[HISTORY: Adopted by the Common Council of the City of Ithaca 7-9-1980
by Ord. No. 80-9 (Ch. 14 of the 1975 Municipal Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 139.
This chapter shall be known as the "Games of Chance Law of the City
of Ithaca, New York."
[Amended 8-5-1992 by L.L. No. 3-1992; 9-7-2005
by Ord. No. 05-19]
As used in this chapter, the following terms shall have the following
meanings:
Includes any bona fide religious or charitable organization or bona
fide educational, fraternal or service organization or bona fide organization
of veterans or volunteer firemen which, by its charter, certificate of incorporation,
constitution or act of the legislature, shall have among its dominant purposes
one or more of the lawful purposes as defined in Article 9-A of the General
Municipal Law, provided that each shall operate without profit to its members,
and provide that each such organization has engaged in serving one or more
of the lawful purposes as defined in Article 9-A of the General Municipal
Law for a period of three years immediately prior to applying for a license
under this chapter and Article 9-A of the General Municipal Law.
The New York State Racing and Wagering Board.
The City of Ithaca, New York.
Includes only the games known as "merchandise wheels," "coin boards,"
"merchandise boards," "seal cards," "raffles," and "bell jars" and such other
games as may be authorized by the Board, in which prizes are awarded on the
basis of a designated winning number or numbers, color or colors, symbol or
symbols determined by chance, but not including games commonly known as "bingo"
or "lotto" which are controlled under Article 14-H of the General Municipal
Law and also not including slot machines, "bookmaking," "policy or numbers
games," and "lottery" as defined in § 225 of the Penal Law. No game
of chance shall involve wagering of money by one player against another.
[Amended 9-7-2005 by Ord. No. 05-19]
Authorized organizations may, upon the obtainment of a license from
the City Clerk, conduct games of chance within the City of Ithaca as provided
in Article 9-A of the General Municipal Law and as provided further in this
chapter. Such games of chance shall be conducted in accordance with the general
state law and with the rules and regulations of the New York State Racing
and Wagering Board and this chapter.
[Amended 8-5-1992 by L.L. No. 3-1992; 9-7-2005
by Ord. No. 05-19]
The conduct of games of chance authorized by this chapter shall be subject
to the following restrictions:
A.
No person, firm, association, corporation or organization,
other than a licensee under the provisions of this chapter, shall conduct
such game or shall lease or otherwise make available for conducting games
of chance a hall or other premises for any consideration whatsoever, direct
or indirect, except as provided in § 190 of the General Municipal
Law.
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 such game.
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
a supplier licensed by the 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 single prize awarded by games of chance other than
raffle shall exceed the value of $300, except that for merchandise wheels,
no single prize shall exceed the sum of $250. No single prize awarded by raffle
shall exceed the sum or value of $50,000, except that an authorized organization
may award by raffle a single prize having a value up to and including $100,000
if its application for a license filed pursuant to § 190 of the
General Municipal Law includes a statement of its intent to award a prize
having such value. No single wager shall exceed $6 and for bell jars, coin
boards, or merchandise boards, no single prize shall exceed $500; provided,
however, that such limitation shall not apply to the amount of money or value
paid by the participant in a raffle in return for a ticket or other receipt.
For coin boards and merchandise boards, the value of a prize shall be determined
by its cost to the authorized organization or, if donated, its fair market
value.
F.
No authorized organization shall award a series of prizes
consisting of merchandise with an aggregate value in excess of $10,000 during
the successive operations of any one merchandise wheel, and $3,000 during
the successive operations of any bill jar, coin board, or merchandise board.
No series of prizes awarded by raffle shall have an aggregate value in excess
of $100,000. For coin boards and merchandise boards, the value of a prize
shall be determined by its cost to the authorized organization or, if donated,
its fair market value.
G.
No person except a bona fide member of any such organization,
its auxiliary or affiliated organization shall participate in the management
or operation of such game, as set forth in § 195-c of the General
Municipal Law.
H.
No person under the age of 18 years shall be permitted
to play any game of chance or conduct or assist in the conducting of any game
of chance conducted pursuant to this chapter.
I.
No game of chance shall be conducted under any license
issued 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 only between the hours of 12:00 noon on Friday
and 1:00 a.m. Saturday and only between the hours of 12:00 noon on Saturday
and 1:00 a.m. on Sunday. Games of chance on Sunday may be conducted only between
the hours of 1:00 p.m. and 12:00 midnight.
J.
No games of chance shall be conducted on Easter Sunday,
Christmas Day or New Year's Eve.
K.
No person shall receive any remuneration for participation
in the management or operation of any such game.
L.
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
M.
In addition to merchandise wheels, no more than five
other single types of games of chance shall be conducted during any one license
period.
N.
Except for merchandise wheels and raffles, no series
of prizes on any one occasion shall aggregate more than $400 when the licensed
authorized organization conducts five single types of games of chance during
any one license period. Except for merchandise wheels, no series of prizes
on any one occasion shall aggregate more than $500 when the licensed authorized
organization conducts fewer than five single types of games of chance, exclusive
of merchandise wheels, during any one license period. No authorized organization
shall award by raffle prizes with an aggregate value in excess of $100,000.00
during any one license period.
O.
Except for the limitations on the sum or value for single
prizes and a series of prizes, no limit shall be imposed on the sum or value
of prizes awarded to any one participant during any occasion or any license
period.
P.
No authorized organization shall extend credit to a person
to participate in playing a game of chance.
Q.
No game of chance shall be conducted on other than the
premises of an authorized organization or an authorized games of chance lessor.
[Amended 9-7-2005 by Ord. No. 05-19]
The Police Department shall exercise control over and supervision of
all games of chance conducted under an appropriately issued license. Such
Department shall have all those powers and duties set forth in Article 9-A
of the General Municipal Law.
