Bill Text: NY A02303 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to authorizing and regulating the use of electronic bell jar vending machines.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-20 - substituted by s994c [A02303 Detail]
Download: New_York-2017-A02303-Amended.html
Bill Title: Relates to authorizing and regulating the use of electronic bell jar vending machines.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-20 - substituted by s994c [A02303 Detail]
Download: New_York-2017-A02303-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2303--A 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. PRETLOW, McDONALD, HAWLEY -- read once and referred to the Committee on Racing and Wagering -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, in relation to electronic bell jar games The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and purpose. 1. The legislature here- 2 by finds that: 3 (a) bell jar games are a popular and profitable fundraising mechanism 4 for bona fide not-for-profit organizations across the state, generating 5 millions of dollars in net revenues for charitable purposes every year; 6 (b) authorized organizations that offer bell jars and other games of 7 chance must meet strict standards established by the New York state 8 general municipal law and the New York state gaming commission, includ- 9 ing receiving a license to conduct charitable gaming activities; and 10 (c) while other types of gaming in New York state have continued to 11 expand and improve, the operation of charitable gaming activities has 12 largely remained the same over the last several decades. 13 2. For the aforementioned reasons, the legislature hereby declares 14 that authorized organizations licensed by the New York state gaming 15 commission to conduct charitable gaming would greatly benefit from the 16 ability to operate electronic bell jar vending machines, which display 17 and dispense pre-printed bell jar tickets that have predetermined 18 winners and predetermined values for prizes, in order to help increase 19 charitable gaming profits across the state and attract more members to 20 join such organizations. 21 § 2. Subdivision 3-a of section 186 of the general municipal law, as 22 amended by chapter 531 of the laws of 2011, is amended to read as 23 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04475-02-7A. 2303--A 2 1 3-a. "Bell jars" shall mean and include those games in which a partic- 2 ipant shall draw a card from a jar, vending machine, including an elec- 3 tronic bell jar vending machine, or other suitable device or container 4 which contains numbers, colors or symbols that are covered and which, 5 when uncovered, may reveal that a prize shall be awarded on the basis of 6 a designated winning number, color or symbol or combination of numbers, 7 colors or symbols. Bell jars shall also include seal cards, coin boards, 8 event games, and merchandise boards. An electronic bell jar vending 9 machine shall use electronic features to display and dispense pre-print- 10 ed bell jar tickets, including audio and video features to display 11 information about a ticket being dispensed, provided that such features 12 do not affect the outcome of the game. 13 § 3. Subdivision 9 of section 188-a of the general municipal law, as 14 added by chapter 960 of the laws of 1976, is amended to read as follows: 15 9. (a) The [board] commission shall have the power to approve and 16 establish a standard set of games of chance equipment and shall by its 17 rules and regulations prescribe the manner in which such equipment is to 18 be reproduced and distributed to licensed authorized organizations. The 19 sale or distribution to a licensed authorized organization of any equip- 20 ment other than that contained in the standard set of games of chance 21 equipment shall constitute a violation of this section. 22 (b) After the effective date of the chapter of the laws of two thou- 23 sand seventeen that amended this subdivision, no electronic bell jar 24 vending machine shall be sold, leased, distributed, installed, or oper- 25 ated by any manufacturer, distributor, or charitable organization until 26 such machine has been approved by the commission. No electronic bell 27 jar vending machine shall be approved by the commission unless the oper- 28 ation of the game demonstrates that there is a finite probability basis 29 of having a predetermined quantity of chances among which there is a 30 predetermined quantity of winners that pay a fixed and predetermined 31 value of prizes, regardless of the symbols that are used or how those 32 symbols are displayed. 33 § 4. Subdivision 3 of section 189 of the general municipal law, as 34 amended by chapter 337 of the laws of 1998, is amended to read as 35 follows: 36 3. No authorized organization licensed under the provisions of this 37 article shall purchase, lease, or receive any supplies or equipment 38 specifically designed or adapted for use in the conduct of games of 39 chance from other than a supplier licensed by the board or from another 40 authorized organization. Lease terms and conditions shall be subject to 41 rules and regulations promulgated by the board. The provisions of this 42 article shall not be construed to authorize or permit an authorized 43 organization to engage in the business of leasing games of chance, 44 supplies, or equipment. Furthermore, no organization shall purchase bell 45 jar tickets[,] or deals of bell jar tickets, or purchase or lease any 46 electronic bell jar vending machine, from any other person or organiza- 47 tion other than those specifically authorized under sections one hundred 48 ninety-five-n and one hundred ninety-five-o of this article. 