senate Bill S2713

Relates to bell jar manufacture, sale and conduct

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 23 / Jan / 2013
    • REFERRED TO RACING, GAMING AND WAGERING

Summary

Relates to bell jar manufacture, sale and conduct.

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Bill Details

Versions:
S2713
Legislative Cycle:
2013-2014
Current Committee:
Senate Racing, Gaming And Wagering
Law Section:
General Municipal Law
Laws Affected:
Amd §§186, 195-n, 195-o & 195-p, Gen Muni L; amd §225.20, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3632
2009-2010: S7165

Sponsor Memo

BILL NUMBER:S2713

TITLE OF BILL: An act to amend the general municipal law and the penal
law, in relation to bell jar manufacture, sale and conduct

PURPOSE: This bill would amend various sections of the General Munici-
pal Law (GML) to require that bell jar tickets sold in New York State
contain an imprint of a legend approved by the New York State Racing and
Wagering Board (Board).

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend GML 5 186(3-a) definition of bell jars
to require a board-approved legend.

Section 2 of the bill would amend GML § 195-n to reorganize existing
language, including clarifying the Board's process in approving tickets.
This section also would delete superfluous language and a confusing,
unused penal provision.

Section 3 of the bill would amend GML § 195-o to reorganize existing
language and clarify to whom sales may be made. The section also would
delete superfluous language and a confusing, unused penal provision.

Section 4 of the bill would amend GML § 195-p to require disposition of
bell jars held by an organization not maintaining continuity of munici-
pal licensing.

Section 5 of the bill would amend Penal Law § 225.20(2) to clarify that
unlicensed possession of bell jars is a criminal offense.

Section 6 of the bill would provide for the effective date.

EXISTING LAW: There is no statutory requirement for a New York State
symbol or legend on bell jar tickets.

LEGISLATIVE HISTORY: 2010: S.7165 - Held in Racing, Gaming & Wagering
2011: S.3632 - Referred to Racing, Gaming & Wagering 2012: S.3632 -
Referred to Racing, Gaming & Wagering

STATEMENT IN SUPPORT: The primary benefit of this proposal would be to
provide a control mechanism easily allowing people to determine if a
bell jar ticket is permissible for sale in the State. This would assist
volunteer organizations conducting games of chance in preventing unscru-
pulous individuals from criminally diverting fund raising dollars.
Reducing the ability to blend unlawfully obtained tickets with legal
tickets will increase the revenues realized by these licensed authorized
organizations.

The concept is not unique as several states such as Massachusetts and
Texas have adopted the requirement of a state-approved logo or symbol.

The proposal also makes amendments to clarify intent, conform language
throughout General Municipal Law Article 9-A and more efficiently
provide for a criminal sanction.

BUDGET IMPLICATIONS: None.

EFFECTIVE DATE: This bill would take effect January 1, next succeeding
the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2713

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 and the penal law, in relation
  to bell jar manufacture, sale and conduct

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3-a of section 186  of  the  general  municipal
law,  as  amended by chapter 531 of the laws of 2011, is amended to read
as follows:
  3-a. "Bell jars" shall mean and include those games in which a partic-
ipant shall draw a card from a jar, vending machine, or  other  suitable
device  or  container which contains numbers, colors or symbols that are
covered and which, when uncovered, may reveal  that  a  prize  shall  be
awarded  on the basis of a designated winning number, color or symbol or
combination of numbers, colors or symbols. Bell jars shall also  include
seal  cards, coin boards, event games, and merchandise boards.  ALL BELL
JARS SOLD WITHIN THE STATE SHALL BE MANUFACTURED WITH  A  BOARD-APPROVED
LEGEND ON ITS FACE OR REVERSE.
  S 2. Subdivisions 1, 2 and 4 of section 195-n of the general municipal
law, subdivisions 1 and 4 as amended by chapter 637 of the laws of 1999,
and  subdivision  2  as  amended by chapter 337 of the laws of 1998, are
amended to read as follows:
  1. Distribution; manufacturers.    [For  business  conducted  in  this
state,  manufacturers  licensed  by  the  board to sell bell jar tickets
shall sell only such tickets to distributors licensed by the board.] (A)
GENERALLY.  BELL JARS MANUFACTURED WITH A BOARD-APPROVED LEGEND MAY ONLY
BE SOLD TO BOARD-LICENSED DISTRIBUTORS FOR RESALE WITHIN THE STATE.
  (B) REVIEW AND APPROVAL. Manufacturers  of  bell  [jar  tickets,  seal
cards,  merchandise  boards,  and  coin  boards  may]  JARS SHALL submit
[samples,] artists' renderings, or color photocopies  of  proposed  bell

