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.
STATE OF NEW YORK
________________________________________________________________________
4814
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
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 476 of the laws of 2018 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 volun-
8 teer firefighters or volunteer ambulance workers, which by its charter,
9 certificate of incorporation, constitution, or act of the legislature,
10 shall have among its dominant purposes one or more of the lawful
11 purposes as defined in this article, provided that each shall operate
12 without profit to its members, and provided that each such organization
13 has engaged in serving one or more of the lawful purposes as defined in
14 this article for a period of three years immediately prior to applying
15 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.
LBD09498-01-3
A. 4814 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 6 as amended by section 11 of part MM of
22 chapter 59 of the laws of 2017, subdivision 8 as amended by chapter 434
23 of the laws of 2016, and subdivision 10 as amended by chapter 574 of the
24 laws of 1978, are amended to read as follows:
25 5. (a) No single prize awarded by games of chance other than raffle
26 shall exceed the sum or value of [three] four hundred dollars, except
27 that for merchandise wheels, no single prize shall exceed the sum or
28 value of [two] three hundred [fifty] dollars, and for bell jar, no
29 single prize shall exceed the sum or value of one thousand dollars.
30 (b) No single prize awarded by raffle shall exceed the sum or value of
31 three hundred thousand dollars.
32 (c) No single wager shall exceed six dollars and for bell jars, coin
33 boards or merchandise boards, no single prize shall exceed one thousand
34 dollars, provided, however, that such limitation shall not apply to the
35 amount of money or value paid by the participant in a raffle in return
36 for a ticket or other receipt.
37 (d) For coin boards and merchandise boards, the value of a prize shall
38 be determined by the cost of such prize to the authorized organization
39 or, if donated, the fair market value of such prize.
40 6. (a) No authorized organization shall award a series of prizes
41 consisting of cash or of merchandise with an aggregate value in excess
42 of[:
43 (1)] ten thousand dollars during the successive operations of any one
44 merchandise wheel[; and
45 (2) six thousand dollars during the successive operations of any],
46 bell jar, coin board or merchandise board.
47 (b) No series of prizes awarded by raffle shall have an aggregate
48 value in excess of five hundred thousand dollars.
49 (c) For coin boards and merchandise boards, the value of a prize shall
50 be determined by the cost of such prize to the authorized organization
51 or, if donated, the fair market value of such prize.
52 8. Except for merchandise wheels and raffles, no series of prizes on
53 any one occasion shall aggregate more than [four] five hundred dollars
54 when the licensed authorized organization conducts five single types of
55 games of chance during any one license period. Except for merchandise
56 wheels, raffles and bell jars, no series of prizes on any one occasion
A. 4814 3
1 shall aggregate more than five hundred dollars when the licensed author-
2 ized organization conducts less than five single types of games of
3 chance, exclusive of merchandise wheels, raffles and bell jars, during
4 any one license period. No authorized organization shall award by raffle
5 prizes with an aggregate value in excess of three million dollars during
6 any one license period.
7 10. No person except a bona fide member of the licensed authorized
8 organization or an auxiliary member of such organization shall partic-
9 ipate in the management of such games[; no person except a bona fide
10 member of the licensed authorized organization, its auxiliary or affil-
11 iated organization, shall participate in the operation of such game, as
12 set forth in section one hundred ninety-five-c of this article].
13 § 3. Paragraph (b) of subdivision 1 of section 190 of the general
14 municipal law, as amended by chapter 574 of the laws of 1978, is amended
15 to read as follows:
16 (b) In each application there shall be designated not less than [four]
17 three bona fide members of the applicant organization under whom the
18 game or games of chance will be managed and to the application shall be
19 appended a statement executed by the members so designated, that they
20 will be responsible for the management of such games in accordance with
21 the terms of the license, the rules and regulations of the board, this
22 article and the applicable local laws or ordinances.
23 § 4. Subdivision 3 of section 190-a of the general municipal law, as
24 added by chapter 400 of the laws of 2005, is amended to read as follows:
25 3. No person under the age of eighteen shall be permitted to play,
26 operate or assist in any raffle conducted pursuant to this section;
27 provided, however, a member or auxiliary member over the age of sixteen
28 years, but under the age of eighteen years, shall be permitted to assist
29 in any raffle conducted pursuant to this section, if accompanied by an
30 adult.
