[HISTORY: Adopted by the Town Board of the Town of East Hampton 2-15-1979. Amendments
noted where applicable.]
The Town Board finds as follows:
A.Â
Gambling houses constitute a threat to the peace and good order of
the community.
B.Â
The welfare of the citizens of the town would be advanced by the
prevention and suppression of the evils associated with gambling houses.
C.Â
Gambling houses would bring a large influx of gamblers with an accompanying
increase in crime, congestion and accidents, and any revenue which
might be derived from gambling houses is likely to be offset by the
cost of additional services required to be provided by the town.
D.Â
Gambling houses in the town would be detrimental to the orderly economic
development of the town by increased land speculation and the attraction
of illegitimate business.
E.Â
Numerous community organizations and a substantial number of residents
of the town have communicated to the Town Board their opposition to
gambling houses in the town.
As used in this ordinance, the following terms shall have the
meanings indicated:
A person engages in gambling when he stakes or risks something
of value on the outcome of a contest of chance or a future contingent
event not under his control or influence upon an agreement or understanding
that he will receive something of value in the event of a certain
outcome. "Gambling" does not include bingo or lotto as authorized
by the State Constitution in Article 1, Section 9.
Any device, machine, paraphernalia or equipment which is
used or is usable in the playing phases of any gambling activity,
whether such activity consists of gambling between persons or gambling
by a person involving the playing of a machine.
Any premises or establishment at which gambling is conducted
as a trade or business for profit. A person profits from gambling
activity when, other than as a player, he accepts or receives money
or other property pursuant to an agreement or understanding with any
person whereby he participates or is to participate in the proceeds
of gambling activity. "Gambling house" does not include nonpublic
or noncommercial premises at which casual betting or gaming are conducted
for private amusement or recreation.
An individual, firm, partnership, corporation or other entity.
A.Â
It shall be a violation of this ordinance for any person to own,
maintain, conduct or promote any gambling house in the Town of East
Hampton.
B.Â
It shall be a violation of this ordinance for any person to possess
any gambling device with the intent to use it in the conduct of a
gambling house.
C.Â
This ordinance shall in no way affect the right of citizens to vote
in any referendum on gambling or gambling casinos which may be held
pursuant to state law.
D.Â
This ordinance is intended to be consistent with the State Penal
Law and to be enforced in a manner that preserves the authority of
state law.
E.Â
This ordinance shall be effective within the confines of the town
outside any incorporated village therein.
A.Â
Any person who shall own, maintain, conduct or promote a gambling
house in the town or who shall possess a gambling device therein shall
be guilty of a violation of this ordinance, punishable, upon conviction,
by a fine not exceeding $250 or by imprisonment up to 15 days, or
both, for each and every violation.
B.Â
Each and every day in which a violation occurs shall be deemed a
separate and distinct violation.
A.Â
The town police shall be empowered to arrest any person upon probable
cause that he or she has violated this ordinance, and to confiscate
any gambling device or evidence relating thereto, and to close down
the premises or establishment.
B.Â
Nothing herein shall be construed to change the authority of the
town police to work with and assist state and county law enforcement
agencies in the enforcement of this ordinance and of the State Penal
Law.
The invalidity of any section or provision of this ordinance
shall not invalidate any other section or provision thereof.
This ordinance shall take effect immediately.
