A01505 Summary:

BILL NOA01505
 
SAME ASSAME AS S01940
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd Gen Muni L, generally
 
Eases certain restrictions on the conducting of games of chance for charitable purposes; authorizes auxiliary members of authorized organizations to operate games of chance; authorizes conducting of games of chance on Sundays; expands advertising of games of chance; eases certain restrictions on the conducting of bingo games for charitable purposes; expands the frequency upon which bingo games may be held; authorizes auxiliary members of authorized organizations to conduct bingo games; authorizes the conducting of bingo games on Sundays; expands advertising of bingo games.
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A01505 Actions:

BILL NOA01505
 
01/12/2015referred to racing and wagering
01/06/2016referred to racing and wagering
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A01505 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1505
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the general municipal law, in relation to the conducting of games of chance and bingo by certain organizations   PURPOSE: The purpose of this bill is two-fold. First, to update the provisions that, governs the conduct of games of chance in New York. Article 9-A of the General Municipal Law was first codified in 1967 and has not been substantially modernized since that date. The operation of games of chance, such as bell jars, raffles, and Las Vegas Nights raise significant revenue for not-for-profit organizations ,that helps to support -heir charitable purposes. However, the significant changes in lifestyles and entertainment venues that have occurred since 1967 is slowly reducing the amount of charitable gaming money that is being raised by charitable organizations to support their charitable purposes. Second, to update the provisions that governs the conduct of bingo games in New York. Article 14-H of the General Municipal Law was first codi- fied in 1957 and has not been substantially modernized since that date. The operation of bingo games raises significant funds for not-for-profit organizations that help to support their charitable purposes. However, again, the light year changes that have occurred in lifestyles and entertainment venues since the late 1950's has substantially curtailed the amount' of bingo money raised by charitable organizations to Support their charitable purposes. The goal of this bill is to modernize .the provisions of Articles 9'-A and 14-H to help stabilize the amount of revenue raised by charitable organizations, such as fire companies, parochial schools, religious organizations, and fraternal organizations, and to enhance their ability to support their designated charitable purposes. Further, the bill attempts to encourage more volunteers to participate in the conduct of games of chance and bingo and to reduce overhead costs that could then be shifted to supporting those designated charitable purposes.   SUMMARY OF PROVISIONS: The first 12 sections of this bill modernize the conduct and management of games of chance. Sections 13 through 22 modernize the regulation of bingo games. Games of Chance Reforms: Section 1: Amends General Municipal Law section 186 to up-date defi- nitions that are used in Article 9-A that govern the regulation of char- itable games such as bell jars, raffles, and Las Vegas nights. Among the definitions that are modified is the inclusion of the term "auxilia- ry member". This definition is currently included in the law, but is buried in the body of the General Municipal Law. In addition, it changes the definition of "one occasion" to increase the series of prize limits from $3,000 to $10,000. Section 2: Amends General Municipal Law section 189 to permit auxiliary members of a charitable organization to participate in the management and operation of such games. This provision was added to reflect the current problem that charitable organizations are facing in securing volunteers to manage and conduct games of chance. This provision also increases a single prize limit from $300 to $400, except for raffles which increased from $250 to $300. For a series of prizes, the values increase from $400 to $500 to reflect the devaluation of the prizes due to inflation. The prize limits set in this section were established in 1976. With inflation since 1976, the prize values have been devalued substantially over the past 35 years. Section 3: Amends General Municipal Law section 190 to reduce the number of bona fide members of an applicant organization that are named to manage the games of chance from 4 to 3. This is needed due to the lack of volunteers available to manage these charitable games. Section 4: Amends the General Municipal- Law section 190-a to include volunteer ambulance workers as being a bona fide authorized organization that. can conduct games of chance. Before 1976, most ambulance companies were organized under a volunteer fire company, However, it is more common now to see ambulance companies that operate free of a volunteer fire company. Section 5: Amends General Municipal Law section 190-a to allow those between the ages of 16 and 18 can help conduct a raffle if accompanied by an adult. Such persons must be either members or auxiliary members of such charitable organization. Section 6: Amends General Municipal Law section 194 to allow for the sale of wine, in addition to the currently authorized sale of beer during the conduct of games of chance events. Drinking patterns have changed since this law was last codified in 1976. The consumption of wine is far more common that it was in the past and should be allowed during the conduct of games of chance. Further, the issuance of beer only licenses for on-premise consumption have declined, to be replaced by licensees that sell both beer and wine. Section 7: Amends General Municipal Law section 195 to change the default on conducting of games of chance on Sunday from being prohibited unless authorized by the local municipality to being permitted unless the local municipality opts to prohibit such games on Sunday. Section 8: Amends General Municipal Law section 195-a to permit those who are 16 to 18 years old, who are either members or auxiliary members of the charitable organization, to help conduct games as long as they are accompanied by an adult. Under current law, children can attend games as long as they are accompanied by an adult. This bill will increase the pool of volunteers that could help to conduct bingo games, provide assistance at the snack stand, or perform other tasks. Since 1967, the world has changed. With the expanded use of the internet, internet gambling, and questionable material that is readily available to children on the internet, it seems outdated that teenagers between the ages of 16 and 18 are prohibited from assisting their parents or other adults in assisting in the conduct of games with other adults. In today's society, there are probably much Worse things that a teenager could be doing than helping a charitable organization conduct a games of chance. Section 9: Amends General Municipal Law section 195-b to increase the frequency at which games can be conducted from 12 to 18 times in any calendar year. Section 10: Amends General Municipal Law section 195-c to reformat this section so that the definition of auxiliary member of a charitable organization is contained not in this section, but shifted to the defi- nitions section contained in bill section one. Section 11: Amends General Municipal Law section 195-e to modernize the types of advertising that can be done to promote game nights. 