NY State Senate Bill 2009-S7165

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2010	referred to racing, gaming and wagering

2009-S7165 (ACTIVE) - Details

See Assembly Version of this Bill:: A10859
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: General Municipal Law
Laws Affected:: Amd §§186, 195-n, 195-o & 195-p, Gen Muni L; amd §225.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3632
2013-2014: S2713

2009-S7165 (ACTIVE) - Summary

Relates to bell jar manufacture, sale and conduct.

2009-S7165 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7165

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

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

 SUMMARY OF PROVISIONS :
Section 1 of the bill would amend GML § 186(3-a) definition of bell
jars to require a board-approved legend.

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

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

Section 4 of the bill would amend GML § 195-p to require disposition

of bell jars held by an organization not maintaining continuity of
municipal licensing.

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

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

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

 LEGISLATIVE HISTORY :
This is a new bill.

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

The concept is not unique as several states such as Massachusetts and
Texas have adopted the requirement of a state-approved logo or symbol.
The proposal also makes amendments to clarify intent, conform language
throughout General Municipal Law Article 9-A and more efficiently
provide for a criminal sanction.

 BUDGET IMPLICATIONS :
None.

 EFFECTIVE DATE :
This bill would take effect January 1, 2011.

2009-S7165 (ACTIVE) - Bill Text download pdf

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

                                  7165

                            I N  S E N A T E

                             March 18, 2010
                               ___________

Introduced by Sen. ADAMS -- (at request of the New York State Racing and
  Wagering Board) -- 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 and the penal law, in relation
  to bell jar manufacture, sale and conduct

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

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

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

                                                           LBD15978-01-0

S. 7165                             2

days  of  receipt  of such [sample or] rendering OR COLOR PHOTOCOPY, the
board shall approve or deny such bell [jar  tickets]  JARS.    Following
approval  of  a rendering OR COLOR PHOTOCOPY of a bell jar [ticket, seal
card,  merchandise  board, or coin board] by the board, the manufacturer
shall submit to the board a sample of the printed bell jar [ticket, seal
card, merchandise board, coin board], payout card, and  flare  for  such
game.  [Such  sample shall be submitted prior to the sale of the game to
any licensed distributor for resale in this state.] WITHIN  THIRTY  DAYS
OF  RECEIPT,  THE  BOARD  SHALL  REVIEW  SAME  FOR  CONSISTENCY WITH THE
APPROVED RENDERING AND, IF APPROVED,  AUTHORIZE  MANUFACTURE.  For  coin
boards and merchandise boards, nothing herein shall require the [submit-
tal] SUBMISSION of actual coins or merchandise as part of the [approval]
REVIEW process.
  (C)  SANCTION. Any licensed manufacturer who [willfully] INTENTIONALLY
violates the provisions of this section shall: [(a)] (I) upon such first
offense, have their license suspended for a period of thirty days; [(b)]
(II) upon such second offense, participate in a hearing to be  conducted
by the board, and surrender their license for such period as recommended
by  the  board;  and  [(c)] (III) upon such third or subsequent offense,
have their license suspended for a period of one year and shall be guil-
ty of a class E felony. [Any unlicensed manufacturer  who  violates  the
provisions of this section shall be guilty of a class E felony.]
  2.  Bar  codes. The manufacturer shall affix to the flare of each bell
jar game a bar code that provides  all  information  prescribed  by  the
board  and  shall require that the bar code include the serial number of
the game the flare describes. A manufacturer shall  also  affix  to  the
outside  of  the  container  or wrapping containing   a deal of bell jar
tickets a bar code providing all information prescribed by the board and
containing the same information as the bar code affixed  to  the  flare.
The board may also prescribe additional bar code requirements. No person
[may]  SHALL  alter  the  bar  code  that appears on the flare or on the
outside of the container or wrapping containing a deal of bell jar tick-
ets.  Possession of a deal of bell jar  tickets  that  has  a  bar  code
different  from  the  serial  number of the deal inside the container or
wrapping as evidenced on the flare is  prima  facie  evidence  that  the
possessor has altered the bar code on the container or wrapping.
  4.  Reports  of  sales. A manufacturer [who sells bell jar tickets for
resale in this state] shall file with the board, on a form prescribed by
the board, a report of all bell [jar tickets] JARS  sold  [to  distribu-
tors] OR SHIPPED in the state. The report shall be filed quarterly on or
before  the twentieth day of the month succeeding the end of the quarter
in which the sale was made. The  board  [may]  SHALL  require  that  the
report be submitted via magnetic media or electronic data transfer.
  S  3.  Section 195-o of the general municipal law, as added by chapter
309 of the laws of 1996 and subdivisions 1, 1-a  and  5  as  amended  by
chapter 637 of the laws of 1999, is amended to read as follows:
  S  195-o.  Distributor of bell jars; reports and records.  1. Distrib-
ution; distributors.  (A) GENERALLY. Any distributor licensed in accord-
ance with section one hundred eighty-nine-a of this article to  distrib-
ute  bell [jar tickets] JARS shall purchase bell [jar tickets] JARS only
from licensed manufacturers and may manufacture coin boards and merchan-
dise boards only as  authorized  in  subdivision  [one-a]  TWO  of  this
section.  Licensed  distributors  of  bell [jar tickets] JARS shall sell
such  [tickets]  only  to  [not-for-profit,  charitable  or   religious]
LICENSED AUTHORIZED organizations registered by the board.

S. 7165                             3

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

S. 7165                             4

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

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Senate Bill S7165

Sponsored By

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

2009-S7165 (ACTIVE) - Details

2009-S7165 (ACTIVE) - Summary

2009-S7165 (ACTIVE) - Sponsor Memo

2009-S7165 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7165

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

2009-S7165 (ACTIVE) - Details

2009-S7165 (ACTIVE) - Summary

2009-S7165 (ACTIVE) - Sponsor Memo

2009-S7165 (ACTIVE) - Bill Text download pdf

Comments