31 § 5. Section 195 of the general municipal law, as amended by chapter
32 461 of the laws of 2003, is amended to read as follows:
33 § 195. Sunday; conduct of games on. Except as provided in section one
34 hundred ninety-five-b of this article, [no] games of chance [shall] may
35 be conducted under any license issued under this article on the first
36 day of the week, commonly known and designated as Sunday, unless it
37 shall be otherwise provided in the license issued for the conducting
38 thereof, pursuant to the provisions of a local law or an ordinance duly
39 adopted by the governing body of the municipality wherein the license is
40 issued, [authorizing] prohibiting the conduct of games of chance under
41 this article on that day [only between the hours of noon and midnight].
42 Notwithstanding the foregoing provisions of this section no games of
43 chance shall be conducted on Easter Sunday or Christmas Day.
44 § 6. Section 195-a of the general municipal law, as amended by chapter
45 574 of the laws of 1978, is amended to read as follows:
46 § 195-a. Participation by persons under eighteen. No person under the
47 age of eighteen years shall be permitted to play any game or games of
48 chance conducted pursuant to any license issued under this article.
49 Persons under the age of eighteen years may be permitted to attend games
50 of chance at the discretion of the games of chance licensee. No person
51 under the age of eighteen years shall be permitted to operate any game
52 of chance conducted pursuant to any license issued under this article or
53 to assist therein; provided, however, that a member or auxiliary member
54 who is under the age of eighteen years and who is sixteen years of age
55 or older shall be permitted to assist in the operation of any game of
56 chance if accompanied by an adult.
A. 4814 4
1 § 7. Section 195-b of the general municipal law, as amended by chapter
2 252 of the laws of 1998, is amended to read as follows:
3 § 195-b. Frequency of games. No game or games of chance, shall be
4 conducted under any license issued under this article more often than
5 [twelve] eighteen times in any calendar year. No particular premises
6 shall be used for the conduct of games of chance on more than twenty-
7 four license periods during any one calendar year. Games shall be
8 conducted only between the hours of noon and midnight on Sunday, Monday,
9 Tuesday, Wednesday and Thursday, and only between the hours of noon on
10 Friday and two A.M. Saturday, and only between the hours of noon on
11 Saturday and two A.M. Sunday. The two A.M. closing period shall also
12 apply to a legal holiday. The above restrictions shall not apply when
13 only the games of chance known as bell jar and/or raffle are conducted.
14 § 8. Section 195-c of the general municipal law, as amended by chapter
15 252 of the laws of 1998, is amended to read as follows:
16 § 195-c. [1.] Persons operating games; equipment; expenses; compen-
17 sation. 1. No person shall operate any game of chance under any license
18 issued under this article except a bona fide member or auxiliary member
19 of the authorized organization to which the license is issued[, or a
20 bona fide member of an organization or association which is an auxiliary
21 to the licensee or a bona fide member of an organization or association
22 of which such licensee is an auxiliary or a bona fide member of an
23 organization or association which is affiliated with the licensee by
24 being, with it, auxiliary to another organization or association]. Noth-
25 ing herein shall be construed to limit the number of games of chance
26 licensees for whom such persons may operate games of chance nor to
27 prevent non-members from assisting the licensee in any activity other
28 than managing or operating games. No game of chance shall be conducted
29 with any equipment except such as shall be owned or leased by the
30 authorized organization so licensed or used without payment of any
31 compensation therefor by the licensee. However, in no event shall bell
32 jar tickets be transferred from one authorized organization to another,
33 with or without payment of any compensation thereof. The head or heads
34 of the authorized organization shall upon request certify, under oath,
35 that the persons operating any game of chance are bona fide or auxiliary
36 members of such authorized organization, auxiliary or affiliated organ-
37 ization. Upon request by an officer or the department any such person
38 involved in such games of chance shall certify that he or she has no
39 criminal record. No items of expense shall be incurred or paid in
40 connection with the conducting of any game of chance pursuant to any
41 license issued under this article except those that are reasonable and
42 are necessarily expended for games of chance supplies and equipment,
43 prizes, security personnel, stated rental if any, bookkeeping or
44 accounting services according to a schedule of compensation prescribed
45 by the board, janitorial services and utility supplies if any, and
46 license fees, and the cost of bus transportation, if authorized by such
47 clerk or department. No commission, salary, compensation[,] or reward
48 [or recompense] shall be paid or given to any person for the sale or
49 assisting with the sale of raffle tickets.
