[HISTORY: Adopted by the Town Board of the
Town of Liberty 5-11-1989 by L.L. No. 2-1989.]
GENERAL REFERENCES
Bingo — See Ch. 55.
[Amended 7-8-1996 by L.L. No. 4-1996]
As used herein, the following terms shall have
the same definitions as are assigned to them by § 186 of
the General Municipal Law of the State of New York as the same may
be amended from time to time: "board," "games of chance," "authorized
organization," "lawful purposes," "net proceeds," "net lease," "authorized
games of chance lessor," "single prize," "series of prizes," "authorized
supplier of games of chance equipment," "one occasion" and "license
period."
From and after the effective date of this chapter
as hereafter provided, it shall be lawful for any authorized organization,
upon obtaining a license therefor as hereinafter provided, to conduct
games of chance within the territorial limits of the Town of Liberty,
subject to the provisions of this chapter, Article 9-A of the General
Municipal Law of the State of New York and rules and regulations promulgated
by the Board, as the same may be amended from time to time.
Each applicant for a license to conduct games
of chance shall, after obtaining an identification number from the
Board, file with the Town Clerk a written application therefor in
a form to be prescribed by the Board, duly executed and verified,
containing such information as may be required by law and by the rules
and regulations of the Board. In each such application there shall
be designated not less than four active members of the applicant organization
under whom the game or games of chance will be conducted, and to the
application shall be appended a statement executed by the members
so designated that they will be responsible for the conduct of such
games in accordance with the terms of the license and the rules and
regulations of the Board and of Article 9-A of the General Municipal
Law of the State of New York.
Each applicant for a license to lease premises
to a licensed organization for the purpose of conducting games of
chance therein shall file with the Town Clerk a written application
therefor in a form to be prescribed by the Board, duly executed and
verified, and which shall contain such information as shall be required
by law and by the rules and regulations of the Board.
The Town Clerk shall make an investigation of
the qualifications of each applicant and the merits of each application
with due expedition after the filing of the application. For purposes
of assisting in the conduct of such investigation, the Town Clerk
may call upon the resources of any duly appointed and acting Town
officials and any law enforcement agencies.
[Amended 7-8-1996 by L.L. No. 4-1996]
If the Town Clerk shall determine that the applicant
for a license to conduct games of chance is duly qualified therefor
and meets the requirements of § 191, Subdivision 1(a), of
the General Municipal Law of the State of New York and the rules and
regulations of the Board and of this chapter, as the same may be amended
from time to time, the Town Clerk shall issue a license to the applicant
for the conduct of games of chance upon payment of a license fee,
as set by state law, for each license. No such license shall be effective
for a period of more than one year.
[Amended 7-8-1996 by L.L. No. 4-1996]
If the Town Clerk shall determine that the applicant
seeking to lease a hall or premises for the conduct of games of chance
to an authorized organization is duly qualified to be licensed under
the provisions of § 191, Subdivision 1(b), of the General
Municipal Law of the State of New York and the rules and regulations
of the Board and the provisions of this chapter, as the same may be
amended from time to time, the Town Clerk shall issue a license permitting
the applicant to lease said premises for the conduct of such games
to the authorized organization or organizations specified in the application
during the period therein specified or such shorter period as such
Clerk shall determine, but not to exceed one year, upon payment of
a license fee as set by state law.
No application for the issuance of a license
to an authorized organization shall be denied by the Town Clerk until
after a hearing, held on due notice to the applicant, at which the
applicant shall be entitled to be heard upon the qualifications of
the applicant and the merits of the application.
Any license issued under this chapter may be
amended, upon application made to the Town Clerk who issued it, if
the subject matter of the proposed amendment could lawfully and properly
have been included in the original license and upon payment of such
additional fee, if any, as would have been payable if it had been
so included.
Each license to conduct games of chance shall
be in the form prescribed by the Board and shall contain such information
as may be required by law and/or the rules and regulations of the
Board, as the same may be amended from time to time. Each such license
shall be conspicuously displayed at the place where the games of chance
are to be conducted at all times during the conduct thereof.
