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A09433 Summary:

BILL NOA09433
 
SAME ASNo Same As
 
SPONSORWoerner
 
COSPNSR
 
MLTSPNSR
 
Amd §§1 & 10, add §9-a, Chap of 2025; amd §§186, 188-a, 189, 189-a, 195-c, 195-o & 195-q, Gen Muni L (as proposed in S.6351-B & A.7475-B)
 
Relates to the authorization and regulation of the use of electronic bell jar vending machines; relates to the effectiveness thereof.
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A09433 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9433
 
                   IN ASSEMBLY
 
                                     January 6, 2026
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Racing and Wagering
 
        AN ACT to amend the general municipal law,  in  relation  to  electronic
          bell  jar  games;  to amend a chapter of the laws of 2025 amending the
          general municipal law  relating  to  electronic  bell  jar  games,  as
          proposed  in  legislative  bills  numbers  S. 6351-B and A. 7475-B, in
          relation to the legislative finding and purpose and the  effectiveness
          thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1 of a chapter of the laws  of  2025  amending  the
     2  general municipal law relating to electronic bell jar games, as proposed
     3  in legislative bills numbers S. 6351-B and A. 7475-B, is amended to read
     4  as follows:
     5    Section 1. Legislative findings and purpose. 1. The legislature hereby
     6  finds that:
     7    (a)  bell jar games are a popular and profitable fundraising mechanism
     8  for bona fide not-for-profit organizations across the state,  generating
     9  millions of dollars in net revenues for charitable purposes every year;
    10    (b) [authorized] organizations that offer bell jars and other games of
    11  chance  must  meet  strict  standards  established by the New York state
    12  general municipal law and the New York state gaming commission,  includ-
    13  ing receiving a license to conduct charitable gaming activities; and
    14    (c)  while  other  types of gaming in New York state have continued to
    15  expand and improve, the operation of charitable  gaming  activities  has
    16  largely remained the same over the last several decades.
    17    2. (a) For the aforementioned reasons, the legislature hereby declares
    18  that  [authorized]  veteran  organizations  and volunteer fire companies
    19  licensed [by the New York state gaming commission] to conduct charitable
    20  gaming would greatly benefit from the ability to operate electronic bell
    21  jar vending machines, which display and dispense  pre-printed  bell  jar
    22  tickets  that  have  predetermined  winners and predetermined values for
    23  prizes, in order to help increase charitable gaming profits  across  the
    24  state and attract more members to join such organizations; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10856-04-6

        A. 9433                             2
 
     1    (b)  Provided  further, the legislature also declares that this legis-
     2  lation includes appropriate safeguards to ensure  that  electronic  bell
     3  jar  vending  machines remain a limited and controlled fundraising tool,
     4  distinct from video lottery terminals or slot  machines  in  design  and
     5  function.  The  machines  authorized  herein  may  only  be  operated by
     6  licensed [and  authorized]  veteran  organizations  and  volunteer  fire
     7  companies,  are  limited  pursuant to the provisions of subdivision 6 of
     8  section 195-c of the general municipal law in order to prohibit  casino-
     9  like  gaming  parlors,  and are [primarily] solely for use by members of
    10  such [authorized] veteran organizations and volunteer fire companies.
    11    § 2. Subdivision 3-a of section 186 of the general municipal  law,  as
    12  amended  by a chapter of the laws of 2025 amending the general municipal
    13  law relating to electronic bell jar games, as  proposed  in  legislative
    14  bills  numbers S. 6351-B and A. 7475-B, is amended and four new subdivi-
    15  sions 2-a, 22, 23, and 24 are added to read as follows:
    16    2-a. "Commission" means the New York state gaming commission.
    17    3-a. "Bell jars" shall mean and include those games in which a partic-
    18  ipant shall draw a card from a jar, vending machine, including an  elec-
    19  tronic  bell  jar vending machine, or other suitable device or container
    20  which contains numbers, colors or symbols that are  covered  and  which,
    21  when uncovered, may reveal that a prize shall be awarded on the basis of
    22  a  designated winning number, color or symbol or combination of numbers,
    23  colors or symbols. Bell jars shall also include seal cards, coin boards,
    24  event games, and merchandise boards. [An  electronic  bell  jar  vending
    25  machine  shall  track  the sales of tickets and any other information as
    26  required by the commission and report such sales and  other  information
    27  to  the commission, use electronic features to display and dispense pre-
    28  printed bell jar tickets, and may include audio and  video  features  to
    29  display  information  about a ticket being dispensed, provided that such
    30  features shall not affect the outcome of the game.]
    31    22. "Gaming facility" means any commercial casino licensed pursuant to
    32  article thirteen of the racing, pari-mutuel wagering and  breeding  law,
    33  or  a  video lottery gaming facility operating pursuant to article thir-
    34  ty-four of the tax law. Locations of  such  facilities  shall  be  those
    35  identified by the commission.
    36    23.  "Veteran organization" means a members-only organization compris-
    37  ing veterans and their family members, where the organization's focus is
    38  on the support of and advocacy for veterans and military service members
    39  and that is licensed to operate bell jar games as of November thirtieth,
    40  two thousand twenty-five and shall not include any  auxiliary  organiza-
    41  tions.
    42    24.  "Volunteer  fire company" shall mean a fire company as defined in
    43  subdivision two of section three of the volunteer firefighters'  benefit
    44  law,  and  whose  members  provide  firefighting services on a volunteer
    45  basis.
    46    § 3. Subdivision 9 of section 188-a of the general municipal  law,  as
    47  amended  by a chapter of the laws of 2025 amending the general municipal
    48  law relating to electronic bell jar games, as  proposed  in  legislative
    49  bills numbers S. 6351-B and A. 7475-B, is amended to read as follows:
    50    9.  (a) The commission shall have the power to approve and establish a
    51  standard set of games of chance equipment and shall  by  its  rules  and
    52  regulations  prescribe  the  manner  in  which  such  equipment is to be
    53  reproduced and distributed to  licensed  authorized  organizations.  The
    54  sale or distribution to a licensed authorized organization of any equip-
    55  ment  other  than  that contained in the standard set of games of chance
    56  equipment shall constitute a violation of this section.

