Bill Text: NY S01357 | 2015-2016 | General Assembly | Introduced
Bill Title: Eases certain restrictions on the conducting of games of chance and bingo for charitable purposes; authorizes the payment, out of the net proceeds of games of chance and bingo, of reimbursement for reasonable expenses of volunteers working at the games; expands the frequency upon which games of chance and bingo may be held; authorizes auxiliary members of authorized organizations to operate games of chance and bingo; authorizes persons convicted of crimes to operate games of chance and bingo when participating in a rehabilitation program; authorizes conducting of games of chance and bingo on Sundays; expands advertising of games of chance and bingo.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO RACING, GAMING AND WAGERING [S01357 Detail]
Download: New_York-2015-S01357-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1357
2015-2016 Regular Sessions
I N S E N A T E
January 12, 2015
___________
Introduced by Sens. KLEIN, CARLUCCI -- 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 6 of section 186 of the general munici-
2 pal law, as amended by chapter 574 of the laws of 1978, are amended and
3 two new subdivisions 4-a and 22 are added to read as follows:
4 4. "Authorized organization" shall mean and include any bona fide
5 religious or charitable organization or bona fide educational, fraternal
6 or service organization or bona fide organization of veterans [or],
7 volunteer [firemen] FIREFIGHTERS OR VOLUNTEER AMBULANCE WORKERS, which
8 by its charter, certificate of incorporation, constitution, or act of
9 the legislature, shall have among its dominant purposes one or more of
10 the lawful purposes as defined in this article, provided that each shall
11 operate without profit to its members, and provided that each such
12 organization has engaged in serving one or more of the lawful purposes
13 as defined in this article for a period of three years [immediatley]
14 IMMEDIATELY prior to applying for a license under this article.
15 No organization shall be deemed an authorized organization which is
16 formed primarily for the purpose of conducting games of chance and which
17 does not devote at least seventy-five percent of its activities to other
18 than conducting games of chance. No political party shall be deemed an
19 authorized organization.
20 4-A. "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
21 TION OR ASSOCIATION WHICH IS AUXILIARY TO AN AUTHORIZED ORGANIZATION
22 LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
23 TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU-
24 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.
LBD03885-01-5
S. 1357 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 6. "Net proceeds" shall mean (a) in relation to the gross receipts
5 from one or more license periods of games of chance, the amount that
6 shall remain after deducting the reasonable sums necessarily and actual-
7 ly expended for CONDUCTING GAMES OF CHANCE INCLUDING, BUT NOT LIMITED
8 TO, supplies and equipment, prizes, security-personnel, stated rental if
9 any, bookkeeping or accounting services according to a schedule of
10 compensation prescribed by the board, janitorial services and utility
11 supplies if any, license fees, and [the cost of bus transportation]
12 REIMBURSEMENT OF REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE
13 THEIR TIME TO HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH
14 GAMES, AND AS AUTHORIZED BY THE BOARD AND if authorized by the clerk or
15 department and (b) in relation to the gross rent received by an author-
16 ized games of chance lessor for the use of its premises by a game of
17 chance licensee, the amount that shall remain after deducting the
18 reasonable sums necessarily and actually expended for janitorial
19 services and utility supplies directly attributable thereto if any.
20 22. "REASONABLE EXPENSES" SHALL INCLUDE, BUT NOT BE LIMITED TO, CHILD
21 CARE EXPENSES, TRANSPORTATION EXPENSES, MEALS AND OTHER EXPENSES, AS
22 DETERMINED AND REGULATED BY THE BOARD.
23 S 2. Subdivisions 4, 5, 6, 8, 10 and 11 of section 189 of the general
24 municipal law, subdivisions 4, 10 and 11 as amended by chapter 574 of
25 the laws of 1978, subdivisions 5 and 8 as amended by chapter 455 of the
26 laws of 2012 and subdivision 6 as amended by chapter 302 of the laws of
27 2010, are amended to read as follows:
28 4. The entire net proceeds of any game of chance shall be exclusively
29 devoted to the lawful purposes of the organization permitted to conduct
30 the same and the net proceeds of any rental derived therefrom shall be
31 exclusively devoted to the lawful purposes of the authorized games of
32 chance lessor; PROVIDED, HOWEVER, THAT A PERSON MAY ACCEPT REIMBURSEMENT
33 OF REASONABLE EXPENSES INCURRED TO MANAGE, HOLD, OPERATE OR CONDUCT SUCH
34 GAMES.
35 5. No single prize awarded by games of chance other than raffle shall
36 exceed the sum or value of [three] FOUR hundred dollars, except that for
37 merchandise wheels, no single prize shall exceed the sum or value of
38 [two] THREE hundred [fifty] dollars. No single prize awarded by raffle
39 shall exceed the sum or value of one hundred thousand dollars. No single
40 wager shall exceed six dollars and for bell jars, coin boards, or
41 merchandise boards, no single prize shall exceed five hundred dollars
42 provided, however, that such limitation shall not apply to the amount of
43 money or value paid by the participant in a raffle in return for a tick-
44 et or other receipt. For coin boards and merchandise boards, the value
45 of a prize shall be determined by its costs to the authorized organiza-
46 tion or, if donated, its fair market value.
