Bill Text: NY S06022 | 2023-2024 | 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: Bipartisan Bill
Status: (Introduced) 2024-01-03 - REFERRED TO RACING, GAMING AND WAGERING [S06022 Detail]
Download: New_York-2023-S06022-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6022 2023-2024 Regular Sessions IN SENATE March 27, 2023 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wager- ing AN ACT to amend the general municipal law, in relation to the conducting of games of chance and bingo by certain organizations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 4 and 14 of section 186 of the general munici- 2 pal law, subdivision 4 as amended by chapter 476 of the laws of 2018 and 3 subdivision 14 as amended by chapter 531 of the laws of 2011, are 4 amended and a new subdivision 4-a is added to read as follows: 5 4. "Authorized organization" shall mean and include any bona fide 6 religious or charitable organization or bona fide educational, fraternal 7 or service organization or bona fide organization of veterans or volun- 8 teer firefighters or volunteer ambulance workers, which by its charter, 9 certificate of incorporation, constitution, or act of the legislature, 10 shall have among its dominant purposes one or more of the lawful 11 purposes as defined in this article, provided that each shall operate 12 without profit to its members, and provided that each such organization 13 has engaged in serving one or more of the lawful purposes as defined in 14 this article for a period of three years immediately prior to applying 15 for a license under this article. 16 No organization shall be deemed an authorized organization which is 17 formed primarily for the purpose of conducting games of chance and which 18 does not devote at least seventy-five percent of its activities to other 19 than conducting games of chance. No political party shall be deemed an 20 authorized organization. 21 4-a. "Auxiliary member" shall mean a bona fide member of an organiza- 22 tion or association which is auxiliary to an authorized organization 23 licensed pursuant to this article; or a bona fide member of an organiza- 24 tion or association of which an authorized organization licensed pursu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09498-01-3S. 6022 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 § 2. Subdivisions 5, 6, 8 and 10 of section 189 of the general munici- 22 pal law, subdivisions 5 and 6 as amended by section 11 of part MM of 23 chapter 59 of the laws of 2017, subdivision 8 as amended by chapter 434 24 of the laws of 2016, and subdivision 10 as amended by chapter 574 of the 25 laws of 1978, are amended to read as follows: 26 5. (a) No single prize awarded by games of chance other than raffle 27 shall exceed the sum or value of [three] four hundred dollars, except 28 that for merchandise wheels, no single prize shall exceed the sum or 29 value of [two] three hundred [fifty] dollars, and for bell jar, no 30 single prize shall exceed the sum or value of one thousand dollars. 31 (b) No single prize awarded by raffle shall exceed the sum or value of 32 three hundred thousand dollars. 33 (c) No single wager shall exceed six dollars and for bell jars, coin 34 boards or merchandise boards, no single prize shall exceed one thousand 35 dollars, provided, however, that such limitation shall not apply to the 36 amount of money or value paid by the participant in a raffle in return 37 for a ticket or other receipt. 38 (d) For coin boards and merchandise boards, the value of a prize shall 39 be determined by the cost of such prize to the authorized organization 40 or, if donated, the fair market value of such prize. 41 6. (a) No authorized organization shall award a series of prizes 42 consisting of cash or of merchandise with an aggregate value in excess 43 of[:44(1)] ten thousand dollars during the successive operations of any one 45 merchandise wheel[; and46(2) six thousand dollars during the successive operations of any], 47 bell jar, coin board or merchandise board. 48 (b) No series of prizes awarded by raffle shall have an aggregate 49 value in excess of five hundred thousand dollars. 50 (c) For coin boards and merchandise boards, the value of a prize shall 51 be determined by the cost of such prize to the authorized organization 52 or, if donated, the fair market value of such prize. 53 8. Except for merchandise wheels and raffles, no series of prizes on 54 any one occasion shall aggregate more than [four] five hundred dollars 55 when the licensed authorized organization conducts five single types of 56 games of chance during any one license period. Except for merchandiseS. 6022 3 1 wheels, raffles and bell jars, no series of prizes on any one occasion 2 shall aggregate more than five hundred dollars when the licensed author- 3 ized organization conducts less than five single types of games of 4 chance, exclusive of merchandise wheels, raffles and bell jars, during 5 any one license period. No authorized organization shall award by raffle 6 prizes with an aggregate value in excess of three million dollars during 7 any one license period. 8 10. No person except a bona fide member of the licensed authorized 9 organization or an auxiliary member of such organization shall partic- 10 ipate in the management of such games[; no person except a bona fide11member of the licensed authorized organization, its auxiliary or affil-12iated organization, shall participate in the operation of such game, as13set forth in section one hundred ninety-five-c of this article]. 