Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Feb 26, 2014 |
referred to racing and wagering delivered to assembly passed senate |
Feb 11, 2014 |
advanced to third reading |
Feb 10, 2014 |
2nd report cal. |
Feb 04, 2014 |
1st report cal.90 |
Jan 08, 2014 |
referred to racing, gaming and wagering returned to senate died in assembly |
May 21, 2013 |
referred to racing and wagering delivered to assembly passed senate |
May 20, 2013 |
advanced to third reading |
May 08, 2013 |
2nd report cal. |
May 07, 2013 |
1st report cal.570 |
Jan 17, 2013 |
referred to racing, gaming and wagering |
Senate Bill S2440
2013-2014 Legislative Session
Eases certain restrictions on the conducting of games of chance and bingo for charitable purposes
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Feb 26, 2014
aye (59)- Addabbo Jr.
- Avella
- Ball
- Bonacic
- Boyle
- Breslin
- Carlucci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Gallivan
- Gianaris
- Gipson
- Golden
- Griffo
- Grisanti
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Maziarz
- Montgomery
- Nozzolio
- O'Brien
- O'Mara
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Savino
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Tkaczyk
- Valesky
- Young
- Zeldin
nay (2)
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Floor Vote: May 21, 2013
aye (60)- Adams
- Addabbo Jr.
- Avella
- Ball
- Bonacic
- Boyle
- Breslin
- Carlucci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Fuschillo
- Gallivan
- Gianaris
- Gipson
- Golden
- Griffo
- Grisanti
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Maziarz
- Montgomery
- Nozzolio
- O'Brien
- O'Mara
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Savino
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Tkaczyk
- Valesky
- Young
- Zeldin
nay (2)excused (1)
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Feb 4, 2014 - Racing, Gaming And Wagering Committee Vote
S244010Aye1Nay0Aye with Reservations0Absent0Excused0Abstained-
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Racing, Gaming And Wagering Committee Vote: Feb 4, 2014
nay (1)
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May 7, 2013 - Racing, Gaming And Wagering Committee Vote
S244010Aye1Nay0Aye with Reservations0Absent0Excused0Abstained-
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Racing, Gaming And Wagering Committee Vote: May 7, 2013
nay (1)
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co-Sponsors
(D) Senate District
(R) Senate District
2013-S2440 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4150
- Current Committee:
- Assembly Racing And Wagering
- Law Section:
- General Municipal Law
- Laws Affected:
- Amd Gen Muni L, generally
- Versions Introduced in Other Legislative Sessions:
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2011-2012:
S7104, A10309
2015-2016: S1940, A1505
2017-2018: A899
2019-2020: A3280
2021-2022: A1402
2023-2024: A4814
2013-S2440 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2440 TITLE OF BILL: An act to amend the general municipal law, in relation to the conducting of games of chance and bingo by certain organizations PURPOSE: The purpose of this bill is twofold. First, to update the provisions that govern the conduct of games of chance in New York. Article 9-A of the General Municipal Law was first codified in 1967 and has not been substantially modernized since that date. The operation of games of chance, such as bell jars, raffles, and Las Vegas Nights raise significant revenue for not-for-profit organizations that helps to support their charitable purposes. However, the significant changes in lifestyles and entertainment venues that have occurred since 1967 is slowly reducing the amount of charitable gaming money that is being raised by charitable organizations to support their charitable purposes. Second, to update the provisions that govern the conduct of bingo games in New York. Article 14-H of the General Municipal Law was first codified in 1957 and has not been substantially modernized since that date. The operation of bingo games raises significant funds for not-for-profit organizations that helps to support their charitable purposes. However, again, the light year changes that have occurred in lifestyles and entertainment venues since the late 1950's has substantially curtailed the amount of bingo money raised by charitable
organizations to support their charitable purposes. The goal of this bill is to modernize the provisions of Articles 9-A and 14-H to help stabilize the amount of revenue raised by charitable organizations, such as fire companies, parochial schools, religious organizations, and fraternal organizations, and to enhance their ability to support their designated charitable purposes. Further, the bill attempts to encourage more volunteers to participate in the conduct of games of chance and bingo and to reduce overhead costs that could then be shifted to supporting those designated charitable purposes. SUMMARY OF PROVISIONS: The first 12 sections of this bill modernize the conduct and management of games of chance. Sections 13 through 22 modernize the regulation of bingo games. Games of Chance Reforms: Section 1: Amends General Municipal. Law section 186 to up-date definitions that are used in Article 9-A that govern the regulation of charitable games such as bell jars, raffles, and Las Vegas nights. Among the definitions that are modified are the inclusion of the term "auxiliary member". This definition is currently included in the law, but is buried in the body of the General Municipal Law. In