STATE OF NEW YORK
________________________________________________________________________
8183
IN SENATE
April 16, 2018
___________
Introduced by Sen. BONACIC -- (at request of the New York State Gaming
Commission) -- 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 and the executive law, in
relation to improvement of charitable gaming and making technical
changes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 476 of the general municipal law is amended by
2 adding a new subdivision 14 to read as follows:
3 14. "Electronic bingo aid" means any electronic hardware device or
4 electronic system, whether fixed or portable, or any software used in
5 conjunction with a common computer, designed to assist sight-impaired
6 players and others in the playing of bingo.
7 § 2. Paragraphs (a), (b) and (c) of subdivision 2 and subdivision 3 of
8 section 435 of the executive law, as amended by chapter 437 of the laws
9 of 1962, paragraph (a) of subdivision 2 as amended by chapter 337 of the
10 laws of 1998, paragraph (b) of subdivision 2 as amended by section 1 of
11 part MM of chapter 59 of the laws of 2017, clause 1 of paragraph (c) of
12 subdivision 2 as amended by chapter 371 of the laws of 1974, and subdi-
13 vision 3 as amended by chapter 889 of the laws of 1966, are amended and
14 a new subdivision 4 is added to read as follows:
15 (a) The commission shall have the power to issue or, after hearing,
16 refuse to issue a license permitting a person, firm or corporation to
17 sell or distribute to any other person, firm or corporation engaged in
18 business as a wholesaler, jobber, distributor or retailer of all cards,
19 boards, sheets, pads and all other supplies, devices and equipment
20 designed for use in the play of bingo by an organization duly licensed
21 to conduct bingo games or to sell or distribute any such materials
22 directly to such an organization. For the purposes of this section the
23 words "sell or distribute" shall include, but shall not be limited to,
24 the following activities; offering for sale, receiving, handling, main-
25 taining, storing the same on behalf of such an organization, distribut-
26 ing or providing the same to such an organization, and offering for sale
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14359-01-8
S. 8183 2
1 or lease bingo devices and equipment. Each such license shall be valid
2 for [one year] three years.
3 (b) No person, firm or corporation, other than an organization that is
4 or has been during the preceding twelve months duly licensed to conduct
5 bingo games, shall sell or distribute bingo supplies or equipment with-
6 out having first obtained a license therefor upon a written or electron-
7 ic application made, verified and filed with the commission in the form
8 prescribed by the rules and regulations of the commission. As a part of
9 its determination concerning the applicant's suitability for licensing
10 as a bingo supplier, the commission shall require the applicant to
11 furnish to such [board] commission two sets of fingerprints. Such fing-
12 erprints shall be submitted to the division of criminal justice services
13 for a state criminal history record check, as defined in subdivision one
14 of section three thousand thirty-five of the education law, and may be
15 submitted to the federal bureau of investigation for a national criminal
16 history record check. In each such application for a license under this
17 section shall be stated the name and address of the applicant; the names
18 and addresses of its officers, directors, shareholders or partners; the
19 amount of gross receipts realized on the sale or distribution of bingo
20 supplies and equipment to duly licensed organizations during the last
21 preceding calendar or fiscal year, and such other information as shall
22 be prescribed by such rules and regulations. The fee for such license
23 shall be a sum equal to twenty-five dollars plus an amount [based upon]
24 equal to two percent of the gross sales, if any, of bingo equipment and
25 supplies to authorized organizations by the applicant during the preced-
26 ing calendar year, or fiscal year if the applicant maintains his [or],
27 her or its accounts on a fiscal year basis[, and determined in accord-
28 ance with the following schedule:
29 gross sales of $1,000 to $4,999................$10.00
30 gross sales of $5,000 to $19,999...............$50.00
31 gross sales of $20,000 to $49,999.............$200.00
32 gross sales of $50,000 to $100,000............$500.00
33 gross sales in excess of $100,000..........$1,000.00].
