[HISTORY: Adopted by the Town Board of the Town of Newburgh: Art.
I, 9-23-1974 as Ch. 12 of the 1974 Municipal Code; Art.
II, 10-4-1976 as L.L. No. 3-1977. Amendments
noted where applicable.]
GENERAL REFERENCES
Public entertainment — See Ch. 98.
[Adopted 9-23-1974 as Ch. 12 of the 1974 Municipal
Code]
The purpose of this Article is to permit the operation of the game of
bingo by authorized organizations in the Town of Newburgh pursuant to Article
1, § 9, of the Constitution of the State of New York and as implemented
by the State Bingo Control Law and the Bingo Licensing Law.[1]
[1]
Editor's Note: See Art. 19-B of the Executive Law and Art. 14-H
of the General Municipal Law., respectively.
It shall be lawful for any authorized organization, as defined in § 476
of Article 14-H of the General Municipal Law of the State of New York, upon
obtaining the required license, to conduct the game of bingo within the territorial
limits of the Town of Newburgh, New York, subject to the provisions of this
Article, Article 14-H of the General Municipal Law, Article 19-B of the Executive
Law and any amendments to said laws.
[1]
Editor's Note: The original ordinance authorizing the conduct
of bingo in the town was adopted by the Town Board on 5-5-1958 and approved
by public referendum of 6-10-1958.
The conduct of bingo games authorized by this Article shall be subject
to the following restrictions:
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[2] or from another authorized organization.
[2]
Editor's Note: See Art. 19-B of the Executive Law.
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 two hundred
fifty dollars ($250.) in any single game of bingo.
F.
No series of prizes on any one (1) bingo occasion shall
aggregate more than one thousand dollars ($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.
I.
The unauthorized conduct of a bingo game and any willful
violation of any provisions of this Article shall constitute and be punishable
as a misdemeanor.
[1]
Editor's Note: See also § 479 of the General Municipal
Law.
The Town Clerk is hereby designated to exercise all of the authority
granted to the Town Board under § 498 of the General Municipal Law
in relation to the issuance, amendment and cancellation of licenses, the conduct
of investigations and hearings, the supervision of the operation of the games
and the collection and transmission of fees.
[Added 2-24-1975 by Ord. No. 75-2]
A.
Games of bingo may be conducted in the town on the first
day of the week, commonly known and designated as "Sunday," provided that
the license to conduct such game so specifies.
B.
Any license issued pursuant to this Article shall specify
that the holding, operating and conducting of the game of bingo on Sunday
is permissible unless the Town Clerk shall determine that the conduct of the
game on Sundays shall interfere with the good order and repose of the neighborhood
where the game is to be conducted.
[Adopted 10-4-1976 as L.L. No. 3-1977[1] ]
[1]
Editor's Note: This local law was approved by public referendum
on 11-8-1977.
The Town Board finds the raising of funds for the promotion of bona
fide charitable, educational, scientific, health, religious and patriotic
causes and undertakings, where the beneficiaries are undetermined, to be in
the public interest and that the mandate of § 9 of Article 1 of
the Constitution of the State of New York, as amended, should be carried out
by rigid regulations to prevent commercialized gambling, prevent participation
by criminal and other undesirable elements and prevent the diversion of funds
from the purposes herein authorized.
This Article is subject and subordinate to all the conditions and provisions
contained in Article 9-A of the General Municipal Law and amendments thereto
and any and all rules and regulations and opinions adopted or to be adopted
by the New York State Racing and Wagering Board.
A.
As used in this Article, the terms "authorized games
of chance lessor," "authorized organization," "authorized supplier of games
of chance equipment," "games of chance," "lawful purposes," "net lease," "net
proceeds," "one (1) occasion" and "prize" shall have the meanings designated
in the definitions set forth in Article 9-A of the General Municipal Law.
B.
LICENSED PERIOD
OFFICER
STATE BOARD
TOWN BOARD
TOWN CLERK
As used in this Article, the following terms shall have
the meanings indicated:
A period of time not to exceed fourteen (14) consecutive hours.
The Chief of Police of the Town of Newburgh.
The New York State Racing and Wagering Board.
The Town Board of the Town of Newburgh.
The Town Clerk of the Town of Newburgh.
C.
Words singular in form may include the plural; words
plural in form may include the singular; and words in the masculine gender
shall include the feminine and neuter genders.
