Bill Text: NY S03673 | 2017-2018 | General Assembly | Amended


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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-03-13 - REPORTED AND COMMITTED TO FINANCE [S03673 Detail]

Download: New_York-2017-S03673-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3673--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 25, 2017
                                       ___________
        Introduced  by  Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Racing,  Gaming
          and  Wagering  --  recommitted  to the Committee on Racing, Gaming and
          Wagering in accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the general municipal law, in  relation  to  modernizing
          and  reforming  the  conduct  of  games of chance and bingo by certain
          organizations to ease  regulatory  burdens  and  administrative  costs
          placed  on  games  of chance and bingo, charitable organization opera-
          tors, municipalities and the state gaming commission
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 6 of section 186 of the general municipal law,
     2  as amended by chapter 574 of the laws of 1978, is amended  and  two  new
     3  subdivisions 22 and 23 are added to read as follows:
     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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09072-10-8

        S. 3673--B                          2
     1  reasonable  sums  necessarily  and  actually  expended  for   janitorial
     2  services and utility supplies directly attributable thereto if any.
     3    22.  "Reasonable expenses" shall include, but not be limited to, child
     4  care expenses, transportation expenses, meals  and  other  expenses,  as
     5  determined and regulated by the board.
     6    23.  "Ancillary  non-gaming  activity"  shall  mean  any  activity not
     7  directly related to the conduct or outcome of any game  of  chance,  and
     8  shall  include  assisting  at any food concession, cleaning, maintenance
     9  and  site  preparation  at  the  location  where  games  of  chance  are
    10  conducted.
    11    §  2.  Subdivisions  4,  5,  6, 8 and 11 of section 189 of the general
    12  municipal law, subdivisions 4 and 11 as amended by chapter  574  of  the
    13  laws  of  1978, subdivisions 5 and 6 as amended by section 11 of part MM
    14  of chapter 59 of the laws of 2017 and subdivision 8 as amended by  chap-
    15  ter 434 of the laws of 2016, are amended to read as follows:
    16    4.  The entire net proceeds of any game of chance shall be exclusively
    17  devoted to the lawful purposes of the organization permitted to  conduct
    18  the  same  and the net proceeds of any rental derived therefrom shall be
    19  exclusively devoted to the lawful purposes of the  authorized  games  of
    20  chance lessor; provided, however, that a person may accept reimbursement
    21  of reasonable expenses incurred to manage, hold, operate or conduct such
    22  games.
    23    5.  (a)  No  single prize awarded by games of chance other than raffle
    24  shall exceed the sum or value of [three] four  hundred  dollars,  except
    25  that  for  merchandise  wheels,  no single prize shall exceed the sum or
    26  value of [two] three hundred [fifty]  dollars,  and  for  bell  jar,  no
    27  single prize shall exceed the sum or value of one thousand dollars.
    28    (b) No single prize awarded by raffle shall exceed the sum or value of
    29  three hundred thousand dollars.
    30    (c)  No  single wager shall exceed six dollars and for bell jars, coin
    31  boards or merchandise boards, no single prize shall exceed one  thousand
    32  dollars,  provided, however, that such limitation shall not apply to the
    33  amount of money or value paid by the participant in a raffle  in  return
    34  for a ticket or other receipt.
    35    (d) For coin boards and merchandise boards, the value of a prize shall
    36  be  determined  by the cost of such prize to the authorized organization
    37  or, if donated, the fair market value of such prize.
    38    6. (a) No authorized organization  shall  award  a  series  of  prizes
    39  consisting  of  cash or of merchandise with an aggregate value in excess
    40  of:
    41    (1) ten thousand dollars during the successive operations of  any  one
    42  merchandise wheel or bell jar; and
    43    (2) six thousand dollars during the successive operations of any [bell
    44  jar,] coin board or merchandise board.
    45    (b)  No  series  of  prizes  awarded by raffle shall have an aggregate
    46  value in excess of five hundred thousand dollars.
    47    (c) For coin boards and merchandise boards, the value of a prize shall
    48  be determined by the cost of such prize to the  authorized  organization
    49  or, if donated, the fair market value of such prize.
