senate Bill S876

Amended

Relates to authorizing licensed authorized organizations to conduct certain poker tournaments as licensed games of chance fundraisers

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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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actions

  • 09 / Jan / 2013
    • REFERRED TO RACING, GAMING AND WAGERING
  • 23 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 29 / May / 2013
    • 1ST REPORT CAL.787
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO RACING, GAMING AND WAGERING
  • 23 / Jan / 2014
    • 1ST REPORT CAL.50
  • 27 / Jan / 2014
    • 2ND REPORT CAL.
  • 28 / Jan / 2014
    • ADVANCED TO THIRD READING
  • 25 / Mar / 2014
    • AMENDED ON THIRD READING 876A
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Authorizes licensed authorized organizations to conduct certain poker tournaments as licensed games of chance fundraisers.

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Bill Details

Versions:
S876
S876A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
General Municipal Law
Laws Affected:
Amd ยงยง185, 186, 189, 195-d & 195-e, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4662A
2009-2010: S767B
2007-2008: S1728

Votes

11
0
11
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Racing, Gaming and Wagering committee vote details

Sponsor Memo

BILL NUMBER:S876

TITLE OF BILL:
An act
to amend the general municipal law, in relation to poker
tournaments

PURPOSE:
To allow authorized organizations licensed under the Games of Chance
law to conduct poker tournaments.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 185 of the General Municipal Law to provide
that the Legislature finds that although elements of skill may be
involved, the various games of poker, including the game known as
"Texas hold 'em," are games of chance that should be regulated under
the General Municipal Law.

Section 2: Amends subdivision 3 of section 186 of the General Municipal
Law to include "poker tournaments" within the definition of "Games of
chance."

Section 3: Amends section 186 of the General Municipal Law by adding
a new subdivision 3-f which defines the term "poker tournament."

Section 4: Amends subdivision 14 of section 186 of the General
Municipal Law to define "one occasion" of a poker tournament as the
period of time from the commencement of such tournament until a
winner or winners are determined or a pre-determined time to conclude
the tournament has been reached.

Section 5: Amends subdivision 5 of section 189 of the General Municipal
Law to exempt poker tournaments from the limits on single prizes
placed on other games of chance.

Section 6: Amends subdivision 8 of section 189 of the General Municipal
Law to exempt poker tournaments from the limits on a series prizes
distributed on any one occasion placed on other games of chance.

Section 7: Amends section 195-d of the General Municipal Law to provide
that no more than one hundred dollars ($100) shall be charged as an
admission fee to a poker tournament and that fifty percent (50%) of
such fee shall be applied to a prize or prizes and fifty percent
(50%) shall be retained by the authorized organization.

Section 8: Amends section 195-e of the General Municipal Law to
authorize the advertisement of a poker tournament by a licensed
authorized organization.

Section 9: Effective date.

EXISTING LAW:
Does not include poker tournaments as a game of chance.

JUSTIFICATION:
Poker tournaments have become a national craze, due to media attention


provided by such television shows as "World Series of Poker." At the
same time, traditional games of chance that are conducted by
charitable organizations that are licensed by the Racing and Wagering
Board, such as Black Jack, Roulette and other casino games, have
declined in popularity. It is believed that the interjection of poker
tournaments - conducted under the strict licensing scheme that
applies to existing games of chance - will provide these charitable
organizations with new and needed revenue, while providing a social
outlet for its members and patrons.

PRIOR LEGISLATIVE HISTORY:

S.4662-A of 2012: Died on Senate Floor Calendar, Died in Assembly
Racing and Wagering

S.4662 of 2011: Died in Senate Finance, Died in Assembly Racing and
Wagering

S.767-B of 2010: Died in Senate Investigations and Gov. Operations,
Died in Assembly Racing and Wagering

S.767-A of 2009: Died in Senate
Finance, Died in Assembly Racing and Wagering

STATE AND LOCAL FISCAL IMPLICATIONS:
Increased revenue to the State through Racing and Wagering. Increased
revenue to local governments through additional licensing fees

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth (180th) day
after it shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date is authorized to be made and completed by the state
racing and wagering board on or before such date.