addition, it changes the definition of "one occasion" to increase the series of prize limits from $3,000 to $10,000. Section 2: Amends General Municipal Law section 189 to permit auxiliary members of a charitable organization to participate in the management and operation of such games. This provision was added to reflect the current problem that charitable organizations are facing in securing volunteers to manage and conduct games of chance. This provision also increases a single prize limit from $300 to $400, except for raffles which increased from $250 to $300. Fox a series of prizes, the values increase from $400 to $500 to reflect the devaluation of the prizes due to inflation. The prize limits set in this section were established in 1976. With inflation since 1976, the prize values have been devalued substantially over the past 35 years. Section 3: Amends General Municipal Law section 190 to reduce the number of bona fide members of an applicant organization that are named to manage the games of chance from 4 to 3. This is needed due to the lack of volunteers available to manage these charitable games. Section 4: Amends the General Municipal Law section 190-a to include volunteer ambulance workers as being a bona fide authorized organization that can conduct games of chance. Before 1976, most ambulance companies were organized under a volunteer fire company. However, it is more common now to see ambulance companies that operate free of a volunteer fire company. Section 5: Amends General Municipal Law section 190-a to allow those between the ages of 16 and 18 can help conduct a raffle if accompanied by an adult. Such persons must be either members or auxiliary members of such charitable organization. Section 6: Amends General Municipal Law section 194 to allow for the sale of wine, in addition to the currently authorized sale of beer during the conduct of games of chance events. Drinking patterns have changed since this law was last codified in 1976. The consumption of wine is far more common that it was in the past and should be allowed during the conduct of games of chance. Further, the issuance of beer only licenses for on-premise consumption have declined, to be replaced by licensees that sell both beer and wine. Section 7: Amends General Municipal Law section 195 to change the default on conducting of games of chance on Sunday from being prohibited unless authorized by the local municipality to being permitted unless the local municipality opts to prohibit such games on Sunday. Section 8: Amends General Municipal Law section 195-a to permit those who are 16 to 18 years old, who axe either members or auxiliary members of the charitable organization, to help conduct games as long as they are accompanied by an adult. Under current law, children can attend games as long as they are accompanied by an adult. This bill will increase the pool of volunteers that could help to conduct bingo games, provide assistance at the snack stand, or perform other tasks. Since 1967, the world has changed. With the expanded use of the internet, internet gambling, and questionable material that is readily available to children on the internet, it seems outdated that teenagers between the ages of 16 and 18 are prohibited from assisting their parents or other adults in assisting in the conduct of games with other adults. In today's society, there are probably much Worse things that a teenager could be doing than helping a charitable organization conduct a games of chance. Section 9: Amends General Municipal Law section 195-b to increase the frequency at which games can be conducted from 12 to 18 times in any calendar year. Section 10: Amends General Municipal Law section 195-c to reformat this section so that the definition of auxiliary member of a charitable organization is contained not in this section, but shifted to the definitions section contained in bill section one. Section 11: Amends General Municipal Law section 195-e to modernize the types of advertising that can be done to promote game nights. It permits the use of emails and government access television broadcasts. Also, it allows volunteer ambulance companies to display signs advertising bingo events as is now the case for volunteer fire companies. When this law was first enacted in 1967, ambulance corps were generally associated with a fire company. Since then, the free standing volunteer ambulance company is more common so this provision was amended to include such free standing ambulance squads. Bingo Reforms: Section 12: Amends General Municipal Law section 476 to update definitions that are used in Article 14-H that govern the regulation of bingo games. Among the definitions that are modified are the inclusion of the term "auxiliary member". This definition is currently included in the law, but is buried in the body of the General. Municipal Law. This provision slightly increases the number of times the game of bingo can occur. Section 13: Amends General Municipal Law section 479 to permit auxiliary members of a charitable organization to participate in the management and operation of such games. This provision was added to reflect the current problem that charitable organizations are facing in securing volunteers to manage and conduct bingo games. Section 14: Amends General Municipal Law section 481 to update provisions related to slightly increasing the number of times that bingo Can be played during the day and consecutive days. Section 15: Amends General Municipal Law section 483 to correct a misspelled word. Section 