'It permits the use of emails and government access television broadcasts. Also, it allows volunteer ambulance companies to display signs advertis- ing bingo events as is now the case for volunteer fire companies. When this law was first enacted in 1967, ambulance corps were generally asso- ciated with a fire company. Since then, the free standing volunteer ambulance company is more common so this provision was amended to. include such free standing ambulance squads. Bingo Reforms: Section 12: Amends General Municipal Law section 476 to update defi- nitions that are used in Article 14-H that govern the regulation of bingo games. Among the definitions that are modified is the inclusion of the term "auxiliary member". This definition is currently included in the law, but is buried in the body of the General Municipal Law. This provision slightly increases the number of times the game of bingo can occur. Section 13: Amends General Municipal Law section 479 to permit auxiliary members of a charitable organization to participate in the management and operation of such games. This provision was added to reflect the current problem that charitable organizations are facing in securing volunteers to manage and conduct bingo games. Section 14: Amends General Municipal Law section 481 to update provisions related to slightly increasing the number of times that bingo can be played during the day and consecutive days. Section 15: Amends General Municipal Law section 483 to correct a misspelled word. Section 16: Amends General Municipal Law section 485 to change the default on conducting bingo games on Sunday from being prohibited unless authorized by the local municipality to being permitted unless the local municipality opts to prohibit such games on Sunday. Section 17: Amends General Municipal Law section 486 to permit those who are 16 to 18 years old, who are members or auxiliary members of the sponsoring charitable organization, to help conduct games of, bingo as long as they are accompanied by an adult. Under current law, children can participate in bingo games as long as they are accompanied by an adult. This bill will increase the pool of volunteers that could help to conduct bingo games, provide assistance at the snack stand and handout bingo cards. Since 1957, the world has changed. With the expanded used of the internet, internet gambling, and questionable material that is readily available to children on the internet, it seems outdated that teenagers between the ages of 16 and 18 are prohibited from assisting their parents or other adults in passing out bingo cards to game partic- ipants. In today's society, there are probably much worse things that a teenager could be doing than helping a charitable organization conduct a bingo game in a church basement, firehouse, or fraternal lodge. Section 18: Amends General Municipal Law section 487 to increase the frequency at which bingo games Can be conducted from 18 to 27 days in any three successive calendar months. Section 19: Amends General Municipal Law section 488 to reformat this' section so that the definition of auxiliary member of a charitable organization is contained not in this section, but shifted to the defi- nitions section contained in bill section thirteen. Section 20: Amends General Municipal Law section 490 to modernize the types of advertising that can be done to promote bingo game nights. It permits the Use of emails and government access television broadcasts. Also, it allows volunteer ambulance companies to display signs advertis- ing bingo events as is now the case for volunteer fire companies. When this law was first enacted in 1957, ambulance corps were generally asso- ciated with a fire company. Since then, the free standing volunteer ambulance company is more common so this provision was amended to include such free standing ambulance squads. Section 21: Amends General Municipal Law section 491 to extend from 7 days to 10 days in which file municipal reports on gross receipts from bingo games. Since these reports are prepared and filed by charitable organization volunteers this extension in the time period will in effect give them not just one, but two full weekends to prepare and file reports on gross receipts. Section 22: Effective Date.   JUSTIFICATION: The conduct of games of chance raises substantial funds to support the charitable purposes of those organizations that conduct such games. However, the total amount wagered and more impor- tantly the profit that has been retained by these charitable organiza- tions has been steadily declining. In 2000, total games of chance handle generated in New York was $323,330,000, however in 2010 that total handle declined by approximately $81,000,000 to a total of $242,600,000. More importantly, the profits generated, by these games declined substantially from $53,750,000 in 2000 to $46,530,000 in 2010. That is an annual reduction in support for New York's charitable organizations of $7,220,000. As with games of chance, the conduct of bingo games, in the past, has raised substantial revenue to support the charitable purposes of those organizations that conduct such games. However, the, total amount wagered and more importantly the profit that is retained by these chari- table organizations has been steadily declining. In 2000, total bingo handle generated in New York was $178,011,000, however in 2010 that total handle declined by $104,000,000 to a total of $74,000,000. More importantly, the profits generated by bingo games have imploded from $38,047,000 in 2000 to $10,800,000 in 2010. That is an annual reduction in support for New York's charitable organizations of $27,200,000. There are many reasons for this reduction in revenue generated to support charitable organizations. The most important is the reduced number and pool of volunteers available to conduct and manage such games. This bill addresses this by allowing teenagers over the age of 16 who are members or auxiliary members of such charitable organization, to assist other adults in conducting the games, handing out bingo cards, operating the snack bar, and performing other tasks. Second, the means of advertising bingo games needs to be modernized to include those forms of communication that are more commonly used now, i.e. the internet. Another reason to encourage the financial viability of charitable gaming is that it is an inexpensive night out and social event for many members of the community, including senior citizens, members of charitable or fraternal organizations, school groups, and their friends, neighbors and families. In these difficult economic times, it is important to retain social venues in which members of a community can gather to participate in a regularly scheduled, but reasonably priced, event. The cost to participate in games such as bingo is minimal, but for many, it is a regularly scheduled community event that all can participate in.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: January first after such act shall have become law.
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A01505 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1505
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2015
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Racing and Wagering
 