        A. 9433                             3
 
     1    (b) [After the effective date of this  paragraph,  no]  No  electronic
     2  bell  jar vending machine shall be sold, leased, distributed, installed,
     3  or operated by any manufacturer, distributor, or charitable organization
     4  until such machine has been approved by the commission.   No  electronic
     5  bell  jar vending machine shall be approved by the commission unless the
     6  operation of the game demonstrates that there is  a  finite  probability
     7  basis of having a predetermined quantity of chances among which there is
     8  a  predetermined  quantity of winners that pay a fixed and predetermined
     9  value of prizes, regardless of the symbols that are used  or  how  those
    10  symbols are displayed on pre-printed bell jar tickets.
    11    (c) The commission shall promulgate such rules and regulations as [may
    12  be]  the  commission deems necessary for the approval and implementation
    13  of electronic bell  jar  vending  machine  gaming.  The  commission  may
    14  revoke, suspend, or condition approval of an electronic bell jar vending
    15  machine.  [Upon  request for authorization, the commission shall approve
    16  or deny such request within thirty days.] If the commission denies  such
    17  request  for  approval,  it  shall provide the reasons for such determi-
    18  nation.
    19    § 4. Subdivision 3 of section 189 of the  general  municipal  law,  as
    20  amended  by a chapter of the laws of 2025 amending the general municipal
    21  law relating to electronic bell jar games, as  proposed  in  legislative
    22  bills numbers S. 6351-B and A. 7475-B, is amended to read as follows:
    23    3.  No  authorized  organization licensed under the provisions of this
    24  article shall purchase, lease, or  receive  any  supplies  or  equipment
    25  specifically  designed  or  adapted  for  use in the conduct of games of
    26  chance from other than a supplier licensed by  the  commission  or  from
    27  another  authorized  organization.  Lease  terms and conditions shall be
    28  subject to rules and regulations  promulgated  by  the  commission.  The
    29  provisions of this article shall not be construed to authorize or permit
    30  an authorized organization to engage in the business of leasing games of
    31  chance,  supplies,  or  equipment.  Furthermore,  no  organization shall
    32  purchase bell jar tickets or deals of  bell  jar  tickets,  or  purchase
    33  [or], lease or utilize any electronic bell jar vending machine, from any
    34  other  person  or  organization other than those specifically authorized
    35  under sections one hundred ninety-five-n and one  hundred  ninety-five-o
    36  of this article.
    37    §  5.  The opening paragraph of section 189-a of the general municipal
    38  law, as amended by a chapter of the laws of 2025  amending  the  general
    39  municipal  law  relating  to  electronic  bell jar games, as proposed in
    40  legislative bills numbers S. 6351-B and A. 7475-B, is amended to read as
    41  follows:
    42    No person, firm, partnership, corporation or organization, shall  sell
    43  or distribute supplies or equipment specifically designed or adapted for
    44  use  in  conduct  of  games  of  chance  without having first obtained a
    45  license therefor upon written application made, verified and filed  with
    46  the  commission  in  the form prescribed by the rules and regulations of
    47  the commission.  As a part of its determination  concerning  the  appli-
    48  cant's  suitability  for  licensing  as  a games of chance supplier, the
    49  commission shall require the applicant to furnish to the commission  two
    50  sets of fingerprints.  Such fingerprints shall be submitted to the divi-
    51  sion  of  criminal  justice services for a state criminal history record
    52  check, as defined in subdivision one of section three  thousand  thirty-
    53  five of the education law, and may be submitted to the federal bureau of
    54  investigation  for a national criminal history record check. Manufactur-
    55  ers of bell jar tickets shall be considered suppliers of such equipment.
    56  In each such application for a license under this section shall be stat-

