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CONTESTANTS' PLACEMENT AND RANK IN A TOURNAMENT, AND THE FINAL WINNER OR
WINNERS THEREIN. NO CHARITY POKER TOURNAMENT APPROVED BY THE BOARD SHALL
AUTHORIZE THE WAGERING OF MONEY BY ONE PLAYER AGAINST ANOTHER PLAYER.
ALL CHARITY POKER TOURNAMENT GAMES SHALL BE DEALT BY A LICENSED BONA
FIDE MEMBER OF AN AUTHORIZED ORGANIZATION LICENSED TO CONDUCT THAT CHAR-
ITY POKER TOURNAMENT OCCASION.
S 3. Subdivision 14 of section 186 of the general municipal law, as
amended by chapter 637 of the laws of 1999, 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, coin board, or merchan-
dise 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 succes-
sive operations of such game are conducted. FOR THE PURPOSES OF THE
GAME KNOWN AS CHARITY POKER TOURNAMENT, "ONE OCCASION" SHALL MEAN THE
CONDUCT OF A SINGLE LICENSE PERIOD, THE DAYS, HOURS AND FREQUENCY OF
WHICH ARE PRESCRIBED IN SECTION ONE HUNDRED NINETY-FIVE-B OF THIS ARTI-
CLE.
S 4. Subdivision 5 of section 189 of the general municipal law, as
amended by chapter 337 of the laws of 1998, is 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 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 fifty thousand dollars, except that an authorized
organization may award by raffle a single prize having a value of up to
and including one hundred thousand dollars if its application for a
license filed pursuant to section one hundred ninety of this article
includes a statement of its intent to award a prize having such value.
NO SINGLE PRIZE IN A CHARITY POKER TOURNAMENT SHALL EXCEED TWO 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 ticket or other receipt. For coin boards and merchandise
boards, the value of a prize shall be determined by its costs to the
authorized organization or, if donated, its fair market value. NO
AUTHORIZED ORGANIZATION SHALL AWARD A SERIES OF PRIZES CONSISTING 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 ONE HUNDRED THOUSAND
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DOLLARS. NO SERIES OF PRIZES AWARDED DURING A CHARITY POKER TOURNAMENT
OCCASION SHALL EXCEED FOUR THOUSAND DOLLARS.
S 5. Subdivisions 8 and 13 of section 189 of the general municipal
law, subdivision 8 as amended by chapter 550 of the laws of 1994 and
subdivision 13 as amended by chapter 252 of the laws of 1998, are
amended to read as follows:
8. Except for merchandise wheels [and], raffles AND CHARITY 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, 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 CHARITY POKER TOURNAMENTS, during any one
license period. No authorized organization shall award by raffle prizes
with an aggregate value in excess of one hundred thousand dollars during
any one license period.
13. No game of chance shall be conducted on other than the premises of
an authorized organization, A LICENSED CHARITY POKER TOURNAMENT LESSOR,
or an authorized games of chance lessor. Nothing herein shall prohibit
the sale of raffle tickets to the public outside the premises of an
authorized organization or an authorized games of chance lessor; or in
municipalities which have passed a local law, ordinance or resolution in
accordance with sections one hundred eighty-seven and one hundred eight-
y-eight of this article approving the conduct of games of chance that
are located in the county in which the municipality issuing the license
is located and in the counties which are contiguous to the county in
which the municipality issuing the raffle license is located, provided
those municipalities have authorized the licensee, in writing, to sell
such raffle tickets therein and provided, however, that no sale of
raffle tickets shall be made more than one hundred eighty days prior to
the date scheduled for the occasion at which the raffle will be
conducted. The winner of any single prize in a raffle shall not be
required to be present at the time such raffle is conducted.
S 6. Subdivision 2 of section 190 of the general municipal law, as
amended by chapter 574 of the laws of 1978, is amended to read as
follows:
2. Authorized games of chance lessor AND CHARITY POKER TOURNAMENT
LESSOR: Each applicant for a license to lease premises to a licensed
organization for the purposes of conducting games of chance OR A CHARITY
POKER TOURNAMENT therein shall file with the clerk or department, a
written application therefor in a form to be prescribed by the board
duly executed and verified, which shall set forth the name and address
of the applicant; designation and address of the premises intended to be
covered by the license sought; a statement that the applicant in all
respects conforms with the specifications contained in the definition of
"authorized organization" set forth in section one hundred eighty-six of
this article; a statement of the lawful purposes to which the net
proceeds from any rental are to be devoted by the applicant, and such
other information as shall be prescribed by the board.