        AN ACT to amend the general municipal law, in relation to the conducting
          of games of chance and bingo by certain organizations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 4 and 14 of section 186 of the general munici-
     2  pal law, subdivision 4 as amended by chapter 574 of the laws of 1978 and
     3  subdivision  14  as  amended  by  chapter  531  of the laws of 2011, are
     4  amended and a new subdivision 4-a is added to read as follows:
     5    4. "Authorized organization" shall mean  and  include  any  bona  fide
     6  religious or charitable organization or bona fide educational, fraternal
     7  or  service  organization  or  bona  fide organization of veterans [or],
     8  volunteer [firemen] firefighters or volunteer ambulance  workers,  which
     9  by  its  charter,  certificate of incorporation, constitution, or act of
    10  the legislature, shall have among its dominant purposes one or  more  of
    11  the lawful purposes as defined in this article, provided that each shall
    12  operate  without  profit  to  its  members,  and provided that each such
    13  organization has engaged in serving one or more of the  lawful  purposes
    14  as  defined  in  this  article for a period of three years [immediatley]
    15  immediately prior to applying for a license under this article.
    16    No organization shall be deemed an authorized  organization  which  is
    17  formed primarily for the purpose of conducting games of chance and which
    18  does not devote at least seventy-five percent of its activities to other
    19  than  conducting  games of chance. No political party shall be deemed an
    20  authorized organization.
    21    4-a.  "Auxiliary member" shall mean a bona fide member of an organiza-
    22  tion or association which is auxiliary  to  an  authorized  organization
    23  licensed pursuant to this article; or a bona fide member of an organiza-
    24  tion  or association of which an authorized organization licensed pursu-
    25  ant to this article is an auxiliary; or a bona fide member of an  organ-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03919-01-5