        A. 9433                             4
 
     1  ed the name and address of the applicant; the names and addresses of its
     2  officers, directors, shareholders  or  partners;  the  amount  of  gross
     3  receipts realized on the sale and rental of games of chance supplies and
     4  equipment  to  duly  licensed  authorized  organizations during the last
     5  preceding calendar or fiscal year, and such other information  as  shall
     6  be  prescribed  by  such rules and regulations. The fee for such license
     7  shall be a sum equal to twenty-five dollars plus an amount equal to  two
     8  per  centum  of  the gross sales and rentals, if any, of games of chance
     9  equipment and supplies to authorized organizations or  authorized  games
    10  of  chance  lessors by the applicant during the preceding calendar year,
    11  or fiscal year if the applicant maintains their  accounts  on  a  fiscal
    12  year basis; provided, however, that for manufacturers of electronic bell
    13  jar  vending  machines,  the fee for such license shall be an additional
    14  one thousand dollars.  No license granted pursuant to the provisions  of
    15  this section shall be effective for a period of more than one year.
    16    § 6. Section 195-c of the general municipal law, as amended by a chap-
    17  ter  of  the laws of 2025 amending the general municipal law relating to
    18  electronic bell jar games, as proposed in legislative bills  numbers  S.
    19  6351-B and A. 7475-B, is amended to read as follows:
    20    §  195-c.  Persons operating games; equipment; expenses; compensation.
    21  1. No person shall operate any game of chance under any  license  issued
    22  under this article except a bona fide member of the authorized organiza-
    23  tion  to which the license is issued, or a bona fide member of an organ-
    24  ization or association which is an auxiliary to the licensee or  a  bona
    25  fide  member of an organization or association of which such licensee is
    26  an auxiliary or a bona fide member of  an  organization  or  association
    27  which  is  affiliated  with the licensee by being, with it, auxiliary to
    28  another organization or association. Nothing herein shall  be  construed
    29  to  limit  the number of games of chance licensees for whom such persons
    30  may operate games of chance nor to prevent  non-members  from  assisting
    31  the  licensee in any activity other than managing or operating games. No
    32  game of chance shall be conducted with  any  equipment  except  such  as
    33  shall  be  owned or leased by the authorized organization so licensed or
    34  used without payment of  any  compensation  therefor  by  the  licensee.
    35  However,  in  no  event  shall  bell jar tickets be transferred from one
    36  authorized organization to another,  with  or  without  payment  of  any
    37  compensation  thereof.  The head or heads of the authorized organization
    38  shall upon request certify, under oath, that the persons  operating  any
    39  game  of  chance  are bona fide members of such authorized organization,
    40  auxiliary or affiliated organization. Upon request by an officer or  the
    41  department any such person involved in such games of chance shall certi-
    42  fy  that  they  have  no  criminal  record. No items of expense shall be
    43  incurred or paid in connection with the conducting of any game of chance
    44  pursuant to any license issued under this article except those that  are
    45  reasonable and are necessarily expended for games of chance supplies and
    46  equipment, prizes, security personnel, stated rental if any, bookkeeping
    47  or   accounting   services  according  to  a  schedule  of  compensation
    48  prescribed by the commission, janitorial services and  utility  supplies
    49  if any, and license fees, and the cost of bus transportation, if author-
    50  ized  by  such clerk or department. No commission, salary, compensation,
    51  reward or recompense shall be paid or given to any person for  the  sale
    52  or assisting with the sale of raffle tickets.
    53    2.  For the purpose of the sale of tickets for the game of raffle, the
    54  term "operate" shall not include the sale of such tickets by persons  of
    55  lineal or collateral consanguinity to members of an authorized organiza-
    56  tion licensed to conduct a raffle.