49 § 5. The opening paragraph of section 189-a of the general municipal 50 law, as amended by chapter 164 of the laws of 2003, is amended to read 51 as follows: 52 No person, firm, partnership, corporation or organization, shall sell 53 or distribute supplies or equipment specifically designed or adapted for 54 use in conduct of games of chance without having first obtained a 55 license therefor upon written application made, verified and filed with 56 the [board] commission in the form prescribed by the rules and regu-A. 2303--A 3 1 lations of the [board] commission. As a part of its determination 2 concerning the applicant's suitability for licensing as a games of 3 chance supplier, the [board] commission shall require the applicant to 4 furnish to the [board] commission two sets of fingerprints. Such fing- 5 erprints shall be submitted to the division of criminal justice services 6 for a state criminal history record check, as defined in subdivision one 7 of section three thousand thirty-five of the education law, and may be 8 submitted to the federal bureau of investigation for a national criminal 9 history record check. Manufacturers of bell jar tickets shall be consid- 10 ered suppliers of such equipment. In each such application for a license 11 under this section shall be stated the name and address of the appli- 12 cant; the names and addresses of its officers, directors, shareholders 13 or partners; the amount of gross receipts realized on the sale and 14 rental of games of chance supplies and equipment to duly licensed 15 authorized organizations during the last preceding calendar or fiscal 16 year, and such other information as shall be prescribed by such rules 17 and regulations. The fee for such license shall be a sum equal to twen- 18 ty-five dollars plus an amount equal to two per centum of the gross 19 sales and rentals, if any, of games of chance equipment and supplies to 20 authorized organizations or authorized games of chance lessors by the 21 applicant during the preceding calendar year, or fiscal year if the 22 applicant maintains his accounts on a fiscal year basis; provided, 23 however, that for manufacturers of electronic bell jar vending machines, 24 the fee for such license shall be one thousand dollars. No license 25 granted pursuant to the provisions of this section shall be effective 26 for a period of more than one year. 27 § 6. Section 195-c of the general municipal law is amended by adding 28 three new subdivisions 3, 4, and 5 to read as follows: 29 3. Each electronic bell jar vending machine that has been approved by 30 the commission pursuant to paragraph (b) of subdivision nine of section 31 one hundred eighty-eight-a of this article shall have the ability to: 32 (a) read a barcode or similar form of encryption or marking on the 33 pre-printed bell jar ticket; 34 (b) reveal results and other game information through audio and video 35 displays; 36 (c) verify if a bell jar ticket is redeemable for a prize; 37 (d) electronically aggregate winning prizes for continued play; 38 (e) produce a voucher for prize redemption; and 39 (f) track the sales of tickets and report such sales to the commis- 40 sion. 41 4. The following information shall be displayed by each electronic 42 bell jar vending machine: 43 (a) the total number of tickets in each deal; 44 (b) the price of each ticket; 45 (c) the number and amount of prizes available or remaining in each 46 deal; 47 (d) the number and amounts of prizes that have been claimed in each 48 deal; 49 (e) the number of winners per ticket and its respective winning 50 numbers or symbols; 51 (f) the name of the game; and 52 (g) the name or logo of the manufacturer of the tickets. 53 5. When a voucher is produced by an electronic bell jar vending 54 machine for prize redemption, the following information shall appear on 55 such voucher: 56 (a) the aggregate prize amount payable to the player;A. 2303--A 4 1 (b) the value of any unused tickets; 2 (c) the device number or other identification method for the vending 3 machine that produced such voucher; 4 (d) the date and time that such voucher was printed; 5 (e) the sequential number of such voucher; 6 (f) a barcode or similar form of encryption that may be used to vali- 7 date the prize amount payable to the player; and 8 (g) the period of time during which unused tickets or prize amounts 9 must be claimed. 10 § 7. Subdivisions 1 and 4 of section 195-n of the general municipal 11 law, as amended by chapter 637 of the laws of 1999, are amended to read 12 as follows: 13 1. Distribution; manufacturers. For business conducted in this state, 14 manufacturers licensed by the [board] commission to sell bell jar tick- 15 ets or electric bell jar vending machines shall sell only such tickets 16 or vending machines to distributors licensed by the [board] commission. 17 Manufacturers of bell jar tickets, seal cards, merchandise boards, and 18 coin boards may submit samples, artists' renderings, or color photoco- 19 pies of proposed bell jar tickets, seal cards, merchandise boards, coin 20 boards, payout cards, and flares for review and approval by the [board] 21 commission. Within thirty days of receipt of such sample or rendering, 22 the [board] commission shall approve or deny such bell jar tickets. 23 Following approval of a rendering of a bell jar ticket, seal card, 24 merchandise board, or coin board by the [board] commission, the manufac- 25 turer shall submit to the [board] commission a sample of the printed 26 bell jar ticket, seal card, merchandise board, coin board, payout card, 27 and flare for such game. Such sample shall be submitted prior to the 28 sale of the game to any licensed distributor for resale in this state. 29 For coin boards and merchandise boards, nothing herein shall require the 30 submittal of actual coins or merchandise as part of the approval proc- 31 ess. Any licensed manufacturer who willfully violates the provisions of 32 this section shall: (a) upon such first offense, have their license 33 suspended for a period of thirty days; (b) upon such second offense, 34 participate in a hearing to be conducted by the [board] commission, and 35 surrender their license for such period as recommended by the [board] 36 commission; and (c) upon such third or subsequent offense, have their 37 license suspended for a period of one year and shall be guilty of a 38 class E felony. Any unlicensed manufacturer who violates the provisions 39 of this section shall be guilty of a class E felony. 