        A. 1505                             2
 
     1  ization   or   association   which  is  affiliated  with  an  authorized
     2  organization licensed pursuant to this article by being, with it, auxil-
     3  iary to another organization or association.
     4    14.  "One  occasion"  shall  mean the successive operations of any one
     5  single type of game of chance which results in the awarding of a  series
     6  of  prizes  amounting  to  five  hundred dollars or four hundred dollars
     7  during any one license period, in  accordance  with  the  provisions  of
     8  subdivision eight of section one hundred eighty-nine of this article, as
     9  the  case may be. For purposes of the game of chance known as a merchan-
    10  dise wheel or a raffle, "one occasion" shall mean the  successive  oper-
    11  ations  of  any one such merchandise wheel or raffle for which the limit
    12  on a series of prizes provided by subdivision six of section one hundred
    13  eighty-nine of this article shall apply. For purposes  of  the  game  of
    14  chance  known  as  a  bell jar, "one occasion" shall mean the successive
    15  operation of any one such bell jar, seal card, event game,  coin  board,
    16  or merchandise board which results in the awarding of a series of prizes
    17  amounting  to [three] ten thousand dollars. For the purposes of the game
    18  of chance known as raffle "one occasion"  shall  mean  a  calendar  year
    19  during which successive operations of such game are conducted.
    20    § 2. Subdivisions 5, 6, 8 and 10 of section 189 of the general munici-
    21  pal  law,  subdivisions 5 and 8 as amended by chapter 455 of the laws of
    22  2012, subdivision 6 as amended by chapter 302 of the laws  of  2010  and
    23  subdivision  10  as  amended  by  chapter  574  of the laws of 1978, are
    24  amended to read as follows:
    25    5. No single prize awarded by games of chance other than raffle  shall
    26  exceed the sum or value of [three] four hundred dollars, except that for
    27  merchandise  wheels,  no  single  prize shall exceed the sum or value of
    28  [two] three hundred [fifty] dollars. No single prize awarded  by  raffle
    29  shall exceed the sum or value of one hundred thousand dollars. No single
    30  wager  shall  exceed  six  dollars  and  for  bell jars, coin boards, or
    31  merchandise boards, no single prize shall exceed  five  hundred  dollars
    32  provided, however, that such limitation shall not apply to the amount of
    33  money or value paid by the participant in a raffle in return for a tick-
    34  et  or  other receipt. For coin boards and merchandise boards, the value
    35  of a prize shall be determined by its costs to the authorized  organiza-
    36  tion or, if donated, its fair market value.
    37    6.  No authorized organization shall award a series of prizes consist-
    38  ing of cash or of merchandise with an aggregate value in excess  of  ten
    39  thousand dollars during the successive operations of any one merchandise
    40  wheel,  [and  three thousand dollars during the successive operations of
    41  any] bell jar, coin board, or merchandise board.  No  series  of  prizes
    42  awarded  by  raffle  shall  have  an  aggregate  value in excess of five
    43  hundred thousand dollars. For coin boards and  merchandise  boards,  the
    44  value  of  a  prize  shall  be  determined by its cost to the authorized
    45  organization or, if donated, its fair market value.
    46    8. Except for merchandise wheels and raffles, no series of  prizes  on
    47  any  one  occasion shall aggregate more than [four] five hundred dollars
    48  when the licensed authorized organization conducts five single types  of
    49  games  of  chance  during any one license period. Except for merchandise
    50  wheels, raffles and bell jars, no series of prizes on any  one  occasion
    51  shall aggregate more than five hundred dollars when the licensed author-
    52  ized  organization  conducts  less  than  five  single types of games of
    53  chance, exclusive of merchandise wheels, raffles and bell  jars,  during
    54  any one license period. No authorized organization shall award by raffle
    55  prizes  with  an aggregate value in excess of two million dollars during
    56  any one license period.

        A. 1505                             3
 
     1    10. No person except a bona fide member  of  the  licensed  authorized
     2  organization  or  an auxiliary member of such organization shall partic-
     3  ipate in the management of such games[; no person  except  a  bona  fide
     4  member  of the licensed authorized organization, its auxiliary or affil-
     5  iated  organization, shall participate in the operation of such game, as
     6  set forth in section one hundred ninety-five-c of this article].
     7    § 3. Paragraph (b) of subdivision 1 of  section  190  of  the  general
     8  municipal law, as amended by chapter 574 of the laws of 1978, is amended
     9  to read as follows:
    10    (b) In each application there shall be designated not less than [four]
    11  three  bona  fide  members  of the applicant organization under whom the
    12  game or games of chance will be managed and to the application shall  be
    13  appended  a  statement  executed by the members so designated, that they
    14  will be responsible for the management of such games in accordance  with
    15  the  terms  of the license, the rules and regulations of the board, this
    16  article and the applicable local laws or ordinances.
    17    § 4. Paragraph (a) of subdivision 2 of section 190-a  of  the  general
    18  municipal law, as amended by chapter 400 of the laws of 2005, is amended
    19  to read as follows:
    20    (a)  For the purposes of this section, "authorized organization" shall
    21  mean and include any bona fide religious or charitable  organization  or
    22  bona  fide  educational,  fraternal or service organization or bona fide
    23  organization of veterans [or], volunteer [firefighter]  firefighters  or
    24  volunteer ambulance workers, which by its charter, certificate of incor-
    25  poration,  constitution, or act of the legislature, shall have among its
    26  dominant purposes one or more of the lawful purposes as defined in  this
    27  article, provided that each shall operate without profit to its members,
    28  and  provided  that each such organization has engaged in serving one or
    29  more of the lawful purposes as defined in this article for a  period  of
    30  three  years  immediately  prior to being granted the filing requirement
    31  exemption contained in subdivision one of this section.
    32    § 5. Subdivision 3 of section 190-a of the general municipal  law,  as
    33  added by chapter 400 of the laws of 2005, is amended to read as follows:
    34    3.  No  person  under  the age of eighteen shall be permitted to play,
    35  operate or assist in any raffle  conducted  pursuant  to  this  section;
    36  provided,  however, a member or auxiliary member over the age of sixteen
    37  years, but under the age of eighteen years, shall be permitted to assist
    38  in any raffle conducted pursuant to this section, if accompanied  by  an
    39  adult.
    40    §  6.  Subdivision  3  of section 194 of the general municipal law, as
    41  amended by chapter 550 of the laws  of  1994,  is  amended  to  read  as
    42  follows:
    43    3.  [Service  of  alcoholic  beverages.]  Subject  to  the  applicable
    44  provisions of the alcoholic beverage control law, beer and wine  may  be
    45  offered  for  sale  during  the  conduct  of games of chance on games of
    46  chance premises as such premises are defined in subdivision nineteen  of
    47  section  one hundred eighty-six of this article; provided, however, that
    48  nothing herein shall be construed to limit the offering for sale of  any
    49  other  alcoholic  beverage in areas other than the games of chance prem-
    50  ises or the sale of any other alcoholic beverage in premises where  only
    51  the games of chance known as bell jar or raffles are conducted.
    52    §  7.  Section 195 of the general municipal law, as amended by chapter
    53  461 of the laws of 2003, is amended to read as follows:
    54    § 195. Sunday; conduct of games on. Except as provided in section  one
    55  hundred  ninety-five-b of this article, [no] games of chance [shall] may
    56  be conducted under any license issued under this article  on  the  first