47 6. No authorized organization shall award a series of prizes consist-
48 ing of cash or of merchandise with an aggregate value in excess of ten
49 thousand dollars during the successive operations of any one merchandise
50 wheel OR BELL JAR, and three thousand dollars during the successive
51 operations of any [bell jar,] coin board[,] or merchandise board. No
52 series of prizes awarded by raffle shall have an aggregate value in
53 excess of five hundred thousand dollars. For coin boards and merchandise
54 boards, the value of a prize shall be determined by its cost to the
55 authorized organization or, if donated, its fair market value.
S. 1357 3
1 8. Except for merchandise wheels and raffles, no series of prizes on
2 any one occasion shall aggregate more than [four] FIVE hundred dollars
3 when the licensed authorized organization conducts five single types of
4 games of chance during any one license period. Except for merchandise
5 wheels, raffles and bell jars, no series of prizes on any one occasion
6 shall aggregate more than five hundred dollars when the licensed author-
7 ized organization conducts less than five single types of games of
8 chance, exclusive of merchandise wheels, raffles and bell jars, during
9 any one license period. No authorized organization shall award by raffle
10 prizes with an aggregate value in excess of two million dollars during
11 any one license period.
12 10. No person except a bona fide member of the licensed authorized
13 organization OR AN AUXILIARY MEMBER OF SUCH ORGANIZATION shall partic-
14 ipate in the management of such games[; no person except a bona fide
15 member of the licensed authorized organization, its auxiliary or affil-
16 iated organization, shall participate in the operation of such game, as
17 set forth in section one hundred ninety-five-c of this article].
18 11. No person shall receive any remuneration for participating in the
19 management or operation of any such game; PROVIDED, HOWEVER, THAT A
20 PERSON MAY ACCEPT REIMBURSEMENT OF REASONABLE EXPENSES INCURRED TO
21 MANAGE, HOLD, OPERATE OR CONDUCT GAMES OF CHANCE.
22 S 3. Subparagraph 5 of paragraph (a) of subdivision 1 of section 190
23 of the general municipal law, as amended by chapter 574 of the laws of
24 1978, is amended to read as follows:
25 (5) the purposes to which the entire net proceeds of such games are to
26 be devoted and in what manner; that no commission, salary, compen-
27 sation[,] OR reward [or recompense] will be paid to any person for
28 conducting such game or games or for assisting therein except as in this
29 article otherwise provided; and such other information as shall be
30 prescribed by such rules and regulations.
31 S 4. Paragraph (b) of subdivision 1 of section 190 of the general
32 municipal law, as amended by chapter 574 of the laws of 1978, is amended
33 to read as follows:
34 (b) In each application there shall be designated not less than [four]
35 THREE bona fide members of the applicant organization under whom the
36 game or games of chance will be managed and to the application shall be
37 appended a statement executed by the members so designated, that they
38 will be responsible for the management of such games in accordance with
39 the terms of the license, the rules and regulations of the board, this
40 article and the applicable local laws or ordinances.
41 S 5. Paragraph (a) of subdivision 2 of section 190-a of the general
42 municipal law, as amended by chapter 400 of the laws of 2005, is amended
43 to read as follows:
44 (a) For the purposes of this section, "authorized organization" shall
45 mean and include any bona fide religious or charitable organization or
46 bona fide educational, fraternal or service organization or bona fide
47 organization of veterans [or], volunteer [firefighter] FIREFIGHTERS OR
48 VOLUNTEER AMBULANCE WORKERS, which by its charter, certificate of incor-
49 poration, constitution, or act of the legislature, shall have among its
50 dominant purposes one or more of the lawful purposes as defined in this
51 article, provided that each shall operate without profit to its members,
52 and provided that each such organization has engaged in serving one or
53 more of the lawful purposes as defined in this article for a period of
54 three years immediately prior to being granted the filing requirement
55 exemption contained in subdivision one of this section.
S. 1357 4
1 S 6. Subdivision 3 of section 190-a of the general municipal law, as
2 added by chapter 400 of the laws of 2005, is amended to read as follows:
3 3. No person under the age of eighteen shall be permitted to play[,
4 operate or assist] in any raffle conducted pursuant to this section. NO
5 PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL BE PERMITTED TO OPERATE OR
6 ASSIST IN ANY RAFFLE CONDUCTED PURSUANT TO THIS SECTION; PROVIDED,
7 HOWEVER, THAT A PERSON UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS
8 SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED TO ASSIST IN ANY RAFFLE
9 IF ACCOMPANIED BY AN ADULT.
10 S 7. Paragraph (a) of subdivision 1 of section 191 of the general
11 municipal law, as amended by section 15 of part LL of chapter 56 of the
12 laws of 2010, is amended to read as follows:
13 (a) Issuance of licenses to conduct games of chance. If such clerk or
14 department shall determine that the applicant is duly qualified to be
15 licensed to conduct games of chance under this article; that the member
16 or members of the applicant designated in the application to manage
17 games of chance are bona fide active members of the applicant and are
18 persons of good moral character and have never been convicted of a
19 crime, or, if convicted, have received a pardon, a certificate of good
20 conduct or a certificate of relief from disabilities pursuant to article
21 twenty-three of the correction law, OR, IF CONVICTED, THE MEMBER OR
22 MEMBERS ARE PARTICIPATING IN A REHABILITATION PROGRAM LICENSED OR CERTI-
23 FIED BY A STATE AGENCY AND OPERATED BY THE APPLICANT OR AN AUXILIARY
24 THEREOF; that such games are to be conducted in accordance with the
25 provisions of this article and in accordance with the rules and regu-
26 lations of the board and applicable local laws or ordinances and that
27 the proceeds thereof are to be disposed of as provided by this article,
28 and if such clerk or department is satisfied that no commission, salary,
29 compensation[,] OR reward [or recompense] whatever will be paid or given
30 to any person managing, operating or assisting therein except as [in
31 this article] otherwise provided IN THIS ARTICLE, INCLUDING REIMBURSE-
32 MENT OF REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME
33 TO HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH GAMES; it
34 shall issue a license to the applicant for the conduct of games of
35 chance upon payment of a license fee of twenty-five dollars for each
36 license period.
37 S 8. Subdivision 3 of section 194 of the general municipal law, as
38 amended by chapter 550 of the laws of 1994, is amended to read as
39 follows:
40 3. [Service of alcoholic beverages.] Subject to the applicable
41 provisions of the alcoholic beverage control law, beer AND WINE may be
42 offered for sale during the conduct of games of chance on games of
43 chance premises as such premises are defined in subdivision nineteen of
44 section one hundred eighty-six of this article; provided, however, that
45 nothing herein shall be construed to limit the offering for sale of any
46 other alcoholic beverage in areas other than the games of chance prem-
47 ises or the sale of any other alcoholic beverage in premises where only
48 the games of chance known as bell jar or raffles are conducted.
49 S 9. Section 195 of the general municipal law, as amended by chapter
50 461 of the laws of 2003, is amended to read as follows:
51 S 195. Sunday; conduct of games on. Except as provided in section one
52 hundred ninety-five-b of this article, [no] games of chance [shall] MAY
53 be conducted under any license issued under this article on the first
54 day of the week, commonly known and designated as Sunday, unless it
55 shall be otherwise provided in the license issued for the conducting
56 thereof, pursuant to the provisions of a local law or an ordinance duly
S. 1357 5
1 adopted by the governing body of the municipality wherein the license is
2 issued, [authorizing] PROHIBITING the conduct of games of chance under
3 this article on that day [only between the hours of noon and midnight].
4 Notwithstanding the foregoing provisions of this section no games of
5 chance shall be conducted on Easter Sunday or Christmas Day.
6 S 10. Section 195-a of the general municipal law, as amended by chap-
7 ter 574 of the laws of 1978, is amended to read as follows:
8 S 195-a. Participation by persons under eighteen. No person under the
9 age of eighteen years shall be permitted to play any game or games of
10 chance conducted pursuant to any license issued under this article.
11 Persons under the age of eighteen years may be permitted to attend games
12 of chance [at the discretion of the games of chance licensee]. No
13 person under the age of eighteen years shall be permitted to operate any
14 game of chance conducted pursuant to any license issued under this arti-
15 cle or to assist therein; PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE
16 OF EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE
17 PERMITTED TO ASSIST IN THE OPERATION OF ANY GAME OF CHANCE IF ACCOMPA-
18 NIED BY A PARENT.
19 S 11. Section 195-b of the general municipal law, as amended by chap-
20 ter 252 of the laws of 1998, is amended to read as follows:
21 S 195-b. Frequency of games. No game or games of chance, shall be
22 conducted under any license issued under this article more often than
23 [twelve] EIGHTEEN times in any calendar year. No particular premises
24 shall be used for the conduct of games of chance on more than twenty-
25 four license periods during any one calendar year. Games shall be
26 conducted only between the hours of noon and midnight on SUNDAY, Monday,
27 Tuesday, Wednesday and Thursday, and only between the hours of noon on
28 Friday and two A.M. Saturday, and only between the hours of noon on
29 Saturday and two A.M. Sunday. The two A.M. closing period shall also
30 apply to a legal holiday. The above restrictions shall not apply when
31 only the games of chance known as bell jar and/or raffle are conducted.
