Senate Bill S4150

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

    S. 4150                                                  A. 6485

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 21, 2011
                               ___________

IN  SENATE -- Introduced by Sen. GRIFFO -- read twice and ordered print-
  ed, and when printed to be  committed  to  the  Committee  on  Racing,
  Gaming and Wagering

IN  ASSEMBLY  --  Introduced  by  M.  of A. BLANKENBUSH -- read once and
  referred to the Committee on Racing and Wagering

AN ACT to amend the general municipal law, in relation to  employees  of
  authorized organizations operating games of chance

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

  Section 1. Subdivisions 10 and 11 of section 189 of the general munic-
ipal law, as amended by chapter 574 of the laws of 1978, are amended  to
read as follows:
  10.  No  person  except a bona fide member OR EMPLOYEE of the licensed
authorized organization shall participate  in  the  management  of  such
games;  no  person except a bona fide member OR EMPLOYEE of the licensed
authorized organization, its auxiliary or affiliated organization, shall
participate in the operation of such game, as set forth in  section  one
hundred ninety-five-c of this article.
  11.  No  person  OTHER THAN AN EMPLOYEE shall receive any remuneration
for participating in the management or operation of any such game.
  S 2. Section 195-c of the general municipal law, as amended by chapter
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 EMPLOYEE of the
authorized organization to which the license is issued, or a  bona  fide
member  OR EMPLOYEE of an organization or association which is an auxil-
iary to the licensee or a bona fide member OR EMPLOYEE of  an  organiza-
tion  or  association  of  which such licensee is an auxiliary or a bona
fide member OR EMPLOYEE of  an  organization  or  association  which  is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09737-01-1
              

S. 4150                             2                            A. 6485

affiliated  with  the  licensee  by being, with it, auxiliary to another
organization or association. Nothing herein shall be construed to  limit
the  number of games of chance licensees for whom such persons may oper-
ate  games  of  chance  nor to prevent non-members OR NON-EMPLOYEES 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, with or without payment of
any compensation thereof. The head or heads of the authorized  organiza-
tion  shall upon request certify, under oath, that the persons operating
any game of chance are bona fide members OR EMPLOYEES of such authorized
organization, auxiliary or affiliated organization. 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 sched-
ule of compensation prescribed by the  board,  janitorial  services  and
utility supplies if any, and license fees, and the cost of bus transpor-
tation,  if authorized by such clerk or department. No commission, sala-
ry, compensation, reward or recompense shall be paid  or  given  to  any
person OTHER THAN AN EMPLOYEE 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 3. This act shall take effect immediately.