    50    8.  Except  for merchandise wheels and raffles, no series of prizes on
    51  any one occasion shall aggregate more than [four] five  hundred  dollars
    52  when  the licensed authorized organization conducts five single types of
    53  games of chance during any one license period.  Except  for  merchandise
    54  wheels,  raffles  and bell jars, no series of prizes on any one occasion
    55  shall aggregate more than five hundred dollars when the licensed author-
    56  ized organization conducts less than  five  single  types  of  games  of

        S. 3673--B                          3
     1  chance,  exclusive  of merchandise wheels, raffles and bell jars, during
     2  any one license period. No authorized organization shall award by raffle
     3  prizes with an aggregate value in excess of three million dollars during
     4  any one license period.
     5    11.  No person shall receive any remuneration for participating in the
     6  management or operation of any such  game;  provided,  however,  that  a
     7  person  may  accept  reimbursement  of  reasonable  expenses incurred to
     8  manage, hold, operate or conduct games of chance.
     9    § 3. Subparagraph 5 of paragraph (a) of subdivision 1 of  section  190
    10  of  the  general municipal law, as amended by chapter 574 of the laws of
    11  1978, is amended to read as follows:
    12    (5) the purposes to which the entire net proceeds of such games are to
    13  be devoted and in what  manner;  that  no  commission,  salary,  compen-
    14  sation[,]  or  reward  [or  recompense]  will  be paid to any person for
    15  conducting such game or games or for assisting therein except as in this
    16  article otherwise provided; and  such  other  information  as  shall  be
    17  prescribed by such rules and regulations.
    18    §  4.  Paragraph  (b)  of  subdivision 1 of section 190 of the general
    19  municipal law, as amended by chapter 574 of the laws of 1978, is amended
    20  to read as follows:
    21    (b) In each application there shall be designated not less than [four]
    22  three bona fide members of the applicant  organization  under  whom  the
    23  game  or games of chance will be managed and to the application shall be
    24  appended a statement executed by the members so  designated,  that  they
    25  will  be responsible for the management of such games in accordance with
    26  the terms of the license, the rules and regulations of the  board,  this
    27  article and the applicable local laws or ordinances.
    28    §  5.  Subdivision 3 of section 190-a of the general municipal law, as
    29  added by chapter 400 of the laws of 2005, is amended to read as follows:
    30    3. No person under the age of eighteen shall  be  permitted  to  play,
    31  operate  or  assist  in  any  raffle conducted pursuant to this section.
    32  Nothing in this section shall prevent a person sixteen years of  age  or
    33  older  from  performing  ancillary  non-gaming  activities  conducted in
    34  conjunction with any game of chance conducted pursuant  to  any  license
    35  issued pursuant to this article.
    36    §  6.  Paragraph  (a)  of  subdivision 1 of section 191 of the general
    37  municipal law, as amended by section 15 of part LL of chapter 56 of  the
    38  laws of 2010, is amended to read as follows:
    39    (a)  Issuance of licenses to conduct games of chance. If such clerk or
    40  department shall determine that the applicant is duly  qualified  to  be
    41  licensed  to conduct games of chance under this article; that the member
    42  or members of the applicant designated  in  the  application  to  manage
    43  games  of  chance  are bona fide active members of the applicant and are
    44  persons of good moral character and  have  never  been  convicted  of  a
    45  crime,  or,  if convicted, have received a pardon, a certificate of good
    46  conduct or a certificate of relief from disabilities pursuant to article
    47  twenty-three of the correction law, or, at the option of the  applicant,
    48  if  convicted,  the  member  or members are participating in a rehabili-
    49  tation program licensed or certified by a state agency and  operated  by
    50  the  applicant  or  an  auxiliary  thereof;  that  such  games are to be
    51  conducted in accordance with the  provisions  of  this  article  and  in
    52  accordance  with  the  rules and regulations of the board and applicable
    53  local laws or ordinances  and  that  the  proceeds  thereof  are  to  be
    54  disposed of as provided by this article, and if such clerk or department
    55  is  satisfied  that no commission, salary, compensation[,] or reward [or
    56  recompense] whatever will be paid or given to any person managing, oper-

        S. 3673--B                          4
     1  ating or  assisting  therein  except  as  [in  this  article]  otherwise
     2  provided in this article, including reimbursement of reasonable expenses
     3  incurred  by  volunteers  who  donate  their  time  to  hold, operate or
     4  conduct,  or  assist  in  the  conduct  of  such games; it shall issue a
     5  license to the applicant for the conduct of games of chance upon payment
     6  of a license fee of twenty-five dollars for each license period.
