STATE OF NEW YORK
________________________________________________________________________
3280
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
___________
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.
LBD04516-02-9
A. 3280 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
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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. Subdivision 3 of section 194 of the general municipal law, as
32 amended by chapter 550 of the laws of 1994, is amended to read as
33 follows:
34 3. [Service of alcoholic beverages.] Subject to the applicable
35 provisions of the alcoholic beverage control law, beer and wine may be
36 offered for sale during the conduct of games of chance on games of
37 chance premises as such premises are defined in subdivision nineteen of
38 section one hundred eighty-six of this article; provided, however, that
39 nothing herein shall be construed to limit the offering for sale of any
40 other alcoholic beverage in areas other than the games of chance prem-
41 ises or the sale of any other alcoholic beverage in premises where only
42 the games of chance known as bell jar or raffles are conducted.
43 § 6. Section 195 of the general municipal law, as amended by chapter
44 461 of the laws of 2003, is amended to read as follows:
45 § 195. Sunday; conduct of games on. Except as provided in section one
46 hundred ninety-five-b of this article, [no] games of chance [shall] may
47 be conducted under any license issued under this article on the first
48 day of the week, commonly known and designated as Sunday, unless it
49 shall be otherwise provided in the license issued for the conducting
50 thereof, pursuant to the provisions of a local law or an ordinance duly
51 adopted by the governing body of the municipality wherein the license is
52 issued, [authorizing] prohibiting the conduct of games of chance under
53 this article on that day [only between the hours of noon and midnight].
54 Notwithstanding the foregoing provisions of this section no games of
55 chance shall be conducted on Easter Sunday or Christmas Day.
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1 § 7. Section 195-a of the general municipal law, as amended by chapter
2 574 of the laws of 1978, is amended to read as follows:
3 § 195-a. Participation by persons under eighteen. No person under the
4 age of eighteen years shall be permitted to play any game or games of
5 chance conducted pursuant to any license issued under this article.
6 Persons under the age of eighteen years may be permitted to attend games
7 of chance at the discretion of the games of chance licensee. No person
8 under the age of eighteen years shall be permitted to operate any game
9 of chance conducted pursuant to any license issued under this article or
10 to assist therein; provided, however, that a member or auxiliary member
11 who is under the age of eighteen years and who is sixteen years of age
12 or older shall be permitted to assist in the operation of any game of
13 chance if accompanied by an adult.
14 § 8. Section 195-b of the general municipal law, as amended by chapter
15 252 of the laws of 1998, is amended to read as follows:
16 § 195-b. Frequency of games. No game or games of chance, shall be
17 conducted under any license issued under this article more often than
18 [twelve] eighteen times in any calendar year. No particular premises
19 shall be used for the conduct of games of chance on more than twenty-
20 four license periods during any one calendar year. Games shall be
21 conducted only between the hours of noon and midnight on Sunday, Monday,
22 Tuesday, Wednesday and Thursday, and only between the hours of noon on
23 Friday and two A.M. Saturday, and only between the hours of noon on
24 Saturday and two A.M. Sunday. The two A.M. closing period shall also
25 apply to a legal holiday. The above restrictions shall not apply when
26 only the games of chance known as bell jar and/or raffle are conducted.
27 § 9. Section 195-c of the general municipal law, as amended by chapter
28 252 of the laws of 1998, is amended to read as follows:
29 § 195-c. [1.] Persons operating games; equipment; expenses; compen-
30 sation. 1. No person shall operate any game of chance under any license
31 issued under this article except a bona fide member or auxiliary member
32 of the authorized organization to which the license is issued[, or a
33 bona fide member of an organization or association which is an auxiliary
34 to the licensee or a bona fide member of an organization or association
35 of which such licensee is an auxiliary or a bona fide member of an
36 organization or association which is affiliated with the licensee by
37 being, with it, auxiliary to another organization or association]. Noth-
38 ing herein shall be construed to limit the number of games of chance
39 licensees for whom such persons may operate games of chance nor to
40 prevent non-members from assisting the licensee in any activity other
41 than managing or operating games. No game of chance shall be conducted
42 with any equipment except such as shall be owned or leased by the
43 authorized organization so licensed or used without payment of any
44 compensation therefor by the licensee. However, in no event shall bell
45 jar tickets be transferred from one authorized organization to another,
46 with or without payment of any compensation thereof. The head or heads
47 of the authorized organization shall upon request certify, under oath,
48 that the persons operating any game of chance are bona fide or auxiliary
49 members of such authorized organization, auxiliary or affiliated organ-
50 ization. Upon request by an officer or the department any such person
51 involved in such games of chance shall certify that he or she has no
52 criminal record. No items of expense shall be incurred or paid in
53 connection with the conducting of any game of chance pursuant to any
54 license issued under this article except those that are reasonable and
55 are necessarily expended for games of chance supplies and equipment,
56 prizes, security personnel, stated rental if any, bookkeeping or
A. 3280 5
1 accounting services according to a schedule of compensation prescribed
2 by the board, janitorial services and utility supplies if any, and
3 license fees, and the cost of bus transportation, if authorized by such
4 clerk or department. No commission, salary, compensation[,] or reward
5 [or recompense] shall be paid or given to any person for the sale or
6 assisting with the sale of raffle tickets.
