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
________________________________________________________________________
2440
2013-2014 Regular Sessions
IN SENATE
January 17, 2013
___________
Introduced by Sens. KLEIN, MAZIARZ -- read twice and ordered printed,
and when printed to be committed to the Committee on Racing, Gaming
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00917-01-3
S. 2440 2
1 ant to this article is an auxiliary; or a bona fide member of an organ-
2 ization or association which is affiliated with an authorized
3 organization licensed pursuant to this article by being, with it, auxil-
4 iary to another organization or association.
5 14. "One occasion" shall mean the successive operations of any one
6 single type of game of chance which results in the awarding of a series
7 of prizes amounting to five hundred dollars or four hundred dollars
8 during any one license period, in accordance with the provisions of
9 subdivision eight of section one hundred eighty-nine of this article, as
10 the case may be. For purposes of the game of chance known as a merchan-
11 dise wheel or a raffle, "one occasion" shall mean the successive oper-
12 ations of any one such merchandise wheel or raffle for which the limit
13 on a series of prizes provided by subdivision six of section one hundred
14 eighty-nine of this article shall apply. For purposes of the game of
15 chance known as a bell jar, "one occasion" shall mean the successive
16 operation of any one such bell jar, seal card, event game, coin board,
17 or merchandise board which results in the awarding of a series of prizes
18 amounting to [three] ten thousand dollars. For the purposes of the game
19 of chance known as raffle "one occasion" shall mean a calendar year
20 during which successive operations of such game are conducted.
21 § 2. Subdivisions 5, 6, 8 and 10 of section 189 of the general munici-
22 pal law, subdivisions 5 and 8 as amended by chapter 455 of the laws of
23 2012, subdivision 6 as amended by chapter 302 of the laws of 2010 and
24 subdivision 10 as amended by chapter 574 of the laws of 1978, are
25 amended to read as follows:
26 5. No single prize awarded by games of chance other than raffle shall
27 exceed the sum or value of [three] four hundred dollars, except that for
28 merchandise wheels, no single prize shall exceed the sum or value of
29 [two] three hundred [fifty] dollars. No single prize awarded by raffle
30 shall exceed the sum or value of one hundred thousand dollars. No single
31 wager shall exceed six dollars and for bell jars, coin boards, or
32 merchandise boards, no single prize shall exceed five hundred dollars
33 provided, however, that such limitation shall not apply to the amount of
34 money or value paid by the participant in a raffle in return for a tick-
35 et or other receipt. For coin boards and merchandise boards, the value
36 of a prize shall be determined by its costs to the authorized organiza-
37 tion or, if donated, its fair market value.
38 6. No authorized organization shall award a series of prizes consist-
39 ing of cash or of merchandise with an aggregate value in excess of ten
40 thousand dollars during the successive operations of any one merchandise
41 wheel, [and three thousand dollars during the successive operations of
42 any] bell jar, coin board, or merchandise board. No series of prizes
43 awarded by raffle shall have an aggregate value in excess of five
44 hundred thousand dollars. For coin boards and merchandise boards, the
45 value of a prize shall be determined by its cost to the authorized
46 organization or, if donated, its fair market value.
47 8. Except for merchandise wheels and raffles, no series of prizes on
48 any one occasion shall aggregate more than [four] five hundred dollars
49 when the licensed authorized organization conducts five single types of
50 games of chance during any one license period. Except for merchandise
51 wheels, raffles and bell jars, no series of prizes on any one occasion
52 shall aggregate more than five hundred dollars when the licensed author-
53 ized organization conducts less than five single types of games of
54 chance, exclusive of merchandise wheels, raffles and bell jars, during
55 any one license period. No authorized organization shall award by raffle
S. 2440 3
1 prizes with an aggregate value in excess of two million dollars during
2 any one license period.