S 7. Paragraphs (a) and (b) of subdivision 1 of section 191 of the
general municipal law, as amended by chapter 574 of the laws of 1978,
are amended to read as follows:
(a) Issuance of licenses to conduct games of chance. If such clerk or
department shall determine that the applicant is duly qualified to be
A. 8832 4
licensed to conduct games of chance under this article; that the member
or members of the applicant designated in the application to manage
games of chance are bona fide active members of the applicant and are
persons of good moral character and have never been convicted of a
crime, or, if convicted, have received a pardon, a certificate of good
conduct or a certificate of relief from disabilities; that such games
are to be conducted in accordance with the provisions of this article
and in accordance with the rules and regulations of the board and appli-
cable local laws or ordinances and that the proceeds thereof are to be
disposed of as provided by this article, and if such clerk or department
is satisfied that no commission, salary, compensation, reward or recom-
pense whatever will be paid or given to any person managing, operating
or assisting therein except as in this article otherwise provided; it
shall issue a license to the applicant for the conduct of games of
chance upon payment of a license fee of twenty-five dollars for each
license period; OR UPON PAYMENT OF A LICENSE FEE OF ONE HUNDRED DOLLARS
FOR EACH LICENSE PERIOD, IT SHALL ISSUE A LICENSE TO THE APPLICANT TO
CONDUCT A CHARITY POKER TOURNAMENT.
(b) Issuance of licenses to authorized games of chance lessors AND
CHARITY POKER TOURNAMENT LESSORS. If such clerk or department shall
determine that the applicant seeking to lease premises for the conduct
of games of chance OR A CHARITY POKER TOURNAMENT to a games of chance
licensee is duly qualified to be licensed under this article; that the
applicant satisfies the requirements for an authorized organization as
defined in section one hundred eighty-six of this article; that the
applicant has filed its proposed rent for each license period and that
the clerk or department has approved the proposed rent as fair and
reasonable; that the net proceeds from any rental will be devoted to the
lawful purposes of the applicant; that there is no diversion of the
funds of the proposed lessee from the lawful purposes as defined in this
article; and that such leasing of premises for the conduct of such games
is to be in accordance with the provisions of this article, with the
rules and regulations of the board and applicable local laws and ordi-
nances, it shall issue a license permitting the applicant to lease said
premises for the conduct of such games to the games of chance licensee
or licensees specified in the application during the period therein
specified or such shorter period as such clerk or department shall
determine, but not to exceed twelve license periods during a calendar
year, upon payment of a license fee of fifty dollars. IN THE CASE OF
CHARITY POKER TOURNAMENT LESSORS, THE LICENSE FEE SHALL BE TWO HUNDRED
DOLLARS PER LICENSE. Nothing herein shall be construed to require the
applicant to be licensed under this article to conduct games of chance.
S 8. 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 may be offered
for sale during the conduct of LICENSED games of chance AND CHARITY
POKER TOURNAMENTS on LICENSED 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 premises or the sale of any other alco-
holic beverage in premises where only the games of chance known as bell
jar or raffles are conducted.
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S 9. Subdivision 2 of section 191 of the general municipal law, as
amended by chapter 574 of the laws of 1978, is amended to read as
follows:
2. On or before the thirtieth day of each month, the treasurer of the
municipality in which the licensed property is located shall transmit to
the state comptroller a sum equal to fifty percent of all authorized
games of chance lessor [license fees and] LICENSES AND CHARITY POKER
TOURNAMENT LESSOR LICENSES, the sum of fifteen dollars per license peri-
od for the conduct of games of chance, AND THE SUM OF SIXTY DOLLARS PER
LICENSE PERIOD FOR THE CONDUCT OF EACH CHARITY POKER TOURNAMENT
collected by such clerk or department pursuant to this section during
the preceding calendar month.
