Bill Text: NY S02440 | 2013-2014 | General Assembly | Introduced


Bill Title: Eases certain restrictions on the conducting of games of chance for charitable purposes; authorizes auxiliary members of authorized organizations to operate games of chance; authorizes conducting of games of chance on Sundays; expands advertising of games of chance; eases certain restrictions on the conducting of bingo games for charitable purposes; expands the frequency upon which bingo games may be held; authorizes auxiliary members of authorized organizations to conduct bingo games; authorizes the conducting of bingo games on Sundays; expands advertising of bingo games.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2014-02-26 - referred to racing and wagering [S02440 Detail]

Download: New_York-2013-S02440-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2440
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 17, 2013
                                      ___________
       Introduced  by  Sens.  KLEIN, MAZIARZ -- read twice and ordered printed,
         and when printed to be committed to the Committee  on  Racing,  Gaming
         and Wagering
       AN ACT to amend the general municipal law, in relation to the conducting
         of games of chance and bingo by certain organizations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 4 and 14 of section 186 of the general munici-
    2  pal law, subdivision 4 as amended by chapter 574 of the laws of 1978 and
    3  subdivision 14 as amended by chapter  531  of  the  laws  of  2011,  are
    4  amended and a new subdivision 4-a is added to read as follows:
    5    4.  "Authorized  organization"  shall  mean  and include any bona fide
    6  religious or charitable organization or bona fide educational, fraternal
    7  or service organization or bona  fide  organization  of  veterans  [or],
    8  volunteer  [firemen]  FIREFIGHTERS OR VOLUNTEER AMBULANCE WORKERS, which
    9  by its charter, certificate of incorporation, constitution,  or  act  of
   10  the  legislature,  shall have among its dominant purposes one or more of
   11  the lawful purposes as defined in this article, provided that each shall
   12  operate without profit to its  members,  and  provided  that  each  such
   13  organization  has  engaged in serving one or more of the lawful purposes
   14  as defined in this article for a period  of  three  years  [immediatley]
   15  IMMEDIATELY prior to applying for a license under this article.
   16    No  organization  shall  be deemed an authorized organization which is
   17  formed primarily for the purpose of conducting games of chance and which
   18  does not devote at least seventy-five percent of its activities to other
   19  than conducting games of chance. No political party shall be  deemed  an
   20  authorized organization.
   21    4-A.  "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
   22  TION  OR  ASSOCIATION  WHICH  IS AUXILIARY TO AN AUTHORIZED ORGANIZATION
   23  LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
   24  TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED  PURSU-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00917-01-3
       S. 2440                             2
    1  ANT  TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN-
    2  IZATION  OR  ASSOCIATION  WHICH  IS  AFFILIATED   WITH   AN   AUTHORIZED
    3  ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
    4  IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
    5    14.  "One  occasion"  shall  mean the successive operations of any one
    6  single type of game of chance which results in the awarding of a  series
    7  of  prizes  amounting  to  five  hundred dollars or four hundred dollars
    8  during any one license period, in  accordance  with  the  provisions  of
    9  subdivision eight of section one hundred eighty-nine of this article, as
   10  the  case may be. For purposes of the game of chance known as a merchan-
   11  dise wheel or a raffle, "one occasion" shall mean the  successive  oper-
   12  ations  of  any one such merchandise wheel or raffle for which the limit
   13  on a series of prizes provided by subdivision six of section one hundred
   14  eighty-nine of this article shall apply. For purposes  of  the  game  of
   15  chance  known  as  a  bell jar, "one occasion" shall mean the successive
   16  operation of any one such bell jar, seal card, event game,  coin  board,
   17  or merchandise board which results in the awarding of a series of prizes
   18  amounting  to [three] TEN thousand dollars. For the purposes of the game
   19  of chance known as raffle "one occasion"  shall  mean  a  calendar  year
   20  during which successive operations of such game are conducted.