        A. 9433                             5
 
     1    3.  Each electronic bell jar vending machine that has been approved by
     2  the commission pursuant to paragraph (b) of subdivision nine of  section
     3  one hundred eighty-eight-a of this article shall do the following:
     4    (a)  read  a  barcode  or similar form of encryption or marking on the
     5  pre-printed bell jar ticket;
     6    (b) reveal results;
     7    (c) verify if a bell jar ticket is redeemable for a prize;
     8    (d) electronically aggregate winning prizes for continued play;
     9    (e) produce a voucher for prize redemption or proof of purchase;
    10    (f) track the sales of tickets and any other information  as  required
    11  by  the  commission  and  report such sales and other information to the
    12  commission;
    13    (g) prohibit spinning reels or other  representations  or  audiovisual
    14  features that mimic a video lottery terminal or slot machine;
    15    (h)  prohibit  any  electronic user interface that mimics a video slot
    16  machine;
    17    (i) prohibit free plays, bonus games, multipliers, jackpots; provided,
    18  however, that for purposes of   this  paragraph,  the    prohibition  on
    19  "jackpots"  shall  not  include  prizes  that may be won on the bell jar
    20  ticket itself, subject to limitations set forth in  regulations  promul-
    21  gated by the commission, discounts, promotions, special offers, or simi-
    22  lar incentives to initiate or prolong player engagement;
    23    (j)  prohibit  any feature that simulates skill or allows player input
    24  to influence the outcome of a predetermined result;
    25    (k) prohibit the display of near-miss  outcomes  that  may  mislead  a
    26  player into believing a win was narrowly missed; [and]
    27    (l)  track  the sales of tickets and any other information as required
    28  by the commission and report such sales and  other  information  to  the
    29  commission;
    30    (m)  use  electronic features to display and dispense pre-printed bell
    31  jar tickets; and
    32    (n) limit the speed of play to prevent rapid  successive  wagering  as
    33  required by regulations promulgated by the commission.
    34    3-a.  Each  electronic bell jar vending machine that has been approved
    35  by the commission pursuant to  paragraph  (b)  of  subdivision  nine  of
    36  section one hundred eighty-eight-a of this article may include audio and
    37  video  features  to  display information about a ticket being dispensed,
    38  provided that such features shall not affect the outcome of the game.
    39    4. The following information shall be  displayed  by  each  electronic
    40  bell jar vending machine:
    41    (a) the total number of tickets in each deal;
    42    (b) the price of each ticket;
    43    (c) the number and amount of prizes in each deal;
    44    (d)  the  number  of  winners  per  ticket  and its respective winning
    45  numbers or symbols;
    46    (e) the name of the game;
    47    (f) the name or logo of the manufacturer of the tickets and the  elec-
    48  tronic bell jar vending machine;
    49    (g)  the compulsive gambling hotline telephone number for the state of
    50  New York; and
    51    (h) notification that only individuals eighteen years of age or  older
    52  may use an electronic bell jar vending machine.
    53    5.  If a voucher is produced by an electronic bell jar vending machine
    54  for prize redemption, the following information  shall  appear  on  such
    55  voucher:
    56    (a) the aggregate prize amount payable to the player;

