Town of Hyde Park, NY Chapter 38 Bingo; Games of Chance

[HISTORY: Adopted by the Town Board of the Town of Hyde Park as indicated in article histories. Amendments noted where applicable.]

Article I Bingo

[Adopted 4-19-1958; amended in its entirety 3-6-1963]

§ 38-1 Statutory control and authority. [1]

It shall be lawful for any authorized organization, upon obtaining a license therefor as provided by Article 14-H of the General Municipal Law, to conduct the game of bingo within the territorial limits of the Town of Hyde Park, subject to the provisions of this article, the provisions of Article 14-H of the General Municipal Law and the provisions of the State Lottery Control Law.

[1] Editor's Note: Section 1 of the amendatory ordinance, adopted 3-6-1963, read as follows: "The purpose of this ordinance is to amend an ordinance adopted by the Town Board of the Town of Hyde Park, Dutchess County, New York, dated April 19, 1958, authorizing the conduct of bingo in such Town to change the reference in such ordinance from Article 14-G of the General Municipal Law to Article 14-H of the General Municipal Law, as so renumbered by Chapter 438 of the Laws of 1962, and to set forth therein the following additional amended and renumbered restrictions concerning the conduct of the game of bingo by an authorized organization in such town, as required by § 479 of the General Municipal Law of the State of New York, as amended by Chapter 438 of the Laws of 1962."

§ 38-2 Restrictions on conduct of games.

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 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 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 or 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.

§ 38-3 Penalties for offenses.

The unauthorized conduct of a bingo game and any willful violation of any provision of this article shall constitute and be punishable as a misdemeanor.

Article II Games of Chance

[Adopted 10-4-1976]

§ 38-4 Territorial applicability.

This article shall be applicable to all territory within the limits of the Town of Hyde Park.

§ 38-5 Unlawful games of chance.

It shall hereinafter be declared lawful for any authorized organization, upon obtaining a license therefor, to conduct specific games of chance in which prizes are awarded on the basis of a designated winning number or numbers, color or colors or symbol or symbols determined by chance, but not including games commonly known as "bingo" or "lotto," which are allowed and controlled under Article 14-H of the General Municipal Law[1], and also but not including slot machines, bookmaking and policy or numbers games, as defined in § 225.00 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.

[1] Editor's Note: See Article I, Bingo.

§ 38-6 Authorized organization exempted and defined.

A. An authorized organization shall mean and include any bona fide religious or charitable organization or bona fide educational 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 provided that each such organization has engaged in serving one or more of the lawful purposes, as defined in said Article 9-A, for a period of three years immediately prior to applying for a license under said Article 9-A.

B. No organization shall be deemed an authorized organization which is formed primarily for the purpose of conducting games of chance and the distribution of the proceeds thereof to itself or any other organization and which does not devote at least 75% of its activities to other purposes set forth in this section. No political party shall be deemed an authorized organization.

§ 38-7 Conduct of games restricted.

In addition to the restrictions and provisions contained in Article 9-A of the General Municipal Law, the conduct of games shall be subject to the following restrictions:

A. No person, firm, association, corporation or organization, other than a licensee under the provisions of Article 9-A, 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 Article 9-A.

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 article 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 prize shall exceed the sum or value of $100 in any operation or conducting of a single game of chance as provided in § 186 of Article 9-A. No single wager shall exceed $10.

F. No series of prizes on any one occasion of games of chance shall aggregate more than $1,000 as provided in § 186 of Article 9-A.

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 § 195c of Article 9-A.

H. No person shall receive any remuneration for participating in the management or operation of any such game.

I. The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.

§ 38-8 Applications for licenses.

All applications of licenses shall be made to the Town Clerk in accordance with the regulations and references contained in Article 9-A of the General Municipal Law.

§ 38-9 Statutory powers exercised by chief law enforcement officer.

The powers and duties, as set forth in Article 9-A of the General Municipal Law, shall be performed and exercised by the chief law enforcement officer of the County of Dutchess.

§ 38-10 Penalties for offenses.

All fines and penalties shall be as set forth in Article 9-A of the General Municipal Law.

§ 38-11 Mandatory referendum.

This article is subject to a mandatory referendum, in accordance with Article 9-A of the General Municipal Law, and shall take effect upon proper approval thereunder.