50 2. For the purpose of the sale of tickets for the game of raffle, the
51 term "operate" shall not include the sale of such tickets by persons of
52 lineal or collateral consanguinity to members of an authorized organiza-
53 tion licensed to conduct a raffle.
54 § 9. Section 195-e of the general municipal law, as amended by section
55 14 of part MM of chapter 59 of the laws of 2017, is amended to read as
56 follows:
A. 4814 5
1 § 195-e. Advertising games. A licensee may advertise the conduct of
2 games of chance to the general public by means of newspaper, circular,
3 handbill [and], poster, electronic mail, electronic communications and
4 government access television broadcasts, and by one sign not exceeding
5 sixty square feet in area, which may be displayed on or adjacent to the
6 premises owned or occupied by a licensed authorized organization,
7 through the internet or television as may be regulated by the rules and
8 regulations of the commission. When an organization is licensed or
9 authorized to conduct games of chance on the premises of an authorized
10 games of chance lessor, one additional such sign may be displayed on or
11 adjacent to the premises in which the games are to be conducted. Addi-
12 tional signs may be displayed upon any firefighting or ambulance equip-
13 ment belonging to any licensed authorized organization that is a volun-
14 teer fire company, volunteer ambulance corps or upon any equipment of a
15 first aid or rescue squad or volunteer ambulance company in and through-
16 out the community served by such volunteer fire company, volunteer ambu-
17 lance corps or such first aid or rescue squad, or volunteer ambulance
18 company, as the case may be. All advertisements shall be limited to the
19 description of such event as "Games of chance" or "Las Vegas Night", the
20 name of the authorized organization conducting such games, the license
21 number of the authorized organization as assigned by the clerk or
22 department, the prizes offered and the date, location and time of the
23 event.
24 § 10. Subdivisions 10 and 11-a of section 476 of the general municipal
25 law, subdivision 10 as amended by chapter 364 of the laws of 1968 and
26 subdivision 11-a as added by chapter 160 of the laws of 1994, are
27 amended and a new subdivision 4-a is added to read as follows:
28 4-a. "Auxiliary member" shall mean a bona fide member of an organiza-
29 tion or association which is auxiliary to an authorized organization
30 licensed pursuant to this article; or a bona fide member of an organiza-
31 tion or association of which an authorized organization licensed pursu-
32 ant to this article is an auxiliary; or a bona fide member of an organ-
33 ization or association which is affiliated with an authorized
34 organization licensed pursuant to this article by being, with it, auxil-
35 iary to another organization or association.
36 10. "Limited period bingo" shall mean the conduct of bingo by a
37 licensed authorized organization, for a period of not more than [seven]
38 ten of [twelve] fourteen consecutive days in any one year, at a
39 festival, bazaar, carnival or similar function conducted by such
40 licensed authorized organization. No authorized organization licensed to
41 conduct limited period bingo shall be otherwise eligible to conduct
42 bingo pursuant to this article in the same year.
43 11-a. "Early bird" shall mean a bingo game which is played as a
44 special game, conducted not more than [twice] three times during a bingo
45 occasion, in which prizes are awarded based upon a percentage not to
46 exceed seventy-five percent of the sum of money received from the sale
47 of the early bird cards and which is neither subject to the prize limits
48 imposed by subdivisions five and six of section four hundred seventy-
49 nine and paragraph (a) of subdivision one of section four hundred eight-
50 y-one, nor the special game opportunity charge limit imposed by section
51 four hundred eighty-nine of this article. The percentage shall be speci-
52 fied both in the application for bingo license and the license. Not more
53 than [one dollar] two dollars shall be charged per card with the total
54 amount collected from the sale of the early bird cards and the prize for
55 each game to be announced before the commencement of each game.
A. 4814 6
1 § 11. Subdivisions 3 and 7 of section 479 of the general municipal
2 law, subdivision 3 as amended by chapter 337 of the laws of 1998 and
3 subdivision 7 as amended by chapter 814 of the laws of 1964, are amended
4 to read as follows:
5 3. No authorized organization licensed under the provisions of this
6 article shall purchase, lease, or receive any supplies or equipment
7 specifically designed or adapted for use in the conduct of bingo games
8 from other than a supplier licensed under [the bingo control law] arti-
9 cle nineteen-B of the executive law or from another authorized organiza-
10 tion.