        A. 9433                             6
 
     1    (b)  the  device number or other identification method for the vending
     2  machine that produced such voucher;
     3    (c) the date and time that such voucher was printed;
     4    (d)  the  sequential  number  or  other  identification method of such
     5  voucher;
     6    (e) an identification number, barcode or similar  form  of  encryption
     7  that may be used to validate the prize amount payable to the player; and
     8    (f)  the  period  of time during which unused tickets or prize amounts
     9  must be claimed.
    10    6. (a) [For the purposes of  this  subdivision,  the  following  terms
    11  shall have the following meanings:
    12    (i) "Active local member" shall mean an individual who participates in
    13  the  activities  of  an  authorized  organization and resides within the
    14  county where the authorized organization  is  located  or  an  adjoining
    15  county, as defined by rules promulgated by the commission.
    16    (ii)  "Existing  authorized  organization"  shall  mean  an authorized
    17  organization that was licensed to conduct games of chance prior  to  the
    18  effective date of this subdivision.
    19    (iii) "New authorized organization" shall mean an authorized organiza-
    20  tion  that  is first licensed to conduct games of chance on or after the
    21  effective date of this subdivision.
    22    (iv) "Gaming facility" shall mean any commercial casino, video lottery
    23  terminal facility, or tribal gaming facility operating pursuant to state
    24  or federal law. Locations of such facilities shall be  those  identified
    25  by the commission.
    26    (b)]  The  maximum number of electronic bell jar vending machines that
    27  [an existing authorized] a veteran organization or volunteer fire compa-
    28  ny may operate shall be determined [based upon the number of its  active
    29  local members, as follows:
    30    (i)  An  existing authorized organization with fewer than fifty active
    31  local members may operate a maximum number of one  electronic  bell  jar
    32  vending machine;
    33    (ii)  An existing authorized organization with fifty or more but fewer
    34  than one hundred active local members may operate a maximum of two elec-
    35  tronic bell jar vending machines;
    36    (iii) An existing authorized organization with  one  hundred  or  more
    37  active local members but fewer than two hundred active local members may
    38  operate a maximum of three electronic bell jar vending machines;
    39    (iv)  An existing authorized organization with two hundred or more but
    40  fewer than three hundred active local members may operate a  maximum  of
    41  four electronic bell jar vending machines; and
    42    (v)  An  existing  authorized  organization with three hundred or more
    43  active local members may operate a maximum of five electronic  bell  jar
    44  vending machines.
    45    (c)  A  new authorized organization may operate a maximum of one elec-
    46  tronic bell jar vending machine.
    47    (d) (i) For any authorized organization at a premises  located  within
    48  fifteen  miles  of any gaming facility, the maximum number of electronic
    49  bell jar vending machines that may be operated shall  be  one,  notwith-
    50  standing  the  provisions of paragraph (b) of this subdivision; provided
    51  however, that this limitation  shall  not  apply  to  gaming  facilities
    52  located within cities with a population of one million or more as of the
    53  latest federal decennial census.
    54    (ii)  For  any authorized organization at a premises located more than
    55  fifteen miles but not more than twenty-five miles from any gaming facil-
    56  ity, the maximum number of electronic bell jar vending machines that may

        A. 9433                             7

     1  be operated shall be three, notwithstanding the provisions of  paragraph
     2  (b) of this subdivision.
     3    (iii)] by the commission, but shall in no event exceed three machines.
     4    (b) (i) The use of an electronic bell jar vending machine shall not be
     5  approved or permitted in any location restricted by a compact between an
     6  Indian tribe and the state of New York, as determined by the commission.
     7    (ii)  In  cities  with  a  population of one million or more as of the
     8  latest federal decennial census, the following geographic considerations
     9  shall apply, notwithstanding any other provision of  this  paragraph  or
    10  paragraph [(b)] (a) of this subdivision:
    11    For any [authorized] veteran organization or volunteer fire company at
    12  a  premises  located within two thousand five hundred feet of any gaming
    13  facility, the maximum number of electronic  bell  jar  vending  machines
    14  that may be operated shall be one. The commission shall establish proce-
    15  dures  for  measuring such distance. For any [authorized] veteran organ-
    16  ization or volunteer fire company at a premises located  more  than  two
    17  thousand  five  hundred  feet but not more than one mile from any gaming
    18  facility, the maximum number of electronic  bell  jar  vending  machines
    19  that may be operated shall be [one for new authorized organizations. For
    20  existing  authorized  organizations within this zone, the maximum number
    21  of electronic bell jar vending machines shall be] two, provided that the
    22  commission, in authorizing such machines, considers local market  condi-
    23  tions  and  the  objectives of preventing market oversaturation. For any
    24  [authorized] veteran organization or volunteer fire company at  a  prem-
    25  ises  located  more  than one mile from any gaming facility, the maximum
    26  number of electronic bell jar vending machines shall be  [determined  in
    27  accordance  with  paragraphs  (b)  and  (c)  of this subdivision] three,
    28  provided that the commission  shall  retain  the  discretion  to  impose
    29  stricter  limitations  based  on  local  density of [authorized] veteran
    30  organizations and/or volunteer fire companies operating  such  machines,
    31  potential  impact on existing gaming facilities, and [other local market
    32  conditions specific to such city] the determination of the commission of
    33  what will best serve public convenience, consistent with the  objectives
    34  set  forth  in  paragraph  [(e)] (c) of this subdivision. The commission
    35  shall, by rule or regulation, further define the methodology for assess-
    36  ing local density and market  conditions  within  such  cities  and  may
    37  establish specific zones or areas where the placement of electronic bell
    38  jar  vending machines is further limited or requires enhanced review, to
    39  ensure the responsible integration of such  charitable  gaming  opportu-
    40  nities.
    41    [(iv)]  (iii) The commission shall have the authority to establish, by
    42  rule or regulation, specific proximity zones  around  gaming  facilities
    43  and  to  modify  the  limitations  provided  in subparagraphs (i)[,] and
    44  (ii)[, and (iii)] of this paragraph based upon [local market conditions]
    45  the determination of the commission  of  what  will  best  serve  public
    46  convenience,  potential  impact  on  existing gaming facilities, and the
    47  need to prevent loss of employment at such facilities, provided that any
    48  such modification shall be consistent with the objective  of  supporting
    49  charitable  fundraising  while maintaining the existing gaming landscape
    50  and preventing market oversaturation; provided however,  that  any  such
    51  modification  shall constitute only a reduction of the thresholds estab-
    52  lished by this subdivision.
    53    [(e)] (c) (i) Notwithstanding any other provision  of  this  [subdivi-
    54  sion] article, the commission shall have the discretion to determine the
    55  number  of  electronic bell jar vending machines that may be operated by
    56  any [authorized] veteran organization or volunteer fire company, and the