3 10. No person except a bona fide member of the licensed authorized
4 organization or an auxiliary member of such organization shall partic-
5 ipate in the management of such games[; no person except a bona fide
6 member of the licensed authorized organization, its auxiliary or affil-
7 iated organization, shall participate in the operation of such game, as
8 set forth in section one hundred ninety-five-c of this article].
9 § 3. Paragraph (b) of subdivision 1 of section 190 of the general
10 municipal law, as amended by chapter 574 of the laws of 1978, is amended
11 to read as follows:
12 (b) In each application there shall be designated not less than [four]
13 three bona fide members of the applicant organization under whom the
14 game or games of chance will be managed and to the application shall be
15 appended a statement executed by the members so designated, that they
16 will be responsible for the management of such games in accordance with
17 the terms of the license, the rules and regulations of the board, this
18 article and the applicable local laws or ordinances.
19 § 4. Paragraph (a) of subdivision 2 of section 190-a of the general
20 municipal law, as amended by chapter 400 of the laws of 2005, is amended
21 to read as follows:
22 (a) For the purposes of this section, "authorized organization" shall
23 mean and include any bona fide religious or charitable organization or
24 bona fide educational, fraternal or service organization or bona fide
25 organization of veterans [or], volunteer [firefighter] firefighters or
26 volunteer ambulance workers, which by its charter, certificate of incor-
27 poration, constitution, or act of the legislature, shall have among its
28 dominant purposes one or more of the lawful purposes as defined in this
29 article, provided that each shall operate without profit to its members,
30 and provided that each such organization has engaged in serving one or
31 more of the lawful purposes as defined in this article for a period of
32 three years immediately prior to being granted the filing requirement
33 exemption contained in subdivision one of this section.
34 § 5. Subdivision 3 of section 190-a of the general municipal law, as
35 added by chapter 400 of the laws of 2005, is amended to read as follows:
36 3. No person under the age of eighteen shall be permitted to play,
37 operate or assist in any raffle conducted pursuant to this section;
38 provided, however, a member or auxiliary member over the age of sixteen
39 years, but under the age of eighteen years, shall be permitted to assist
40 in any raffle conducted pursuant to this section, if accompanied by an
41 adult.
42 § 6. Subdivision 3 of section 194 of the general municipal law, as
43 amended by chapter 550 of the laws of 1994, is amended to read as
44 follows:
45 3. [Service of alcoholic beverages.] Subject to the applicable
46 provisions of the alcoholic beverage control law, beer and wine may be
47 offered for sale during the conduct of games of chance on games of
48 chance premises as such premises are defined in subdivision nineteen of
49 section one hundred eighty-six of this article; provided, however, that
50 nothing herein shall be construed to limit the offering for sale of any
51 other alcoholic beverage in areas other than the games of chance prem-
52 ises or the sale of any other alcoholic beverage in premises where only
53 the games of chance known as bell jar or raffles are conducted.
54 § 7. Section 195 of the general municipal law, as amended by chapter
55 461 of the laws of 2003, is amended to read as follows:
S. 2440 4
1 § 195. Sunday; conduct of games on. Except as provided in section one
2 hundred ninety-five-b of this article, [no] games of chance [shall] may
3 be conducted under any license issued under this article on the first
4 day of the week, commonly known and designated as Sunday, unless it
5 shall be otherwise provided in the license issued for the conducting
6 thereof, pursuant to the provisions of a local law or an ordinance duly
7 adopted by the governing body of the municipality wherein the license is
8 issued, [authorizing] prohibiting the conduct of games of chance under
9 this article on that day [only between the hours of noon and midnight].
10 Notwithstanding the foregoing provisions of this section no games of
11 chance shall be conducted on Easter Sunday or Christmas Day.
12 § 8. Section 195-a of the general municipal law, as amended by chapter
13 574 of the laws of 1978, is amended to read as follows:
14 § 195-a. Participation by persons under eighteen. No person under the
15 age of eighteen years shall be permitted to play any game or games of
16 chance conducted pursuant to any license issued under this article.