32 S 12. Section 195-c of the general municipal law, as amended by chap-
33 ter 252 of the laws of 1998, is amended to read as follows:
34 S 195-c. [1.] Persons operating games; equipment; expenses; compen-
35 sation. 1. No person shall operate any game of chance under any license
36 issued under this article except a bona fide member OR AUXILIARY MEMBER
37 of the authorized organization to which the license is issued[, or a
38 bona fide member of an organization or association which is an auxiliary
39 to the licensee or a bona fide member of an organization or association
40 of which such licensee is an auxiliary or a bona fide member of an
41 organization or association which is affiliated with the licensee by
42 being, with it, auxiliary to another organization or association]. Noth-
43 ing herein shall be construed to limit the number of games of chance
44 licensees for whom such persons may operate games of chance nor to
45 prevent non-members from assisting the licensee in any activity other
46 than managing or operating games. No game of chance shall be conducted
47 with any equipment except such as shall be owned or leased by the
48 authorized organization so licensed or used without payment of any
49 compensation therefor by the licensee. However, in no event shall bell
50 jar tickets be transferred from one authorized organization to another,
51 with or without payment of any compensation thereof. The head or heads
52 of the authorized organization shall upon request certify, under oath,
53 that the persons operating any game of chance are bona fide OR AUXILIARY
54 members of such authorized organization, auxiliary or affiliated organ-
55 ization. Upon request by an officer or the department any such person
56 involved in such games of chance shall certify that he or she has no
S. 1357 6
1 criminal record. No items of expense shall be incurred or paid in
2 connection with the conducting of any game of chance pursuant to any
3 license issued under this article except those that are reasonable and
4 are necessarily expended for games of chance supplies and equipment,
5 prizes, security personnel, stated rental if any, bookkeeping or
6 accounting services according to a schedule of compensation prescribed
7 by the board, janitorial services and utility supplies if any, and
8 license fees, REIMBURSEMENT OF REASONABLE EXPENSES INCURRED BY VOLUN-
9 TEERS WHO DONATE THEIR TIME TO OPERATE OR ASSIST IN THE OPERATION OF
10 GAMES OF CHANCE and the cost of bus transportation, if authorized by
11 such clerk or department. No commission, salary, compensation[,] OR
12 reward [or recompense] shall be paid or given to any person for the sale
13 or assisting with the sale of raffle tickets.
14 2. For the purpose of the sale of tickets for the game of raffle, the
15 term "operate" shall not include the sale of such tickets by persons of
16 lineal or collateral consanguinity to members of an authorized organiza-
17 tion licensed to conduct a raffle.
18 S 13. Section 195-e of the general municipal law, as amended by chap-
19 ter 94 of the laws of 1981, is amended to read as follows:
20 S 195-e. Advertising games. A licensee may advertise the conduct of
21 games of chance to the general public by means of newspaper, circular,
22 handbill [and], poster, ELECTRONIC MAIL, ELECTRONIC COMMUNICATIONS AND
23 GOVERNMENT ACCESS TELEVISION BROADCASTS, and by one sign not exceeding
24 sixty square feet in area, which may be displayed on or adjacent to the
25 premises owned or occupied by a licensed authorized organization, and
26 when an organization is licensed to conduct games of chance on premises
27 of an authorized games of chance lessor, one additional such sign may be
28 displayed on or adjacent to the premises in which the games are to be
29 conducted. Additional signs may be displayed upon any fire fighting
30 equipment belonging to any licensed authorized organization which is a
31 volunteer fire company, or upon any equipment of a first aid or rescue
32 squad, OR VOLUNTEER AMBULANCE COMPANY in and throughout the community
33 served by such volunteer fire company or such first aid or rescue squad,
34 OR VOLUNTEER AMBULANCE COMPANY, as the case may be. All advertisements
35 shall be limited to the description of such event as "Games of chance"
36 or "Las Vegas Night", the name of the authorized organization conducting
37 such games, the license number of the authorized organization as
38 assigned by the clerk or department and the date, location and time of
39 the event.
40 S 14. Subdivision 3 of section 195-f of the general municipal law, as
41 amended by chapter 550 of the laws of 1994, is amended to read as
42 follows:
43 3. Any authorized organization required to file an annual report with
44 the secretary of state pursuant to article seven-A of the executive law
45 [or the attorney general pursuant to article eight of the estates,
46 powers and trusts law] shall include with such annual report a copy of
47 the statement required to be filed with the clerk or department pursuant
48 to subdivision one or two of this section.