S 10. Section 195-d of the general municipal law, as amended by chap-
ter 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. IN THE CASE OF CHARITY POKER TOURNAMENTS, NOT MORE THAN FIFTY
DOLLARS SHALL BE CHARGED AS AN ADMISSION FEE ENTITLING A PERSON TO ENTER
A CHARITY POKER TOURNAMENT, WHICH SHALL BE RETAINED BY THE LICENSED
AUTHORIZED ORGANIZATION AS PROFIT; NOT MORE THAN FIFTY DOLLARS SHALL BE
CHARGED FOR A BUY-IN, WHICH, IN ITS ENTIRETY, SHALL BE APPLIED TO THE
CHARITY POKER TOURNAMENT PRIZE POOL AND SHALL ENTITLE A PERSON FIRST
PAYING AN ADMISSION FEE TO A SPECIFIED NUMBER OF NON-VALUE CHARITY POKER
TOURNAMENT CHIPS; AND NOT MORE THAN TWO ADDITIONAL BUY-INS, EACH OF
WHICH SHALL NOT EXCEED TEN DOLLARS, SHALL BE CHARGED TO ENTITLE A PERSON
FIRST PAYING AN ADMISSION FEE AND AN INITIAL BUY-IN TO PURCHASE ADDI-
TIONAL CHARITY POKER TOURNAMENT CHIPS. ALL PROCEEDS DERIVED FROM ADDI-
TIONAL BUY-INS SHALL BE RETAINED BY THE LICENSED AUTHORIZED ORGANIZATION
AS PROFIT. 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 11. The section heading and subdivisions 1, 2, 3, 4, and 5 of
section 195-o of the general municipal law, the section heading and
subdivisions 2, 3, and 4 as added by chapter 309 of the laws of 1996 and
subdivisions 1 and 5 as amended by chapter 637 of the laws of 1999, are
amended and a new subdivision 1-b is added to read as follows:
Distributor of bell jars AND CHARITY POKER TOURNAMENT EQUIPMENT;
reports and records. 1. Distribution; distributors. Any distributor
licensed in accordance with section one hundred eighty-nine-a of this
article to distribute bell jar tickets shall purchase bell jar tickets
only from licensed manufacturers and may manufacture coin boards and
merchandise boards only as authorized in subdivision one-a of this
section. Licensed distributors of bell jar tickets shall sell such tick-
ets only to [not-for-profit, charitable or religious organizations
registered by the board] LICENSED AUTHORIZED ORGANIZATIONS. LICENSED
DISTRIBUTORS OF CHARITY POKER TOURNAMENT EQUIPMENT SHALL SELL OR LEASE
CHARITY POKER TOURNAMENT EQUIPMENT ONLY TO DISTRIBUTORS LICENSED BY THE
BOARD OR AUTHORIZED ORGANIZATION LICENSED TO CONDUCT CHARITY POKER TOUR-
NAMENTS. Any licensed distributor who willfully violates the provisions
of this section shall: (a) upon such first offense, have their license
suspended for a period of thirty days; (b) upon such second offense,
participate in a hearing to be conducted by the board, and surrender
A. 8832 6
their license for such period as recommended by the board; and (c) 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 unli-
censed distributor who violates this section shall be guilty of a class
E felony.
1-B. CHARITY POKER TOURNAMENT EQUIPMENT. DISTRIBUTORS OF CHARITY POKER
TOURNAMENT EQUIPMENT SHALL MANUFACTURE, SELL, OR LEASE SUCH EQUIPMENT
ONLY IF SUCH EQUIPMENT IS APPROVED BY THE BOARD AND SHALL HAVE PERMA-
NENTLY AFFIXED TO IT AN IDENTIFICATION PLATE OR LABEL SETTING FORTH ALL
INFORMATION REQUIRED BY THE BOARD AND, IF REQUIRED BY THE BOARD, A BAR
CODE SETTING FORTH ALL INFORMATION THAT THE BOARD SHALL REQUIRE.
2. Business records. A distributor shall keep at each place of busi-
ness complete and accurate records for that place of business, including
itemized invoices of bell jar tickets held and purchased, AND ALL CHARI-
TY POKER TOURNAMENT EQUIPMENT SOLD OR LEASED. [The] IN THE CASE OF BELL
JAR TICKETS, COIN BOARD, SEAL CARD AND MERCHANDISE BOARDS, 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 on
hand, and other pertinent papers and documents relating to the purchase,
sale, or disposition of bell jar tickets as may be required by the
board. IN THE CASE OF CHARITY POKER EQUIPMENT, RECORDS MUST REFLECT THE
NAMES, ADDRESSES, BOARD IDENTIFICATION NUMBERS AND LICENSE NUMBERS OF
ALL PURCHASERS AND LESSEES, AND ALL OTHER INFORMATION 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. Sales records. A distributor shall maintain a record of all bell
jar tickets AND CHARITY POKER TOURNAMENT EQUIPMENT 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, BOARD-ISSUED IDENTIFICATION NUMBER and license
[or exempt permit] number of the AUTHORIZED organization or BOARD-LI-
CENSED DISTRIBUTOR, INCLUDING THE NAME OF THE 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;
(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)] (I) the name, form number, or other identifying information for
each game.
