[HISTORY: Adopted by the Town Board of the Town of Webster 2-23-1978 as L.L. No. 1-1978. Amendments noted where applicable.]
Bingo — See Ch. 83.
This chapter shall be known as the "Games of Chance Law of the Town of Webster, New York."
Specific terms. As used in this chapter, the following terms shall have the following meanings:
- AUTHORIZED ORGANIZATION
- Includes 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 Article 9-A of the General Municipal Law for a period of three years immediately prior to applying for a license to the Town Clerk of the Town of Webster. 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 § 186 of the General Municipal Law. No political party shall be deemed an "authorized organization."
- The New York State Racing and Wagering Board.
- GAMES OF CHANCE
- Includes 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 controlled under Chapter 83 of this Code and Article 14-H of the General Municipal Law, and also 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.
- The Town of Webster in the County of Monroe and State of New York.
Other terms. All other terms used in this chapter shall have, for the purposes of this chapter, the meanings respectively ascribed to them by § 186 of the General Municipal Law.
Authorized organizations may, upon the attainment of a license from the Town Clerk, conduct games of chance within the Town of Webster as provided in Article 9-A of the General Municipal Law and as provided in this chapter. Such games of chance shall be conducted in accordance with state law and with the rules and regulations of the Board and the provisions of this chapter.
The conduct of games of chance authorized by this chapter shall be subject to the following restrictions:
No person, firm, association, corporation or organization, other than a licensee under the provisions of this chapter, shall conduct such games 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.
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.
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.
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.
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 the General Municipal Law. No single wager shall exceed $10.
No series of prizes on any one occasion of games of chance shall aggregate more than $1,000, as provided in § 186 of the General Municipal Law.
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.
No person shall receive any remuneration for participating in the management or operation of any such game.
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.
No game of chance shall be conducted under any license issued pursuant to the provisions of this chapter 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, only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday and only between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. Standard time shall govern the hours as provided in this subsection, except that daylight saving time shall apply during the portion of the year that such time is generally applicable in the State of New York.
No games of chance shall be conducted on Sundays, Christmas Day, New Year's Day or New Year's Eve.
The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.
This chapter shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law, except as otherwise provided in this chapter, and any amendments to the provisions in such Article to the extent that such provisions and amending acts are otherwise applicable to games of chance authorized under this chapter.
Games of chance on the first day of the week, commonly known as "Sunday," may not be conducted pursuant to this chapter and appropriate statute and regulation.
The law enforcement agencies shall exercise control over and supervision of all games of chance conducted under an appropriately issued license. Such departments shall have all those powers and duties set forth in Article 9-A of the General Municipal Law.