        A. 1505                             4
 
     1  day  of  the  week,  commonly  known and designated as Sunday, unless it
     2  shall be otherwise provided in the license  issued  for  the  conducting
     3  thereof,  pursuant to the provisions of a local law or an ordinance duly
     4  adopted by the governing body of the municipality wherein the license is
     5  issued,  [authorizing]  prohibiting the conduct of games of chance under
     6  this article on that day [only between the hours of noon and  midnight].
     7  Notwithstanding  the  foregoing  provisions  of this section no games of
     8  chance shall be conducted on Easter Sunday or Christmas Day.
     9    § 8. Section 195-a of the general municipal law, as amended by chapter
    10  574 of the laws of 1978, is amended to read as follows:
    11    § 195-a. Participation by persons under eighteen. No person under  the
    12  age  of  eighteen  years shall be permitted to play any game or games of
    13  chance conducted pursuant to any  license  issued  under  this  article.
    14  Persons under the age of eighteen years may be permitted to attend games
    15  of  chance at the discretion of the games of chance licensee.  No person
    16  under the age of eighteen years shall be permitted to operate  any  game
    17  of chance conducted pursuant to any license issued under this article or
    18  to  assist therein; provided, however, that a member or auxiliary member
    19  who is under the age of eighteen years and who is sixteen years  of  age
    20  or  older  shall  be permitted to assist in the operation of any game of
    21  chance if accompanied by an adult.
    22    § 9. Section 195-b of the general municipal law, as amended by chapter
    23  252 of the laws of 1998, is amended to read as follows:
    24    § 195-b. Frequency of games. No game or  games  of  chance,  shall  be
    25  conducted  under  any  license issued under this article more often than
    26  [twelve] eighteen times in any calendar  year.  No  particular  premises
    27  shall  be  used  for the conduct of games of chance on more than twenty-
    28  four license periods during  any  one  calendar  year.  Games  shall  be
    29  conducted only between the hours of noon and midnight on Sunday, Monday,
    30  Tuesday,  Wednesday  and Thursday, and only between the hours of noon on
    31  Friday and two A.M.  Saturday, and only between the  hours  of  noon  on
    32  Saturday  and  two A.M.   Sunday. The two A.M. closing period shall also
    33  apply to a legal holiday.  The above restrictions shall not  apply  when
    34  only the games of chance known as bell jar and/or raffle are conducted.
    35    §  10. Section 195-c of the general municipal law, as amended by chap-
    36  ter 252 of the laws of 1998, is amended to read as follows:
    37    § 195-c. [1.] Persons operating games;  equipment;  expenses;  compen-
    38  sation.  1. No person shall operate any game of chance under any license
    39  issued  under this article except a bona fide member or auxiliary member
    40  of the authorized organization to which the license  is  issued[,  or  a
    41  bona fide member of an organization or association which is an auxiliary
    42  to  the licensee or a bona fide member of an organization or association
    43  of which such licensee is an auxiliary or  a  bona  fide  member  of  an
    44  organization  or  association  which  is affiliated with the licensee by
    45  being, with it, auxiliary to another organization or association]. Noth-
    46  ing herein shall be construed to limit the number  of  games  of  chance
    47  licensees  for  whom  such  persons  may  operate games of chance nor to
    48  prevent non-members from assisting the licensee in  any  activity  other
    49  than  managing  or operating games. No game of chance shall be conducted
    50  with any equipment except such as  shall  be  owned  or  leased  by  the
    51  authorized  organization  so  licensed  or  used  without payment of any
    52  compensation therefor by the licensee. However, in no event  shall  bell
    53  jar  tickets be transferred from one authorized organization to another,
    54  with or without payment of any compensation thereof. The head  or  heads
    55  of  the  authorized organization shall upon request certify, under oath,
    56  that the persons operating any game of chance are bona fide or auxiliary

