S T A T E O F N E W Y O R K
________________________________________________________________________
922
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
tee on Alcoholism and Drug Abuse
AN ACT to amend the alcoholic beverage control law and the general
municipal law, in relation to permitting social card games to be
played in certain establishments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 101-bb to read as follows:
S 101-BB. SOCIAL CARD GAME. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR
REGULATION TO THE CONTRARY, INCLUDING SECTION 225.05 OF THE PENAL LAW,
THE COMMON COUNCIL OR OTHER LOCAL LEGISLATIVE BODY OF ANY MUNICIPALITY
MAY, EITHER BY LOCAL LAW OR ORDINANCE, PROVIDE THAT IT SHALL BE LAWFUL
FOR ANY CHARITABLE AND/OR NOT-FOR-PROFIT ORGANIZATION LICENSED TO SELL
BEER, WINE OR LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES, TO
CONDUCT SOCIAL CARD GAMES ON THE PREMISES AND ADVERTISE SUCH EVENTS.
2. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(A) "CHARITABLE ORGANIZATION" SHALL MEAN ANY BENEVOLENT, PHILANTHROP-
IC, PATRIOTIC, OR ELEEMOSYNARY PERSON OR ONE PURPORTING TO BE SUCH.
(B) "NOT-FOR-PROFIT ORGANIZATION" SHALL MEAN AN ENTITY FORMED UNDER
THE NOT-FOR-PROFIT CORPORATION LAW.
(C) "SOCIAL CARD GAME" SHALL MEAN A TOURNAMENT CARD GAME THAT IS
PREDOMINATELY A GAME OF SKILL, PLAYED IN ACCORDANCE WITH THE HOUSE RULES
AS ESTABLISHED BY AN ORGANIZATION AUTHORIZED BY THE STATE RACING AND
WAGERING BOARD AND APPROVED BY THE STATE RACING AND WAGERING BOARD. THE
RULES SHALL BE POSTED AND DISTRIBUTED IN THE ESTABLISHMENT WHICH WILL
CONDUCT THE TOURNAMENT.
(D) "TOURNAMENT" SHALL MEAN SOCIAL CARD GAMES WHICH ARE CONDUCTED IN
ACCORDANCE WITH THE FOLLOWING REQUIREMENTS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01679-02-9
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(1) THE ADMISSION MAY BE FREE AND SHALL BE NO MORE THAN FIFTY DOLLARS
PER PERSON.
(2) THE GAME SHALL BE FULLY PLAYED OUT WITHIN TWENTY-FOUR HOURS OF
COMMENCEMENT OF THE GAME.
(3) THE WINNERS SHALL BE AWARDED THEIR PRIZES AT THE CONCLUSION OF THE
TOURNAMENT.
(4) PLAYERS SHALL NOT BET ANYTHING OF MONETARY VALUE ON A CARD, SERIES
OF CARDS, CARD GAME, OR SERIES OF CARD GAMES.
(5) PLAYERS MAY BE ISSUED CHIPS TO BE USED FOR PLAYING THE GAME AND TO
DETERMINE THE ULTIMATE WINNER OF EACH GAME, SERIES OF GAMES OR THE TOUR-
NAMENT.
(6) PRIZES SHALL BE AWARDED BASED ON THE BEST POKER HAND FOR EACH GAME
OR SERIES OF GAMES.
(7) A GRAND PRIZE MAY BE AWARDED TO THE BEST PLAYER OF THE TOURNAMENT.
(8) MERCHANDISE PRIZES MAY ALSO BE AWARDED.
(9) NO SINGLE PRIZE SHALL EXCEED FIVE HUNDRED DOLLARS AND NO SERIES OF
PRIZES SHALL EXCEED ONE THOUSAND DOLLARS FOR A SOCIAL CARD GAME OR TOUR-
NAMENT.