   21    S 2. Subdivisions 5, 6, 8 and 10 of section 189 of the general munici-
   22  pal  law,  subdivisions 5 and 8 as amended by chapter 455 of the laws of
   23  2012, subdivision 6 as amended by chapter 302 of the laws  of  2010  and
   24  subdivision  10  as  amended  by  chapter  574  of the laws of 1978, are
   25  amended to read as follows:
   26    5. No single prize awarded by games of chance other than raffle  shall
   27  exceed the sum or value of [three] FOUR hundred dollars, except that for
   28  merchandise  wheels,  no  single  prize shall exceed the sum or value of
   29  [two] THREE hundred [fifty] dollars. No single prize awarded  by  raffle
   30  shall exceed the sum or value of one hundred thousand dollars. No single
   31  wager  shall  exceed  six  dollars  and  for  bell jars, coin boards, or
   32  merchandise boards, no single prize shall exceed  five  hundred  dollars
   33  provided, however, that such limitation shall not apply to the amount of
   34  money or value paid by the participant in a raffle in return for a tick-
   35  et  or  other receipt. For coin boards and merchandise boards, the value
   36  of a prize shall be determined by its costs to the authorized  organiza-
   37  tion or, if donated, its fair market value.
   38    6.  No authorized organization shall award a series of prizes consist-
   39  ing of cash or of merchandise with an aggregate value in excess  of  ten
   40  thousand dollars during the successive operations of any one merchandise
   41  wheel,  [and  three thousand dollars during the successive operations of
   42  any] bell jar, coin board, or merchandise board.  No  series  of  prizes
   43  awarded  by  raffle  shall  have  an  aggregate  value in excess of five
   44  hundred thousand dollars. For coin boards and  merchandise  boards,  the
   45  value  of  a  prize  shall  be  determined by its cost to the authorized
   46  organization or, if donated, its fair market value.
   47    8. Except for merchandise wheels and raffles, no series of  prizes  on
   48  any  one  occasion shall aggregate more than [four] FIVE hundred dollars
   49  when the licensed authorized organization conducts five single types  of
   50  games  of  chance  during any one license period. Except for merchandise
   51  wheels, raffles and bell jars, no series of prizes on any  one  occasion
   52  shall aggregate more than five hundred dollars when the licensed author-
   53  ized  organization  conducts  less  than  five  single types of games of
   54  chance, exclusive of merchandise wheels, raffles and bell  jars,  during
   55  any one license period. No authorized organization shall award by raffle
       S. 2440                             3
    1  prizes  with  an aggregate value in excess of two million dollars during
    2  any one license period.
    3    10.  No  person  except  a bona fide member of the licensed authorized
    4  organization OR AN AUXILIARY MEMBER OF SUCH ORGANIZATION  shall  partic-
    5  ipate  in  the  management  of such games[; no person except a bona fide
    6  member of the licensed authorized organization, its auxiliary or  affil-
    7  iated  organization, shall participate in the operation of such game, as
    8  set forth in section one hundred ninety-five-c of this article].
    9    S 3. Paragraph (b) of subdivision 1 of  section  190  of  the  general
   10  municipal law, as amended by chapter 574 of the laws of 1978, is amended
   11  to read as follows:
   12    (b) In each application there shall be designated not less than [four]
   13  THREE  bona  fide  members  of the applicant organization under whom the
   14  game or games of chance will be managed and to the application shall  be
   15  appended  a  statement  executed by the members so designated, that they
   16  will be responsible for the management of such games in accordance  with
   17  the  terms  of the license, the rules and regulations of the board, this
   18  article and the applicable local laws or ordinances.
   19    S 4. Paragraph (a) of subdivision 2 of section 190-a  of  the  general
   20  municipal law, as amended by chapter 400 of the laws of 2005, is amended
   21  to read as follows:
   22    (a)  For the purposes of this section, "authorized organization" shall
   23  mean and include any bona fide religious or charitable  organization  or
   24  bona  fide  educational,  fraternal or service organization or bona fide
   25  organization of veterans [or], volunteer [firefighter]  FIREFIGHTERS  OR
   26  VOLUNTEER AMBULANCE WORKERS, which by its charter, certificate of incor-
   27  poration,  constitution, or act of the legislature, shall have among its
   28  dominant purposes one or more of the lawful purposes as defined in  this
   29  article, provided that each shall operate without profit to its members,
   30  and  provided  that each such organization has engaged in serving one or
   31  more of the lawful purposes as defined in this article for a  period  of
   32  three  years  immediately  prior to being granted the filing requirement
   33  exemption contained in subdivision one of this section.