        A. 1505                             5
 
     1  members of such authorized organization, auxiliary or affiliated  organ-
     2  ization.  Upon  request  by an officer or the department any such person
     3  involved in such games of chance shall certify that he  or  she  has  no
     4  criminal  record.  No  items  of  expense  shall  be incurred or paid in
     5  connection with the conducting of any game of  chance  pursuant  to  any
     6  license  issued  under this article except those that are reasonable and
     7  are necessarily expended for games of  chance  supplies  and  equipment,
     8  prizes,  security  personnel,  stated  rental  if  any,  bookkeeping  or
     9  accounting services according to a schedule of  compensation  prescribed
    10  by  the  board,  janitorial  services  and  utility supplies if any, and
    11  license fees, and the cost of bus transportation, if authorized by  such
    12  clerk  or  department.  No commission, salary, compensation[,] or reward
    13  [or recompense] shall be paid or given to any person  for  the  sale  or
    14  assisting with the sale of raffle tickets.
    15    2.  For the purpose of the sale of tickets for the game of raffle, the
    16  term "operate" shall not include the sale of such tickets by persons  of
    17  lineal or collateral consanguinity to members of an authorized organiza-
    18  tion licensed to conduct a raffle.
    19    § 11.  Section 195-e of the general municipal law, as amended by chap-
    20  ter 94 of the laws of 1981, is amended to read as follows:
    21    §  195-e.  Advertising  games. A licensee may advertise the conduct of
    22  games of chance to the general public by means of  newspaper,  circular,
    23  handbill  [and],  poster, electronic mail, electronic communications and
    24  government access television broadcasts, and by one sign  not  exceeding
    25  sixty  square feet in area, which may be displayed on or adjacent to the
    26  premises owned or occupied by a licensed  authorized  organization,  and
    27  when  an organization is licensed to conduct games of chance on premises
    28  of an authorized games of chance lessor, one additional such sign may be
    29  displayed on or adjacent to the premises in which the games  are  to  be
    30  conducted.    Additional  signs  may be displayed upon any fire fighting
    31  equipment belonging to any licensed authorized organization which  is  a
    32  volunteer  fire  company, or upon any equipment of a first aid or rescue
    33  squad, or volunteer ambulance company in and  throughout  the  community
    34  served by such volunteer fire company or such first aid or rescue squad,
    35  or  volunteer  ambulance company, as the case may be. All advertisements
    36  shall be limited to the description of such event as "Games  of  chance"
    37  or "Las Vegas Night", the name of the authorized organization conducting
    38  such  games,  the  license  number  of  the  authorized  organization as
    39  assigned by the clerk or department and the date, location and  time  of
    40  the event.
    41    § 12. Subdivisions 10 and 11-a of section 476 of the general municipal
    42  law,  subdivision  10  as amended by chapter 364 of the laws of 1968 and
    43  subdivision 11-a as added by chapter  160  of  the  laws  of  1994,  are
    44  amended and a new subdivision 4-a is added to read as follows:
    45    4-a.  "Auxiliary member" shall mean a bona fide member of an organiza-
    46  tion  or  association  which  is auxiliary to an authorized organization
    47  licensed pursuant to this article; or a bona fide member of an organiza-
    48  tion or association of which an authorized organization licensed  pursu-
    49  ant  to this article is an auxiliary; or a bona fide member of an organ-
    50  ization  or  association  which  is  affiliated   with   an   authorized
    51  organization licensed pursuant to this article by being, with it, auxil-
    52  iary to another organization or association.
    53    10.  "Limited  period  bingo"  shall  mean  the  conduct of bingo by a
    54  licensed authorized organization, for a period of not more than  [seven]
    55  ten  of  [twelve]  fourteen  consecutive  days  in  any  one  year, at a
    56  festival,  bazaar,  carnival  or  similar  function  conducted  by  such