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05580-01-3

S. 2713                             2

[jar  tickets, seal cards, merchandise boards, coin boards] JARS, payout
cards, and flares for review and approval by the  board.  Within  thirty
days  of  receipt  of such [sample or] rendering OR COLOR PHOTOCOPY, the
board  shall  approve  or  deny such bell [jar tickets] JARS.  Following
approval of a rendering OR COLOR PHOTOCOPY of a bell jar  [ticket,  seal
card,  merchandise  board, or coin board] by the board, the manufacturer
shall submit to the board a sample of the printed bell jar [ticket, seal
card, merchandise board, coin board], payout card, and  flare  for  such
game.  [Such  sample shall be submitted prior to the sale of the game to
any licensed distributor for resale in this state.] WITHIN  THIRTY  DAYS
OF  RECEIPT,  THE  BOARD  SHALL  REVIEW  SAME  FOR  CONSISTENCY WITH THE
APPROVED RENDERING AND, IF APPROVED,  AUTHORIZE  MANUFACTURE.  For  coin
boards and merchandise boards, nothing herein shall require the [submit-
tal] SUBMISSION of actual coins or merchandise as part of the [approval]
REVIEW process.
  (C)  SANCTION. Any licensed manufacturer who [willfully] INTENTIONALLY
violates the provisions of this section shall: [(a)] (I) upon such first
offense, have their license suspended for a period of thirty days; [(b)]
(II) upon such second offense, participate in a hearing to be  conducted
by the board, and surrender their license for such period as recommended
by  the  board;  and  [(c)] (III) upon such third or subsequent offense,
have their license suspended for a period of one year and shall be guil-
ty of a class E felony. [Any unlicensed manufacturer  who  violates  the
provisions of this section shall be guilty of a class E felony.]
  2.  Bar  codes. The manufacturer shall affix to the flare of each bell
jar game a bar code that provides  all  information  prescribed  by  the
board  and  shall require that the bar code include the serial number of
the game the flare describes. A manufacturer shall  also  affix  to  the
outside  of  the  container  or wrapping containing   a deal of bell jar
tickets a bar code providing all information prescribed by the board and
containing the same information as the bar code affixed  to  the  flare.
The board may also prescribe additional bar code requirements. No person
[may]  SHALL  alter  the  bar  code  that appears on the flare or on the
outside of the container or wrapping containing a deal of bell jar tick-
ets.  Possession of a deal of bell jar  tickets  that  has  a  bar  code
different  from  the  serial  number of the deal inside the container or
wrapping as evidenced on the flare is  prima  facie  evidence  that  the
possessor has altered the bar code on the container or wrapping.
  4.  Reports  of  sales. A manufacturer [who sells bell jar tickets for
resale in this state] shall file with the board, on a form prescribed by
the board, a report of all bell [jar tickets] JARS  sold  [to  distribu-
tors] OR SHIPPED in the state. The report shall be filed quarterly on or
before  the twentieth day of the month succeeding the end of the quarter
in which the sale was made. The  board  [may]  SHALL  require  that  the
report be submitted via magnetic media or electronic data transfer.
  S  3.  Section 195-o of the general municipal law, as added by chapter
309 of the laws of 1996 and subdivisions 1, 1-a  and  5  as  amended  by
chapter 637 of the laws of 1999, is amended to read as follows:
  S  195-o.  Distributor of bell jars; reports and records.  1. Distrib-
ution; distributors.  (A) GENERALLY. Any distributor licensed in accord-
ance with section one hundred eighty-nine-a of this article to  distrib-
ute  bell [jar tickets] JARS shall purchase bell [jar tickets] JARS only
from licensed manufacturers and may manufacture coin boards and merchan-
dise boards only as  authorized  in  subdivision  [one-a]  TWO  of  this
section.  Licensed  distributors  of  bell [jar tickets] JARS shall sell