   34    S 5. Subdivision 3 of section 190-a of the general municipal  law,  as
   35  added by chapter 400 of the laws of 2005, is amended to read as follows:
   36    3.  No  person  under  the age of eighteen shall be permitted to play,
   37  operate or assist in any raffle  conducted  pursuant  to  this  section;
   38  PROVIDED,  HOWEVER, A MEMBER OR AUXILIARY MEMBER OVER THE AGE OF SIXTEEN
   39  YEARS, BUT UNDER THE AGE OF EIGHTEEN YEARS, SHALL BE PERMITTED TO ASSIST
   40  IN ANY RAFFLE CONDUCTED PURSUANT TO THIS SECTION, IF ACCOMPANIED  BY  AN
   41  ADULT.
   42    S  6.  Subdivision  3  of section 194 of the general municipal law, as
   43  amended by chapter 550 of the laws  of  1994,  is  amended  to  read  as
   44  follows:
   45    3.  [Service  of  alcoholic  beverages.]  Subject  to  the  applicable
   46  provisions of the alcoholic beverage control law, beer AND WINE  may  be
   47  offered  for  sale  during  the  conduct  of games of chance on games of
   48  chance premises as such premises are defined in subdivision nineteen  of
   49  section  one hundred eighty-six of this article; provided, however, that
   50  nothing herein shall be construed to limit the offering for sale of  any
   51  other  alcoholic  beverage in areas other than the games of chance prem-
   52  ises or the sale of any other alcoholic beverage in premises where  only
   53  the games of chance known as bell jar or raffles are conducted.
   54    S  7.  Section 195 of the general municipal law, as amended by chapter
   55  461 of the laws of 2003, is amended to read as follows:
       S. 2440                             4
    1    S 195. Sunday; conduct of games on. Except as provided in section  one
    2  hundred  ninety-five-b of this article, [no] games of chance [shall] MAY
    3  be conducted under any license issued under this article  on  the  first
    4  day  of  the  week,  commonly  known and designated as Sunday, unless it
    5  shall  be  otherwise  provided  in the license issued for the conducting
    6  thereof, pursuant to the provisions of a local law or an ordinance  duly
    7  adopted by the governing body of the municipality wherein the license is
    8  issued,  [authorizing]  PROHIBITING the conduct of games of chance under
    9  this article on that day [only between the hours of noon and  midnight].
   10  Notwithstanding  the  foregoing  provisions  of this section no games of
   11  chance shall be conducted on Easter Sunday or Christmas Day.
   12    S 8. Section 195-a of the general municipal law, as amended by chapter
   13  574 of the laws of 1978, is amended to read as follows:
   14    S 195-a. Participation by persons under eighteen. No person under  the
   15  age  of  eighteen  years shall be permitted to play any game or games of
   16  chance conducted pursuant to any  license  issued  under  this  article.
   17  Persons under the age of eighteen years may be permitted to attend games
   18  of  chance at the discretion of the games of chance licensee.  No person
   19  under the age of eighteen years shall be permitted to operate  any  game
   20  of chance conducted pursuant to any license issued under this article or
   21  to  assist therein; PROVIDED, HOWEVER, THAT A MEMBER OR AUXILIARY MEMBER
   22  WHO IS UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS  OF  AGE
   23  OR  OLDER  SHALL  BE PERMITTED TO ASSIST IN THE OPERATION OF ANY GAME OF
   24  CHANCE IF ACCOMPANIED BY AN ADULT.
   25    S 9. Section 195-b of the general municipal law, as amended by chapter
   26  252 of the laws of 1998, is amended to read as follows:
   27    S 195-b. Frequency of games. No game or  games  of  chance,  shall  be
   28  conducted  under  any  license issued under this article more often than
   29  [twelve] EIGHTEEN times in any calendar  year.  No  particular  premises
   30  shall  be  used  for the conduct of games of chance on more than twenty-
   31  four license periods during  any  one  calendar  year.  Games  shall  be
   32  conducted only between the hours of noon and midnight on SUNDAY, Monday,
   33  Tuesday,  Wednesday  and Thursday, and only between the hours of noon on
   34  Friday and two A.M.  Saturday, and only between the  hours  of  noon  on
   35  Saturday  and  two A.M.   Sunday. The two A.M. closing period shall also
   36  apply to a legal holiday.  The above restrictions shall not  apply  when
   37  only the games of chance known as bell jar and/or raffle are conducted.