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

                                   876

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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 poker tourna-
  ments

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

  Section  1.    Section 185 of the general municipal law, as amended by
chapter 574 of the laws of 1978, is amended to read as follows:
  S 185. Short title; purpose of article. This article  shall  be  known
and  may  be cited as the games of chance licensing law. The legislature
hereby declares that the raising of funds for the promotion of bona fide
charitable, educational, scientific,  health,  religious  and  patriotic
causes and undertakings, where the beneficiaries are undetermined, is in
the  public  interest.  It  hereby finds that, as conducted prior to the
enactment of this article, games of chance were the subject of exploita-
tion by professional gamblers, promoters, and commercial interests,  AND
IT  FINDS  FURTHER THAT, ALTHOUGH ELEMENTS OF SKILL MAY BE INVOLVED, THE
VARIOUS GAMES OF POKER, INCLUDING THE GAME KNOWN AS  "TEXAS  HOLD  'EM,"
ARE  GAMES  OF CHANCE THAT SHOULD BE REGULATED UNDER THIS ARTICLE. It is
hereby declared to be the policy of the legislature that all  phases  of
the  supervision, licensing and regulation of games of chance and of the
conduct of games of chance, should be closely controlled  and  that  the
laws and regulations pertaining thereto should be strictly construed and
rigidly  enforced; that the conduct of the game and all attendant activ-
ities should be so regulated and adequate controls so instituted  as  to
discourage commercialization of gambling in all its forms, including the
rental of commercial premises for games of chance, and to ensure a maxi-
mum  availability of the net proceeds of games of chance exclusively for
application to the worthy causes and undertakings specified herein; that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03215-01-3

S. 876                              2

the only justification for this article is to foster  and  support  such
worthy  causes and undertakings, and that the mandate of section nine of
article one of the state constitution, as amended, should be carried out
by rigid regulations to prevent commercialized gambling, prevent partic-
ipation  by  criminal  and  other  undesirable  elements and prevent the
diversion of funds from the purposes herein authorized.
  S 2. Subdivision 3 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. "Games of chance" shall mean and include only the  games  known  as
"merchandise wheels", "coin boards", "merchandise boards", "seal cards",
"event  games",  "raffles", "POKER TOURNAMENTS" and "bell jars" and such
other specific games as may be authorized by the board, in which  prizes
are  awarded  on  the  basis  of a designated winning number or numbers,
color or colors, symbol or symbols determined by chance, but not includ-
ing games commonly known as "bingo or lotto" which are controlled  under
article  fourteen-H of this chapter and also not including "bookmaking",
"policy or numbers games" and "lottery" as defined in section 225.00  of
the  penal law. No game of chance shall involve wagering of money by one
player against another player.
  S 3. Section 186 of the general municipal law is amended by  adding  a
new subdivision 3-f to read as follows:
  3-F.  "POKER  TOURNAMENT" SHALL MEAN AND INCLUDE THOSE GAMES OF CHANCE
IN WHICH PARTICIPANTS COMPETE BY PLAYING POKER GAMES THAT  ARE  APPROVED
BY THE BOARD. PLACEMENT IN A POKER TOURNAMENT SHALL BE DETERMINED BY THE
NUMBER  OF POKER CHIPS THAT ARE ACCUMULATED DURING THE COURSE OF PLAY OR
BY THE VARIOUS TIMES THAT CONTESTANTS ARE ELIMINATED FROM THE TOURNAMENT
DURING THE COURSE OF PLAY. POKER CHIPS SHALL BE ALLOTTED TO  CONTESTANTS
IN ACCORDANCE WITH RULES THAT ARE ADOPTED BY THE BOARD.
  S  4.  Subdivision  14 of section 186 of the general municipal law, as
amended by chapter 531 of the laws  of  2011,  is  amended  to  read  as
follows:
  14.  "One  occasion"  shall  mean the successive operations of any one
single type of game of chance which results in the awarding of a  series
of  prizes  amounting  to  five  hundred dollars or four hundred dollars
during any one license period, in  accordance  with  the  provisions  of
subdivision eight of section one hundred eighty-nine of this article, as
the  case may be. For purposes of the game of chance known as a merchan-
dise wheel or a raffle, "one occasion" shall mean the  successive  oper-
ations  of  any one such merchandise wheel or raffle for which the limit
on a series of prizes provided by subdivision six of section one hundred
eighty-nine of this article shall apply. For purposes  of  the  game  of
chance  known  as  a  bell jar, "one occasion" shall mean the successive
operation of any one such bell jar, seal card, event game,  coin  board,
or merchandise board which results in the awarding of a series of prizes
amounting  to  three  thousand  dollars. For the purposes of the game of
chance known as raffle "one occasion" shall mean a calendar year  during
which successive operations of such game are conducted.  FOR THE PURPOSE
OF  THE  GAME KNOWN AS A POKER TOURNAMENT, "ONE OCCASION" SHALL MEAN THE
PERIOD OF TIME FROM THE COMMENCEMENT OF SUCH TOURNAMENT UNTIL  A  WINNER
OR WINNERS ARE DETERMINED OR A PRE-DETERMINED TIME TO CONCLUDE THE TOUR-
NAMENT HAS BEEN REACHED.
  S  5.  Subdivision  5  of section 189 of the general municipal law, as
amended by chapter 455 of the laws  of  2012,  is  amended  to  read  as
follows:

S. 876                              3

  5.  No  single  prize  awarded by games of chance other than raffle OR
POKER TOURNAMENT shall exceed the sum or value of three hundred dollars,
except that for merchandise wheels, no single prize shall exceed the sum
or value of two hundred fifty dollars. No single prize awarded by raffle
shall exceed the sum or value of one hundred thousand dollars. No single
wager  shall  exceed  six  dollars  and  for  bell jars, coin boards, or
merchandise boards, no single prize shall exceed  five  hundred  dollars
provided, however, that such limitation shall not apply to the amount of
money or value paid by the participant in a raffle in return for a tick-
et  or  other receipt. For coin boards and merchandise boards, the value
of a prize shall be determined by its costs to the authorized  organiza-
tion or, if donated, its fair market value.
  S  6.  Subdivision  8  of section 189 of the general municipal law, as
amended by chapter 455 of the laws  of  2012,  is  amended  to  read  as
follows:
  8. Except for merchandise wheels [and], raffles AND POKER TOURNAMENTS,
no  series  of prizes on any one occasion shall aggregate more than four
hundred dollars when the licensed authorized organization conducts  five
single  types  of  games of chance during any one license period. Except
for merchandise wheels, raffles [and], bell jars AND POKER  TOURNAMENTS,
no  series  of prizes on any one occasion shall aggregate more than five
hundred dollars when the licensed authorized organization conducts  less
than  five  single  types  of  games of chance, exclusive of merchandise
wheels, raffles [and], bell jars AND POKER TOURNAMENTS, during  any  one
license  period. No authorized organization shall award by raffle prizes
with an aggregate value in excess of two million dollars during any  one
license period.
  S 7. Section 195-d of the general municipal law, as amended by chapter
637 of the laws of 1999, is amended to read as follows:
  S  195-d.  Charge  for  admission and participation; amount of prizes;
award of prizes. A fee may be charged by any licensee for  admission  to
any  game  or  games  of chance conducted under any license issued under
this article. The clerk or department may in its discretion fix a  mini-
mum fee.  NO MORE THAN ONE HUNDRED DOLLARS SHALL BE CHARGED AS AN ADMIS-
SION  FEE  TO  A  POKER  TOURNAMENT.  FIFTY PERCENT OF SUCH FEE SHALL BE
APPLIED TO A PRIZE OR PRIZES, AS MAY BE  DETERMINED  BY  THE  AUTHORIZED
ORGANIZATION,  AND  FIFTY  PERCENT  OF SUCH FEE SHALL BE RETAINED BY THE
AUTHORIZED ORGANIZATION, SUBJECT TO THE PROVISIONS OF SUBDIVISION SIX OF
SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE. With  the  exception  of
bell  jars,  coin  boards,  seal cards, merchandise boards, and raffles,
every winner shall be determined and every prize shall  be  awarded  and
delivered  within  the same calendar day as that upon which the game was
played. No alcoholic beverage shall be offered or given as  a  prize  in
any game of chance.
  S 8. Section 195-e of the general municipal law, as amended by chapter
94 of the laws of 1981, is amended to read as follows:
  S  195-e.  Advertising  games. A licensee may advertise the conduct of
games of chance to the general public by means of  newspaper,  circular,
handbill  and poster, and by one sign not exceeding sixty square feet in
area, which may be displayed on or adjacent to  the  premises  owned  or
occupied by a licensed authorized organization, and when an organization
is  licensed  to  conduct  games  of chance on premises of an authorized
games of chance lessor, one additional such sign may be displayed on  or
adjacent  to the premises in which the games are to be conducted.  Addi-
tional signs may be displayed upon any fire fighting equipment belonging
to any licensed authorized organization which is a volunteer fire compa-

S. 876                              4

ny, or upon any equipment of a first aid or rescue squad in and through-
out the community served by such volunteer fire company  or  such  first
aid  or  rescue  squad,  as the case may be. All advertisements shall be
limited to the description of such event as "Games of chance" [or], "Las
Vegas Night" OR "POKER TOURNAMENT", the name of the authorized organiza-
tion  conducting such games, the license number of the authorized organ-
ization as assigned by the clerk or department and  the  date,  location
and time of the event.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  to  be  made  and completed by the state racing and wagering
board on or before such date.

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