7 2. For the purpose of the sale of tickets for the game of raffle, the
8 term "operate" shall not include the sale of such tickets by persons of
9 lineal or collateral consanguinity to members of an authorized organiza-
10 tion licensed to conduct a raffle.
11 § 10. Section 195-e of the general municipal law, as amended by
12 section 14 of part MM of chapter 59 of the laws of 2017, is amended to
13 read as follows:
14 § 195-e. Advertising games. A licensee may advertise the conduct of
15 games of chance to the general public by means of newspaper, circular,
16 handbill [and], poster, electronic mail, electronic communications and
17 government access television broadcasts, and by one sign not exceeding
18 sixty square feet in area, which may be displayed on or adjacent to the
19 premises owned or occupied by a licensed authorized organization,
20 through the internet or television as may be regulated by the rules and
21 regulations of the commission. When an organization is licensed or
22 authorized to conduct games of chance on the premises of an authorized
23 games of chance lessor, one additional such sign may be displayed on or
24 adjacent to the premises in which the games are to be conducted. Addi-
25 tional signs may be displayed upon any firefighting or ambulance equip-
26 ment belonging to any licensed authorized organization that is a volun-
27 teer fire company, volunteer ambulance corps or upon any equipment of a
28 first aid or rescue squad or volunteer ambulance company in and through-
29 out the community served by such volunteer fire company, volunteer ambu-
30 lance corps or such first aid or rescue squad, or volunteer ambulance
31 company, as the case may be. All advertisements shall be limited to the
32 description of such event as "Games of chance" or "Las Vegas Night", the
33 name of the authorized organization conducting such games, the license
34 number of the authorized organization as assigned by the clerk or
35 department, the prizes offered and the date, location and time of the
36 event.
37 § 11. Subdivisions 10 and 11-a of section 476 of the general municipal
38 law, subdivision 10 as amended by chapter 364 of the laws of 1968 and
39 subdivision 11-a as added by chapter 160 of the laws of 1994, are
40 amended and a new subdivision 4-a is added to read as follows:
41 4-a. "Auxiliary member" shall mean a bona fide member of an organiza-
42 tion or association which is auxiliary to an authorized organization
43 licensed pursuant to this article; or a bona fide member of an organiza-
44 tion or association of which an authorized organization licensed pursu-
45 ant to this article is an auxiliary; or a bona fide member of an organ-
46 ization or association which is affiliated with an authorized
47 organization licensed pursuant to this article by being, with it, auxil-
48 iary to another organization or association.
49 10. "Limited period bingo" shall mean the conduct of bingo by a
50 licensed authorized organization, for a period of not more than [seven]
51 ten of [twelve] fourteen consecutive days in any one year, at a
52 festival, bazaar, carnival or similar function conducted by such
53 licensed authorized organization. No authorized organization licensed to
54 conduct limited period bingo shall be otherwise eligible to conduct
55 bingo pursuant to this article in the same year.
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1 11-a. "Early bird" shall mean a bingo game which is played as a
2 special game, conducted not more than [twice] three times during a bingo
3 occasion, in which prizes are awarded based upon a percentage not to
4 exceed seventy-five percent of the sum of money received from the sale
5 of the early bird cards and which is neither subject to the prize limits
6 imposed by subdivisions five and six of section four hundred seventy-
7 nine and paragraph (a) of subdivision one of section four hundred eight-
8 y-one, nor the special game opportunity charge limit imposed by section
9 four hundred eighty-nine of this article. The percentage shall be speci-
10 fied both in the application for bingo license and the license. Not more
11 than [one dollar] two dollars shall be charged per card with the total
12 amount collected from the sale of the early bird cards and the prize for
13 each game to be announced before the commencement of each game.