   38    S  10. Section 195-c of the general municipal law, as amended by chap-
   39  ter 252 of the laws of 1998, is amended to read as follows:
   40    S 195-c. [1.] Persons operating games;  equipment;  expenses;  compen-
   41  sation.  1. No person shall operate any game of chance under any license
   42  issued  under this article except a bona fide member OR AUXILIARY MEMBER
   43  of the authorized organization to which the license  is  issued[,  or  a
   44  bona fide member of an organization or association which is an auxiliary
   45  to  the licensee or a bona fide member of an organization or association
   46  of which such licensee is an auxiliary or  a  bona  fide  member  of  an
   47  organization  or  association  which  is affiliated with the licensee by
   48  being, with it, auxiliary to another organization or association]. Noth-
   49  ing herein shall be construed to limit the number  of  games  of  chance
   50  licensees  for  whom  such  persons  may  operate games of chance nor to
   51  prevent non-members from assisting the licensee in  any  activity  other
   52  than  managing  or operating games. No game of chance shall be conducted
   53  with any equipment except such as  shall  be  owned  or  leased  by  the
   54  authorized  organization  so  licensed  or  used  without payment of any
   55  compensation therefor by the licensee. However, in no event  shall  bell
   56  jar  tickets be transferred from one authorized organization to another,
       S. 2440                             5
    1  with or without payment of any compensation thereof. The head  or  heads
    2  of  the  authorized organization shall upon request certify, under oath,
    3  that the persons operating any game of chance are bona fide OR AUXILIARY
    4  members  of such authorized organization, auxiliary or affiliated organ-
    5  ization. Upon request by an officer or the department  any  such  person
    6  involved  in  such  games  of chance shall certify that he or she has no
    7  criminal record. No items of  expense  shall  be  incurred  or  paid  in
    8  connection  with  the  conducting  of any game of chance pursuant to any
    9  license issued under this article except those that are  reasonable  and
   10  are  necessarily  expended  for  games of chance supplies and equipment,
   11  prizes,  security  personnel,  stated  rental  if  any,  bookkeeping  or
   12  accounting  services  according to a schedule of compensation prescribed
   13  by the board, janitorial services  and  utility  supplies  if  any,  and
   14  license  fees, and the cost of bus transportation, if authorized by such
   15  clerk or department. No commission, salary,  compensation[,]  OR  reward
   16  [or  recompense]  shall  be  paid or given to any person for the sale or
   17  assisting with the sale of raffle tickets.
   18    2. For the purpose of the sale of tickets for the game of raffle,  the
   19  term  "operate" shall not include the sale of such tickets by persons of
   20  lineal or collateral consanguinity to members of an authorized organiza-
   21  tion licensed to conduct a raffle.
   22    S 11.  Section 195-e of the general municipal law, as amended by chap-
   23  ter 94 of the laws of 1981, is amended to read as follows:
   24    S 195-e. Advertising games. A licensee may advertise  the  conduct  of
   25  games  of  chance to the general public by means of newspaper, circular,
   26  handbill [and], poster, ELECTRONIC MAIL, ELECTRONIC  COMMUNICATIONS  AND
   27  GOVERNMENT  ACCESS  TELEVISION BROADCASTS, and by one sign not exceeding
   28  sixty square feet in area, which may be displayed on or adjacent to  the
   29  premises  owned  or  occupied by a licensed authorized organization, and
   30  when an organization is licensed to conduct games of chance on  premises
   31  of an authorized games of chance lessor, one additional such sign may be
   32  displayed  on  or  adjacent to the premises in which the games are to be
   33  conducted.  Additional signs may be displayed  upon  any  fire  fighting
   34  equipment  belonging  to any licensed authorized organization which is a
   35  volunteer fire company, or upon any equipment of a first aid  or  rescue
   36  squad,  OR  VOLUNTEER  AMBULANCE COMPANY in and throughout the community
   37  served by such volunteer fire company or such first aid or rescue squad,
   38  OR VOLUNTEER AMBULANCE COMPANY, as the case may be.  All  advertisements
   39  shall  be  limited to the description of such event as "Games of chance"
   40  or "Las Vegas Night", the name of the authorized organization conducting
   41  such games,  the  license  number  of  the  authorized  organization  as
   42  assigned  by  the clerk or department and the date, location and time of
   43  the event.