16: Amends General Municipal Law section 485 to change the default on conducting bingo games on Sunday from being prohibited unless authorized by the local municipality to being permitted unless the local municipality opts to prohibit such games on Sunday. Section 17: Amends General Municipal Law section 486 to permit those who are 16 to 18 years old, who are members or auxiliary members of the sponsoring charitable organization, to help conduct games of bingo as long as they are accompanied by an adult. Under current law, children can participate in bingo games as long as they are accompanied by an adult. This bill will increase the pool of volunteers that could help to conduct bingo games, provide assistance at the snack stand and handout bingo cards. Since 1957, the world has changed. With the expanded used of the internet, internet gambling, and questionable material that is readily available to children on the internet, it seems outdated that teenagers between the ages of 16 and 18 are prohibited from assisting their parents or other adults in passing out bingo cards to game participants. In today's society, there are probably much worse things that a teenager could be doing than helping a charitable organization conduct a bingo game in a church basement, firehouse, or fraternal lodge. Section 18: Amends General Municipal Law section 487 to increase the frequency at which bingo games can be conducted from 18 to 27 days in any three successive calendar months. Section 19: Amends General Municipal Law section 488 to reformat this section so that the definition of auxiliary member of a charitable organization is contained not in this section, but shifted to the definitions section contained in bill section thirteen. Section 20: Amends General Municipal Law section 490 to modernize the types of advertising that can be done to promote bingo game nights. It permits the use of emails and government access television broadcasts. Also, it allows volunteer ambulance companies to display signs advertising bingo events as is now the case for volunteer fire companies. When this law was first enacted in 1957, ambulance corps were generally associated with a fire company. Since then, the free standing volunteer ambulance company is more common so this provision was amended to include such free standing ambulance squads. Section 21: Amends General Municipal Law section 491 to extend from 7 days to 10 days in which file municipal reports on gross receipts from bingo games. Since these reports are prepared and filed by charitable organization volunteers, this extension ill the time period will in effect give them not just one, but two full weekends to prepare and file reports on gross receipts. Section 22: Effective Date. JUSTIFICATION: The conduct of games of chance raises substantial funds to support the charitable purposes of those organization that conduct such games. However, the total amount wagered and more importantly the profit that has been retained by these charitable organizations has been steadily declining. In 2000, total games of chance handle generated in New York was $323,330,000, however in 2010 that total handle declined by approximately $81,000,000 to a total of $242,600,000. More importantly, the profits generated by these games declined substantially from $53,750,000 in 2000 to $46,530,000 in 2010. That is an annual reduction in support for New York's charitable organizations of $7,220,000. As with games of chance, the conduct of bingo.games, in the past, has raised substantial revenue to support the charitable purposes of those organizations that conduct such games. However, the total amount wagered and more importantly the profit that is retained by these charitable organizations has been steadily declining. In 2000, total bingo handle generated in New York was $178,011,000, however in 2010 that total handle declined by $104,000,000 to a total of $74,000,000. More importantly, the profits generated by bingo games has imploded from $38,047,000 in 2000 to $10,800,000 in 2010. That is an annual reduction in support for New York's charitable organizations of $27,200,000. There are many reasons for this reduction in revenue generated to support charitable organizations. The most important is the reduced number and pool of volunteers available to conduct and manage such games. This bill addresses this by allowing teenagers over the age of 16, who are members or auxiliary members of such charitable organization, to assist other adults in conducting the games, handing out bingo cards, operating the snack bar, and performing other tasks. Second, the means of advertising bingo games needs to be modernized to include those forms of communication that are more commonly used now, i.e. the internet. Another reason to encourage the financial viability of charitable gaming is that it is an inexpensive night out and social event for many members of the community, including senior citizens, members of charitable or fraternal organizations, school groups, and their friends, neighbors and families. In these difficult economic times, it is important to retain social venues in which members of a community can gather to participate in a regularly scheduled, but reasonably priced, event. The cost to participate in games such as bingo is minimal, but for many, it is a regularly scheduled community event that all can participate in. LEGISLATIVE HISTORY: 2012 - S. 7104, Racing & Wagering committee FISCAL IMPLICATIONS: None. EFFECTIVE DATE: January first after such act shall have become law.