        A. 1505                             6
 
     1  licensed authorized organization. No authorized organization licensed to
     2  conduct  limited  period  bingo  shall  be otherwise eligible to conduct
     3  bingo pursuant to this article in the same year.
     4    11-a.  "Early  bird"  shall  mean  a  bingo  game which is played as a
     5  special game, conducted not more than [twice] three times during a bingo
     6  occasion, in which prizes are awarded based upon  a  percentage  not  to
     7  exceed  seventy-five  percent of the sum of money received from the sale
     8  of the early bird cards and which is neither subject to the prize limits
     9  imposed by subdivisions five and six of section  four  hundred  seventy-
    10  nine and paragraph (a) of subdivision one of section four hundred eight-
    11  y-one,  nor the special game opportunity charge limit imposed by section
    12  four hundred eighty-nine of this article. The percentage shall be speci-
    13  fied both in the application for bingo license and the license. Not more
    14  than [one dollar] two dollars shall be charged per card with  the  total
    15  amount collected from the sale of the early bird cards and the prize for
    16  each game to be announced before the commencement of each game.
    17    §  13.    Subdivisions 3 and 7 of section 479 of the general municipal
    18  law, subdivision 3 as amended by chapter 337 of the  laws  of  1998  and
    19  subdivision 7 as amended by chapter 814 of the laws of 1964, are amended
    20  to read as follows:
    21    3.  No  authorized  organization licensed under the provisions of this
    22  article shall purchase, lease, or  receive  any  supplies  or  equipment
    23  specifically  designed  or adapted for use in the conduct of bingo games
    24  from other than a supplier licensed under [the bingo control law]  arti-
    25  cle nineteen-B of the executive law or from another authorized organiza-
    26  tion.
    27    7. No person except a bona fide member or auxiliary member of any such
    28  organization  shall  participate  in the management or operation of such
    29  game.
    30    § 14. Subdivision 3 of section 481 of the general  municipal  law,  as
    31  amended  by  chapter  284  of  the  laws  of 1969, is amended to read as
    32  follows:
    33    3. No license shall be issued under this article which shall be effec-
    34  tive for a period of more than one year. In the case of  limited  period
    35  bingo,  no license shall be issued authorizing the conduct of such games
    36  on more than [two] three occasions in any one day nor shall any  license
    37  be  issued  under  this article which shall be effective for a period of
    38  more than [seven] ten of [twelve] fourteen consecutive days in  any  one
    39  year. No license for the conduct of limited period bingo shall be issued
    40  in cities having a population of one million or more.
    41    §  15.  Subdivision  1 of section 483 of the general municipal law, as
    42  amended by chapter 438 of the laws  of  1962,  is  amended  to  read  as
    43  follows:
    44    1.  [Eeach]  Each  license  to  conduct bingo shall be in such form as
    45  shall be prescribed in the rules  and  regulations  promulgated  by  the
    46  control  commission,  and  shall  contain  a  statement  of the name and
    47  address of the licensee, of the names and addresses  of  the  member  or
    48  members  of  the licensee under whom the games will be conducted, of the
    49  place or places where and the date or dates and time or times when  such
    50  games  are  to  be  conducted  and of the specific purposes to which the
    51  entire net proceeds of such games are to be devoted;  if  any  prize  or
    52  prizes  are  to be offered and given in cash, a statement of the amounts
    53  of the prizes authorized so to be  offered  and  given;  and  any  other
    54  information  which  may  be required by said rules and regulations to be
    55  contained therein, and each license issued for the conduct of  any  game

        A. 1505                             7
 
     1  shall  be  conspicuously  displayed  at  the  place  where same is to be
     2  conducted at all times during the conduct thereof.
     3    §  16. Section 485 of the general municipal law, as amended by chapter
     4  438 of the laws of 1962, is amended to read as follows:
     5    § 485. Sunday; conduct of games on. [No games] Games of bingo  [shall]
     6  may  be  conducted  under  any  license issued under this article on the
     7  first day of the week, commonly known as [designated as] Sunday,  unless
     8  it  shall  be  otherwise provided in the license issued for the holding,
     9  operating and conducting thereof, pursuant to the provisions of a  local
    10  law  or  an  ordinance duly adopted by the governing body of the munici-
    11  pality issuing the license, [authorizing]  prohibiting  the  conduct  of
    12  bingo under this article on that day.
    13    §  17. Section 486 of the general municipal law, as amended by chapter
    14  438 of the laws of 1962, is amended to read as follows:
    15    § 486. Participation by persons under eighteen. No  person  under  the
    16  age  of  eighteen  years shall be permitted to play any game or games of
    17  bingo conducted pursuant to any license issued under this article unless
    18  accompanied by an adult. No person under the age of eighteen years shall
    19  be permitted to conduct or assist in the conduct of any  game  of  bingo
    20  conducted  pursuant  to any license issued under this article; provided,
    21  however, that a member or auxiliary member who is under the age of eigh-
    22  teen years and who is sixteen years of age or older shall  be  permitted
    23  to  assist  in  the  conduct  of  any game of bingo if accompanied by an
    24  adult.
    25    § 18. Section 487 of the general municipal law, as amended by  chapter
    26  72 of the laws of 1982, is amended to read as follows:
    27    §  487.  Frequency  of  game;  sale of alcoholic beverages. No game or
    28  games of bingo, except limited period bingo, shall  be  conducted  under
    29  any  license  issued  under  this  article more often than on [eighteen]
    30  twenty-seven days in any three successive calendar months.   No game  or
    31  games  of  limited  period bingo shall be conducted between the hours of
    32  twelve midnight postmeridian and noon, and no more than sixty games  may
    33  be  conducted on any single occasion of limited period bingo. No game or
    34  games of bingo shall be conducted in any  room  or  outdoor  area  where
    35  alcoholic  beverages are sold, served or consumed during the progress of
    36  the game or games.
    37    § 19. Subdivision 1 of section 488 of the general  municipal  law,  as
    38  amended  by  chapter  337  of  the  laws  of 1998, is amended to read as
    39  follows:
    40    1. No person shall hold, operate or conduct any game  of  bingo  under
    41  any  license  issued  under  this  article  except a bona fide member or
    42  auxiliary member of the authorized organization to which the license  is
    43  issued[, and]. Furthermore, no person shall assist in the holding, oper-
    44  ating  or conducting of any game of bingo under such license except such
    45  a bona fide member or [a bona fide] auxiliary member [of an organization
    46  or association which is an auxiliary to the  licensee  or  a  bona  fide
    47  member  of  an  organization or association of which such licensee is an
    48  auxiliary or a bona fide member of an organization or association  which
    49  is  affiliated with the licensee by being, with it, auxiliary to another
    50  organization or association and except  bookkeepers  or  accountants  as
    51  hereinafter  provided].  Provided,  however,  any  person may assist the
    52  licensed organization in any activity related to the game of bingo which
    53  does not actually involve the holding, conducting, managing or operating
    54  of such game of bingo. No game of bingo  shall  be  conducted  with  any
    55  equipment  except  such  as  shall  be owned absolutely or leased by the
    56  authorized organization so licensed  or  used  without  payment  of  any