The Town Clerk is hereby delegated the authority granted to the Town
Board by Article 9-A of the General Municipal Law, entitled "Local Option
for Conduct of Games of Chance by Certain Organizations," in relation to the
issuance, amendment and cancellation of licenses, the conduct of investigations
and hearings and the collection and transmission of fees.
No person, firm, association, corporation or organization other than
an authorized organization licensed under the provisions of this Article shall
be permitted to conduct games of chance within the territorial limits of the
Town of Newburgh.
A.
Each applicant for a license, after obtaining an identification
number from the State Board, shall file with the Town Clerk a written application
therefor in a form to be prescribed by the State Board, duly executed and
verified, in which shall be stated:
(1)
The name and address of the applicant, together with
sufficient facts relating to its organization and/or incorporation to enable
the Town Clerk to determine whether or not it is a bona fide authorized organization.
(2)
The names and addresses of its officers and the place
where and the date(s) and time(s) when the applicant intends to conduct games
of chance under the license applied for.
(3)
The amount of rent to be paid or other consideration
to be given directly or indirectly for each occasion for use of the premises
of another authorized organization licensed under this Article to conduct
games of chance or for the use of the premises of an authorized games of chance
lessor.
(4)
All other items of expense intended to be incurred or
paid in connection with the holding, operating and conducting of games of
chance and the names and addresses of the person to whom and the purposes
for which they are to be paid.
(5)
The purposes to which the entire net proceeds of the
games of chance are to be devoted and in what manner and that no commission,
salary, compensation, reward or recompense will be paid to any person for
conducting games of chance or for assisting therein, except as otherwise provided
in Article 9-A of the General Municipal Law.
(6)
That no member of the applicant designated in the application
to conduct games of chance has ever been convicted of a crime or, if convicted,
that he has received a pardon or a certificate of good conduct.
(7)
Any other information as shall be prescribed by the rules
and regulations promulgated by the State Board.
B.
In each application there shall be designated not fewer
than four (4) active members of the applicant organization under whom the
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 the games of chance in accordance with the terms of the
license, Article 9-A of the General Municipal Law, the provisions of this
Article and the rules and regulations of the State Board.
C.
Each applicant for a license to lease premises to a licensed
organization for the purposes of conducting games of chance therein shall
file with the Town Clerk a written application therefor in a form to be prescribed
by the State Board, duly executed and verified, which shall set forth the
name and address of the applicant, designation and address of the premises
intended to be covered by the license sought, a statement that the applicant
in all respects conforms to the specifications contained in the definition
of "authorized organization" set forth in Article 9-A of the General Municipal
Law and any other information as shall be prescribed by the State Board and
the provisions of this Article.
A.
No person, firm, association, corporation or organization other than a licensee under the provisions of this Article shall conduct a game of chance or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, directly or indirectly, except as provided in § 64-11 above.
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 a game of chance.
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
an authorized supplier of games of chance equipment licensed by the State
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 one hundred
dollars ($100.) in any operation or conducting of a single game of chance.
No single wager shall exceed ten dollars ($10.).
F.
No series of prizes on any one (1) occasion of games
of chance shall aggregate more than one thousand dollars ($1,000.).
G.
No person except a bona fide member of any authorized organization, its auxiliary or affiliated organization shall participate in the management or operation of a game of chance as set forth in § 64-18 of this Article.
H.
No person shall receive any remuneration for participating
in the management or operation of any game of chance.
I.
The conduct of games of chance on Sunday is only permitted
when it is specifically provided for in the license issued. No games of chance,
however, shall be conducted on Easter Sunday, Christmas Day or New Year's
Eve.
J.
No hall or other premises shall be used for the conduct
of games of chance unless said hall or premises, where applicable, complies
with the provisions of Title 12, Subpart 36, of the New York Codes, Rules
and Regulations.
A.
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.
B.
If the Town Clerk shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this Article; that the members of the applicant designated in the application to conduct games of chance are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime or, if convicted, have received a pardon or a certificate of good conduct; that such games of chance are to be conducted in accordance with the provisions of this Article and in accordance with the rules and regulations of the State Board and that the proceeds thereof are to be disposed of as provided by this Article; and if the Town Clerk is satisfied that no commission, salary, compensation, reward or recompense whatsoever shall be paid or given to any person holding, operating, conducting or assisting in holding, operating or conducting any games of chance, except as otherwise provided in this Article, and that no prize will be given in excess of the sum or value of one hundred dollars ($100.) in any single game of chance and that the aggregate of all prizes given on one (1) occasion under said license shall not exceed the sum or value of one thousand dollars ($1,000.), 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 forth in Ch. 104, Fees.[1]
C.