49 S 15. Subdivision 1 of section 195-n of the general municipal law, as
50 amended by chapter 637 of the laws of 1999, is amended to read as
51 follows:
52 1. Distribution; manufacturers. For business conducted in this state,
53 manufacturers licensed by the board to sell bell jar tickets shall sell
54 only such tickets to distributors licensed by the board. Manufacturers
55 of bell jar tickets, seal cards, merchandise boards, and coin boards may
56 submit samples, artists' renderings, or color photocopies of proposed
S. 1357 7
1 bell jar tickets, seal cards, merchandise boards, coin boards, payout
2 cards, and flares for review and approval by the board. Within thirty
3 days of receipt of such sample or rendering, the board shall approve or
4 deny such bell jar tickets. [Following approval of a rendering of a bell
5 jar ticket, seal card, merchandise board, or coin board by the board]
6 PRIOR TO THE SALE OF A BELL JAR GAME, JAR TICKET, SEAL CARD, MERCHANDISE
7 BOARD OR COIN BOARD TO ANY LICENSED DISTRIBUTOR FOR RESALE IN THIS
8 STATE, the manufacturer shall submit to the board a sample of the print-
9 ed bell jar ticket, seal card, merchandise board, coin board, payout
10 card, and flare for such game. [Such sample shall be submitted prior to
11 the sale of the game to any licensed distributor for resale in this
12 state.] WITHIN FORTY-FIVE DAYS OF RECEIPT OF SUCH SAMPLE, THE BOARD
13 SHALL APPROVE OR DENY THE BELL JAR TICKET, JAR TICKET, SEAL CARD,
14 MERCHANDISE BOARD OR COIN BOARD. For coin boards and merchandise boards,
15 nothing herein shall require the submittal of actual coins or merchan-
16 dise as part of the approval process. Any licensed manufacturer who
17 willfully violates the provisions of this section shall: (a) upon such
18 first offense, have their license suspended for a period of thirty days;
19 (b) upon such second offense, participate in a hearing to be conducted
20 by the board, and surrender their license for such period as recommended
21 by the board; and (c) upon such third or subsequent offense, have their
22 license suspended for a period of one year and shall be guilty of a
23 class E felony. Any unlicensed manufacturer who violates the provisions
24 of this section shall be guilty of a class E felony.
25 S 16. Subdivisions 7, 9, 10 and 11-a of section 476 of the general
26 municipal law, subdivision 7 as amended by chapter 438 of the laws of
27 1962, subdivision 9 as amended by chapter 1057 of the laws of 1965,
28 paragraph (a) of subdivision 9 as amended by section 16 of part LL of
29 chapter 56 of the laws of 2010, subdivision 10 as amended by chapter 364
30 of the laws of 1968 and subdivision 11-a as added by chapter 160 of the
31 laws of 1994, are amended and two new subdivisions 4-a and 13 are added
32 to read as follows:
33 4-A. "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
34 TION OR ASSOCIATION WHICH IS AUXILIARY TO AN AUTHORIZED ORGANIZATION
35 LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
36 TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU-
37 ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN-
38 IZATION OR ASSOCIATION WHICH IS AFFILIATED WITH AN AUTHORIZED
39 ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
40 IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
41 7. "Net proceeds" shall mean (a) in relation to the gross receipts
42 from one or more occasions of bingo, the amount that shall remain after
43 deducting the reasonable sums necessarily and actually expended for
44 CONDUCTING BINGO GAMES INCLUDING, BUT NOT LIMITED TO, bingo supplies and
45 equipment, prizes, stated rental if any, bookkeeping or accounting
46 services according to a schedule of compensation prescribed by the
47 commission, janitorial services and utility supplies if any, license
48 fees, and [the cost of bus transportation] REIMBURSEMENT OF REASONABLE
49 EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO HOLD, OPERATE
50 OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH GAMES, [if] AS authorized
51 by the control commission, and (b) in relation to the gross rent
52 received by an organization licensed to conduct bingo for the use of its
53 premises by another licensee, the amount that shall remain after deduct-
54 ing the reasonable sums necessarily and actually expended for janitorial
55 services and utility supplies directly attributable thereto if any.
S. 1357 8
1 9. "Authorized commercial lessor" shall mean a person, firm or corpo-
2 ration other than a licensee to conduct bingo under the provisions of
3 this article, who or which shall own or be a net lessee of premises and
4 offer the same for leasing by him, HER or it to an authorized organiza-
5 tion for any consideration whatsoever, direct or indirect, for the
6 purpose of conducting bingo therein, provided that he, SHE or it, as the
7 case may be, shall not be
8 (a) a person convicted of a crime who has not received a pardon or a
9 certificate of good conduct or a certificate of relief from disabilities
10 pursuant to article twenty-three of the correction law;
11 (b) a person who is or has been a professional gambler or gambling
12 promoter or who for other reasons is not of good moral character;
13 (c) a public officer who receives any consideration, direct or indi-
14 rect, as owner or lessor of premises offered for the purpose of conduct-
15 ing bingo therein;
16 (d) a firm or corporation in which a person defined in [subdivision]
17 PARAGRAPH (a), (b) or (c) [above] OF THIS SUBDIVISION or a person
18 married [or related in the first degree] to such a person has greater
19 than a ten [percentum] PER CENTUM (10%) proprietary, equitable or credit
20 interest or in which such a person is active or employed[.]; OR
21 (E) A FIRM OR CORPORATION IN WHICH A PERSON RELATED TO A PERSON,
22 DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION, HAS GREATER
23 THAN TWENTY PER CENTUM (20%) PROPRIETARY, EQUITABLE OR CREDIT INTEREST
24 OR IN WHICH SUCH A RELATED PERSON IS ACTIVE OR EMPLOYED.
25 Nothing contained in this subdivision shall be construed to bar any
26 firm or corporation which is not organized for pecuniary profit and no
27 part of the net earnings of which inure to the benefit of any individ-
28 ual, member, or shareholder, from being an authorized commercial lessor
29 solely because a public officer, or a person married or related in the
30 first degree to a public officer, is a member of, active in or employed
31 by such firm or corporation.