4. Invoices. A distributor shall supply with each sale of a bell jar
AND CHARITY POKER TOURNAMENT product an itemized invoice showing the
distributor's name and address, the purchaser's OR LESSEE'S name,
address, BOARD IDENTIFICATION NUMBER and license number, the date of the
sale OR LEASE, the account number identifying the sale from the manufac-
turer to distributor and the account number identifying the sale from
the distributor to the licensed organization, and the description of the
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deals, including the form number, the serial number and the ideal gross
from every deal of bell jar or similar game.
5. 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 AND ITS SALE OR LEASE OF ALL CHARITY POKER EQUIPMENT. 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 require that a distributor submit the quarterly report and
invoices required by this section via magnetic media or electronic data
transfer.
S 12. The section heading, the opening paragraph and subdivision 2 of
section 195-q of the general municipal law, the section heading and
subdivision 2 as added by chapter 309 of the laws of 1996 and the open-
ing paragraph as amended by chapter 337 of the laws of 1998, are amended
to read as follows:
Bell jar AND CHARITY POKER TOURNAMENT compliance and enforcement. In
the case of bell jars AND CHARITY POKER TOURNAMENTS, the licensee, upon
filing financial statements of bell jar AND CHARITY POKER TOURNAMENT
operations, shall also tender to the board a sum in the amount of five
percent of the net proceeds as defined in this paragraph, from the
CONDUCT OF CHARITY POKER TOURNAMENT AND THE sale of bell jar tickets,
seal cards, merchandise board, and coin boards, if any, for that portion
of license period covered by such statement. For the purposes of this
section, BELL JAR "net proceeds" shall mean the difference between the
ideal handle from the sale of bell jar tickets, seal cards, merchandise
boards, and coin boards less the amount of money paid out in prizes and
less the purchase price of the bell jar deal, seal card deal, merchan-
dise board deal, or coin board deal. Additionally, a credit shall be
permitted against the net proceeds fee tendered to the board for unsold
tickets of the bell jar deal as long as the unsold tickets have the same
serial number as the tickets for which the fee is rendered. Such unsold
tickets must be kept on file by the selling organization for inspection
by the board for a period of one year following the date upon which the
relevant financial statement was received by the board. FOR PURPOSES OF
THIS SECTION, CHARITY POKER TOURNAMENT "NET PROCEEDS" SHALL MEAN THE
DIFFERENCE BETWEEN THE MONEYS COLLECTED FROM ADMISSION FEES, PLUS
BUY-INS, IN EXCESS OF THE SPECIFIED POOL, IF ANY, LESS THE COST TO THE
LICENSED AUTHORIZED ORGANIZATION FOR THE LICENSE FEE, THE CHARITY POKER
TOURNAMENT EQUIPMENT RENTAL OR PURCHASE, THE ADDITIONAL LICENSE FEE, AND
THE GAMES OF CHANCE LESSOR RENTAL FEE, IF THE TOURNAMENT IS CONDUCTED ON
THE PREMISES OF A LICENSED CHARITY POKER TOURNAMENT LESSOR.
2. The racing and wagering board shall submit to the director of the
division of the budget an annual plan that details the amount of money
the racing and wagering board deems necessary to maintain operations,
compliance and enforcement of the provisions of this article and the
collection of the license fee authorized by this section. Contingent
upon the approval of the director of the division of the budget, the
racing and wagering board shall pay into an account, to be known as the
bell jar AND CHARITY POKER TOURNAMENT collection account, under the
joint custody of the comptroller and the board, the total amount of
license fees collected pursuant to this section. With the approval of
the director of the division of the budget, monies to be utilized to
maintain the operations necessary to enforce the provisions of this
article and the collection of the license fee imposed by this section
shall be paid out of such account on the audit and warrant of the comp-
troller on vouchers certified or approved by the director of the divi-
A. 8832 8
sion of the budget or his duly designated official. Those monies that
are not utilized to maintain operations necessary to enforce the
provisions of this article and the collection of the license fee author-
ized by this section shall be paid out of such amount on the audit and
warrant of the state comptroller and shall be credited to the general
fund.
S 13. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that the state
racing and wagering board may promulgate rules and regulations prior to
such date to implement this act.