14 § 12. Subdivisions 3 and 7 of section 479 of the general municipal
15 law, subdivision 3 as amended by chapter 337 of the laws of 1998 and
16 subdivision 7 as amended by chapter 814 of the laws of 1964, are amended
17 to read as follows:
18 3. No authorized organization licensed under the provisions of this
19 article shall purchase, lease, or receive any supplies or equipment
20 specifically designed or adapted for use in the conduct of bingo games
21 from other than a supplier licensed under [the bingo control law] arti-
22 cle nineteen-B of the executive law or from another authorized organiza-
23 tion.
24 7. No person except a bona fide member or auxiliary member of any such
25 organization shall participate in the management or operation of such
26 game.
27 § 13. Subdivision 3 of section 481 of the general municipal law, as
28 amended by chapter 284 of the laws of 1969, is amended to read as
29 follows:
30 3. No license shall be issued under this article which shall be effec-
31 tive for a period of more than one year. In the case of limited period
32 bingo, no license shall be issued authorizing the conduct of such games
33 on more than [two] three occasions in any one day nor shall any license
34 be issued under this article which shall be effective for a period of
35 more than [seven] ten of [twelve] fourteen consecutive days in any one
36 year. No license for the conduct of limited period bingo shall be issued
37 in cities having a population of one million or more.
38 § 14. Subdivision 1 of section 483 of the general municipal law, as
39 amended by chapter 438 of the laws of 1962, is amended to read as
40 follows:
41 1. [Eeach] Each license to conduct bingo shall be in such form as
42 shall be prescribed in the rules and regulations promulgated by the
43 control commission, and shall contain a statement of the name and
44 address of the licensee, of the names and addresses of the member or
45 members of the licensee under whom the games will be conducted, of the
46 place or places where and the date or dates and time or times when such
47 games are to be conducted and of the specific purposes to which the
48 entire net proceeds of such games are to be devoted; if any prize or
49 prizes are to be offered and given in cash, a statement of the amounts
50 of the prizes authorized so to be offered and given; and any other
51 information which may be required by said rules and regulations to be
52 contained therein, and each license issued for the conduct of any game
53 shall be conspicuously displayed at the place where same is to be
54 conducted at all times during the conduct thereof.
55 § 15. Section 485 of the general municipal law, as amended by chapter
56 438 of the laws of 1962, is amended to read as follows:
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1 § 485. Sunday; conduct of games on. [No games] Games of bingo [shall]
2 may be conducted under any license issued under this article on the
3 first day of the week, commonly known as [designated as] Sunday, unless
4 it shall be otherwise provided in the license issued for the holding,
5 operating and conducting thereof, pursuant to the provisions of a local
6 law or an ordinance duly adopted by the governing body of the munici-
7 pality issuing the license, [authorizing] prohibiting the conduct of
8 bingo under this article on that day.
9 § 16. Section 486 of the general municipal law, as amended by section
10 6 of part MM of chapter 59 of the laws of 2017, is amended to read as
11 follows:
12 § 486. Participation by persons under the age of eighteen. No person
13 under the age of eighteen years shall be permitted to play any game or
14 games of bingo conducted pursuant to any license issued under this arti-
15 cle. No person under the age of eighteen years shall be permitted to
16 conduct, operate or assist in the conduct of any game of bingo conducted
17 pursuant to any license issued pursuant to this article. Nothing in this
18 section shall prevent a person sixteen years of age or older from
19 performing ancillary non-gaming activities conducted in conjunction with
20 any game of bingo conducted pursuant to any license pursuant to this
21 article; provided, however, that a member or auxiliary member who is
22 under the age of eighteen years and who is sixteen years of age or older
23 shall be permitted to assist in the conduct of any game of bingo if
24 accompanied by an adult.
25 § 17. Section 487 of the general municipal law, as amended by chapter
26 72 of the laws of 1982, is amended to read as follows:
27 § 487. Frequency of game; sale of alcoholic beverages. No game or
28 games of bingo, except limited period bingo, shall be conducted under
29 any license issued under this article more often than on [eighteen]
30 twenty-seven days in any three successive calendar months. No game or
31 games of limited period bingo shall be conducted between the hours of
32 twelve midnight postmeridian and noon, and no more than sixty games may
33 be conducted on any single occasion of limited period bingo. No game or
34 games of bingo shall be conducted in any room or outdoor area where
35 alcoholic beverages are sold, served or consumed during the progress of
36 the game or games.