32 10. "Limited period bingo" shall mean the conduct of bingo by a
33 licensed authorized organization, for a period of not more than [seven]
34 TEN of [twelve] FOURTEEN consecutive days in any one year, at a
35 festival, bazaar, carnival or similar function conducted by such
36 licensed authorized organization. No authorized organization licensed to
37 conduct limited period bingo shall be otherwise eligible to conduct
38 bingo pursuant to this article in the same year.
39 11-a. "Early bird" shall mean a bingo game which is played as a
40 special game, conducted not more than [twice] THREE TIMES during a bingo
41 occasion, in which prizes are awarded based upon a percentage not to
42 exceed seventy-five percent of the sum of money received from the sale
43 of the early bird cards and which is neither subject to the prize limits
44 imposed by subdivisions five and six of section four hundred seventy-
45 nine and paragraph (a) of subdivision one of section four hundred eight-
46 y-one, nor the special game opportunity charge limit imposed by section
47 four hundred eighty-nine of this article. The percentage shall be speci-
48 fied both in the application for bingo license and the license. Not more
49 than one dollar shall be charged per card with the total amount
50 collected from the sale of the early bird cards and the prize for each
51 game to be announced before the commencement of each game.
52 13. "REASONABLE EXPENSES INCURRED BY A VOLUNTEER" SHALL INCLUDE, BUT
53 NOT BE LIMITED TO, CHILD CARE EXPENSES, TRANSPORTATION EXPENSES, MEALS
54 AND OTHER EXPENSES, AS DETERMINED AND REGULATED BY THE BOARD.
55 S 17. Subdivisions 3, 5, 6, 7 and 8 of section 479 of the general
56 municipal law, subdivision 3 as amended by chapter 337 of the laws of
S. 1357 9
1 1998, subdivisions 5 and 6 as amended by chapter 328 of the laws of
2 1994, and subdivisions 7 and 8 as amended by chapter 814 of the laws of
3 1964, are amended to read as follows:
4 3. No authorized organization licensed under the provisions of this
5 article shall purchase, lease, or receive any supplies or equipment
6 specifically designed or adapted for use in the conduct of bingo games
7 from other than a supplier licensed under [the bingo control law] ARTI-
8 CLE NINETEEN-B OF THE EXECUTIVE LAW or from another authorized organiza-
9 tion.
10 5. No prize shall exceed the sum or value of one thousand FIVE HUNDRED
11 dollars in any single game of bingo.
12 6. No series of prizes on any one bingo occasion shall aggregate more
13 than [three] FOUR thousand dollars.
14 7. No person except a bona fide member OR AUXILIARY MEMBER of any such
15 organization shall participate in the management or operation of such
16 game.
17 8. No person shall receive any remuneration for participating in the
18 management or operation of any game of bingo; PROVIDED, HOWEVER, THAT A
19 PERSON MAY ACCEPT REIMBURSEMENT OF REASONABLE EXPENSES INCURRED TO
20 MANAGE, HOLD, OPERATE OR CONDUCT SUCH GAMES.
21 S 18. Subparagraph 6 of paragraph (a) of subdivision 1 of section 480
22 of the general municipal law, as amended by chapter 611 of the laws of
23 1963, is amended to read as follows:
24 (6) the specific purposes to which the entire net proceeds of such
25 games are to be devoted and in what manner; that no commission, salary,
26 compensation[,] OR reward [or recompense] will be paid to any person for
27 conducting such bingo game or games or for assisting therein except as
28 in this article otherwise provided; and such other information as shall
29 be prescribed by such rules and regulations.