Each license to lease premises for the conduct
of games of chance will be in such form as may be prescribed by the
Board and will contain such information as may be required by law
and/or the rules and regulations of the Board, as the same may be
amended from time to time. Each such license shall be conspicuously
displayed upon such premises at all times during the conduct of such
games of chance.
The Town Board shall have and exercise rigid
control and close supervision over all games of chance conducted under
such license to the end that the same are fairly conducted in accordance
with the provisions of such license, the provisions of the rules and
regulations promulgated by the Board and the provisions of Article
9-A of the General Municipal Law of the State of New York, and the
Board shall have the power and the authority to temporarily suspend
any license issued by the Clerk pending a hearing, and, after notice
and hearing, the Board may suspend or revoke the same and additionally
impose a fine in the amount not exceeding $1,000 for violation of
any such provisions and shall have the right of entry by their respective
agents at all times into any premises where any games of chance are
being conducted, where it is intended that any such games shall be
conducted or where any equipment being used or intended to be used
in the conduct thereof is found for the purpose of inspecting the
same. An agency of the Town Board shall make an on-site inspection
during the conduct of all games of chance licensed pursuant to this
chapter.
[Amended 7-8-1996 by L.L. No. 4-1996]
Subject to the applicable provisions of the
Alcoholic Beverage Control Law, beer may be offered for sale during
the conduct of games of chance, but the offering of all other alcoholic
beverages is prohibited; provided, however, that nothing herein shall
be construed to limit the offering for sale of any other alcoholic
beverage in premises where only the games of chance known as "bell
jar" or "raffles" are conducted.
Except as provided in § 86-15, no games of chance shall be conducted on Sunday unless specifically so provided in the license. The Town Clerk is hereby authorized to include such provision in any such license upon a proper showing by the application of the need therefor. No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
[Amended 7-8-1996 by L.L. No. 4-1996]
No game or games or chance shall be conducted
under any license issued under this chapter more often than 12 times
in any calendar year. No particular premises shall be used for the
conduct of games of chance on more than 24 license periods during
any one 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 2:00
a.m. Saturday, and only between the hours of 12:00 noon on Saturday
and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply
to a legal holiday. The above restrictions shall not apply when only
the game of chance known as the "bell jar" is conducted.
No person under the age of 18 years shall be
permitted to play any game or games of chance conducted pursuant to
any license issued under this chapter. No person under the age of
18 years shall be permitted to conduct or assist in the conduct of
any game of chance conducted pursuant to any license issued under
this chapter.
No person shall hold, operate or conduct any
games of chance under any license issued under this chapter except
an active member of the authorized organization to which the license
is issued, and no person shall assist in the holding, operating or
conducting of any game of chance under such license except such an
active member or a member of an organization or association which
is an auxiliary to the licensee or a member of an organization or
association of which such licensee is an auxiliary or a member of
an organization or association which is affiliated with the licensee
by being, with it, auxiliary to another organization or association.
No game of chance shall be conducted with any equipment except such
as shall be owned or leased by the authorized organization so licensed
or used without payment of any compensation therefor by the licensee.
At least two officers, directors, trustees or clergy of the authorized
organization shall, upon request, certify under oath that the persons
assisting in holding, operating or conducting any game of chance are
bona fide members of the authorized organization, auxiliary or affiliated
organization. Upon request by the Town Clerk, any such person involved
in such games of chance shall certify that he or she has no criminal
record. No items of expense shall be incurred or paid in connection
with the conducting of any game of chance pursuant to any license
issued under this chapter except those that are reasonable and are
necessarily expended for games of chance, supplies and equipment,
prizes, stated rental, if any, bookkeeping or accounting services
according to a schedule of compensation prescribed by the Board, janitorial
services and utility supplies, if any, and license fees and the cost
of bus transportation, if authorized by the Town Clerk.
Not more than $2 shall be charged by any licensee
for admission to any room or place in which any game or games of chance
are to be conducted under any license issued under this chapter. The
Town Clerk may, in his or her discretion, fix a minimum fee. Every
winner shall be determined and every prize shall be awarded and delivered
within the same calendar day as that upon which the game was played.