11 7. No person except a bona fide member or auxiliary member of any such
12 organization shall participate in the management or operation of such
13 game.
14 § 12. Subdivision 3 of section 481 of the general municipal law, as
15 amended by chapter 284 of the laws of 1969, is amended to read as
16 follows:
17 3. No license shall be issued under this article which shall be effec-
18 tive for a period of more than one year. In the case of limited period
19 bingo, no license shall be issued authorizing the conduct of such games
20 on more than [two] three occasions in any one day nor shall any license
21 be issued under this article which shall be effective for a period of
22 more than [seven] ten of [twelve] fourteen consecutive days in any one
23 year. No license for the conduct of limited period bingo shall be issued
24 in cities having a population of one million or more.
25 § 13. Subdivision 1 of section 483 of the general municipal law, as
26 amended by chapter 438 of the laws of 1962, is amended to read as
27 follows:
28 1. [Eeach] Each license to conduct bingo shall be in such form as
29 shall be prescribed in the rules and regulations promulgated by the
30 control commission, and shall contain a statement of the name and
31 address of the licensee, of the names and addresses of the member or
32 members of the licensee under whom the games will be conducted, of the
33 place or places where and the date or dates and time or times when such
34 games are to be conducted and of the specific purposes to which the
35 entire net proceeds of such games are to be devoted; if any prize or
36 prizes are to be offered and given in cash, a statement of the amounts
37 of the prizes authorized so to be offered and given; and any other
38 information which may be required by said rules and regulations to be
39 contained therein, and each license issued for the conduct of any game
40 shall be conspicuously displayed at the place where same is to be
41 conducted at all times during the conduct thereof.
42 § 14. Section 485 of the general municipal law, as amended by chapter
43 438 of the laws of 1962, is amended to read as follows:
44 § 485. Sunday; conduct of games on. [No games] Games of bingo [shall]
45 may be conducted under any license issued under this article on the
46 first day of the week, commonly known as [designated as] Sunday, unless
47 it shall be otherwise provided in the license issued for the holding,
48 operating and conducting thereof, pursuant to the provisions of a local
49 law or an ordinance duly adopted by the governing body of the munici-
50 pality issuing the license, [authorizing] prohibiting the conduct of
51 bingo under this article on that day.
52 § 15. Section 486 of the general municipal law, as amended by section
53 6 of part MM of chapter 59 of the laws of 2017, is amended to read as
54 follows:
55 § 486. Participation by persons under the age of eighteen. No person
56 under the age of eighteen years shall be permitted to play any game or
A. 4814 7
1 games of bingo conducted pursuant to any license issued under this arti-
2 cle. No person under the age of eighteen years shall be permitted to
3 conduct, operate or assist in the conduct of any game of bingo conducted
4 pursuant to any license issued pursuant to this article. Nothing in this
5 section shall prevent a person sixteen years of age or older from
6 performing ancillary non-gaming activities conducted in conjunction with
7 any game of bingo conducted pursuant to any license pursuant to this
8 article; provided, however, that a member or auxiliary member who is
9 under the age of eighteen years and who is sixteen years of age or older
10 shall be permitted to assist in the conduct of any game of bingo if
11 accompanied by an adult.
12 § 16. Section 487 of the general municipal law, as amended by chapter
13 72 of the laws of 1982, is amended to read as follows:
14 § 487. Frequency of game; sale of alcoholic beverages. No game or
15 games of bingo, except limited period bingo, shall be conducted under
16 any license issued under this article more often than on [eighteen]
17 twenty-seven days in any three successive calendar months. No game or
18 games of limited period bingo shall be conducted between the hours of
19 twelve midnight postmeridian and noon, and no more than sixty games may
20 be conducted on any single occasion of limited period bingo. No game or
21 games of bingo shall be conducted in any room or outdoor area where
22 alcoholic beverages are sold, served or consumed during the progress of
23 the game or games.