        A. 9433                             8
 
     1  location of such  machines;  provided,  however,  that  such  number  of
     2  machines  shall  not  exceed the limits established in this subdivision.
     3  Such discretion shall be exercised to ensure that the  introduction  and
     4  operation  of electronic bell jar vending machines occurs exclusively to
     5  the fundraising capabilities of legitimate [charitable]  veteran  organ-
     6  izations  or volunteer fire companies while maintaining the stability of
     7  existing regulated gaming sectors and revenue to the state, and avoiding
     8  any loss of employment at existing gaming facilities.
     9    (ii) [The commission may require periodic reporting or verification of
    10  active local membership to ensure ongoing  compliance  with  eligibility
    11  requirements  and  may  take  enforcement  action  in  cases of material
    12  misrepresentation or sustained noncompliance. The  commission  may  also
    13  take  into consideration reasonable and periodic fluctuations in member-
    14  ship to avoid requiring the removal or retirement of electronic bell jar
    15  vending machines due to temporary or minimal decreases in membership.
    16    (iii)] The commission shall deny, revoke, or limit the number of elec-
    17  tronic bell jar vending machines [an authorized] a veteran  organization
    18  or  volunteer fire company may operate if [it] the commission determines
    19  that such organization has been established,  structured,  or  is  being
    20  utilized, directly or indirectly, to obtain a greater number of machines
    21  than  otherwise would be permitted.  This consideration includes, but is
    22  not limited to, the creation of  subsidiary  entities,  shell  organiza-
    23  tions,  or any other arrangement where the facts and circumstances indi-
    24  cate an intent to circumvent the limitations set forth in this  subdivi-
    25  sion.   The  commission  is  empowered  to  scrutinize  the  governance,
    26  operational control, and financial interdependence of  organizations  to
    27  make such determinations.
    28    [(iv)]  (iii)  The co-siting or joint housing of multiple [authorized]
    29  veteran organizations and/or volunteer fire companies at a single  prem-
    30  ises  or  contiguous  premises for the primary purpose of increasing the
    31  aggregate number  of  electronic  bell  jar  vending  machines  at  such
    32  location  beyond what would otherwise be permitted for a single [author-
    33  ized] veteran organization or volunteer fire company operating  at  such
    34  premises  is  prohibited, unless explicitly authorized by the commission
    35  upon a finding that such  arrangement  is  consistent  with  the  public
    36  interest  and  the  objectives  of  this article.   The commission shall
    37  promulgate rules and regulations to effectuate this provision, consider-
    38  ing factors such as shared operational control, membership overlap,  and
    39  the primary purpose of the co-siting arrangement.
    40    7.  The  commission shall promulgate such rules and regulations as may
    41  be necessary for the  implementation  of  electronic  bell  jar  vending
    42  machine  gaming  in  accordance  with  the  provisions  of this section,
    43  including, but not limited to, the [verification of active local member-
    44  ship numbers and] assessment of proximity to gaming facilities.
    45    8. The commission shall promulgate such rules and regulations  as  the
    46  commission may deem necessary to ensure that electronic bell jar vending
    47  machines are only accessible to bona fide members of the veterans organ-
    48  ization  or  bona  fide  members  of  the  volunteer  fire company. Such
    49  machines shall not be accessible to the public or to any individual  who
    50  is  not  a  bona  fide member of such organization or company; provided,
    51  however, that the commission may authorize the use of such  machines  at
    52  each  veteran  organization's  or  volunteer  fire company's fundraising
    53  events on no more than four occasions per calendar year, at  which  time
    54  such  machines  may  be  made accessible to individuals who are not bona
    55  fide members, subject to such supervision and safeguards as the  commis-