        A. 1505                             8
 
     1  compensation therefor by the licensee.  Lease terms and conditions shall
     2  be subject to rules and regulations promulgated by the board. This arti-
     3  cle  shall  not be construed to authorize or permit an authorized organ-
     4  ization  to  engage  in the business of leasing bingo supplies or equip-
     5  ment. No items of expense shall be incurred or paid in  connection  with
     6  the conducting of any game of bingo pursuant to any license issued under
     7  this  article,  except  those  that  are  reasonable and are necessarily
     8  expended for bingo supplies and equipment, prizes, stated rental if any,
     9  bookkeeping or accounting services according to a  schedule  of  compen-
    10  sation  prescribed  by  the  commission, janitorial services and utility
    11  supplies if any, and license fees, and the cost of  bus  transportation,
    12  if authorized by the control commission.
    13    §  20. Section 490 of the general municipal law, as amended by chapter
    14  99 of the laws of 1988, is amended to read as follows:
    15    § 490. Advertising of  bingo  games.  A  licensee  may  advertise  the
    16  conduct  of an occasion of bingo to the general public by means of news-
    17  paper, radio, circular, handbill [and], poster, electronic  mail,  elec-
    18  tronic  communications  and government access television broadcasts, and
    19  by one sign not exceeding sixty  square  feet  in  area,  which  may  be
    20  displayed on or adjacent to the premises owned or occupied by a licensed
    21  authorized organization, and when an organization is licensed to conduct
    22  bingo occasions on the premises of another licensed authorized organiza-
    23  tion or of a licensed commercial lessor, one additional such sign may be
    24  displayed  on  or adjacent to the premises in which the occasions are to
    25  be conducted. Additional signs may be displayed  upon  any  firefighting
    26  equipment  belonging  to any licensed authorized organization which is a
    27  volunteer fire company, or upon any equipment of a first aid  or  rescue
    28  squad,  or  volunteer  ambulance company in and throughout the community
    29  served by such volunteer fire company or such first aid or rescue squad,
    30  or volunteer ambulance company, as the case may be.  All  advertisements
    31  shall  be  limited to the description of such event as "bingo", the name
    32  of the licensed authorized organization conducting such  occasions,  the
    33  license  number  of the authorized organization as assigned by the clerk
    34  and the date, location and time of the bingo occasion.
    35    § 21. Subdivision 1 of section 491 of the general  municipal  law,  as
    36  amended  by  chapter  667  of  the  laws  of 1980, is amended to read as
    37  follows:
    38    1. Within [seven] ten days after the conclusion  of  any  occasion  of
    39  bingo,  the  authorized  organization  which conducted the same, and its
    40  members who were in charge thereof, and when applicable  the  authorized
    41  organization  which  rented its premises therefor, shall each furnish to
    42  the clerk of the municipality a statement subscribed by  the  member  in
    43  charge and affirmed by him or her as true, under the penalties of perju-
    44  ry,  showing the amount of the gross receipts derived therefrom and each
    45  item of expense incurred, or paid, and each item of expenditure made  or
    46  to  be  made, the name and address of each person to whom each such item
    47  has been paid, or is to be paid, with  a  detailed  description  of  the
    48  merchandise  purchased  or  the  services  rendered  therefor,  the  net
    49  proceeds derived from such game or rental, as the case may be,  and  the
    50  use  to which such proceeds have been or are to be applied and a list of
    51  prizes offered and given, with the respective  values  thereof,  and  it
    52  shall  be  the duty of each licensee to maintain and keep such books and
    53  records as may be necessary to substantiate the particulars of each such
    54  statement and within fifteen days after the end of each calendar quarter
    55  during which there has been any occasion of bingo, a  summary  statement

        A. 1505                             9
 
     1  of such information, in form prescribed by the state, shall be furnished
     2  in the same manner to the [state racing and wagering] board.
     3    § 22. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law.
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