     7    § 7. Subdivision 3 of section 194 of the  general  municipal  law,  as
     8  amended  by  chapter  550  of  the  laws  of 1994, is amended to read as
     9  follows:
    10    3.  [Service  of  alcoholic  beverages.]  Subject  to  the  applicable
    11  provisions  of  the alcoholic beverage control law, beer, cider and wine
    12  may be offered for sale during the conduct of games of chance  on  games
    13  of  chance premises as such premises are defined in subdivision nineteen
    14  of section one hundred eighty-six of this  article;  provided,  however,
    15  that nothing herein shall be construed to limit the offering for sale of
    16  any  other  alcoholic  beverage  in areas other than the games of chance
    17  premises or the sale of any other alcoholic beverage in  premises  where
    18  only the games of chance known as bell jar or raffles are conducted.
    19    § 8. Section 195-a of the general municipal law, as amended by chapter
    20  574 of the laws of 1978, is amended to read as follows:
    21    §  195-a. Participation by persons under eighteen. No person under the
    22  age of eighteen years shall be permitted to play any game  or  games  of
    23  chance  conducted  pursuant  to  any  license issued under this article.
    24  Persons under the age of eighteen years may be permitted to attend games
    25  of chance at the discretion of the games of chance licensee.  No  person
    26  under  the  age of eighteen years shall be permitted to operate any game
    27  of chance conducted pursuant to any license issued under this article or
    28  to assist therein; provided, however, that a person  under  the  age  of
    29  eighteen years and who is sixteen years of age or older shall be permit-
    30  ted  to  assist in the operation of any game of chance if accompanied by
    31  an adult.
    32    § 9. Section 195-b of the general municipal law, as amended by chapter
    33  252 of the laws of 1998, is amended to read as follows:
    34    § 195-b. Frequency of games. No game or  games  of  chance,  shall  be
    35  conducted  under  any  license issued under this article more often than
    36  [twelve] eighteen times in any calendar  year.  No  particular  premises
    37  shall  be  used  for the conduct of games of chance on more than twenty-
    38  four license periods during  any  one  calendar  year.  Games  shall  be
    39  conducted  only  between the hours of noon and midnight on Monday, Tues-
    40  day, Wednesday and Thursday, and only  between  the  hours  of  noon  on
    41  Friday  and  two  A.M.   Saturday, and only between the hours of noon on
    42  Saturday and two A.M.  Sunday. The two A.M. closing  period  shall  also
    43  apply  to  a legal holiday.  The above restrictions shall not apply when
    44  only the games of chance known as bell jar and/or raffle are conducted.
    45    § 10. Section 195-c of the general municipal law, as amended by  chap-
    46  ter 252 of the laws of 1998, is amended to read as follows:
    47    §  195-c.  [1.]  Persons operating games; equipment; expenses; compen-
    48  sation.  1. No person shall operate any game of chance under any license
    49  issued under this article except a bona fide member  of  the  authorized
    50  organization to which the license is issued, or a bona fide member of an
    51  organization  or  association which is an auxiliary to the licensee or a
    52  bona fide member of an organization or association of which such  licen-
    53  see  is an auxiliary or a bona fide member of an organization or associ-
    54  ation which is affiliated with the licensee by being, with it, auxiliary
    55  to  another  organization  or  association.  Nothing  herein  shall   be
    56  construed to limit the number of games of chance licensees for whom such

        S. 3673--B                          5
     1  persons  may  operate  games  of  chance nor to prevent non-members from
     2  assisting the licensee in any activity other than managing or  operating
     3  games.  No  game  of chance shall be conducted with any equipment except
     4  such  as  shall  be  owned  or  leased by the authorized organization so
     5  licensed or used without payment of any  compensation  therefor  by  the
     6  licensee.  However,  in  no  event shall bell jar tickets be transferred
     7  from one authorized organization to another, with or without payment  of
     8  any  compensation thereof. The head or heads of the authorized organiza-
     9  tion shall upon request certify, under oath, that the persons  operating
    10  any  game  of  chance are bona fide members of such authorized organiza-
    11  tion, auxiliary or affiliated organization. Upon request by  an  officer
    12  or the department any such person involved in such games of chance shall
    13  certify that he or she has no criminal record. No items of expense shall
    14  be  incurred  or  paid  in connection with the conducting of any game of
    15  chance pursuant to any license issued under this  article  except  those
    16  that  are  reasonable  and  are necessarily expended for games of chance
    17  supplies and equipment, prizes, security  personnel,  stated  rental  if
    18  any,  bookkeeping  or  accounting  services  according  to a schedule of
    19  compensation prescribed by the board, janitorial  services  and  utility
    20  supplies  if any, and license fees, reimbursement of reasonable expenses
    21  incurred by volunteers who donate their time to operate or assist in the
    22  operation of games of chance and the  cost  of  bus  transportation,  if
    23  authorized  by  such clerk or department. No commission, salary, compen-
    24  sation[,] or reward [or recompense] shall be paid or given to any person
    25  for the sale or assisting with the sale of raffle tickets.