   44    S 12. Subdivisions 10 and 11-a of section 476 of the general municipal
   45  law, subdivision 10 as amended by chapter 364 of the laws  of  1968  and
   46  subdivision  11-a  as  added  by  chapter  160  of the laws of 1994, are
   47  amended and a new subdivision 4-a is added to read as follows:
   48    4-A.  "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
   49  TION OR ASSOCIATION WHICH IS AUXILIARY  TO  AN  AUTHORIZED  ORGANIZATION
   50  LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
   51  TION  OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU-
   52  ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN  ORGAN-
   53  IZATION   OR   ASSOCIATION   WHICH  IS  AFFILIATED  WITH  AN  AUTHORIZED
   54  ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
   55  IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
       S. 2440                             6
    1    10. "Limited period bingo" shall  mean  the  conduct  of  bingo  by  a
    2  licensed  authorized organization, for a period of not more than [seven]
    3  TEN of [twelve]  FOURTEEN  consecutive  days  in  any  one  year,  at  a
    4  festival,  bazaar,  carnival  or  similar  function  conducted  by  such
    5  licensed authorized organization. No authorized organization licensed to
    6  conduct  limited  period  bingo  shall  be otherwise eligible to conduct
    7  bingo pursuant to this article in the same year.
    8    11-a. "Early bird" shall mean a  bingo  game  which  is  played  as  a
    9  special game, conducted not more than [twice] THREE TIMES during a bingo
   10  occasion,  in  which  prizes  are awarded based upon a percentage not to
   11  exceed seventy-five percent of the sum of money received from  the  sale
   12  of the early bird cards and which is neither subject to the prize limits
   13  imposed  by  subdivisions  five and six of section four hundred seventy-
   14  nine and paragraph (a) of subdivision one of section four hundred eight-
   15  y-one, nor the special game opportunity charge limit imposed by  section
   16  four hundred eighty-nine of this article. The percentage shall be speci-
   17  fied both in the application for bingo license and the license. Not more
   18  than  [one  dollar] TWO DOLLARS shall be charged per card with the total
   19  amount collected from the sale of the early bird cards and the prize for
   20  each game to be announced before the commencement of each game.
   21    S 13.  Subdivisions 3 and 7 of section 479 of  the  general  municipal
   22  law,  subdivision  3  as  amended by chapter 337 of the laws of 1998 and
   23  subdivision 7 as amended by chapter 814 of the laws of 1964, are amended
   24  to read as follows:
   25    3. No authorized organization licensed under the  provisions  of  this
   26  article  shall  purchase,  lease,  or  receive any supplies or equipment
   27  specifically designed or adapted for use in the conduct of  bingo  games
   28  from  other than a supplier licensed under [the bingo control law] ARTI-
   29  CLE NINETEEN-B OF THE EXECUTIVE LAW or from another authorized organiza-
   30  tion.
   31    7. No person except a bona fide member OR AUXILIARY MEMBER of any such
   32  organization shall participate in the management or  operation  of  such
   33  game.
   34    S  14.  Subdivision  3 of section 481 of the general municipal law, as
   35  amended by chapter 284 of the laws  of  1969,  is  amended  to  read  as
   36  follows:
   37    3. No license shall be issued under this article which shall be effec-
   38  tive  for  a period of more than one year. In the case of limited period
   39  bingo, no license shall be issued authorizing the conduct of such  games
   40  on  more than [two] THREE occasions in any one day nor shall any license
   41  be issued under this article which shall be effective for  a  period  of
   42  more  than  [seven] TEN of [twelve] FOURTEEN consecutive days in any one
   43  year. No license for the conduct of limited period bingo shall be issued
   44  in cities having a population of one million or more.