2013-S2440 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2440 2013-2014 Regular Sessions I N S E N A T E January 17, 2013 ___________ Introduced by Sens. KLEIN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wagering AN ACT to amend the general municipal law, in relation to the conducting of games of chance and bingo by certain organizations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4 and 14 of section 186 of the general munici- pal law, subdivision 4 as amended by chapter 574 of the laws of 1978 and subdivision 14 as amended by chapter 531 of the laws of 2011, are amended and a new subdivision 4-a is added to read as follows: 4. "Authorized organization" shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans [or], volunteer [firemen] FIREFIGHTERS OR VOLUNTEER AMBULANCE WORKERS, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in this article, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this article for a period of three years [immediatley] IMMEDIATELY prior to applying for a license under this article. No organization shall be deemed an authorized organization which is formed primarily for the purpose of conducting games of chance and which does not devote at least seventy-five percent of its activities to other than conducting games of chance. No political party shall be deemed an authorized organization. 4-A. "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA- TION OR ASSOCIATION WHICH IS AUXILIARY TO AN AUTHORIZED ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA- TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00917-01-3
S. 2440 2 ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN- IZATION OR ASSOCIATION WHICH IS AFFILIATED WITH AN AUTHORIZED ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL- IARY TO ANOTHER ORGANIZATION OR ASSOCIATION. 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] TEN 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. S 2. Subdivisions 5, 6, 8 and 10 of section 189 of the general munici- pal law, subdivisions 5 and 8 as amended by chapter 455 of the laws of 2012, subdivision 6 as amended by chapter 302 of the laws of 2010 and subdivision 10 as amended by chapter 574 of the laws of 1978, are amended to read as follows: 5. No single prize awarded by games of chance other than raffle shall exceed the sum or value of [three] FOUR hundred dollars, except that for merchandise wheels, no single prize shall exceed the sum or value of [two] THREE 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. 6. No authorized organization shall award a series of prizes consist- ing of cash or of merchandise with an aggregate value in excess of ten thousand dollars during the successive operations of any one merchandise wheel, [and three thousand dollars during the successive operations of any] bell jar, coin board, or merchandise board. No series of prizes awarded by raffle shall have an aggregate value in excess of five hundred thousand dollars. For coin boards and merchandise boards, the value of a prize shall be determined by its cost to the authorized organization or, if donated, its fair market value. 8. Except for merchandise wheels and raffles, no series of prizes on any one occasion shall aggregate more than [four] FIVE 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, no series of prizes on any one occasion shall aggregate more than five hundred dollars when the licensed author- ized organization conducts less than five single types of games of chance, exclusive of merchandise wheels, raffles and bell jars, during any one license period. No authorized organization shall award by raffle S. 2440 3 prizes with an aggregate value in excess of two million dollars during any one license period. 10. No person except a bona fide member of the licensed authorized organization OR AN AUXILIARY MEMBER OF SUCH ORGANIZATION shall partic- ipate in the management of such games[; no person except a bona fide member of the licensed authorized organization, its auxiliary or affil- iated organization, shall participate in the operation of such game, as set forth in section one hundred ninety-five-c of this article]. S 3. Paragraph (b) of subdivision 1 of section 190 of the general municipal law, as amended by chapter 574 of the laws of 1978, is amended to read as follows: (b) In each application there shall be designated not less than [four] THREE bona fide members of the applicant organization under whom the game or games of chance will be managed and to the application shall be appended a statement executed by the members so designated, that they will be responsible for the management of such games in accordance with the terms of the license, the rules and regulations of the board, this article and the applicable local laws or ordinances. S 4. Paragraph (a) of subdivision 2 of section 190-a of