17 Persons under the age of eighteen years may be permitted to attend games
18 of chance at the discretion of the games of chance licensee. No person
19 under the age of eighteen years shall be permitted to operate any game
20 of chance conducted pursuant to any license issued under this article or
21 to assist therein; provided, however, that a member or auxiliary member
22 who is under the age of eighteen years and who is sixteen years of age
23 or older shall be permitted to assist in the operation of any game of
24 chance if accompanied by an adult.
25 § 9. Section 195-b of the general municipal law, as amended by chapter
26 252 of the laws of 1998, is amended to read as follows:
27 § 195-b. Frequency of games. No game or games of chance, shall be
28 conducted under any license issued under this article more often than
29 [twelve] eighteen times in any calendar year. No particular premises
30 shall be used for the conduct of games of chance on more than twenty-
31 four license periods during any one calendar year. Games shall be
32 conducted only between the hours of noon and midnight on Sunday, Monday,
33 Tuesday, Wednesday and Thursday, and only between the hours of noon on
34 Friday and two A.M. Saturday, and only between the hours of noon on
35 Saturday and two A.M. Sunday. The two A.M. closing period shall also
36 apply to a legal holiday. The above restrictions shall not apply when
37 only the games of chance known as bell jar and/or raffle are conducted.
38 § 10. Section 195-c of the general municipal law, as amended by chap-
39 ter 252 of the laws of 1998, is amended to read as follows:
40 § 195-c. [1.] Persons operating games; equipment; expenses; compen-
41 sation. 1. No person shall operate any game of chance under any license
42 issued under this article except a bona fide member or auxiliary member
43 of the authorized organization to which the license is issued[, or a
44 bona fide member of an organization or association which is an auxiliary
45 to the licensee or a bona fide member of an organization or association
46 of which such licensee is an auxiliary or a bona fide member of an
47 organization or association which is affiliated with the licensee by
48 being, with it, auxiliary to another organization or association]. Noth-
49 ing herein shall be construed to limit the number of games of chance
50 licensees for whom such persons may operate games of chance nor to
51 prevent non-members from assisting the licensee in any activity other
52 than managing or operating games. No game of chance shall be conducted
53 with any equipment except such as shall be owned or leased by the
54 authorized organization so licensed or used without payment of any
55 compensation therefor by the licensee. However, in no event shall bell
56 jar tickets be transferred from one authorized organization to another,
S. 2440 5
1 with or without payment of any compensation thereof. The head or heads
2 of the authorized organization shall upon request certify, under oath,
3 that the persons operating any game of chance are bona fide or auxiliary
4 members of such authorized organization, auxiliary or affiliated organ-
5 ization. Upon request by an officer or the department any such person
6 involved in such games of chance shall certify that he or she has no
7 criminal record. No items of expense shall be incurred or paid in
8 connection with the conducting of any game of chance pursuant to any
9 license issued under this article except those that are reasonable and
10 are necessarily expended for games of chance supplies and equipment,
11 prizes, security personnel, stated rental if any, bookkeeping or
12 accounting services according to a schedule of compensation prescribed
13 by the board, janitorial services and utility supplies if any, and
14 license fees, and the cost of bus transportation, if authorized by such
15 clerk or department. No commission, salary, compensation[,] or reward
16 [or recompense] shall be paid or given to any person for the sale or
17 assisting with the sale of raffle tickets.
18 2. For the purpose of the sale of tickets for the game of raffle, the
19 term "operate" shall not include the sale of such tickets by persons of
20 lineal or collateral consanguinity to members of an authorized organiza-
21 tion licensed to conduct a raffle.