   45    S 15. Subdivision 1 of section 483 of the general  municipal  law,  as
   46  amended  by  chapter  438  of  the  laws  of 1962, is amended to read as
   47  follows:
   48    1. [Eeach] EACH license to conduct bingo shall  be  in  such  form  as
   49  shall  be  prescribed  in  the  rules and regulations promulgated by the
   50  control commission, and shall  contain  a  statement  of  the  name  and
   51  address  of  the  licensee,  of the names and addresses of the member or
   52  members of the licensee under whom the games will be conducted,  of  the
   53  place  or places where and the date or dates and time or times when such
   54  games are to be conducted and of the  specific  purposes  to  which  the
   55  entire  net  proceeds  of  such games are to be devoted; if any prize or
   56  prizes are to be offered and given in cash, a statement of  the  amounts
       S. 2440                             7
    1  of  the  prizes  authorized  so  to  be offered and given; and any other
    2  information which may be required by said rules and  regulations  to  be
    3  contained  therein,  and each license issued for the conduct of any game
    4  shall  be  conspicuously  displayed  at  the  place  where same is to be
    5  conducted at all times during the conduct thereof.
    6    S 16. Section 485 of the general municipal law, as amended by  chapter
    7  438 of the laws of 1962, is amended to read as follows:
    8    S  485. Sunday; conduct of games on. [No games] GAMES of bingo [shall]
    9  MAY be conducted under any license issued  under  this  article  on  the
   10  first  day of the week, commonly known as [designated as] Sunday, unless
   11  it shall be otherwise provided in the license issued  for  the  holding,
   12  operating  and conducting thereof, pursuant to the provisions of a local
   13  law or an ordinance duly adopted by the governing body  of  the  munici-
   14  pality  issuing  the  license,  [authorizing] PROHIBITING the conduct of
   15  bingo under this article on that day.
   16    S 17. Section 486 of the general municipal law, as amended by  chapter
   17  438 of the laws of 1962, is amended to read as follows:
   18    S  486.  Participation  by persons under eighteen. No person under the
   19  age of eighteen years shall be permitted to play any game  or  games  of
   20  bingo conducted pursuant to any license issued under this article unless
   21  accompanied by an adult. No person under the age of eighteen years shall
   22  be  permitted  to  conduct or assist in the conduct of any game of bingo
   23  conducted pursuant to any license issued under this  article;  PROVIDED,
   24  HOWEVER, THAT A MEMBER OR AUXILIARY MEMBER WHO IS UNDER THE AGE OF EIGH-
   25  TEEN  YEARS  AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED
   26  TO ASSIST IN THE CONDUCT OF ANY GAME  OF  BINGO  IF  ACCOMPANIED  BY  AN
   27  ADULT.
   28    S  18. Section 487 of the general municipal law, as amended by chapter
   29  72 of the laws of 1982, is amended to read as follows:
   30    S 487. Frequency of game; sale of  alcoholic  beverages.  No  game  or
   31  games  of  bingo,  except limited period bingo, shall be conducted under
   32  any license issued under this article  more  often  than  on  [eighteen]
   33  TWENTY-SEVEN  days  in any three successive calendar months.  No game or
   34  games of limited period bingo shall be conducted between  the  hours  of
   35  twelve  midnight postmeridian and noon, and no more than sixty games may
   36  be conducted on any single occasion of limited period bingo. No game  or
   37  games  of  bingo  shall  be  conducted in any room or outdoor area where
   38  alcoholic beverages are sold, served or consumed during the progress  of
   39  the game or games.
   40    S  19.  Subdivision  1 of section 488 of the general municipal law, as
   41  amended by chapter 337 of the laws  of  1998,  is  amended  to  read  as
   42  follows:
   43    1.  No  person  shall hold, operate or conduct any game of bingo under
   44  any license issued under this article  except  a  bona  fide  member  OR
   45  AUXILIARY  MEMBER of the authorized organization to which the license is
   46  issued[, and]. FURTHERMORE, no person shall assist in the holding, oper-
   47  ating or conducting of any game of bingo under such license except  such
   48  a bona fide member or [a bona fide] AUXILIARY member [of an organization
   49  or  association  which  is  an  auxiliary to the licensee or a bona fide
   50  member of an organization or association of which such  licensee  is  an
   51  auxiliary  or a bona fide member of an organization or association which
   52  is affiliated with the licensee by being, with it, auxiliary to  another
   53  organization  or  association  and  except bookkeepers or accountants as
   54  hereinafter provided]. Provided, however,  any  person  may  assist  the
   55  licensed organization in any activity related to the game of bingo which
   56  does not actually involve the holding, conducting, managing or operating
       S. 2440                             8
    1  of  such  game  of  bingo.  No game of bingo shall be conducted with any
    2  equipment except such as shall be owned  absolutely  or  leased  by  the
    3  authorized  organization  so  licensed  or  used  without payment of any
    4  compensation therefor by the licensee.  Lease terms and conditions shall
    5  be subject to rules and regulations promulgated by the board. This arti-
    6  cle  shall  not be construed to authorize or permit an authorized organ-
    7  ization to engage in the business of leasing bingo  supplies  or  equip-
    8  ment.  No  items of expense shall be incurred or paid in connection with
    9  the conducting of any game of bingo pursuant to any license issued under
   10  this article, except those  that  are  reasonable  and  are  necessarily
   11  expended for bingo supplies and equipment, prizes, stated rental if any,
   12  bookkeeping  or  accounting  services according to a schedule of compen-
   13  sation prescribed by the commission,  janitorial  services  and  utility
   14  supplies  if  any, and license fees, and the cost of bus transportation,
   15  if authorized by the control commission.