the general municipal law, as amended by chapter 400 of the laws of 2005, is amended to read as follows: (a) For the purposes of this section, "authorized organization" shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans [or], volunteer [firefighter] FIREFIGHTERS OR VOLUNTEER AMBULANCE WORKERS, which by its charter, certificate of incor- poration, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in this article, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this article for a period of three years immediately prior to being granted the filing requirement exemption contained in subdivision one of this section. S 5. Subdivision 3 of section 190-a of the general municipal law, as added by chapter 400 of the laws of 2005, is amended to read as follows: 3. No person under the age of eighteen shall be permitted to play, operate or assist in any raffle conducted pursuant to this section; PROVIDED, HOWEVER, A MEMBER OR AUXILIARY MEMBER OVER THE AGE OF SIXTEEN YEARS, BUT UNDER THE AGE OF EIGHTEEN YEARS, SHALL BE PERMITTED TO ASSIST IN ANY RAFFLE CONDUCTED PURSUANT TO THIS SECTION, IF ACCOMPANIED BY AN ADULT. S 6. Subdivision 3 of section 194 of the general municipal law, as amended by chapter 550 of the laws of 1994, is amended to read as follows: 3. [Service of alcoholic beverages.] Subject to the applicable provisions of the alcoholic beverage control law, beer AND WINE may be offered for sale during the conduct of games of chance on games of chance premises as such premises are defined in subdivision nineteen of section one hundred eighty-six of this article; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance prem- ises or the sale of any other alcoholic beverage in premises where only the games of chance known as bell jar or raffles are conducted. S 7. Section 195 of the general municipal law, as amended by chapter 461 of the laws of 2003, is amended to read as follows: S. 2440 4 S 195. Sunday; conduct of games on. Except as provided in section one hundred ninety-five-b of this article, [no] games of chance [shall] MAY be conducted under any license issued under this article on the first day of the week, commonly known and designated as Sunday, unless it shall be otherwise provided in the license issued for the conducting thereof, pursuant to the provisions of a local law or an ordinance duly adopted by the governing body of the municipality wherein the license is issued, [authorizing] PROHIBITING the conduct of games of chance under this article on that day [only between the hours of noon and midnight]. Notwithstanding the foregoing provisions of this section no games of chance shall be conducted on Easter Sunday or Christmas Day. S 8. Section 195-a of the general municipal law, as amended by chapter 574 of the laws of 1978, is amended to read as follows: S 195-a. Participation by persons under eighteen. No person under the age of eighteen years shall be permitted to play any game or games of chance conducted pursuant to any license issued under this article. Persons under the age of eighteen years may be permitted to attend games of chance at the discretion of the games of chance licensee. No person under the age of eighteen years shall be permitted to operate any game of chance conducted pursuant to any license issued under this article or to assist therein; PROVIDED, HOWEVER, THAT A MEMBER OR AUXILIARY MEMBER WHO IS UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED TO ASSIST IN THE OPERATION OF ANY GAME OF CHANCE IF ACCOMPANIED BY AN ADULT. S 9. Section 195-b of the general municipal law, as amended by chapter 252 of the laws of 1998, is amended to read as follows: S 195-b. Frequency of games. No game or games of chance, shall be conducted under any license issued under this article more often than [twelve] EIGHTEEN times in any calendar year. No particular premises shall be used for the conduct of games of chance on more than twenty- four license periods during any one calendar year. Games shall be conducted only between the hours of noon and midnight on SUNDAY, Monday, Tuesday, Wednesday and Thursday, and only between the hours of noon on Friday and two A.M. Saturday, and only between the hours of noon on Saturday and two A.M. Sunday. The two A.M. closing period shall also apply to a legal holiday. The above restrictions shall not apply when only the games of chance known as bell jar and/or raffle are conducted. S 10. Section 195-c of the general municipal law, as amended by chap- ter 252 of the laws of 1998, is amended to read as follows: S 195-c. [1.] Persons operating games; equipment; expenses; compen- sation. 