    26    2. For the purpose of the sale of tickets for the game of raffle,  the
    27  term  "operate" shall not include the sale of such tickets by persons of
    28  lineal or collateral consanguinity to members of an authorized organiza-
    29  tion licensed to conduct a raffle.
    30    § 11. Subdivision 1 of section 195-n of the general municipal law,  as
    31  amended  by  chapter  637  of  the  laws  of 1999, is amended to read as
    32  follows:
    33    1. Distribution; manufacturers. For business conducted in this  state,
    34  manufacturers  licensed by the board to sell bell jar tickets shall sell
    35  only such tickets to distributors licensed by the  board.  Manufacturers
    36  of bell jar tickets, seal cards, merchandise boards, and coin boards may
    37  submit  samples,  artists'  renderings, or color photocopies of proposed
    38  bell jar tickets, seal cards, merchandise boards,  coin  boards,  payout
    39  cards,  and  flares  for review and approval by the board. Within thirty
    40  days of receipt of such sample or rendering, the board shall approve  or
    41  deny such bell jar tickets. [Following approval of a rendering of a bell
    42  jar  ticket,  seal  card, merchandise board, or coin board by the board]
    43  Prior to the sale of a bell jar game, jar ticket, seal card, merchandise
    44  board or coin board to any  licensed  distributor  for  resale  in  this
    45  state, the manufacturer shall submit to the board a sample of the print-
    46  ed  bell  jar  ticket,  seal card, merchandise board, coin board, payout
    47  card, and flare for such game. [Such sample shall be submitted prior  to
    48  the  sale  of  the  game  to any licensed distributor for resale in this
    49  state.] Within forty-five days of receipt  of  such  sample,  the  board
    50  shall  approve  or  deny  the  bell  jar  ticket, jar ticket, seal card,
    51  merchandise board or coin board. For coin boards and merchandise boards,
    52  nothing herein shall require the submittal of actual coins  or  merchan-
    53  dise  as  part  of  the  approval process. Any licensed manufacturer who
    54  willfully violates the provisions of this section shall: (a)  upon  such
    55  first offense, have their license suspended for a period of thirty days;
    56  (b)  upon  such second offense, participate in a hearing to be conducted

        S. 3673--B                          6
     1  by the board, and surrender their license for such period as recommended
     2  by the board; and (c) upon such third or subsequent offense, have  their
     3  license  suspended  for  a  period  of one year and shall be guilty of a
     4  class  E felony. Any unlicensed manufacturer who violates the provisions
     5  of this section shall be guilty of a class E felony.
     6    § 12. Subdivisions 7, 10 and 11-a of section 476 of the general munic-
     7  ipal law, subdivision 7 as amended by chapter 438 of the laws  of  1962,
     8  subdivision  10 as amended by chapter 364 of the laws of 1968 and subdi-
     9  vision 11-a as added by chapter 160 of the laws of 1994, are amended and
    10  a new subdivision 14 is added to read as follows:
    11    7. "Net proceeds" shall mean (a) in relation  to  the  gross  receipts
    12  from  one or more occasions of bingo, the amount that shall remain after
    13  deducting the reasonable sums  necessarily  and  actually  expended  for
    14  conducting bingo games including, but not limited to, bingo supplies and
    15  equipment,  prizes,  stated  rental  if  any,  bookkeeping or accounting
    16  services according to a  schedule  of  compensation  prescribed  by  the
    17  commission,  janitorial  services  and  utility supplies if any, license
    18  fees, and [the cost of bus transportation] reimbursement  of  reasonable
    19  expenses  incurred  by volunteers who donate their time to hold, operate
    20  or conduct, or assist in the conduct of such games, [if]  as  authorized
    21  by  the  control  commission,  and  (b)  in  relation  to the gross rent
    22  received by an organization licensed to conduct bingo for the use of its
    23  premises by another licensee, the amount that shall remain after deduct-
    24  ing the reasonable sums necessarily and actually expended for janitorial
    25  services and utility supplies directly attributable thereto if any.