14 § 3. Paragraph (b) of subdivision 1 of section 190 of the general 15 municipal law, as amended by chapter 574 of the laws of 1978, is amended 16 to read as follows: 17 (b) In each application there shall be designated not less than [four] 18 three bona fide members of the applicant organization under whom the 19 game or games of chance will be managed and to the application shall be 20 appended a statement executed by the members so designated, that they 21 will be responsible for the management of such games in accordance with 22 the terms of the license, the rules and regulations of the board, this 23 article and the applicable local laws or ordinances. 24 § 4. Subdivision 3 of section 190-a of the general municipal law, as 25 added by chapter 400 of the laws of 2005, is amended to read as follows: 26 3. No person under the age of eighteen shall be permitted to play, 27 operate or assist in any raffle conducted pursuant to this section; 28 provided, however, a member or auxiliary member over the age of sixteen 29 years, but under the age of eighteen years, shall be permitted to assist 30 in any raffle conducted pursuant to this section, if accompanied by an 31 adult. 32 § 5. Section 195 of the general municipal law, as amended by chapter 33 461 of the laws of 2003, is amended to read as follows: 34 § 195. Sunday; conduct of games on. Except as provided in section one 35 hundred ninety-five-b of this article, [no] games of chance [shall] may 36 be conducted under any license issued under this article on the first 37 day of the week, commonly known and designated as Sunday, unless it 38 shall be otherwise provided in the license issued for the conducting 39 thereof, pursuant to the provisions of a local law or an ordinance duly 40 adopted by the governing body of the municipality wherein the license is 41 issued, [authorizing] prohibiting the conduct of games of chance under 42 this article on that day [only between the hours of noon and midnight]. 43 Notwithstanding the foregoing provisions of this section no games of 44 chance shall be conducted on Easter Sunday or Christmas Day. 45 § 6. Section 195-a of the general municipal law, as amended by chapter 46 574 of the laws of 1978, is amended to read as follows: 47 § 195-a. Participation by persons under eighteen. No person under the 48 age of eighteen years shall be permitted to play any game or games of 49 chance conducted pursuant to any license issued under this article. 50 Persons under the age of eighteen years may be permitted to attend games 51 of chance at the discretion of the games of chance licensee. No person 52 under the age of eighteen years shall be permitted to operate any game 53 of chance conducted pursuant to any license issued under this article or 54 to assist therein; provided, however, that a member or auxiliary member 55 who is under the age of eighteen years and who is sixteen years of ageS. 6022 4 1 or older shall be permitted to assist in the operation of any game of 2 chance if accompanied by an adult. 3 § 7. Section 195-b of the general municipal law, as amended by chapter 4 252 of the laws of 1998, is amended to read as follows: 5 § 195-b. Frequency of games. No game or games of chance, shall be 6 conducted under any license issued under this article more often than 7 [twelve] eighteen times in any calendar year. No particular premises 8 shall be used for the conduct of games of chance on more than twenty- 9 four license periods during any one calendar year. Games shall be 10 conducted only between the hours of noon and midnight on Sunday, Monday, 11 Tuesday, Wednesday and Thursday, and only between the hours of noon on 12 Friday and two A.M. Saturday, and only between the hours of noon on 13 Saturday and two A.M. Sunday. The two A.M. closing period shall also 14 apply to a legal holiday. The above restrictions shall not apply when 15 only the games of chance known as bell jar and/or raffle are conducted. 16 § 8. Section 195-c of the general municipal law, as amended by chapter 17 252 of the laws of 1998, is amended to read as follows: 18 § 195-c. [1.] Persons operating games; equipment; expenses; compen- 19 sation. 1. No person shall operate any game of chance under any license 20 issued under this article except a bona fide member or auxiliary member 21 of the authorized organization to which the license is issued[, or a22bona fide member of an organization or association which is an auxiliary23to the licensee or a bona fide member of an organization or association24of which such licensee is an auxiliary or a bona fide member of an25organization or association which is affiliated with the licensee by26being, with it, auxiliary to another organization or association]. Noth- 27 ing herein shall be construed to limit the number of games of chance 28 licensees for whom such persons may operate games of chance nor to 29 prevent non-members from assisting the licensee in any activity other 30 than managing or operating games. No game of chance shall be conducted 31 with any equipment except such as shall be owned or leased by the 32 authorized organization so licensed or used without payment of any 33 compensation therefor by the licensee. However, in no event shall bell 34 jar tickets be transferred from one authorized organization to another, 35 with or without payment of any compensation thereof. The head or heads 36 of the authorized organization shall upon request