22 § 11. Section 195-e of the general municipal law, as amended by chap-
23 ter 94 of the laws of 1981, is amended to read as follows:
24 § 195-e. Advertising games. A licensee may advertise the conduct of
25 games of chance to the general public by means of newspaper, circular,
26 handbill [and], poster, electronic mail, electronic communications and
27 government access television broadcasts, and by one sign not exceeding
28 sixty square feet in area, which may be displayed on or adjacent to the
29 premises owned or occupied by a licensed authorized organization, and
30 when an organization is licensed to conduct games of chance on premises
31 of an authorized games of chance lessor, one additional such sign may be
32 displayed on or adjacent to the premises in which the games are to be
33 conducted. Additional signs may be displayed upon any fire fighting
34 equipment belonging to any licensed authorized organization which is a
35 volunteer fire company, or upon any equipment of a first aid or rescue
36 squad, or volunteer ambulance company in and throughout the community
37 served by such volunteer fire company or such first aid or rescue squad,
38 or volunteer ambulance company, as the case may be. All advertisements
39 shall be limited to the description of such event as "Games of chance"
40 or "Las Vegas Night", the name of the authorized organization conducting
41 such games, the license number of the authorized organization as
42 assigned by the clerk or department and the date, location and time of
43 the event.
44 § 12. Subdivisions 10 and 11-a of section 476 of the general municipal
45 law, subdivision 10 as amended by chapter 364 of the laws of 1968 and
46 subdivision 11-a as added by chapter 160 of the laws of 1994, are
47 amended and a new subdivision 4-a is added to read as follows:
48 4-a. "Auxiliary member" shall mean a bona fide member of an organiza-
49 tion or association which is auxiliary to an authorized organization
50 licensed pursuant to this article; or a bona fide member of an organiza-
51 tion or association of which an authorized organization licensed pursu-
52 ant to this article is an auxiliary; or a bona fide member of an organ-
53 ization or association which is affiliated with an authorized
54 organization licensed pursuant to this article by being, with it, auxil-
55 iary to another organization or association.
S. 2440 6
1 10. "Limited period bingo" shall mean the conduct of bingo by a
2 licensed authorized organization, for a period of not more than [seven]
3 ten of [twelve] fourteen consecutive days in any one year, at a
4 festival, bazaar, carnival or similar function conducted by such
5 licensed authorized organization. No authorized organization licensed to
6 conduct limited period bingo shall be otherwise eligible to conduct
7 bingo pursuant to this article in the same year.
8 11-a. "Early bird" shall mean a bingo game which is played as a
9 special game, conducted not more than [twice] three times during a bingo
10 occasion, in which prizes are awarded based upon a percentage not to
11 exceed seventy-five percent of the sum of money received from the sale
12 of the early bird cards and which is neither subject to the prize limits
13 imposed by subdivisions five and six of section four hundred seventy-
14 nine and paragraph (a) of subdivision one of section four hundred eight-
15 y-one, nor the special game opportunity charge limit imposed by section
16 four hundred eighty-nine of this article. The percentage shall be speci-
17 fied both in the application for bingo license and the license. Not more
18 than [one dollar] two dollars shall be charged per card with the total
19 amount collected from the sale of the early bird cards and the prize for
20 each game to be announced before the commencement of each game.
21 § 13. Subdivisions 3 and 7 of section 479 of the general municipal
22 law, subdivision 3 as amended by chapter 337 of the laws of 1998 and
23 subdivision 7 as amended by chapter 814 of the laws of 1964, are amended
24 to read as follows:
25 3. No authorized organization licensed under the provisions of this
26 article shall purchase, lease, or receive any supplies or equipment
27 specifically designed or adapted for use in the conduct of bingo games
28 from other than a supplier licensed under [the bingo control law] arti-
29 cle nineteen-B of the executive law or from another authorized organiza-
30 tion.
31 7. No person except a bona fide member or auxiliary member of any such
32 organization shall participate in the management or operation of such
33 game.
34 § 14. Subdivision 3 of section 481 of the general municipal law, as
35 amended by chapter 284 of the laws of 1969, is amended to read as
36 follows:
37 3. No license shall be issued under this article which shall be effec-
38 tive for a period of more than one year. In the case of limited period
39 bingo, no license shall be issued authorizing the conduct of such games
40 on more than [two] three occasions in any one day nor shall any license
41 be issued under this article which shall be effective for a period of
42 more than [seven] ten of [twelve] fourteen consecutive days in any one
43 year. No license for the conduct of limited period bingo shall be issued
44 in cities having a population of one million or more.