1. No person shall operate any game of chance under any license issued under this article except a bona fide member OR AUXILIARY MEMBER of the authorized organization to which the license is issued[, or a bona fide member of an organization or association which is an auxiliary to the licensee or a bona fide member of an organization or association of which such licensee is an auxiliary or a bona fide member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association]. Noth- ing herein shall be construed to limit the number of games of chance licensees for whom such persons may operate games of chance nor to prevent non-members from assisting the licensee in any activity other than managing or operating games. No game of chance shall be conducted with any equipment except such as shall be owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee. However, in no event shall bell jar tickets be transferred from one authorized organization to another, S. 2440 5 with or without payment of any compensation thereof. The head or heads of the authorized organization shall upon request certify, under oath, that the persons operating any game of chance are bona fide OR AUXILIARY members of such authorized organization, auxiliary or affiliated organ- ization. Upon request by an officer or the department any such person involved in such games of chance shall certify that he or she has no criminal record. No items of expense shall be incurred or paid in connection with the conducting of any game of chance pursuant to any license issued under this article except those that are reasonable and are necessarily expended for games of chance supplies and equipment, prizes, security personnel, stated rental if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the board, janitorial services and utility supplies if any, and license fees, and the cost of bus transportation, if authorized by such clerk or department. No commission, salary, compensation[,] OR reward [or recompense] shall be paid or given to any person for the sale or assisting with the sale of raffle tickets. 2. For the purpose of the sale of tickets for the game of raffle, the term "operate" shall not include the sale of such tickets by persons of lineal or collateral consanguinity to members of an authorized organiza- tion licensed to conduct a raffle. S 11. Section 195-e of the general municipal law, as amended by chap- ter 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, ELECTRONIC MAIL, ELECTRONIC COMMUNICATIONS AND GOVERNMENT ACCESS TELEVISION BROADCASTS, 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. Additional signs may be displayed upon any fire fighting equipment belonging to any licensed authorized organization which is a volunteer fire company, or upon any equipment of a first aid or rescue squad, OR VOLUNTEER AMBULANCE COMPANY in and throughout the community served by such volunteer fire company or such first aid or rescue squad, OR VOLUNTEER AMBULANCE COMPANY, as the case may be. All advertisements shall be limited to the description of such event as "Games of chance" or "Las Vegas Night", the name of the authorized organization conducting such games, the license number of the authorized organization as assigned by the clerk or department and the date, location and time of the event. S 12. Subdivisions 10 and 11-a of section 476 of the general municipal law, subdivision 10 as amended by chapter 364 of the laws of 1968 and subdivision 11-a as added by chapter 160 of the laws of 1994, are amended and a new subdivision 4-a is added to read as follows: 4-A. "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA- TION OR ASSOCIATION WHICH IS AUXILIARY TO AN AUTHORIZED ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA- TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU- ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN- IZATION OR ASSOCIATION WHICH IS AFFILIATED WITH AN AUTHORIZED ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL- IARY TO ANOTHER ORGANIZATION OR ASSOCIATION. S. 2440 6 10. "Limited period bingo" shall mean the conduct of bingo by a licensed authorized organization, for a period of not more than [seven] TEN of [twelve] FOURTEEN consecutive days in any one year, at a festival, bazaar, carnival or similar function conducted by such licensed authorized organization. No authorized organization licensed to conduct limited period bingo shall be otherwise eligible to conduct bingo pursuant to this article in the same year. 11-a. "Early bird" shall mean a bingo game which is played as a special game, conducted not more than [twice] THREE TIMES during a bingo occasion, in which prizes are awarded based upon a percentage not to exceed seventy-five percent of the sum of money received from the sale of the early bird cards and which is neither subject to the prize limits imposed by subdivisions five and six of section four hundred seventy- nine and paragraph (a) of subdivision one of section four hundred eight- y-one, nor the special game opportunity charge limit imposed by section four hundred