certify, under oath, 37 that the persons operating any game of chance are bona fide or auxiliary 38 members of such authorized organization, auxiliary or affiliated organ- 39 ization. Upon request by an officer or the department any such person 40 involved in such games of chance shall certify that he or she has no 41 criminal record. No items of expense shall be incurred or paid in 42 connection with the conducting of any game of chance pursuant to any 43 license issued under this article except those that are reasonable and 44 are necessarily expended for games of chance supplies and equipment, 45 prizes, security personnel, stated rental if any, bookkeeping or 46 accounting services according to a schedule of compensation prescribed 47 by the board, janitorial services and utility supplies if any, and 48 license fees, and the cost of bus transportation, if authorized by such 49 clerk or department. No commission, salary, compensation[,] or reward 50 [or recompense] shall be paid or given to any person for the sale or 51 assisting with the sale of raffle tickets. 52 2. For the purpose of the sale of tickets for the game of raffle, the 53 term "operate" shall not include the sale of such tickets by persons of 54 lineal or collateral consanguinity to members of an authorized organiza- 55 tion licensed to conduct a raffle.S. 6022 5 1 § 9. Section 195-e of the general municipal law, as amended by section 2 14 of part MM of chapter 59 of the laws of 2017, is amended to read as 3 follows: 4 § 195-e. Advertising games. A licensee may advertise the conduct of 5 games of chance to the general public by means of newspaper, circular, 6 handbill [and], poster, electronic mail, electronic communications and 7 government access television broadcasts, and by one sign not exceeding 8 sixty square feet in area, which may be displayed on or adjacent to the 9 premises owned or occupied by a licensed authorized organization, 10 through the internet or television as may be regulated by the rules and 11 regulations of the commission. When an organization is licensed or 12 authorized to conduct games of chance on the premises of an authorized 13 games of chance lessor, one additional such sign may be displayed on or 14 adjacent to the premises in which the games are to be conducted. Addi- 15 tional signs may be displayed upon any firefighting or ambulance equip- 16 ment belonging to any licensed authorized organization that is a volun- 17 teer fire company, volunteer ambulance corps or upon any equipment of a 18 first aid or rescue squad or volunteer ambulance company in and through- 19 out the community served by such volunteer fire company, volunteer ambu- 20 lance corps or such first aid or rescue squad, or volunteer ambulance 21 company, as the case may be. All advertisements shall be limited to the 22 description of such event as "Games of chance" or "Las Vegas Night", the 23 name of the authorized organization conducting such games, the license 24 number of the authorized organization as assigned by the clerk or 25 department, the prizes offered and the date, location and time of the 26 event. 27 § 10. Subdivisions 10 and 11-a of section 476 of the general municipal 28 law, subdivision 10 as amended by chapter 364 of the laws of 1968 and 29 subdivision 11-a as added by chapter 160 of the laws of 1994, are 30 amended and a new subdivision 4-a is added to read as follows: 31 4-a. "Auxiliary member" shall mean a bona fide member of an organiza- 32 tion or association which is auxiliary to an authorized organization 33 licensed pursuant to this article; or a bona fide member of an organiza- 34 tion or association of which an authorized organization licensed pursu- 35 ant to this article is an auxiliary; or a bona fide member of an organ- 36 ization or association which is affiliated with an authorized 37 organization licensed pursuant to this article by being, with it, auxil- 38 iary to another organization or association. 39 10. "Limited period bingo" shall mean the conduct of bingo by a 40 licensed authorized organization, for a period of not more than [seven] 41 ten of [twelve] fourteen consecutive days in any one year, at a 42 festival, bazaar, carnival or similar function conducted by such 43 licensed authorized organization. No authorized organization licensed to 44 conduct limited period bingo shall be otherwise eligible to conduct 45 bingo pursuant to this article in the same year. 46 11-a. "Early bird" shall mean a bingo game which is played as a 47 special game, conducted not more than [twice] three times during a bingo 48 occasion, in which prizes are awarded based upon a percentage not to 49 exceed seventy-five percent of the sum of money received from the sale 50 of the early bird cards and which is neither subject to the prize limits 51 imposed by subdivisions five and six of section four hundred seventy- 52 nine and paragraph (a) of subdivision one of section four hundred eight- 53 y-one, nor the special game opportunity charge limit imposed by section 54 four hundred eighty-nine of this article. The percentage shall be speci- 55 fied both in the application for bingo license and the license. Not more 56 than [one dollar] two dollars shall be charged per card with the totalS. 