45 § 15. Subdivision 1 of section 483 of the general municipal law, as
46 amended by chapter 438 of the laws of 1962, is amended to read as
47 follows:
48 1. [Eeach] Each license to conduct bingo shall be in such form as
49 shall be prescribed in the rules and regulations promulgated by the
50 control commission, and shall contain a statement of the name and
51 address of the licensee, of the names and addresses of the member or
52 members of the licensee under whom the games will be conducted, of the
53 place or places where and the date or dates and time or times when such
54 games are to be conducted and of the specific purposes to which the
55 entire net proceeds of such games are to be devoted; if any prize or
56 prizes are to be offered and given in cash, a statement of the amounts
S. 2440 7
1 of the prizes authorized so to be offered and given; and any other
2 information which may be required by said rules and regulations to be
3 contained therein, and each license issued for the conduct of any game
4 shall be conspicuously displayed at the place where same is to be
5 conducted at all times during the conduct thereof.
6 § 16. Section 485 of the general municipal law, as amended by chapter
7 438 of the laws of 1962, is amended to read as follows:
8 § 485. Sunday; conduct of games on. [No games] Games of bingo [shall]
9 may be conducted under any license issued under this article on the
10 first day of the week, commonly known as [designated as] Sunday, unless
11 it shall be otherwise provided in the license issued for the holding,
12 operating and conducting thereof, pursuant to the provisions of a local
13 law or an ordinance duly adopted by the governing body of the munici-
14 pality issuing the license, [authorizing] prohibiting the conduct of
15 bingo under this article on that day.
16 § 17. Section 486 of the general municipal law, as amended by chapter
17 438 of the laws of 1962, is amended to read as follows:
18 § 486. Participation by persons under eighteen. No person under the
19 age of eighteen years shall be permitted to play any game or games of
20 bingo conducted pursuant to any license issued under this article unless
21 accompanied by an adult. No person under the age of eighteen years shall
22 be permitted to conduct or assist in the conduct of any game of bingo
23 conducted pursuant to any license issued under this article; provided,
24 however, that a member or auxiliary member who is under the age of eigh-
25 teen years and who is sixteen years of age or older shall be permitted
26 to assist in the conduct of any game of bingo if accompanied by an
27 adult.
28 § 18. Section 487 of the general municipal law, as amended by chapter
29 72 of the laws of 1982, is amended to read as follows:
30 § 487. Frequency of game; sale of alcoholic beverages. No game or
31 games of bingo, except limited period bingo, shall be conducted under
32 any license issued under this article more often than on [eighteen]
33 twenty-seven days in any three successive calendar months. No game or
34 games of limited period bingo shall be conducted between the hours of
35 twelve midnight postmeridian and noon, and no more than sixty games may
36 be conducted on any single occasion of limited period bingo. No game or
37 games of bingo shall be conducted in any room or outdoor area where
38 alcoholic beverages are sold, served or consumed during the progress of
39 the game or games.