No alcoholic beverage shall be offered or given as a prize in any
game of chance.
No game of chance conducted or to be conducted
in the Town of Liberty shall be advertised as to its location, the
time when it is to be or has been played or the prizes awarded or
to be awarded or transportation facilities to be provided to such
game by means of newspapers, radio, television or sound trucks or
by means of billboards, posters or handbills or any other means addressed
to the general public, except that one sign not exceeding 60 square
feet in area may be displayed on or adjacent to the premises owned
or occupied by a licensed authorized organization, and, when an organization
is licensed to conduct games of chance on premises of an authorized
games of chance lessor, one additional such sign may be displayed
on or adjacent to the premises in which the games are to be conducted.
Additional signs may be displayed upon any fire-fighting equipment
belonging to any licensee which is a volunteer fire company or upon
any first-aid or rescue squad in and throughout the community or communities
served by such volunteer fire company or such first-aid or rescue
squad, as the case may be.
Within seven days after the conclusion of any
license period, the authorized organization which conducted the same
and its members who were in charge thereof and, when applicable, the
authorized organization which rented its premises therefor shall each
furnish to the Town Clerk a statement subscribed by the member in
charge and affirmed by the member as true, under the penalties of
perjury, showing the amount of the gross receipts derived therefrom
and each item of expense incurred or paid and each item of expenditure
made or to be made other than prizes, the name and address of each
person to whom each such item of expense has been paid or is to be
paid with a detailed description of the merchandise purchased or the
services rendered therefor, the net proceeds derived from the conduct
of games of chance during such license period and the use to which
such proceeds have been or are to be applied and a list of prizes
offered and given with the respective values thereof, and it shall
be the duty of each licensee to maintain and keep such books and records
as may be necessary to substantiate the particulars of each such statement.
Upon the filing of such statement of receipts,
the authorized organization furnishing the same shall pay to the Town
Clerk as and for an additional license fee a sum based upon the reported
net proceeds, if any, for the license period covered by such statement
and determined in accordance with such schedule[1] as shall be established, from time to time, by the Board
to defray the actual cost to the Town of administering the provisions
of this chapter.
A.
The Town Clerk shall have the power to examine or
cause to be examined the books and records of:
(1)
Any authorized organization which is or has been licensed
to conduct games of chance, so far as they may relate to games of
chance, including the maintenance, control and disposition of net
proceeds derived from games of chance or from the use of its premises
for games of chance, and to examine any manager, officer, director,
agent, member or employee thereof, under oath, in relation to the
conduct of any such game under any such license, the use of its premises
for games of chance or the disposition of net proceeds derived from
games of chance, as the case may be.
(2)
Any authorized games of chance lessor, so far as they
may relate to leasing premises for games of chance, and to examine
said lessor or any manager, officer, director, agent or employee thereof,
under oath, in relation to such leasing.
B.
Any information so received shall not be disclosed,
except so far as may be necessary for the purpose of carrying out
the provisions of this chapter.
Any applicant for or holder of any license issued
or to be issued under this chapter aggrieved by any action of the
Town Clerk to which such application has been made or by which such
license has been issued may appeal to the Board from the determination
of said Town Clerk by filing with the Town Clerk a written appeal
within 30 days after the determination or action appealed from, and,
upon the hearing of such, the evidence, if any, taken before such
Town Clerk and any additional evidence may be produced and shall be
considered in arriving at a determination of the matters in issue,
and the action of the Board upon said appeal shall be binding upon
the Town Clerk and all parties to said appeal.
Any person or persons who shall execute an application
on behalf of any authorized organization shall, by the making of such
application, warrant that said person is familiar with the provisions
of state law and the rules and regulations of the Board which may
be applicable to such license and agrees to abide thereby.
This chapter is subject to mandatory referendum
and shall become effective only if approved by a majority of the electors
voting thereon at the general election of the Town of Liberty to be
held on November 7, 1989.[1] If so approved, this chapter shall become effective immediately
upon filing with the Secretary of State of the State of New York,
in accordance with the requirements of the Municipal Home Rule Law.
[1]
Editor's Note: This local law was approved
at referendum on November 7, 1989.
