Senate Bill S767B

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

                                   767

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  permitting social poker 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 POKER.   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 PERSON LICENSED TO SELL BEER,  WINE  OR  LIQUOR  AT  RETAIL  FOR
CONSUMPTION ON THE PREMISES, TO CONDUCT SOCIAL POKER ON THE PREMISES AND
ADVERTISE SUCH EVENTS.
  2.  AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A) "SOCIAL POKER" SHALL MEAN A TOURNAMENT CARD GAME THAT IS  PREDOMI-
NANTLY  A GAME OF SKILL, PLAYED IN ACCORDANCE WITH THE HOUSE RULES WHICH
SHALL BE ESTABLISHED PURSUANT TO "HOYLES RULES OF  POKER".    THE  RULES
SHALL  BE POSTED AND DISTRIBUTED IN THE ESTABLISHMENT WHICH WILL CONDUCT
THE TOURNAMENT.
  (B) "TOURNAMENT" SHALL MEAN SOCIAL POKER WHICH IS CONDUCTED IN ACCORD-
ANCE WITH THE FOLLOWING REQUIREMENTS:
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05140-01-9
              

S. 767                              2

  (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 POKER CHIPS TO BE USED FOR PLAYING THE GAME
AND TO DETERMINE THE ULTIMATE WINNER OF EACH GAME, SERIES  OF  GAMES  OR
THE TOURNAMENT.
  (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, SUCH AS APPLIANCES, ELEC-
TRONICS, GARDENING EQUIPMENT OR TICKETS  TO  ENTERTAINMENT  OR  SPORTING
EVENTS.
  (9)  THE  TOURNAMENT  DOES NOT PROVIDE ANY DIRECT FINANCIAL BENEFIT TO
THE PROMOTER, ORGANIZER OR ESTABLISHMENT HOSTING THE EVENT.
  S 2. This act shall take effect immediately.

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

                                 767--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  reported favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general municipal law, in relation to charity  poker
  tournaments

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

  Section 1. 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 "CHARITY POKER  TOURNAMENTS"  and  such
other  specific games as may be authorized by the board, in which prizes
are awarded on the basis of a  designated  winning  number  or  numbers,
color or colors, symbol or symbols determined by chance, but not includ-
ing  games commonly known as "bingo or lotto" which are controlled under
article fourteen-H of this chapter and also not including  "bookmaking",
"policy  or numbers games" and "lottery" as defined in section 225.00 of
the penal law. No game of chance shall involve wagering of money by  one
player against another player.
  S  2.  Section 186 of the general municipal law is amended by adding a
new subdivision 3-e to read as follows:
  3-E. "CHARITY POKER TOURNAMENT" SHALL MEAN A TOURNAMENT  CONDUCTED  IN
ACCORDANCE  WITH  RULES  AND REGULATIONS ADOPTED BY THE BOARD IN WHICH A
NUMBER OF CONTESTANTS COMPETE FOR CASH OR MERCHANDISE PRIZES AWARDED  BY
A    LICENSED    AUTHORIZED   ORGANIZATION   FOLLOWING   A   SERIES   OF
ELIMINATION-STYLE POKER GAMES  APPROVED  BY  THE  BOARD  IN  WHICH  ONLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05140-02-9
              

S. 767--A                           2

NON-VALUE CHIPS SHALL BE USED. SUCH TOURNAMENT CHIPS, WHICH SHALL NOT BE
REDEEMABLE  FOR CASH, MERCHANDISE OR FOR ANY OTHER THING OF VALUE, SHALL
BE USED EXCLUSIVELY TO ESTABLISH POINT  TOTALS  REPRESENTATIVE  OF  EACH
PLAYER'S ACCUMULATED TOURNAMENT CHIPS THAT, IN TURN, SHALL DETERMINE THE
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,

S. 767--A                           3

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 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. 767--A                           4

  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
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

S. 767--A                           5

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.
  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] LICENSES AND CHARITY POKER TOURNAMENT
LESSOR LICENSES fees [and], 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-

S. 767--A                           6

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
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  BOARDS,  SEAL CARDS 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 tick-
ets 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) 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,

S. 767--A                           7

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
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
BY-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

S. 767--A                           8

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-
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 effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date is authorized to be made and completed  by  the  state  racing  and
wagering board on or before such date.