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 this Article; that the applicant satisfies the requirements for an authorized games of chance lessor as defined in Article 9-A of the General Municipal Law; that there is a public need and that a public advantage will be served by the issuance of the license; that the applicant has filed its proposed rent for each game of chance occasion; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in Article 9-A of the General Municipal Law; and that the leasing of a hall or premises for the conduct of games of chance is to be in accordance with the provisions of this Article and in accordance with the rules and regulations of the State Board, he shall issue a license permitting the applicant to lease said premises for the conduct of games of chance to the authorized organization set forth in the application during the period therein specified or such shorter period as the Town Clerk shall determine, but not to exceed one (1) year, upon payment of a license fee as set forth in Chapter 104, Fees.
D.
Under this Article, no license shall be issued which
shall be effective for a period of more than one (1) year.
A.
No application for the issuance of a license to an authorized
organization shall be denied by the Town Clerk until after a hearing is held,
upon due notice to the applicant, at which time the applicant shall be entitled
to be heard upon its qualifications and the merits of the application.
B.
Any applicant for or holder of any license hereunder
aggrieved by any action of the officer or of the Town Clerk to whom an application
has been made or by whom a license has been issued may appeal to the State
Board from the determination of the Town Clerk by filing with the Town Clerk
written notice of appeal within thirty (30) days after the determination or
action appealed from and, upon the hearing of such appeal, the evidence, if
any, taken before the Town Clerk and any additional evidence may be produced
and shall be considered in arriving at a determination of the matters in issue.
The action of the State Board upon said appeal shall be binding upon the Town
Clerk and all parties to said appeal.
C.
Any license issued hereunder may be amended upon application
to the Town Clerk if the subject matter of the proposed amendment could lawfully
and properly have been included in the original license and upon payment of
any additional license fee as would have been payable if it had been so included.
A.
Each license to conduct games of chance shall be in a
form as shall be prescribed in the rules and regulations promulgated by the
State Board and shall contain a statement of the name and address of the licensee,
the name and address of each member of the licensee under whom the games of
chance shall be conducted, of the place(s) where and the date(s) and time(s)
when the games of chance are to be conducted and of the purposes to which
the entire net proceeds of the games of chance are to be devoted. If any prizes
are to be given in cash, a statement of the amounts of the prizes authorized
so to be given and any other information which may be required by said rules
and regulations shall be contained therein. Each license issued for the conduct
of any games of chance shall be conspicuously displayed at the place where
the same is to be conducted at all times during conduct thereof.
B.
Each license to lease premises for conducting games of
chance will be in a form as shall be prescribed in the rules and regulations
of the State Board and shall contain a statement of the name and address of
the licensee and the address of the leased premises, the amount of permissible
rent and any other information which may be required by said rules and regulations.
Each license shall be conspicuously displayed upon the premises at all times
during the conduct of the games of chance.
A.
The officer shall have and exercise rigid control and
close supervision over all games of chance conducted under each license, to
the end that the same are fairly conducted in accordance with the provisions
of said license, the provisions of this Article and the provisions of the
rules and regulations promulgated by the State Board. The officer and the
State Board shall have the power and authority to temporarily suspend any
license issued by the Town Clerk pending a hearing. The officer and State
Board shall have the right of entry, by their respective officers and agents,
at all times, into any premises where any game of chance is being conducted
or intended to 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 agent of the appropriate officer shall make an on-site inspection
during the conduct of all games of chance licensed pursuant to this Article.
B.
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 beverage is prohibited.
A.
Within seven (7) days after the conclusion of any licensed
period, the authorized organization which conducted the games of chance 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
him as true, under the penalties of perjury, showing the amount of the gross
receipts derived therefrom, each item of expense incurred or paid, each item
of expenditure made or to be made other than prizes, the name and address
of each person to whom each item of expense of the merchandise purchased or
the services rendered therefor, the net proceeds derived from the conduct
of the games of chance during the license period and the use to which such
proceeds have been or are to be applied and a list of the prizes and the values
thereof offered and given. 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 statement of receipts.
B.