   16    S 20. Section 490 of the general municipal law, as amended by  chapter
   17  99 of the laws of 1988, is amended to read as follows:
   18    S  490.  Advertising  of  bingo  games.  A  licensee may advertise the
   19  conduct of an occasion of bingo to the general public by means of  news-
   20  paper,  radio,  circular, handbill [and], poster, ELECTRONIC MAIL, ELEC-
   21  TRONIC COMMUNICATIONS AND GOVERNMENT ACCESS TELEVISION  BROADCASTS,  and
   22  by  one  sign  not  exceeding  sixty  square  feet in area, which may be
   23  displayed on or adjacent to the premises owned or occupied by a licensed
   24  authorized organization, and when an organization is licensed to conduct
   25  bingo occasions on the premises of another licensed authorized organiza-
   26  tion or of a licensed commercial lessor, one additional such sign may be
   27  displayed on or adjacent to the premises in which the occasions  are  to
   28  be  conducted.  Additional  signs may be displayed upon any firefighting
   29  equipment belonging to any licensed authorized organization which  is  a
   30  volunteer  fire  company, or upon any equipment of a first aid or rescue
   31  squad, OR VOLUNTEER AMBULANCE COMPANY in and  throughout  the  community
   32  served by such volunteer fire company or such first aid or rescue squad,
   33  OR  VOLUNTEER  AMBULANCE COMPANY, as the case may be. All advertisements
   34  shall be limited to the description of such event as "bingo",  the  name
   35  of  the  licensed authorized organization conducting such occasions, the
   36  license number of the authorized organization as assigned by  the  clerk
   37  and the date, location and time of the bingo occasion.
   38    S  21.  Subdivision  1 of section 491 of the general municipal law, as
   39  amended by chapter 667 of the laws  of  1980,  is  amended  to  read  as
   40  follows:
   41    1.  Within  [seven]  TEN  days after the conclusion of any occasion of
   42  bingo, the authorized organization which conducted  the  same,  and  its
   43  members  who  were in charge thereof, and when applicable the authorized
   44  organization which rented its premises therefor, shall each  furnish  to
   45  the  clerk  of  the municipality a statement subscribed by the member in
   46  charge and affirmed by him OR HER as true, under the penalties of perju-
   47  ry, showing the amount of the gross receipts derived therefrom and  each
   48  item  of expense incurred, or paid, and each item of expenditure made or
   49  to be made, the name and address of each person to whom each  such  item
   50  has  been  paid,  or  is  to be paid, with a detailed description of the
   51  merchandise  purchased  or  the  services  rendered  therefor,  the  net
   52  proceeds  derived  from such game or rental, as the case may be, and the
   53  use to which such proceeds have been or are to be applied and a list  of
   54  prizes  offered  and  given,  with the respective values thereof, and it
   55  shall be the duty of each licensee to maintain and keep such  books  and
   56  records as may be necessary to substantiate the particulars of each such
       S. 2440                             9
    1  statement and within fifteen days after the end of each calendar quarter
    2  during  which  there has been any occasion of bingo, a summary statement
    3  of such information, in form prescribed by the state, shall be furnished
    4  in the same manner to the [state racing and wagering] board.
    5    S 22. This act shall take effect on the first of January next succeed-
    6  ing the date on which it shall have become a law.
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