        A. 9433                             9
 
     1  sion  may require, including measures to ensure that no individual under
     2  the age of eighteen participates.
     3    §  7. Subdivisions 1, 4, and 5 of section 195-o of the general munici-
     4  pal law, as amended by a chapter of the laws of 2025 amending the gener-
     5  al municipal law relating to electronic bell jar games, as  proposed  in
     6  legislative bills numbers S. 6351-B and A. 7475-B, are amended and a new
     7  subdivision 5-a is added to read as follows:
     8    1.  Distribution; distributors. Any distributor licensed in accordance
     9  with section one hundred eighty-nine-a of  this  article  to  distribute
    10  bell  jar tickets or electronic bell jar vending machines shall purchase
    11  such tickets and vending machines only from licensed  manufacturers  and
    12  may manufacture coin boards and merchandise boards only as authorized in
    13  subdivision  one-a  of  this  section. Licensed distributors of bell jar
    14  tickets [and electronic bell jar vending machines] shall sell such tick-
    15  ets and vending machines only to not-for-profit, charitable or religious
    16  organizations registered by the commission  and  shall  sell,  lease  or
    17  otherwise distribute electronic bell jar vending machines only to eligi-
    18  ble  veteran  organizations  or volunteer fire companies as set forth in
    19  this article.   Any licensed  distributor  who  willfully  violates  the
    20  provisions  of  this  section  shall:  (a) upon such first offense, have
    21  their license suspended for a period  of  thirty  days;  (b)  upon  such
    22  second  offense, participate in a hearing to be conducted by the commis-
    23  sion, and surrender their license for such period as recommended by  the
    24  commission;  and  (c)  upon such third or subsequent offense, have their
    25  license suspended for a period of one year and  shall  be  guilty  of  a
    26  class  E  felony.  Any  unlicensed distributor who violates this section
    27  shall be guilty of a class E felony.
    28    4. Invoices; agreements. (a) A distributor shall supply with each sale
    29  of a bell jar product an itemized invoice showing the distributor's name
    30  and address, the purchaser's name, address, and license number, the date
    31  of the sale, the account number identifying the sale from  the  manufac-
    32  turer  to  distributor  and the account number identifying the sale from
    33  the distributor to the licensed organization, and the description of the
    34  deals, including the form number, the serial number and the ideal  gross
    35  from every deal of bell jar or similar game.
    36    (b)  Prior  to  the sale, lease, or distribution of an electronic bell
    37  jar vending machine to [an authorized] a veteran organization or  volun-
    38  teer  fire  company,  the  distributor or manufacturer shall provide the
    39  contract or agreement for  such  sale,  lease  or  distribution  to  the
    40  commission  for approval and any modification to such contract or agree-
    41  ment thereafter. Such contract or agreement shall show, at minimum:
    42    (i) the name and address of the [authorized] veteran  organization  or
    43  volunteer fire company;
    44    (ii) the date of sale, lease or distribution;
    45    (iii) the serial number of each such machine;
    46    (iv)  the material terms and conditions of such contract or agreement;
    47  and
    48    (v) any additional information as the commission may require.
    49    (c) The commission may promulgate rules and  regulations  relating  to
    50  the  terms of any contract or agreement for the sale, lease, or distrib-
    51  ution of an electronic bell jar vending machine  to  [an  authorized]  a
    52  veteran  organization  or  volunteer  fire  company,  including, but not
    53  limited to, regulations  to  ensure  that  revenue  from  play  on  such
    54  machines  appropriately  benefits the veteran organization and does not,
    55  instead, primarily or unduly benefit any  other  entity,  including  the
    56  distributor  or  manufacturer.    The  commission  [shall],  in its sole