34 (c) The following shall be ineligible for such a license:
35 (1) a person convicted of a crime [who has not received a pardon, a
36 certificate of good conduct or a certificate of relief from disabili-
37 ties] if there is a direct relationship between one or more of the
38 previous criminal offenses and the integrity of bingo, considering the
39 factors set forth in article twenty-three-A of the correction law;
40 (2) a person who is or has been a professional gambler or gambling
41 promoter or who for other reasons is not of good moral character;
42 (3) a public officer or employee;
43 (4) an operator or proprietor of a commercial hall duly licensed under
44 the bingo licensing law;
45 (5) a firm or corporation in which a person defined in [subdivision
46 (1), (2), (3) or (4) above] clause one, two, three or four of this para-
47 graph, or a person married or related in the first degree to such a
48 person, has greater than a ten [per centum] percent proprietary, equita-
49 ble or credit interest or in which such a person is active or employed.
50 3. The commission shall have the power to approve and establish a
51 standard set of bingo cards comprising a consecutively numbered series
52 and shall by its rules and regulations prescribe the manner in which
53 such cards are to be reproduced and distributed to licensed authorized
54 organizations. The sale or distribution to a licensed authorized organ-
55 ization of any card or cards other than those contained in the standard
56 set of bingo cards shall constitute a violation of this section.
S. 8183 3
1 Licensed authorized organizations shall not be required to use nor to
2 maintain such cards seriatim [excepting that the same may be required in
3 the conduct of limited period bingo games].
4 4. Each supplier of electronic bingo aids shall register with the
5 commission annually each such unit present in the state. For each unit
6 so registered, a supplier shall pay an annual fee in the amount of twen-
7 ty-five dollars.
8 § 3. Section 489 of the general municipal law, as amended by chapter
9 524 of the laws of 2000, is amended to read as follows:
10 § 489. Charge for admission and participation; amount of prizes; award
11 of prizes. 1. Except in the conduct of limited period bingo, not more
12 than [five] ten dollars shall be charged by any licensee for admission
13 to any room or place in which any game or games of bingo are to be
14 conducted under any license issued under this article, which admission
15 fee, upon payment thereof, shall entitle the person paying the same to
16 participate without additional charge in all regular games of bingo to
17 be played under such license on such occasion.
18 2. In the conduct of limited period bingo:
19 (a) no admission fee shall be charged[,];
20 (b) not more than twenty-five cents shall be charged for a single
21 opportunity to participate in any one game of bingo, which charge, upon
22 payment thereof, shall entitle the person paying the same to one card
23 for participation in one such game[,]; and
24 (c) no licensee shall sell more than five opportunities to each player
25 participating in any one game of bingo.
26 3. Every winner in a game of bingo shall be determined and every prize
27 shall be awarded and delivered within the same calendar day as that upon
28 which the game was played. No alcoholic beverage shall be offered or
29 given as a prize in any game of bingo.
30 § 4. Subdivision 4 of section 186 of the general municipal law, as
31 amended by chapter 574 of the laws of 1978, is amended to read as
32 follows:
33 4. "Authorized organization" shall mean and include any bona fide
34 religious or charitable organization or bona fide educational, fraternal
35 or service organization or bona fide organization of veterans or volun-
36 teer firemen, which by its charter, certificate of incorporation,
37 constitution, or act of the legislature, shall have among its dominant
38 purposes one or more of the lawful purposes as defined in this article,
39 provided that each shall operate without profit to its members, and
40 provided that each such organization has engaged in serving one or more
41 of the lawful purposes as defined in this article for a period of [three
42 years immediatley] one year immediately prior to applying for a license
43 under this article.
44 § 5. Subdivision 1 of section 189 of the general municipal law, as
45 amended by chapter 574 of the laws of 1978, is amended to read as
46 follows:
47 1. No person, firm, partnership, corporation or organization, other
48 than a licensee under the provisions of section one hundred ninety-one
49 of this article, shall conduct such game or shall lease or otherwise
50 make available for conducting games of chance premises for any consider-
51 ation whatsoever, direct or indirect, except that a leased premises may
52 be made available to an authorized organization to conduct a raffle that
53 complies with paragraph (b) of subdivision thirteen of this section.