S. 2713                             3

such  [tickets]  only  to  [not-for-profit,  charitable  or   religious]
LICENSED AUTHORIZED organizations registered by the board.
  (B)  SANCTIONS.  Any  licensed  distributor who willfully violates the
provisions of this section shall:
  [(a)] (I) upon such first offense, have their license suspended for  a
period of thirty days;
  [(b)]  (II)  upon  such second offense, participate in a hearing to be
conducted by the board, and surrender their license for such  period  as
recommended by the board; and
  [(c)]  (III) upon such third or subsequent offense, have their license
suspended for a period of one year and shall be  guilty  of  a  class  E
felony.  [Any  unlicensed distributor who violates this section shall be
guilty of a class E felony.
  1-a] 2. Coin boards and merchandise boards. Distributors of bell  [jar
tickets] JARS may manufacture coin boards and merchandise boards only if
such  boards have been approved by the board and have a bar code affixed
to them setting forth all information required by the board. Except that
for coin boards and merchandise boards,  delineation  of  the  prize  or
prize  value need not be included on the game ticket sold in conjunction
with a coin board or merchandise board. In lieu of such requirement, the
distributor shall be required to  disclose  the  prize  levels  and  the
number  of  winners  at  each  level and shall print clearly on the game
ticket that a ticket holder may obtain the prize  and  prize  value  for
each  prize  level by referencing the flare. Such coin boards shall only
be sold by licensed distributors to  licensed  authorized  organizations
registered  by the board in accordance with the provisions of this arti-
cle.
  [2] 3.  Business records. A distributor shall keep at  each  place  of
business  complete  and  accurate  records  for  that place of business,
including  itemized  invoices  of  bell  [jar  tickets]  JARS  held  and
purchased.  The records must show the names and addresses of purchasers,
the inventory at the  close  of  each  period  for  which  a  return  is
required,  all  bell  [jar  tickets]  JARS  on hand, and other pertinent
papers and documents relating to the purchase, sale, or  disposition  of
bell [jar tickets] JARS as may be required by the board. Books, records,
itemized  invoices,  and  other  papers  and  documents required by this
section shall be kept for a period of at least four years after the date
of the documents, or the date of the entries appearing in  the  records,
unless  the board authorizes in writing their destruction or disposal at
an earlier date. A person who violates this section shall be guilty of a
misdemeanor.
  [3] 4.  Sales records. A distributor shall maintain a  record  of  all
bell  [jar  tickets]  JARS  that it sells. The record shall include, but
need not be limited to:
  (a) the  identity  of  the  manufacturer  from  whom  the  distributor
purchased the product;
  (b) the serial number of the product;
  (c)  the  name,  address,  and  license or exempt permit number of the
organization or person to which the sale was made;
  (d) the date of the sale;
  (e) the name of the person who ordered the product;
  (f) the name of the person who received the product;
  (g) the type of product;
  (h) the serial number of the product;

S. 2713                             4

  (i) the account number identifying the sale from the  manufacturer  to
distributor  and  the  account  number  identifying  the  sale  from the
distributor to the licensed organization; and
  (j)  the  name, form number, or other identifying information for each
game.
  [4] 5.  Invoices. A distributor shall supply with each sale of a  bell
jar  product  an  itemized  invoice  showing  the distributor's name and
address, the purchaser's name, address, and license number, the date  of
the  sale, the account number identifying the sale from the manufacturer
to distributor and the account number  identifying  the  sale  from  the
distributor  to  the  licensed  organization, and the description of the
deals, including the form number, the serial number and the ideal  gross
from every deal of bell [jar or similar game] JARS.
  [5] 6.  Reports. A distributor shall report quarterly to the board, on
a form prescribed by the board, its sales of each type of bell [jar deal
or tickets] JARS.  This report shall be filed quarterly on or before the
twentieth  day  of  the month succeeding the end of the quarter in which
the sale was made. The board [may]  SHALL  require  that  a  distributor
submit  the  quarterly  report and invoices required by this section via
magnetic media or electronic data transfer.
  [6] 7.  The board may inspect the premises, books, records, and inven-
tory of a distributor without notice during the normal business hours of
the distributor.
  [7] 8.  Certified physical inventory. The  board  may,  upon  request,
require  a  distributor to furnish a certified physical inventory of all
bell [jar tickets] JARS in stock. The inventory shall contain the infor-
mation requested by the board.
  S 4. Section 195-p of the general municipal law, as added  by  chapter
309 of the laws of 1996, is amended to read as follows:
  S  195-p.  Transfer restrictions. [Not-for-profit, charitable or reli-
gious] 1. LICENSED AUTHORIZED organizations authorized to sell bell [jar
tickets] JARS in accordance with this article shall purchase  bell  [jar
tickets]  JARS  only  from distributors licensed by the board.  No [not-
for-profit, charitable, or religious] LICENSED  AUTHORIZED  organization
shall sell, donate, or otherwise transfer bell [jar tickets] JARS to any
other  [not-for-profit,  charitable  or  religious]  LICENSED AUTHORIZED
organization.
  2. AN AUTHORIZED ORGANIZATION NOT MAINTAINING  CONTINUITY  OF  LICENSE
SHALL,  WITHIN  NINETY  DAYS  OF LICENSE EXPIRATION, DISPOSE OF ALL BELL
JARS POSSESSED IN A MANNER DIRECTED BY THE BOARD.
  S 5. Subdivision 2 of section 225.20 of the penal law  is  amended  to
read as follows:
  2.  Of  a kind commonly used in the operation, promotion or playing of
BELL JARS OR a lottery or policy scheme or enterprise, and constituting,
reflecting or representing more than five hundred plays or chances ther-
ein.
  S 6. This act shall take effect on the first of January next  succeed-
ing  the  year  in  which it shall have become a law; provided, however,
that any rules and regulations necessary for the  timely  implementation
of this act shall be promulgated on or before such effective date.

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