eighty-nine of this article. The percentage shall be speci- fied both in the application for bingo license and the license. Not more than [one dollar] TWO DOLLARS shall be charged per card with the total amount collected from the sale of the early bird cards and the prize for each game to be announced before the commencement of each game. S 13. Subdivisions 3 and 7 of section 479 of the general municipal law, subdivision 3 as amended by chapter 337 of the laws of 1998 and subdivision 7 as amended by chapter 814 of the laws of 1964, are amended to read as follows: 3. No authorized organization licensed under the provisions of this article shall purchase, lease, or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under [the bingo control law] ARTI- CLE NINETEEN-B OF THE EXECUTIVE LAW or from another authorized organiza- tion. 7. No person except a bona fide member OR AUXILIARY MEMBER of any such organization shall participate in the management or operation of such game. S 14. Subdivision 3 of section 481 of the general municipal law, as amended by chapter 284 of the laws of 1969, is amended to read as follows: 3. No license shall be issued under this article which shall be effec- tive for a period of more than one year. In the case of limited period bingo, no license shall be issued authorizing the conduct of such games on more than [two] THREE occasions in any one day nor shall any license be issued under this article which shall be effective for a period of more than [seven] TEN of [twelve] FOURTEEN consecutive days in any one year. No license for the conduct of limited period bingo shall be issued in cities having a population of one million or more. S 15. Subdivision 1 of section 483 of the general municipal law, as amended by chapter 438 of the laws of 1962, is amended to read as follows: 1. [Eeach] EACH license to conduct bingo shall be in such form as shall be prescribed in the rules and regulations promulgated by the control commission, and shall contain a statement of the name and address of the licensee, of the names and addresses of the member or members of the licensee under whom the games will be conducted, of the place or places where and the date or dates and time or times when such games are to be conducted and of the specific purposes to which the entire net proceeds of such games are to be devoted; if any prize or prizes are to be offered and given in cash, a statement of the amounts S. 2440 7 of the prizes authorized so to be offered and given; and any other information which may be required by said rules and regulations to be contained therein, and each license issued for the conduct of any game shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof. S 16. Section 485 of the general municipal law, as amended by chapter 438 of the laws of 1962, is amended to read as follows: S 485. Sunday; conduct of games on. [No games] GAMES of bingo [shall] MAY be conducted under any license issued under this article on the first day of the week, commonly known as [designated as] Sunday, unless it shall be otherwise provided in the license issued for the holding, operating and conducting thereof, pursuant to the provisions of a local law or an ordinance duly adopted by the governing body of the munici- pality issuing the license, [authorizing] PROHIBITING the conduct of bingo under this article on that day. S 17. Section 486 of the general municipal law, as amended by chapter 438 of the laws of 1962, is amended to read as follows: S 486. Participation by persons under eighteen. No person under the age of eighteen years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this article unless accompanied by an adult. No person under the age of eighteen years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this article; PROVIDED, HOWEVER, THAT A MEMBER OR AUXILIARY MEMBER WHO IS UNDER THE AGE OF EIGH- TEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED TO ASSIST IN THE CONDUCT OF ANY GAME OF BINGO IF ACCOMPANIED BY AN ADULT. S 18. Section 487 of the general municipal law, as amended by chapter 72 of the laws of 1982, is amended to read as follows: S 487. Frequency of game; sale of alcoholic beverages. No game or games of bingo, except limited period bingo, shall be conducted under any license issued under this article more often than on [eighteen] TWENTY-SEVEN days in any three successive calendar months. No game or games of limited period bingo shall be conducted between the hours of twelve midnight postmeridian and noon, and no more than sixty games may be conducted on any single occasion of limited period bingo. No game or games of bingo shall be conducted in any room or outdoor area where alcoholic beverages are sold, served or consumed during the progress of the game or games. S 19. Subdivision 1 of section 488 of the general municipal law, as