40 4. Reports of sales. A manufacturer who sells bell jar tickets for 41 resale in this state shall file with the [board] commission, on a form 42 prescribed by the [board] commission a report of all bell jar tickets 43 sold to distributors in the state. The report shall be filed quarterly 44 on or before the twentieth day of the month succeeding the end of the 45 quarter in which the sale was made. The [board] commission may require 46 that the report be submitted via magnetic media or electronic data 47 transfer. Such report shall also include information regarding any elec- 48 tronic bell jar vending machines sold or leased to a distributor 49 licensed by the commission. 50 § 8. Subdivisions 1, 3, 4, and 5 of section 195-o of the general 51 municipal law, subdivision 1 as amended by chapter 637 of the laws of 52 1999, subdivisions 3 and 4 as added by chapter 309 of the laws of 1996 53 and subdivision 5 as amended by section 16 of part MM of chapter 59 of 54 the laws of 2017, are amended to read as follows: 55 1. Distribution; distributors. Any distributor licensed in accordance 56 with section one hundred eighty-nine-a of this article to distributeA. 2303--A 5 1 bell jar tickets or electronic bell jar vending machines shall purchase 2 [bell jar] such tickets and vending machines only from licensed manufac- 3 turers and may manufacture coin boards and merchandise boards only as 4 authorized in subdivision one-a of this section. Licensed distributors 5 of bell jar tickets and electronic bell jar vending machines shall sell 6 such tickets and vending machines only to not-for-profit, charitable or 7 religious organizations registered by the [board] commission. Any 8 licensed distributor who willfully violates the provisions of this 9 section shall: (a) upon such first offense, have their license suspended 10 for a period of thirty days; (b) upon such second offense, participate 11 in a hearing to be conducted by the [board] commission, and surrender 12 their license for such period as recommended by the [board] commission; 13 and (c) upon such third or subsequent offense, have their license 14 suspended for a period of one year and shall be guilty of a class E 15 felony. Any unlicensed distributor who violates this section shall be 16 guilty of a class E felony. 17 3. Sales records. A distributor shall maintain a record of all bell 18 jar tickets that it sells and all electronic bell jar vending machines 19 that it sells or leases. The record shall include, but need not be 20 limited to: 21 (a) the identity of the manufacturer from whom the distributor 22 purchased the product; 23 (b) the serial number of the product; 24 (c) the name, address, and license or exempt permit number of the 25 organization or person to which the sale was made; 26 (d) the date of the sale; 27 (e) the name of the person who ordered the product; 28 (f) the name of the person who received the product; 29 (g) the type of product; 30 (h) the serial number of the product; 31 (i) the account number identifying the sale from the manufacturer to 32 distributor and the account number identifying the sale from the 33 distributor to the licensed organization; and 34 (j) the name, form number, or other identifying information for each 35 game. 36 4. Invoices. (a) A distributor shall supply with each sale of a bell 37 jar product an itemized invoice showing the distributor's name and 38 address, the purchaser's name, address, and license number, the date of 39 the sale, the account number identifying the sale from the manufacturer 40 to distributor and the account number identifying the sale from the 41 distributor to the licensed organization, and the description of the 42 deals, including the form number, the serial number and the ideal gross 43 from every deal of bell jar or similar game. 44 (b) Within five business days after the sale, lease, or distribution 45 of an electronic bell jar vending machine to an authorized organization, 46 the distributor shall provide a copy of an invoice to the commission 47 which shows: 48 (i) the name and address of the authorized organization; 49 (ii) the date of sale, lease or distribution; 50 (iii) the serial number of each such machine; and 51 (iv) any additional information as the commission may require. 52 5. Reports. (a) A distributor shall report quarterly to the gaming 53 commission, on a form prescribed by the gaming commission, its sales of 54 each type of bell jar deal or tickets and electronic bell jar vending 55 machines. This report shall be filed quarterly on or before the twenti- 56 eth day of the month succeeding the end of the quarter in which the saleA. 2303--A 6 1 was made. The gaming commission may require that a distributor submit 2 the quarterly report and invoices required by this section via electron- 3 ic media or electronic data transfer. 4 § 9. Section 195-q of the general municipal law is amended by adding a 5 new subdivision 3 to read as follows: 6 3. (a) An authorized organization may only operate electronic bell jar 7 vending machines on premises that it owns or leases. 8 (b) Each bell jar vending machine shall generate sales reports and 9 such other information that the commission may direct by regulation in 10 order to determine that such machine is operating in accordance with the 11 provisions of this chapter. The commission shall have access to the 12 server of each electronic bell jar vending machine for the purpose of 13 monitoring and auditing at no cost to the state. 14 (c) Any unclaimed funds or tickets left in any electronic bell jar 15 vending machine shall be retained by the authorized organization and 16 reported as net proceeds. 17 § 10. This act shall take effect on the one hundred eightieth day 18 after it shall have become a law.