    26    10. "Limited period bingo" shall  mean  the  conduct  of  bingo  by  a
    27  licensed  authorized organization, for a period of not more than [seven]
    28  ten of [twelve]  fourteen  consecutive  days  in  any  one  year,  at  a
    29  festival,  bazaar,  carnival  or  similar  function  conducted  by  such
    30  licensed authorized organization. No authorized organization licensed to
    31  conduct limited period bingo shall  be  otherwise  eligible  to  conduct
    32  bingo pursuant to this article in the same year.
    33    11-a.  "Early  bird"  shall  mean  a  bingo  game which is played as a
    34  special game, conducted not more than [twice] three times during a bingo
    35  occasion, in which prizes are awarded based upon  a  percentage  not  to
    36  exceed  seventy-five  percent of the sum of money received from the sale
    37  of the early bird cards and which is neither subject to the prize limits
    38  imposed by subdivisions five and six of section  four  hundred  seventy-
    39  nine and paragraph (a) of subdivision one of section four hundred eight-
    40  y-one,  nor the special game opportunity charge limit imposed by section
    41  four hundred eighty-nine of this article. The percentage shall be speci-
    42  fied both in the application for bingo license and the license. Not more
    43  than one dollar  shall  be  charged  per  card  with  the  total  amount
    44  collected  from  the sale of the early bird cards and the prize for each
    45  game to be announced before the commencement of each game.
    46    14. "Reasonable expenses incurred by a volunteer" shall  include,  but
    47  not  be  limited to, child care expenses, transportation expenses, meals
    48  and other expenses, as determined and regulated by the board.
    49    § 13. Subdivisions 3 and 8 of section 479  of  the  general  municipal
    50  law,  subdivision  3  as  amended by chapter 337 of the laws of 1998 and
    51  subdivision 8 as amended by chapter 814 of the laws of 1964, are amended
    52  to read as follows:
    53    3. No authorized organization licensed under the  provisions  of  this
    54  article  shall  purchase,  lease,  or  receive any supplies or equipment
    55  specifically designed or adapted for use in the conduct of  bingo  games
    56  from  other than a supplier licensed under [the bingo control law] arti-

        S. 3673--B                          7
     1  cle nineteen-B of the executive law or from another authorized organiza-
     2  tion.
     3    8.  No  person shall receive any remuneration for participating in the
     4  management or operation of any game of bingo; provided, however, that  a
     5  person  may  accept  reimbursement  of  reasonable  expenses incurred to
     6  manage, hold, operate or conduct such games.
     7    § 14. Subparagraph 6 of paragraph (a) of subdivision 1 of section  480
     8  of  the  general  municipal  law,  as amended by section 4 of part MM of
     9  chapter 59 of the laws of 2017, is amended to read as follows:
    10    (6) the specific purposes to which the entire  net  proceeds  of  such
    11  games of bingo are to be devoted and in what manner; that no commission,
    12  salary,  compensation[,]  or  reward [or recompense] will be paid to any
    13  person for conducting such bingo game or games or for assisting  therein
    14  except as in this article otherwise provided; and such other information
    15  as shall be prescribed by the rules and regulations of the commission.