amended by chapter 337 of the laws of 1998, is amended to read as follows: 1. No person shall hold, operate or conduct any game of bingo under any license issued under this article except a bona fide member OR AUXILIARY MEMBER of the authorized organization to which the license is issued[, and]. FURTHERMORE, no person shall assist in the holding, oper- ating or conducting of any game of bingo under such license except such a bona fide member or [a bona fide] AUXILIARY member [of an organization or association which is an auxiliary to the licensee or a bona fide member of an organization or association of which such licensee is an auxiliary or a bona fide member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association and except bookkeepers or accountants as hereinafter provided]. Provided, however, any person may assist the licensed organization in any activity related to the game of bingo which does not actually involve the holding, conducting, managing or operating S. 2440 8 of such game of bingo. No game of bingo shall be conducted with any equipment except such as shall be owned absolutely or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee. Lease terms and conditions shall be subject to rules and regulations promulgated by the board. This arti- cle shall not be construed to authorize or permit an authorized organ- ization to engage in the business of leasing bingo supplies or equip- ment. No items of expense shall be incurred or paid in connection with the conducting of any game of bingo pursuant to any license issued under this article, except those that are reasonable and are necessarily expended for bingo supplies and equipment, prizes, stated rental if any, bookkeeping or accounting services according to a schedule of compen- sation prescribed by the commission, janitorial services and utility supplies if any, and license fees, and the cost of bus transportation, if authorized by the control commission. S 20. Section 490 of the general municipal law, as amended by chapter 99 of the laws of 1988, is amended to read as follows: S 490. Advertising of bingo games. A licensee may advertise the conduct of an occasion of bingo to the general public by means of news- paper, radio, circular, handbill [and], poster, ELECTRONIC MAIL, ELEC- TRONIC COMMUNICATIONS AND GOVERNMENT ACCESS TELEVISION BROADCASTS, 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 bingo occasions on the premises of another licensed authorized organiza- tion or of a licensed commercial lessor, one additional such sign may be displayed on or adjacent to the premises in which the occasions are to be conducted. Additional signs may be displayed upon any firefighting equipment belonging to any licensed authorized organization which is a volunteer fire company, or upon any equipment of a first aid or rescue squad, OR VOLUNTEER AMBULANCE COMPANY in and throughout the community served by such volunteer fire company or such first aid or rescue squad, OR VOLUNTEER AMBULANCE COMPANY, as the case may be. All advertisements shall be limited to the description of such event as "bingo", the name of the licensed authorized organization conducting such occasions, the license number of the authorized organization as assigned by the clerk and the date, location and time of the bingo occasion. S 21. Subdivision 1 of section 491 of the general municipal law, as amended by chapter 667 of the laws of 1980, is amended to read as follows: 1. Within [seven] TEN days after the conclusion of any occasion of bingo, the authorized organization which conducted the same, and its members who were in charge thereof, and when applicable the authorized organization which rented its premises therefor, shall each furnish to the clerk of the municipality a statement subscribed by the member in charge and affirmed by him OR HER as true, under the penalties of perju- ry, showing the amount of the gross receipts derived therefrom and each item of expense incurred, or paid, and each item of expenditure made or to be made, the name and address of each person to whom each such item has been paid, or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from such game or rental, as the case may be, and the use to which such proceeds have been or are to be applied and a list of prizes offered and given, with the respective values thereof, and it shall be the duty of each licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each such S. 2440 9 statement and within fifteen days after the end of each calendar quarter during which there has been any occasion of bingo, a summary statement of such information, in form prescribed by the state, shall be furnished in the same manner to the [state racing and wagering] board. S 22. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.
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