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 thereof under any circumstances whatever; and no rental shall be paid for the use of any premises for holding, operating or conducting any such game of bingo thereon 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 § 57-4 of this chapter, or which is in excess of the sum stated as 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 bingo 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.
[Amended 9-13-1995 by L.L. No. 3-1995]
Not more than $1 shall be charged by any licensee for admission to any
room or place in which any game or games of bingo 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 or her to participate without additional charge in all regular
games of bingo 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 much 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 played on any occasion within the same calendar day as
that upon which the games were played. No alcoholic beverage shall be offered
or given as a prize in any such game.
[Amended 9-13-1995 by L.L. No. 3-1995]
A game of bingo to be conducted under any license issued under this
chapter may 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; one sign not exceeding
60 square feet in area may be displayed 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 the 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 company or such first
aid or rescue squad, as the case may be.
[Amended 9-13-1995 by L.L. No. 3-1995]
Within seven days after the conclusion of the holding, operating and
conducting of any such game of bingo, 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 bingo, which shall include
the 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 service rendered therefor, the net profit derived from each such game
of bingo 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;
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. Within 15 days after the end of each calendar quarter during which
there has been any occasion of bingo, a summary statement of such information,
in form prescribed by the state, shall be furnished in the same manner to
the State Racing and Wagering Board.
[Amended 9-13-1995 by L.L. No. 3-1995]
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 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 bingo
thereunder, and to examine any manager, officer, director or agent, member
or employee thereof, under oath, in relation to the conduct of any such game
of bingo 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
under this chapter aggrieved by any action of the Town Board, its officers
or agents, concerning an application which has been made or a license which
has been issued may appeal to the control commission from the determination
of the Town Board, its officers or agents by filing with the Town Board of
the Town of Concord 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 matters in issue,
and the action of the control commission upon said appeal shall be binding
upon the Town of Concord and all parties to said appeal.
[Amended 9-13-1995 by L.L. No. 3-1995]
No person or corporation lawfully conducting or participating in the
conduct of, 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 her or it of any game of bingo 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, but this immunity shall not extend
to any person or corporation knowingly conducting or participating in the
conduct of any game of bingo under any license obtained by 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 her or it of any game of bingo
conducted under any license known to him or her or it to have been obtained
by any such false pretense or statement.
[Amended 9-13-1995 by L.L. No. 3-1995]
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 shall pay any rental for the use of any premises for holding, operating or conducting any game of bingo 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 § 57-4 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 her 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 bingo under any such license or shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating or conducting of any game of bingo 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 him, her or it under this chapter and shall be ineligible to apply for a license under this chapter for one year thereafter.
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 enactment of
the ordinance effecting such amendment or repeal, as the case may be, and
the approval of a majority of the electors of the Town of Concord shall not
be a condition prerequisite to the taking effect of such ordinance.
The provisions of this chapter shall remain inoperative until a proposition
therefor is submitted at a general election to be held on May 23, 1958, in
the Town of Concord and shall be approved by a vote of the majority of the
qualified electors in the Town of Concord voting thereon. Such submission
shall be in accordance with the Town Law and such other provisions of law
applicable to the adoption of an ordinance at a referendum. In the event that
such proposition is approved, as aforesaid, this chapter shall take effect
on the ninth of June.[1]
[1]
Editor's Note: This chapter was passed at said referendum.