S 2. Subdivision 3 of section 186 of the general municipal law, as
amended by section 5 of part B of chapter 383 of the laws of 2001, 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",
"raffles", [and] "bell jars", AND "SOCIAL CARD GAMES" 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 including 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
three new subdivisions, 3-e, 3-f and 3-g to read as follows:
3-E. "SOCIAL CARD GAME" SHALL MEAN A TOURNAMENT CARD GAME THAT IS
PREDOMINANTLY A GAME OF SKILL, PLAYED IN ACCORDANCE WITH THE HOUSE RULES
AS ESTABLISHED BY AN ORGANIZATION AUTHORIZED BY THE BOARD AND APPROVED
BY THE BOARD. THE RULES SHALL BE POSTED AND DISTRIBUTED IN THE ESTAB-
LISHMENT WHICH WILL CONDUCT THE TOURNAMENT.
3-F. "CHARITABLE ORGANIZATION" SHALL MEAN ANY BENEVOLENT, PHILANTHROP-
IC, PATRIOTIC, OR ELEEMOSYNARY PERSON OR ONE PURPORTING TO BE SUCH.
3-G. "NOT-FOR-PROFIT ORGANIZATION" SHALL MEAN AN ENTITY FORMED UNDER
THE NOT-FOR-PROFIT CORPORATION LAW.
S 4. Subdivisions 5 and 6 of section 189 of the general municipal law,
as amended by chapter 337 of the laws of 1998, 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 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.
FOR A SOCIAL CARD GAME, NO SINGLE PRIZE SHALL EXCEED FIVE HUNDRED
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DOLLARS AND NO SERIES OF PRIZES SHALL EXCEED ONE 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 one hundred
thousand dollars. NO SERIES OF PRIZES AWARDED BY A SOCIAL CARD GAME
SHALL HAVE AN AGGREGATE VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS. For
coin boards and merchandise boards, the value of a prize shall be deter-
mined by its cost to the authorized organization or, if donated, its
fair market value.
S 5. Subdivision 8 of section 189 of the general municipal law, as
amended by chapter 550 of the laws of 1994, is amended to read as
follows:
8. Except for merchandise wheels [and], raffles, AND SOCIAL CARD
GAMES, 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, 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.
S 6. Section 189 of the general municipal law is amended by adding a
new subdivision 2-a to read as follows:
2-A. SOCIAL CARD GAMES SHALL BE PERMITTED ONLY TO CHARITABLE ORGANIZA-
TIONS AND/OR NOT-FOR-PROFIT ORGANIZATIONS, AS DEFINED IN SUBDIVISIONS
THREE-F AND THREE-G OF SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
S 7. 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 games of chance on games of chance prem-
ises 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 alcoholic beverage in premises where only the
games of chance known as bell jar [or], raffles, OR SOCIAL CARD GAMES,
OR ANY COMBINATION THEREOF, are conducted.
S 8. 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 times in any calendar year. No particular premises shall be used
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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 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, OR SOCIAL CARD GAMES, OR ANY COMBI-
NATION THEREOF, are conducted.
S 9. Section 195-f of the general municipal law is amended by adding a
new subdivision 5 to read as follows:
5. IN ADDITION TO ANY REPORTING REQUIREMENTS SET FORTH IN THIS
SECTION, THE FEE WHICH SHALL BE COLLECTED BY THE STATE OF NEW YORK FOR
EACH OCCASION OF SOCIAL CARD GAMES SHALL BE ONE HUNDRED DOLLARS.
S 10. The general municipal law is amended by adding a new section
195-qq to read as follows:
S 195-QQ. SOCIAL CARD GAMES COMPLIANCE AND ENFORCEMENT. IN THE CASE OF
SOCIAL CARD GAMES, THE BOARD SHALL PROMULGATE ALL RULES AND REGULATIONS
NECESSARY TO ENSURE THE PROPER CONDUCT OF THE GAME AND FAIR PLAY FOR ALL
PARTICIPANTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, REGULATIONS TO
ELIMINATE PLAYER COLLUSION.
S 11. 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.