        A. 9433                            10
 
     1  discretion, may approve or deny such contract or agreement [within thir-
     2  ty days of receipt] and any material modification to  such  contract  or
     3  agreement  thereafter.  If  the  commission  denies  approval  for  such
     4  contract,  agreement  or  modification, it shall provide the reasons for
     5  such determination.
     6    5. Reports. A distributor shall report quarterly to the gaming commis-
     7  sion, on a form prescribed by the gaming commission, its sales  of  each
     8  type  of  bell  jar  deal  or  tickets  and  electronic bell jar vending
     9  machines. This report shall be filed quarterly on or before the  twenti-
    10  eth day of the month succeeding the end of the quarter in which the sale
    11  was  made. The [gaming] commission may require that a distributor submit
    12  the quarterly report and invoices required by this section via electron-
    13  ic media or electronic data transfer.
    14    5-a. Any costs of the  commission  necessary  to  maintain  regulatory
    15  control  over electronic bell jar machines shall be assessed annually on
    16  distributors of electronic bell jar machines in proportion to the number
    17  of such machines that have been distributed that are operational at  any
    18  point  in  such  year.  Each  distributor  shall pay the amount assessed
    19  against it within thirty days after the date of the notice of assessment
    20  from the commission.
    21    § 8. Subdivision 3 of section 195-q of the general municipal  law,  as
    22  added  by  a  chapter of the laws of 2025 amending the general municipal
    23  law relating to electronic bell jar games, as  proposed  in  legislative
    24  bills numbers S. 6351-B and A. 7475-B, is amended to read as follows:
    25    3. (a) [An authorized] A veteran organization or volunteer fire compa-
    26  ny may [only] operate electronic bell jar vending machines only on prem-
    27  ises  that  it owns or leases.  All such locations must be identified by
    28  the veteran organization or volunteer fire company and approved  by  the
    29  commission  prior to the placement of any electronic bell jar machine at
    30  those premises.
    31    (b) [An authorized] A veteran organization or volunteer  fire  company
    32  may  operate  no more machines than the number permitted in [subdivision
    33  six of] section one hundred ninety-five-c of this article.
    34    (c) No [authorized] veteran organization  or  volunteer  fire  company
    35  shall  operate  an  electronic bell jar vending machine unless [it] such
    36  veteran organization or volunteer fire company is a  [games  of  chance]
    37  games-of-chance  licensee  authorized  by  the  commission to operate an
    38  electronic bell jar vending machine.    The  commission  may  promulgate
    39  rules and regulations as [may be] the commission deems necessary for the
    40  approval  of  [an  authorized]  a veteran organization or volunteer fire
    41  company to operate an electronic bell jar vending machine. [The  commis-
    42  sion  may  revoke,  suspend,  or condition such approval. The commission
    43  shall approve or deny such  request  for  such  approval  within  thirty
    44  days.]  If  the  commission  denies  such  request, it shall provide the
    45  reasons for such determination.
    46    (d) The commission may authorize a veteran organization  or  volunteer
    47  fire  company  to operate electronic bell jar games only if such veteran
    48  organization or volunteer fire company was licensed to operate bell  jar
    49  games as of November thirtieth, two thousand twenty-five.
    50    (e)  Each  electronic  bell  jar  vending machine shall generate sales
    51  reports and such other information that the  commission  may  direct  by
    52  regulation.    The  commission  shall  have access to the server of each
    53  electronic bell jar vending machine for the purpose  of  monitoring  and
    54  auditing at no cost to the state.

        A. 9433                            11
 
     1    [(e)]  (f)  Any unclaimed funds or tickets left in any electronic bell
     2  jar vending machine shall be retained by the authorized organization and
     3  reported as net proceeds.
     4    §  9. A chapter of the laws of 2025 amending the general municipal law
     5  relating to electronic bell jar games, as proposed in legislative  bills
     6  numbers  S. 6351-B and A. 7475-B, is amended by adding a new section 9-a
     7  to read as follows:
     8    § 9-a. The provisions of this act are not severable  from  each  other
     9  and are intended to be integrated with and integral to the whole. If any
    10  portion  of this act is held by a court to be void or unenforceable then
    11  the remaining provisions of this act shall also be deemed void and unen-
    12  forceable.
    13    § 10. Section 10 of a chapter of the laws of 2025 amending the general
    14  municipal law relating to electronic bell  jar  games,  as  proposed  in
    15  legislative bills numbers S. 6351-B and A. 7475-B, is amended to read as
    16  follows:
    17    § 10. This act shall take effect [immediately] one year after it shall
    18  have  become  a  law.    Effective  immediately, the addition, amendment
    19  and/or repeal of any rule or regulation necessary for the implementation
    20  of this act on its effective date are authorized to be made on or before
    21  such date.
    22    § 11. This act  shall  take  effect  immediately;  provided,  however,
    23  sections  one,  two,  three,  four, five, six, seven, eight, and nine of
    24  this act shall take effect on the same date and in the same manner as  a
    25  chapter  of the laws of 2025 amending the general municipal law relating
    26  to electronic bell jar games, as proposed in legislative  bills  numbers
    27  S. 6351-B and A.  7475-B, takes effect.
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