    16    §  15. Paragraph (a) of subdivision 1 and subdivision 3 of section 481
    17  of the general municipal law, paragraph (a) of subdivision 1 as  amended
    18  by  section  5 of part MM of chapter 59 of the laws of 2017 and subdivi-
    19  sion 3 as amended by chapter 284 of the laws of  1969,  are  amended  to
    20  read as follows:
    21    (a)  Issuance  of  licenses to conduct bingo. If the governing body of
    22  the municipality determines that the applicant is duly qualified  to  be
    23  licensed to conduct bingo under this article; that the member or members
    24  of the applicant designated in the application to conduct bingo are bona
    25  fide active members of the applicant and are persons of good moral char-
    26  acter  and  have  never been convicted of a crime or, if convicted, have
    27  received a pardon or a certificate of good conduct or a  certificate  of
    28  relief  from  disabilities  pursuant  to  article  twenty-three  of  the
    29  correction law, or, at the option of the applicant,  if  convicted,  the
    30  member or members are participating in a rehabilitation program licensed
    31  or  certified  by  a  state  agency  and operated by the applicant or an
    32  auxiliary thereof; that such games of  bingo  are  to  be  conducted  in
    33  accordance  with  the  provisions of this article and in accordance with
    34  the rules and regulations of the commission, and that the proceeds ther-
    35  eof are to be disposed of as  provided  by  this  article,  and  if  the
    36  governing  body is satisfied that no commission, salary, compensation[,]
    37  or reward [or recompense] what so ever will be  paid  or  given  to  any
    38  person  holding,  operating  or  conducting or assisting in the holding,
    39  operation and conduct of any such games of  bingo  except  as  [in  this
    40  article]  otherwise provided in this article, including reimbursement of
    41  reasonable expenses incurred by volunteers  who  donate  their  time  to
    42  hold,  operate  or  conduct, or assist in the conduct of such games; and
    43  that no prize will be offered and given in excess of the sum or value of
    44  five thousand dollars in any single game and that the aggregate  of  all
    45  prizes  offered  and  given  in  all of such games conducted on a single
    46  occasion, under said license shall  not  exceed  the  sum  or  value  of
    47  fifteen thousand dollars, then the municipality shall issue a license to
    48  the  applicant for the conduct of bingo upon payment of a license fee of
    49  eighteen  dollars  and  seventy-five  cents  for  each  bingo  occasion;
    50  provided,  however,  that  the  governing  body  shall refuse to issue a
    51  license to an applicant seeking  to  conduct  bingo  in  premises  of  a
    52  licensed commercial lessor where such governing body determines that the
    53  premises  presently  owned  or  occupied  by such applicant are in every
    54  respect adequate and suitable for conducting bingo games.
    55    3. No license shall be issued under this article which shall be effec-
    56  tive for a period of more than one year. In the case of  limited  period

        S. 3673--B                          8
     1  bingo,  no license shall be issued authorizing the conduct of such games
     2  on more than [two] three occasions in any one day nor shall any  license
     3  be  issued  under  this article which shall be effective for a period of
     4  more  than  [seven] ten of [twelve] fourteen consecutive days in any one
     5  year. No license for the conduct of limited period bingo shall be issued
     6  in cities having a population of one million or more.
     7    § 16. Subdivision 1 of section 483 of the general  municipal  law,  as
     8  amended  by  chapter  438  of  the  laws  of 1962, is amended to read as
     9  follows:
    10    1. [Eeach] Each license to conduct bingo shall  be  in  such  form  as
    11  shall  be  prescribed  in  the  rules and regulations promulgated by the
    12  control commission, and shall  contain  a  statement  of  the  name  and
    13  address  of  the  licensee,  of the names and addresses of the member or
    14  members of the licensee under whom the games will be conducted,  of  the
    15  place  or places where and the date or dates and time or times when such
    16  games are to be conducted and of the  specific  purposes  to  which  the
    17  entire  net  proceeds  of  such games are to be devoted; if any prize or
    18  prizes are to be offered and given in cash, a statement of  the  amounts
    19  of  the  prizes  authorized  so  to  be offered and given; and any other
    20  information which may be required by said rules and  regulations  to  be
    21  contained  therein,  and each license issued for the conduct of any game
    22  shall be conspicuously displayed at  the  place  where  same  is  to  be
    23  conducted at all times during the conduct thereof.
    24    §  17. Section 487 of the general municipal law, as amended by chapter
    25  72 of the laws of 1982, is amended to read as follows:
    26    § 487. Frequency of game; sale of  alcoholic  beverages.  No  game  or
    27  games  of  bingo,  except limited period bingo, shall be conducted under
    28  any license issued under this article  more  often  than  on  [eighteen]
    29  twenty-seven  days  in any three successive calendar months.  No game or
    30  games of limited period bingo shall be conducted between  the  hours  of
    31  twelve  midnight postmeridian and noon, and no more than sixty games may
    32  be conducted on any single occasion of limited period bingo. No game  or
    33  games  of  bingo  shall  be  conducted in any room or outdoor area where
    34  alcoholic beverages are sold, served or consumed during the progress  of
    35  the game or games.