40 § 19. Subdivision 1 of section 488 of the general municipal law, as
41 amended by chapter 337 of the laws of 1998, is amended to read as
42 follows:
43 1. No person shall hold, operate or conduct any game of bingo under
44 any license issued under this article except a bona fide member or
45 auxiliary member of the authorized organization to which the license is
46 issued[, and]. Furthermore, no person shall assist in the holding, oper-
47 ating or conducting of any game of bingo under such license except such
48 a bona fide member or [a bona fide] auxiliary member [of an organization
49 or association which is an auxiliary to the licensee or a bona fide
50 member of an organization or association of which such licensee is an
51 auxiliary or a bona fide member of an organization or association which
52 is affiliated with the licensee by being, with it, auxiliary to another
53 organization or association and except bookkeepers or accountants as
54 hereinafter provided]. Provided, however, any person may assist the
55 licensed organization in any activity related to the game of bingo which
56 does not actually involve the holding, conducting, managing or operating
S. 2440 8
1 of such game of bingo. No game of bingo shall be conducted with any
2 equipment except such as shall be owned absolutely or leased by the
3 authorized organization so licensed or used without payment of any
4 compensation therefor by the licensee. Lease terms and conditions shall
5 be subject to rules and regulations promulgated by the board. This arti-
6 cle shall not be construed to authorize or permit an authorized organ-
7 ization to engage in the business of leasing bingo supplies or equip-
8 ment. No items of expense shall be incurred or paid in connection with
9 the conducting of any game of bingo pursuant to any license issued under
10 this article, except those that are reasonable and are necessarily
11 expended for bingo supplies and equipment, prizes, stated rental if any,
12 bookkeeping or accounting services according to a schedule of compen-
13 sation prescribed by the commission, janitorial services and utility
14 supplies if any, and license fees, and the cost of bus transportation,
15 if authorized by the control commission.
16 § 20. Section 490 of the general municipal law, as amended by chapter
17 99 of the laws of 1988, is amended to read as follows:
18 § 490. Advertising of bingo games. A licensee may advertise the
19 conduct of an occasion of bingo to the general public by means of news-
20 paper, radio, circular, handbill [and], poster, electronic mail, elec-
21 tronic communications and government access television broadcasts, and
22 by one sign not exceeding sixty square feet in area, which may be
23 displayed on or adjacent to the premises owned or occupied by a licensed
24 authorized organization, and when an organization is licensed to conduct
25 bingo occasions on the premises of another licensed authorized organiza-
26 tion or of a licensed commercial lessor, one additional such sign may be
27 displayed on or adjacent to the premises in which the occasions are to
28 be conducted. Additional signs may be displayed upon any firefighting
29 equipment belonging to any licensed authorized organization which is a
30 volunteer fire company, or upon any equipment of a first aid or rescue
31 squad, or volunteer ambulance company in and throughout the community
32 served by such volunteer fire company or such first aid or rescue squad,
33 or volunteer ambulance company, as the case may be. All advertisements
34 shall be limited to the description of such event as "bingo", the name
35 of the licensed authorized organization conducting such occasions, the
36 license number of the authorized organization as assigned by the clerk
37 and the date, location and time of the bingo occasion.
38 § 21. Subdivision 1 of section 491 of the general municipal law, as
39 amended by chapter 667 of the laws of 1980, is amended to read as
40 follows:
41 1. Within [seven] ten days after the conclusion of any occasion of
42 bingo, the authorized organization which conducted the same, and its
43 members who were in charge thereof, and when applicable the authorized
44 organization which rented its premises therefor, shall each furnish to
45 the clerk of the municipality a statement subscribed by the member in
46 charge and affirmed by him or her as true, under the penalties of perju-
47 ry, showing the amount of the gross receipts derived therefrom and each
48 item of expense incurred, or paid, and each item of expenditure made or
49 to be made, the name and address of each person to whom each such item
50 has been paid, or is to be paid, with a detailed description of the
51 merchandise purchased or the services rendered therefor, the net
52 proceeds derived from such game or rental, as the case may be, and the
53 use to which such proceeds have been or are to be applied and a list of
54 prizes offered and given, with the respective values thereof, and it
55 shall be the duty of each licensee to maintain and keep such books and
56 records as may be necessary to substantiate the particulars of each such
S. 2440 9
1 statement and within fifteen days after the end of each calendar quarter
2 during which there has been any occasion of bingo, a summary statement
3 of such information, in form prescribed by the state, shall be furnished
4 in the same manner to the [state racing and wagering] board.
5 § 22. This act shall take effect on the first of January next succeed-
6 ing the date on which it shall have become a law.