6022 6 1 amount collected from the sale of the early bird cards and the prize for 2 each game to be announced before the commencement of each game. 3 § 11. Subdivisions 3 and 7 of section 479 of the general municipal 4 law, subdivision 3 as amended by chapter 337 of the laws of 1998 and 5 subdivision 7 as amended by chapter 814 of the laws of 1964, are amended 6 to read as follows: 7 3. No authorized organization licensed under the provisions of this 8 article shall purchase, lease, or receive any supplies or equipment 9 specifically designed or adapted for use in the conduct of bingo games 10 from other than a supplier licensed under [the bingo control law] arti- 11 cle nineteen-B of the executive law or from another authorized organiza- 12 tion. 13 7. No person except a bona fide member or auxiliary member of any such 14 organization shall participate in the management or operation of such 15 game. 16 § 12. Subdivision 3 of section 481 of the general municipal law, as 17 amended by chapter 284 of the laws of 1969, is amended to read as 18 follows: 19 3. No license shall be issued under this article which shall be effec- 20 tive for a period of more than one year. In the case of limited period 21 bingo, no license shall be issued authorizing the conduct of such games 22 on more than [two] three occasions in any one day nor shall any license 23 be issued under this article which shall be effective for a period of 24 more than [seven] ten of [twelve] fourteen consecutive days in any one 25 year. No license for the conduct of limited period bingo shall be issued 26 in cities having a population of one million or more. 27 § 13. Subdivision 1 of section 483 of the general municipal law, as 28 amended by chapter 438 of the laws of 1962, is amended to read as 29 follows: 30 1. [Eeach] Each license to conduct bingo shall be in such form as 31 shall be prescribed in the rules and regulations promulgated by the 32 control commission, and shall contain a statement of the name and 33 address of the licensee, of the names and addresses of the member or 34 members of the licensee under whom the games will be conducted, of the 35 place or places where and the date or dates and time or times when such 36 games are to be conducted and of the specific purposes to which the 37 entire net proceeds of such games are to be devoted; if any prize or 38 prizes are to be offered and given in cash, a statement of the amounts 39 of the prizes authorized so to be offered and given; and any other 40 information which may be required by said rules and regulations to be 41 contained therein, and each license issued for the conduct of any game 42 shall be conspicuously displayed at the place where same is to be 43 conducted at all times during the conduct thereof. 44 § 14. Section 485 of the general municipal law, as amended by chapter 45 438 of the laws of 1962, is amended to read as follows: 46 § 485. Sunday; conduct of games on. [No games] Games of bingo [shall] 47 may be conducted under any license issued under this article on the 48 first day of the week, commonly known as [designated as] Sunday, unless 49 it shall be otherwise provided in the license issued for the holding, 50 operating and conducting thereof, pursuant to the provisions of a local 51 law or an ordinance duly adopted by the governing body of the munici- 52 pality issuing the license, [authorizing] prohibiting the conduct of 53 bingo under this article on that day. 54 § 15. Section 486 of the general municipal law, as amended by section 55 6 of part MM of chapter 59 of the laws of 2017, is amended to read as 56 follows:S. 6022 7 1 § 486. Participation by persons under the age of eighteen. No person 2 under the age of eighteen years shall be permitted to play any game or 3 games of bingo conducted pursuant to any license issued under this arti- 4 cle. No person under the age of eighteen years shall be permitted to 5 conduct, operate or assist in the conduct of any game of bingo conducted 6 pursuant to any license issued pursuant to this article. Nothing in this 7 section shall prevent a person sixteen years of age or older from 8 performing ancillary non-gaming activities conducted in conjunction with 9 any game of bingo conducted pursuant to any license pursuant to this 10 article; provided, however, that a member or auxiliary member who is 11 under the age of eighteen years and who is sixteen years of age or older 12 shall be permitted to assist in the conduct of any game of bingo if 13 accompanied by an adult. 14 § 16. Section 487 of the general municipal law, as amended by chapter 15 72 of the laws of 1982, is amended to read as follows: 16 § 487. Frequency of game; sale of alcoholic beverages. No game or 17 games of bingo, except limited period bingo, shall be conducted under 18 any license issued under this article more often than on [eighteen] 19 twenty-seven days in any three successive calendar months. No game or 20 games of limited period bingo shall be conducted between the hours of 21 twelve midnight postmeridian and noon, and no more than sixty games may 22 be conducted on any single occasion of limited period bingo. No game or 23 games of bingo shall be conducted in any room or outdoor area where 24 alcoholic beverages are sold, served or consumed during the progress of 25 the game or games. 