30 S 19. Paragraph (a) of subdivision 1 and subdivision 3 of section 481
31 of the general municipal law, paragraph (a) of subdivision 1 as amended
32 by section 17 of part LL of chapter 56 of the laws of 2010 and subdivi-
33 sion 3 as amended by chapter 284 of the laws of 1969, are amended to
34 read as follows:
35 (a) Issuance of licenses to conduct bingo. If the governing body of
36 the municipality shall determine that the applicant is duly qualified to
37 be licensed to conduct bingo under this article; that the member or
38 members of the applicant designated in the application to conduct bingo
39 are bona fide active members of the applicant and are persons of good
40 moral character and have never been convicted of a crime or, if
41 convicted, have received a pardon or a certificate of good conduct or a
42 certificate of relief from disabilities pursuant to article twenty-three
43 of the correction law, OR, IF CONVICTED, THE MEMBER OR MEMBERS ARE
44 PARTICIPATING IN A REHABILITATION PROGRAM LICENSED OR CERTIFIED BY A
45 STATE AGENCY AND OPERATED BY THE APPLICANT OR AN AUXILIARY THEREOF; that
46 such games are to be conducted in accordance with the provisions of this
47 article and in accordance with the rules and regulations of the commis-
48 sion, and that the proceeds thereof are to be disposed of as provided by
49 this article, and if the governing body is satisfied that no commission,
50 salary, compensation[,] OR reward [or recompense] whatever will be paid
51 or given to any person holding, operating or conducting or assisting in
52 the holding, operation and conduct of any such games except as [in this
53 article] otherwise provided IN THIS ARTICLE, INCLUDING REIMBURSEMENT OF
54 REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO
55 HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH GAMES; and
56 that no prize will be offered and given in excess of the sum or value of
S. 1357 10
1 one thousand FIVE HUNDRED dollars in any single game and that the aggre-
2 gate of all prizes offered and given in all of such games conducted on a
3 single occasion, under said license shall not exceed the sum or value of
4 [three] FOUR thousand dollars, it shall issue a license to the applicant
5 for the conduct of bingo upon payment of a license fee of eighteen
6 dollars [and seventy-five cents] for each bingo occasion; provided,
7 however, that the governing body shall refuse to issue a license to an
8 applicant seeking to conduct bingo in premises of a licensed commercial
9 lessor where it determines that the premises presently owned or occupied
10 by said applicant are in every respect adequate and suitable for
11 conducting bingo games.
12 3. No license shall be issued under this article which shall be effec-
13 tive for a period of more than one year. In the case of limited period
14 bingo, no license shall be issued authorizing the conduct of such games
15 on more than [two] THREE occasions in any one day nor shall any license
16 be issued under this article which shall be effective for a period of
17 more than [seven] TEN of [twelve] FOURTEEN consecutive days in any one
18 year. No license for the conduct of limited period bingo shall be issued
19 in cities having a population of one million or more.
20 S 20. Subdivision 1 of section 483 of the general municipal law, as
21 amended by chapter 438 of the laws of 1962, is amended to read as
22 follows:
23 1. [Eeach] EACH license to conduct bingo shall be in such form as
24 shall be prescribed in the rules and regulations promulgated by the
25 control commission, and shall contain a statement of the name and
26 address of the licensee, of the names and addresses of the member or
27 members of the licensee under whom the games will be conducted, of the
28 place or places where and the date or dates and time or times when such
29 games are to be conducted and of the specific purposes to which the
30 entire net proceeds of such games are to be devoted; if any prize or
31 prizes are to be offered and given in cash, a statement of the amounts
32 of the prizes authorized so to be offered and given; and any other
33 information which may be required by said rules and regulations to be
34 contained therein, and each license issued for the conduct of any game
35 shall be conspicuously displayed at the place where same is to be
36 conducted at all times during the conduct thereof.
37 S 21. Section 485 of the general municipal law, as amended by chapter
38 438 of the laws of 1962, is amended to read as follows:
39 S 485. Sunday; conduct of games on. [No games] GAMES of bingo [shall]
40 MAY be conducted under any license issued under this article on the
41 first day of the week, commonly known as [designated as] Sunday, unless
42 it shall be otherwise provided in the license issued for the holding,
43 operating and conducting thereof, pursuant to the provisions of a local
44 law or an ordinance duly adopted by the governing body of the munici-
45 pality issuing the license, [authorizing] PROHIBITING the conduct of
46 bingo under this article on that day.
47 S 22. Section 486 of the general municipal law, as amended by chapter
48 438 of the laws of 1962, is amended to read as follows:
49 S 486. Participation by persons under eighteen. No person under the
50 age of eighteen years shall be permitted to play any game or games of
51 bingo conducted pursuant to any license issued under this article unless
52 accompanied by an adult. No person under the age of eighteen years shall
53 be permitted to conduct or assist in the conduct of any game of bingo
54 conducted pursuant to any license issued under this article; PROVIDED,
55 HOWEVER, THAT A PERSON UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS
S. 1357 11
1 FIFTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED TO ASSIST IN THE
2 CONDUCT OF ANY GAME OF BINGO IF ACCOMPANIED BY AN ADULT.
3 S 23. Section 487 of the general municipal law, as amended by chapter
4 72 of the laws of 1982, is amended to read as follows:
5 S 487. Frequency of game; sale of alcoholic beverages. No game or
6 games of bingo, except limited period bingo, shall be conducted under
7 any license issued under this article more often than on [eighteen]
8 TWENTY-SEVEN days in any three successive calendar months. No game or
9 games of limited period bingo shall be conducted between the hours of
10 twelve midnight postmeridian and noon, and no more than sixty games may
11 be conducted on any single occasion of limited period bingo. No game or
12 games of bingo shall be conducted in any room or outdoor area where
13 alcoholic beverages are sold, served or consumed during the progress of
14 the game or games.