37 § 18. Subdivision 1 of section 488 of the general municipal law, as
38 amended by chapter 337 of the laws of 1998, is amended to read as
39 follows:
40 1. No person shall hold, operate or conduct any game of bingo under
41 any license issued under this article except a bona fide member or
42 auxiliary member of the authorized organization to which the license is
43 issued[, and]. Furthermore, no person shall assist in the holding, oper-
44 ating or conducting of any game of bingo under such license except such
45 a bona fide member or [a bona fide] auxiliary member [of an organization
46 or association which is an auxiliary to the licensee or a bona fide
47 member of an organization or association of which such licensee is an
48 auxiliary or a bona fide member of an organization or association which
49 is affiliated with the licensee by being, with it, auxiliary to another
50 organization or association and except bookkeepers or accountants as
51 hereinafter provided]. Provided, however, any person may assist the
52 licensed organization in any activity related to the game of bingo which
53 does not actually involve the holding, conducting, managing or operating
54 of such game of bingo. No game of bingo shall be conducted with any
55 equipment except such as shall be owned absolutely or leased by the
56 authorized organization so licensed or used without payment of any
A. 3280 8
1 compensation therefor by the licensee. Lease terms and conditions shall
2 be subject to rules and regulations promulgated by the board. This arti-
3 cle shall not be construed to authorize or permit an authorized organ-
4 ization to engage in the business of leasing bingo supplies or equip-
5 ment. No items of expense shall be incurred or paid in connection with
6 the conducting of any game of bingo pursuant to any license issued under
7 this article, except those that are reasonable and are necessarily
8 expended for bingo supplies and equipment, prizes, stated rental if any,
9 bookkeeping or accounting services according to a schedule of compen-
10 sation prescribed by the commission, janitorial services and utility
11 supplies if any, and license fees, and the cost of bus transportation,
12 if authorized by the control commission.
13 § 19. Section 490 of the general municipal law, as amended by section
14 8 of part MM of chapter 59 of the laws of 2017, is amended to read as
15 follows:
16 § 490. Advertising of bingo games. A licensee may advertise the
17 conduct of an occasion of bingo to the general public by means of news-
18 paper, radio, circular, handbill [and], poster, electronic mail, elec-
19 tronic communications and government access television broadcasts, by
20 one sign not exceeding sixty square feet in area, which may be displayed
21 on or adjacent to the premises owned or occupied by a licensed author-
22 ized organization, and through the internet or television as may be
23 regulated by the rules and regulations of the commission. When an organ-
24 ization is licensed to conduct bingo occasions on the premises of anoth-
25 er licensed authorized organization or of a licensed commercial lessor,
26 one additional such sign may be displayed on or adjacent to the premises
27 in which the occasions are to be conducted. Additional signs may be
28 displayed upon any firefighting or ambulance equipment belonging to any
29 licensed authorized organization which is a volunteer fire company,
30 volunteer ambulance corps 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, volunteer ambulance corps or such
33 first aid or rescue squad, or volunteer ambulance company, as the case
34 may be. All advertisements shall be limited to the description of such
35 event as "bingo", the name of the licensed authorized organization
36 conducting such bingo occasions, the license number of the authorized
37 organization as assigned by the clerk; the prizes offered and the date,
38 location and time of the bingo occasion.
39 § 20. Subdivision 1 of section 491 of the general municipal law, as
40 amended by section 9 of part MM of chapter 59 of the laws of 2017, is
41 amended to read as follows:
42 1. Within [seven] ten days after the conclusion of any occasion of
43 bingo, the authorized organization that conducted the same, and such
44 authorized organization's members who were in charge thereof, and when
45 applicable the authorized organization that rented its premises there-
46 for, shall each furnish to the clerk of the municipality a statement
47 subscribed by the member in charge and affirmed by such person as true,
48 under the penalties of perjury, showing the amount of the gross receipts
49 derived therefrom and each item of expense incurred, or paid, and each
50 item of expenditure made or to be made, the name and address of each
51 person to whom each such item has been paid, or is to be paid, with a
52 detailed description of the merchandise purchased or the services
53 rendered therefor, the net proceeds derived from such game or rental, as
54 the case may be, and the use to which such proceeds have been or are to
55 be applied and a list of prizes offered and given, with the respective
56 values thereof. A clerk may make provisions for the option for the elec-
A. 3280 9
1 tronic filing of such statement. It shall be the duty of each licensee
2 to maintain and keep such books and records as may be necessary to
3 substantiate the particulars of each such statement and within fifteen
4 days after the end of each calendar quarter during which there has been
5 any occasion of bingo, a summary statement of such information, in form
6 prescribed by the commission, shall be furnished in the same manner to
7 the commission.
8 § 21. This act shall take effect on the first of January next succeed-
9 ing the date on which it shall have become a law.