26 § 17. Subdivision 1 of section 488 of the general municipal law, as 27 amended by chapter 337 of the laws of 1998, is amended to read as 28 follows: 29 1. No person shall hold, operate or conduct any game of bingo under 30 any license issued under this article except a bona fide member or 31 auxiliary member of the authorized organization to which the license is 32 issued[, and]. Furthermore, no person shall assist in the holding, oper- 33 ating or conducting of any game of bingo under such license except such 34 a bona fide member or [a bona fide] auxiliary member [of an organization35or association which is an auxiliary to the licensee or a bona fide36member of an organization or association of which such licensee is an37auxiliary or a bona fide member of an organization or association which38is affiliated with the licensee by being, with it, auxiliary to another39organization or association and except bookkeepers or accountants as40hereinafter provided]. Provided, however, any person may assist the 41 licensed organization in any activity related to the game of bingo which 42 does not actually involve the holding, conducting, managing or operating 43 of such game of bingo. No game of bingo shall be conducted with any 44 equipment except such as shall be owned absolutely or leased by the 45 authorized organization so licensed or used without payment of any 46 compensation therefor by the licensee. Lease terms and conditions shall 47 be subject to rules and regulations promulgated by the board. This arti- 48 cle shall not be construed to authorize or permit an authorized organ- 49 ization to engage in the business of leasing bingo supplies or equip- 50 ment. No items of expense shall be incurred or paid in connection with 51 the conducting of any game of bingo pursuant to any license issued under 52 this article, except those that are reasonable and are necessarily 53 expended for bingo supplies and equipment, prizes, stated rental if any, 54 bookkeeping or accounting services according to a schedule of compen- 55 sation prescribed by the commission, janitorial services and utilityS. 6022 8 1 supplies if any, and license fees, and the cost of bus transportation, 2 if authorized by the control commission. 3 § 18. Section 490 of the general municipal law, as amended by section 4 8 of part MM of chapter 59 of the laws of 2017, is amended to read as 5 follows: 6 § 490. Advertising of bingo games. A licensee may advertise the 7 conduct of an occasion of bingo to the general public by means of news- 8 paper, radio, circular, handbill [and], poster, electronic mail, elec- 9 tronic communications and government access television broadcasts, by 10 one sign not exceeding sixty square feet in area, which may be displayed 11 on or adjacent to the premises owned or occupied by a licensed author- 12 ized organization, and through the internet or television as may be 13 regulated by the rules and regulations of the commission. When an organ- 14 ization is licensed to conduct bingo occasions on the premises of anoth- 15 er licensed authorized organization or of a licensed commercial lessor, 16 one additional such sign may be displayed on or adjacent to the premises 17 in which the occasions are to be conducted. Additional signs may be 18 displayed upon any firefighting or ambulance equipment belonging to any 19 licensed authorized organization which is a volunteer fire company, 20 volunteer ambulance corps or upon any equipment of a first aid or rescue 21 squad, or volunteer ambulance company in and throughout the community 22 served by such volunteer fire company, volunteer ambulance corps or such 23 first aid or rescue squad, or volunteer ambulance company, as the case 24 may be. All advertisements shall be limited to the description of such 25 event as "bingo", the name of the licensed authorized organization 26 conducting such bingo occasions, the license number of the authorized 27 organization as assigned by the clerk; the prizes offered and the date, 28 location and time of the bingo occasion. 29 § 19. Subdivision 1 of section 491 of the general municipal law, as 30 amended by section 9 of part MM of chapter 59 of the laws of 2017, is 31 amended to read as follows: 32 1. Within [seven] ten days after the conclusion of any occasion of 33 bingo, the authorized organization that conducted the same, and such 34 authorized organization's members who were in charge thereof, and when 35 applicable the authorized organization that rented its premises there- 36 for, shall each furnish to the clerk of the municipality a statement 37 subscribed by the member in charge and affirmed by such person as true, 38 under the penalties of perjury, showing the amount of the gross receipts 39 derived therefrom and each item of expense incurred, or paid, and each 40 item of expenditure made or to be made, the name and address of each 41 person to whom each such item has been paid, or is to be paid, with a 42 detailed description of the merchandise purchased or the services 43 rendered therefor, the net proceeds derived from such game or rental, as 44 the case may be, and the use to which such proceeds have been or are to 45 be applied and a list of prizes offered and given, with the respective 46 values thereof. A clerk may make provisions for the option for the elec- 47 tronic filing of such statement. It shall be the duty of each licensee 48 to maintain and keep such books and records as may be necessary to 49 substantiate the particulars of each such statement and within fifteen 50 days after the end of each calendar quarter during which there has been 51 any occasion of bingo, a summary statement of such information, in form 52 prescribed by the commission, shall be furnished in the same manner to 53 the commission. 54 § 20. This act shall take effect on the first of January next succeed- 55 ing the date on which it shall have become a law.