Upon filing the statement of receipts, the authorized
organization furnishing the same shall pay to the Town Clerk as and for an
additional fee a sum of five percent (5%) of the net proceeds, if any, for
the licensed period covered by the statement and determined in accordance
with the schedule as shall be established from time to time by the State Board
or the Town Clerk to defray the cost to the Town of Newburgh of administering
the provisions of this Article.
C.
Examination of records.
(1)
The Town Clerk and the State Board shall have the power
to examine or cause to be examined the books and records of:
(a)
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 the 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 games of chance under any license,
the use of its premises for games of chance or the disposition of the net
proceeds derived from games of chance, as the case may be.
(b)
Any authorized games of chance lessor, so far as the
same 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 said leasing.
(2)
Any information so received shall not be disclosed except
for the purpose of carrying out the provisions of this Article.
A.
No person under the age of eighteen (18) years shall
be permitted to play any game of chance conducted pursuant to any license
issued under this Article. No person under the age of eighteen (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 Article.
B.
No games of chance shall be conducted under any license
issued under this Article more often than twelve (12) times in any calendar
year. Games shall be conducted only between the hours of 12:00 noon and 12:00
midnight on Sunday, Monday, Tuesday, Wednesday and Thursday; only between
the hours of 12:00 noon Friday and 2:00 a.m. Saturday; and only between the
hours of 12:00 noon Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period
shall also apply to a legal holiday.
C.
No person shall hold, operate or conduct any games of
chance under any license issued under this Article 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 games of chance
under any license except 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. At least two (2) 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 such authorized organization or
auxiliary or affiliated organization.
D.
No games of chance shall be conducted with any equipment
except that owned or leased by the authorized organization so licensed or
used without payment of any compensation therefor by the licensee.
E.
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 Article 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 State Board; janitorial services and utility supplies, if
any; license fees; and the cost of bus transportation, if authorized by the
officer.
F.
Not more than two dollars ($2.) shall be charged by any
licensee for admission to any room or place in which any games of chance are
to be conducted under any license issued under this Article. Every winner
shall be determined and every prize shall be awarded and delivered on the
same calendar day as the game was played.
G.
No game of chance conducted or to be conducted in the
Town of Newburgh 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 games by means of newspaper, 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 (1) sign not exceeding
sixty (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 (1) 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.
H.
No person, association, corporation or organization lawfully
conducting or participating in the conduct of games of chance or permitting
the conduct upon any premises owned or leased by him or it under any license
issued hereunder shall be liable to prosecution or conviction for violation
of any provision of Article 225 of the Penal Law or any other law or ordinance
to the extent that such conduct is specifically authorized by this Article.
However, this immunity shall not extend to any person or corporation knowingly
conducting or participating in the conduct of games of chance under any license
obtained by any false pretense or by any false statement made in any application
for a license or otherwise or permitting the conduct upon any premises owned
or leased by him or it of any game of chance conducted under any license known
to him or it to have been obtained by any such false pretense or statement.
I.
Any person, association, corporation or organization who or which shall make any material false statement in any application for any license issued pursuant to this Article; shall pay or receive a rental in excess of the amount specified as the permissive rent in the license provided for in § 64-11 for the use of any premises for conducting games of chance; shall fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; shall falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or shall divert or pay any portion of the net proceeds of any game of chance to any person, association or corporation, except in furtherance of one (1) or more of the lawful purposes defined in this Article, shall be guilty of a misdemeanor and shall forfeit any license issued under this Article and be ineligible to apply for a license under this Article for at least one (1) year thereafter.
J.
Any person, association, corporation or organization
holding, operating or conducting games of chance shall be guilty of a misdemeanor,
except when operating, holding or conducting:
(1)
In accordance with a valid license issued pursuant to
this Article; or
(2)
On behalf of a bona fide organization of persons sixty
(60) years of age or over, commonly referred to as "senior citizens," solely
for the purpose of amusement and recreation of its members where:
(a)
The organization has applied for and received an identification
number from the State Board;
(b)
No player or other person furnishes anything of value
for the opportunity to participate;
(c)
The prizes awarded or to be awarded are nominal;
(d)
No person other than a bona fide active member of the
organization participates in the conduct of the games of chance; and
(e)
No person is paid for conducting or assisting in the
conduct of the games of chance.
K.
No alcoholic beverage, with the exception of beer, shall
be sold at any games of chance.
L.
No alcoholic beverages shall be offered or given as a
prize in any games of chance.
M.
The unauthorized conduct of a game of chance
shall constitute and be punishable as a misdemeanor.
