[HISTORY: Adopted by the Town Board of the Town of Ithaca 8-10-1998
by L.L. No. 16-1998 (approved at 11-10-1998 election); amended in its entirety
6-7-1999 by L.L. No. 9-1999 (approved at 11-15-1999 election). Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 121.
This chapter is adopted pursuant to the authority granted by § 188
of Article 9-A of the General Municipal Law and shall be known as the "Town
of Ithaca Games of Chance Local Law."
The words and terms used in this chapter shall have the same meanings
as such words and terms are used in Article 9-A of the General Municipal Law,
unless otherwise provided herein or unless the context requires a different
meaning. Without limiting the foregoing, the definitions of "authorized organization,"
"lawful purposes," and "games of chance" as set forth in § 186 of
the General Municipal Law as the same may be amended from time to time shall
have the same definitions for the purposes of this chapter.
Pursuant to, and in accordance with, the provisions of § 188,
Subdivision 1, of the General Municipal Law of the State of New York and other
applicable provisions of law, it shall be lawful for any authorized organization,
upon obtaining a license therefor as provided in Article 9-A of the General
Municipal Law and other applicable statutes, to conduct games of chance within
the territorial limits of the Town of Ithaca, subject to the provisions of
this chapter, the provisions of Article 9-A of the General Municipal Law,
and the rules and regulations set forth by any applicable New York State or
local agency relating thereto. The conduct of games of chance shall be subject
to the restrictions imposed by § 189 of the General Municipal Law.
Pursuant to § 195 of the General Municipal Law, the conduct
of games of chance on Sunday between the hours of noon and midnight is hereby
authorized. Notwithstanding this provision no authority is granted to conduct
games of chance on the three days set forth in § 195 of the General
Municipal Law on which days the State of New York prohibits the conduct of
such games.
The powers and duties set forth in Subdivision 1 of § 194
of the General Municipal Law shall be exercised on behalf of the Town of Ithaca
by the Town Supervisor, the Town Clerk, the Town Building and Zoning Enforcement
Officer, and such other person or persons as the Town may direct by resolution
from time to time.
Pursuant to § 190 of the General Municipal Law, applicants
for a license who have obtained an identification number from the New York
State Racing and Wagering Board and otherwise qualifying pursuant to said
§ 190 may apply for a license on a summary application as authorized
in § 190, Subdivision 3, rather than a full application required
by § 190, Subdivision 1, of the General Municipal Law.
In accordance with the provisions of § 188, Subdivision 2,
of the General Municipal Law and § 23, Subdivision 1, of the Municipal
Home Rule Law, this chapter shall not become operative or effective unless
and until it shall have been approved at the next general election held within
the Town of Ithaca by the affirmative vote of a majority of the qualified
electors of the Town voting upon the proposition.[1]
[1]
Editor's Note: These games of chance provisions were approved at the
11-10-1998 election.
This chapter shall apply to the territory of the Town within the Village
of Cayuga Heights only if, after adoption of this chapter, the Board of Trustees
of such village adopts a local law or resolution in accordance with § 187
of the General Municipal Law authorizing the Town to issue licenses for games
of chance within such village.
This amended and restated chapter shall take effect, if approved as
set forth above by the electors, on November 15, 1999.