15 S 24. Subdivision 1 of section 488 of the general municipal law, as
16 amended by chapter 337 of the laws of 1998, is amended to read as
17 follows:
18 1. No person shall hold, operate or conduct any game of bingo under
19 any license issued under this article except a bona fide member OR
20 AUXILIARY MEMBER of the authorized organization to which the license is
21 issued[, and]. FURTHERMORE, no person shall assist in the holding, oper-
22 ating or conducting of any game of bingo under such license except such
23 a bona fide member or [a bona fide] AUXILIARY member [of an organization
24 or association which is an auxiliary to the licensee or a bona fide
25 member of an organization or association of which such licensee is an
26 auxiliary or a bona fide member of an organization or association which
27 is affiliated with the licensee by being, with it, auxiliary to another
28 organization or association and except bookkeepers or accountants as
29 hereinafter provided]. Provided, however, any person may assist the
30 licensed organization in any activity related to the game of bingo which
31 does not actually involve the holding, conducting, managing or operating
32 of such game of bingo. No game of bingo shall be conducted with any
33 equipment except such as shall be owned absolutely or leased by the
34 authorized organization so licensed or used without payment of any
35 compensation therefor by the licensee. Lease terms and conditions shall
36 be subject to rules and regulations promulgated by the board. This arti-
37 cle shall not be construed to authorize or permit an authorized organ-
38 ization to engage in the business of leasing bingo supplies or equip-
39 ment. No items of expense shall be incurred or paid in connection with
40 the conducting of any game of bingo pursuant to any license issued under
41 this article, except those that are reasonable and are necessarily
42 expended for bingo supplies and equipment, prizes, stated rental if any,
43 bookkeeping or accounting services according to a schedule of compen-
44 sation prescribed by the commission, janitorial services and utility
45 supplies if any, and license fees, REIMBURSEMENT OF REASONABLE EXPENSES
46 INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO HOLD, OPERATE OR CONDUCT
47 OR ASSIST IN THE CONDUCT OF SUCH GAMES, and the cost of bus transporta-
48 tion, if authorized by the control commission.
49 S 25. Section 490 of the general municipal law, as amended by chapter
50 99 of the laws of 1988, is amended to read as follows:
51 S 490. Advertising of bingo games. A licensee may advertise the
52 conduct of an occasion of bingo to the general public by means of news-
53 paper, radio, circular, handbill [and], poster, ELECTRONIC MAIL, ELEC-
54 TRONIC COMMUNICATIONS AND GOVERNMENT ACCESS TELEVISION BROADCASTS, and
55 by one sign not exceeding sixty square feet in area, which may be
56 displayed on or adjacent to the premises owned or occupied by a licensed
S. 1357 12
1 authorized organization, and when an organization is licensed to conduct
2 bingo occasions on the premises of another licensed authorized organiza-
3 tion or of a licensed commercial lessor, one additional such sign may be
4 displayed on or adjacent to the premises in which the occasions are to
5 be conducted. Additional signs may be displayed upon any firefighting
6 equipment belonging to any licensed authorized organization which is a
7 volunteer fire company, or upon any equipment of a first aid or rescue
8 squad, OR VOLUNTEER AMBULANCE COMPANY in and throughout the community
9 served by such volunteer fire company or such first aid or rescue squad,
10 OR VOLUNTEER AMBULANCE COMPANY, as the case may be. All advertisements
11 shall be limited to the description of such event as "bingo", the name
12 of the licensed authorized organization conducting such occasions, the
13 license number of the authorized organization as assigned by the clerk
14 and the date, location and time of the bingo occasion.
15 S 26. Subdivision 1 of section 491 of the general municipal law, as
16 amended by chapter 667 of the laws of 1980, is amended to read as
17 follows:
18 1. Within [seven] TEN days after the conclusion of any occasion of
19 bingo, the authorized organization which conducted the same, and its
20 members who were in charge thereof, and when applicable the authorized
21 organization which rented its premises therefor, shall each furnish to
22 the clerk of the municipality a statement subscribed by the member in
23 charge and affirmed by him OR HER as true, under the penalties of perju-
24 ry, showing the amount of the gross receipts derived therefrom and each
25 item of expense incurred, or paid, and each item of expenditure made or
26 to be made, the name and address of each person to whom each such item
27 has been paid, or is to be paid, with a detailed description of the
28 merchandise purchased or the services rendered therefor, the net
29 proceeds derived from such game or rental, as the case may be, and the
30 use to which such proceeds have been or are to be applied and a list of
31 prizes offered and given, with the respective values thereof, and it
32 shall be the duty of each licensee to maintain and keep such books and
33 records as may be necessary to substantiate the particulars of each such
34 statement and within fifteen days after the end of each calendar quarter
35 during which there has been any occasion of bingo, a summary statement
36 of such information, in form prescribed by the state, shall be furnished
37 in the same manner to the [state racing and wagering board] COMMISSION.
38 S 27. This act shall take effect on the first of January next succeed-
39 ing the date on which it shall have become a law.