54 § 6. Section 189-a of the general municipal law, as added by chapter
55 574 of the laws of 1978, the opening paragraph as amended by chapter 164
56 of the laws of 2003, is amended to read as follows:
S. 8183 4
1 § 189-a. Authorized supplier of games of chance equipment. No person,
2 firm, partnership, corporation or organization, shall sell or distribute
3 supplies or equipment specifically designed or adapted for use in
4 conduct of games of chance without having first obtained a license
5 therefor upon written application made, verified and filed with the
6 [board] gaming commission in the form prescribed by the rules and regu-
7 lations of the [board] gaming commission. As a part of [its] the gaming
8 commission's determination concerning the applicant's suitability for
9 licensing as a games of chance supplier, the [board] gaming commission
10 shall require the applicant to furnish to the [board] gaming commission
11 two sets of fingerprints. Such fingerprints shall be submitted to the
12 division of criminal justice services for a state criminal history
13 record check, as defined in subdivision one of section three thousand
14 thirty-five of the education law, and may be submitted to the federal
15 bureau of investigation for a national criminal history record check.
16 Manufacturers of bell jar tickets shall be considered suppliers of such
17 equipment. In each such application for a license under this section
18 shall be stated the name and address of the applicant; the names and
19 addresses of its officers, directors, shareholders or partners; the
20 amount of gross receipts realized on the sale and rental of games of
21 chance supplies and equipment to duly licensed authorized organizations
22 during the last preceding calendar or fiscal year, and such other infor-
23 mation as shall be prescribed by such rules and regulations. The fee for
24 such license shall be a sum equal to twenty-five dollars plus an amount
25 equal to two [per centum] percent of the gross sales and rentals, if
26 any, of games of chance equipment and supplies to authorized organiza-
27 tions or authorized games of chance lessors by the applicant during the
28 preceding calendar year, or fiscal year if the applicant maintains his,
29 her or its accounts on a fiscal year basis. No license granted pursuant
30 to the provisions of this section shall be effective for a period of
31 more than [one year] three years.
32 (a) The following shall be ineligible for such a license:
33 (1) a person convicted of a crime [who has not received a pardon, a
34 certificate of good conduct or a certificate of relief from disabili-
35 ties] if there is a direct relationship between one or more of the
36 previous criminal offenses and the integrity of charitable gaming,
37 considering the factors set forth in article twenty-three-A of the
38 correction law;
39 (2) a person who is or has been a professional gambler or gambling
40 promoter or who for other reasons is not of good moral character;
41 (3) a public officer or employee;
42 (4) an authorized games of chance lessor;
43 (5) a firm or corporation in which a person defined in paragraph one,
44 two, three or four of this subdivision [(1), (2), (3) or (4) above] has
45 greater than a ten per centum proprietary, equitable or credit interest
46 or in which such a person is active or employed.
47 (b) The [board] gaming commission shall have power to examine or cause
48 to be examined the books and records of any applicant for a license,
49 under this section. Any information so received shall not be disclosed
50 except so far as may be necessary for the purpose of carrying out the
51 provisions of this article.
52 (c) Any solicitation of an organization licensed to conduct games of
53 chance, to purchase or induce the purchase of games of chance supplies
54 and equipment, other than by a person licensed or otherwise authorized
55 pursuant to this section, shall constitute a violation of this section.
S. 8183 5
1 (d) Any person who willfully [shall make] makes any material false
2 statement in any application for a license authorized to be issued under
3 this section or who willfully [shall violate] violates any of the
4 provisions of this section or of any license issued hereunder shall be
5 guilty of a misdemeanor and, in addition to the penalties in such case
6 made and provided, shall forfeit any license issued to him, her or it
7 under this section and be ineligible to apply for a license under this
8 section for one year thereafter.
9 (e) At the end of such period specified in the license, a recapitu-
10 lation shall be made as between the licensee and the [board] gaming
11 commission in respect of the gross sales and rentals actually recorded
12 during that period and the fee paid therefor, and any deficiency of fee
13 thereby shown to be due shall be paid by the licensee and any excess of
14 fee thereby shown to have been paid shall be credited to said licensee
15 in such manner as the [board] gaming commission by [the] rules and regu-
16 lations shall prescribe.
17 § 7. This act shall take effect immediately.