    36    §  18.  Subdivision  1 of section 488 of the general municipal law, as
    37  amended by chapter 337 of the laws  of  1998,  is  amended  to  read  as
    38  follows:
    39    1.  No  person  shall hold, operate or conduct any game of bingo under
    40  any license issued under this article except a bona fide member  of  the
    41  authorized  organization  to  which the license is issued, and no person
    42  shall assist in the holding, operating or  conducting  of  any  game  of
    43  bingo  under  such license except such a bona fide member or a bona fide
    44  member of an organization or association which is an  auxiliary  to  the
    45  licensee  or  a  bona  fide  member of an organization or association of
    46  which such licensee is an auxiliary or a bona fide member of  an  organ-
    47  ization  or  association which is affiliated with the licensee by being,
    48  with it, auxiliary to another organization  or  association  and  except
    49  bookkeepers  or  accountants as hereinafter provided. Provided, however,
    50  any person may assist the licensed organization in any activity  related
    51  to  the  game  of  bingo  which  does  not actually involve the holding,
    52  conducting, managing or operating of such game  of  bingo.  No  game  of
    53  bingo  shall  be  conducted  with  any equipment except such as shall be
    54  owned absolutely or leased by the authorized organization so licensed or
    55  used without payment of  any  compensation  therefor  by  the  licensee.
    56  Lease  terms  and  conditions  shall be subject to rules and regulations

        S. 3673--B                          9
     1  promulgated by the board. This article shall not be construed to author-
     2  ize or permit an authorized organization to engage in  the  business  of
     3  leasing  bingo  supplies  or  equipment.  No  items  of expense shall be
     4  incurred  or paid in connection with the conducting of any game of bingo
     5  pursuant to any license issued under this article, except those that are
     6  reasonable and are necessarily expended for bingo  supplies  and  equip-
     7  ment,  prizes,  stated rental if any, bookkeeping or accounting services
     8  according to a schedule of compensation prescribed  by  the  commission,
     9  janitorial  services  and  utility  supplies  if  any, and license fees,
    10  reimbursement of reasonable expenses incurred by volunteers  who  donate
    11  their  time to hold, operate or conduct or assist in the conduct of such
    12  games, and the cost of bus transportation, if authorized by the  control
    13  commission.
    14    §  19.  Subdivision  1 of section 491 of the general municipal law, as
    15  amended by section 9 of part MM of chapter 59 of the laws  of  2017,  is
    16  amended to read as follows:
    17    1.  Within  [seven]  ten  days after the conclusion of any occasion of
    18  bingo, the authorized organization that conducted  the  same,  and  such
    19  authorized  organization's  members who were in charge thereof, and when
    20  applicable the authorized organization that rented its  premises  there-
    21  for,  shall  each  furnish  to the clerk of the municipality a statement
    22  subscribed by the member in charge and affirmed by such person as  true,
    23  under the penalties of perjury, showing the amount of the gross receipts
    24  derived  therefrom  and each item of expense incurred, or paid, and each
    25  item of expenditure made or to be made, the name  and  address  of  each
    26  person  to  whom  each such item has been paid, or is to be paid, with a
    27  detailed description  of  the  merchandise  purchased  or  the  services
    28  rendered therefor, the net proceeds derived from such game or rental, as
    29  the  case may be, and the use to which such proceeds have been or are to
    30  be applied and a list of prizes offered and given, with  the  respective
    31  values thereof. A clerk may make provisions for the option for the elec-
    32  tronic  filing  of such statement. It shall be the duty of each licensee
    33  to maintain and keep such books and  records  as  may  be  necessary  to
    34  substantiate  the  particulars of each such statement and within fifteen
    35  days after the end of each calendar quarter during which there has  been
    36  any  occasion of bingo, a summary statement of such information, in form
    37  prescribed by the commission, shall be furnished in the same  manner  to
    38  the commission.
    39    § 20. This act shall take effect on the first of January next succeed-
    40  ing the date on which it shall have become a law.
feedback