24 § 17. Subdivision 1 of section 488 of the general municipal law, as
25 amended by chapter 337 of the laws of 1998, is amended to read as
26 follows:
27 1. No person shall hold, operate or conduct any game of bingo under
28 any license issued under this article except a bona fide member or
29 auxiliary member of the authorized organization to which the license is
30 issued[, and]. Furthermore, no person shall assist in the holding, oper-
31 ating or conducting of any game of bingo under such license except such
32 a bona fide member or [a bona fide] auxiliary member [of an organization
33 or association which is an auxiliary to the licensee or a bona fide
34 member of an organization or association of which such licensee is an
35 auxiliary or a bona fide member of an organization or association which
36 is affiliated with the licensee by being, with it, auxiliary to another
37 organization or association and except bookkeepers or accountants as
38 hereinafter provided]. Provided, however, any person may assist the
39 licensed organization in any activity related to the game of bingo which
40 does not actually involve the holding, conducting, managing or operating
41 of such game of bingo. No game of bingo shall be conducted with any
42 equipment except such as shall be owned absolutely or leased by the
43 authorized organization so licensed or used without payment of any
44 compensation therefor by the licensee. Lease terms and conditions shall
45 be subject to rules and regulations promulgated by the board. This arti-
46 cle shall not be construed to authorize or permit an authorized organ-
47 ization to engage in the business of leasing bingo supplies or equip-
48 ment. No items of expense shall be incurred or paid in connection with
49 the conducting of any game of bingo pursuant to any license issued under
50 this article, except those that are reasonable and are necessarily
51 expended for bingo supplies and equipment, prizes, stated rental if any,
52 bookkeeping or accounting services according to a schedule of compen-
53 sation prescribed by the commission, janitorial services and utility
54 supplies if any, and license fees, and the cost of bus transportation,
55 if authorized by the control commission.
A. 4814 8
1 § 18. Section 490 of the general municipal law, as amended by section
2 8 of part MM of chapter 59 of the laws of 2017, is amended to read as
3 follows:
4 § 490. Advertising of bingo games. A licensee may advertise the
5 conduct of an occasion of bingo to the general public by means of news-
6 paper, radio, circular, handbill [and], poster, electronic mail, elec-
7 tronic communications and government access television broadcasts, by
8 one sign not exceeding sixty square feet in area, which may be displayed
9 on or adjacent to the premises owned or occupied by a licensed author-
10 ized organization, and through the internet or television as may be
11 regulated by the rules and regulations of the commission. When an organ-
12 ization is licensed to conduct bingo occasions on the premises of anoth-
13 er licensed authorized organization or of a licensed commercial lessor,
14 one additional such sign may be displayed on or adjacent to the premises
15 in which the occasions are to be conducted. Additional signs may be
16 displayed upon any firefighting or ambulance equipment belonging to any
17 licensed authorized organization which is a volunteer fire company,
18 volunteer ambulance corps or upon any equipment of a first aid or rescue
19 squad, or volunteer ambulance company in and throughout the community
20 served by such volunteer fire company, volunteer ambulance corps or such
21 first aid or rescue squad, or volunteer ambulance company, as the case
22 may be. All advertisements shall be limited to the description of such
23 event as "bingo", the name of the licensed authorized organization
24 conducting such bingo occasions, the license number of the authorized
25 organization as assigned by the clerk; the prizes offered and the date,
26 location and time of the bingo occasion.
27 § 19. Subdivision 1 of section 491 of the general municipal law, as
28 amended by section 9 of part MM of chapter 59 of the laws of 2017, is
29 amended to read as follows:
30 1. Within [seven] ten days after the conclusion of any occasion of
31 bingo, the authorized organization that conducted the same, and such
32 authorized organization's members who were in charge thereof, and when
33 applicable the authorized organization that rented its premises there-
34 for, shall each furnish to the clerk of the municipality a statement
35 subscribed by the member in charge and affirmed by such person as true,
36 under the penalties of perjury, showing the amount of the gross receipts
37 derived therefrom and each item of expense incurred, or paid, and each
38 item of expenditure made or to be made, the name and address of each
39 person to whom each such item has been paid, or is to be paid, with a
40 detailed description of the merchandise purchased or the services
41 rendered therefor, the net proceeds derived from such game or rental, as
42 the case may be, and the use to which such proceeds have been or are to
43 be applied and a list of prizes offered and given, with the respective
44 values thereof. A clerk may make provisions for the option for the elec-
45 tronic filing of such statement. It shall be the duty of each licensee
46 to maintain and keep such books and records as may be necessary to
47 substantiate the particulars of each such statement and within fifteen
48 days after the end of each calendar quarter during which there has been
49 any occasion of bingo, a summary statement of such information, in form
50 prescribed by the commission, shall be furnished in the same manner to
51 the commission.
52 § 20. This act shall take effect on the first of January next succeed-
53 ing the date on which it shall have become a law.
