senate Bill S2440

2013-2014 Legislative Session

Eases certain restrictions on the conducting of games of chance and bingo for charitable purposes

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2014 referred to racing and wagering
delivered to assembly
passed senate
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.90
Jan 08, 2014 referred to racing, gaming and wagering
returned to senate
died in assembly
May 21, 2013 referred to racing and wagering
delivered to assembly
passed senate
May 20, 2013 advanced to third reading
May 08, 2013 2nd report cal.
May 07, 2013 1st report cal.570
Jan 17, 2013 referred to racing, gaming and wagering

Votes

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Feb 4, 2014 - Racing, Gaming and Wagering committee Vote

S2440
10
1
committee
10
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Racing, Gaming and Wagering committee vote details

Racing, Gaming and Wagering Committee Vote: Feb 4, 2014

nay (1)

May 7, 2013 - Racing, Gaming and Wagering committee Vote

S2440
10
1
committee
10
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Racing, Gaming and Wagering committee vote details

Racing, Gaming and Wagering Committee Vote: May 7, 2013

nay (1)

Co-Sponsors

S2440 - Bill Details

See Assembly Version of this Bill:
A4150
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd Gen Muni L, generally
Versions Introduced in 2011-2012 Legislative Session:
S7104, A10309

S2440 - Bill Texts

view summary

Eases certain restrictions on the conducting of games of chance for charitable purposes; authorizes auxiliary members of authorized organizations to operate games of chance; authorizes conducting of games of chance on Sundays; expands advertising of games of chance; eases certain restrictions on the conducting of bingo games for charitable purposes; expands the frequency upon which bingo games may be held; authorizes auxiliary members of authorized organizations to conduct bingo games; authorizes the conducting of bingo games on Sundays; expands advertising of bingo games.

view sponsor memo
BILL NUMBER:S2440

TITLE OF BILL: An act to amend the general municipal law, in relation
to the conducting of games of chance and bingo by certain
organizations

PURPOSE: The purpose of this bill is twofold. First, to update the
provisions that govern the conduct of games of chance in New York.
Article 9-A of the General Municipal Law was first codified in 1967
and has not been substantially modernized since that date. The
operation of games of chance, such as bell jars, raffles, and Las
Vegas Nights raise significant revenue for not-for-profit
organizations that helps to support their charitable purposes.
However, the significant changes in lifestyles and entertainment
venues that have occurred since 1967 is slowly reducing the amount of
charitable gaming money that is being raised by charitable
organizations to support their charitable purposes.

Second, to update the provisions that govern the conduct of bingo
games in New York. Article 14-H of the General Municipal Law was first
codified in 1957 and has not been substantially modernized since that
date. The operation of bingo games raises significant funds for
not-for-profit organizations that helps to support their charitable
purposes. However, again, the light year changes that have occurred in
lifestyles and entertainment venues since the late 1950's has
substantially curtailed the amount of bingo money raised by charitable
organizations to support their charitable purposes.

The goal of this bill is to modernize the provisions of Articles 9-A
and 14-H to help stabilize the amount of revenue raised by charitable
organizations, such as fire companies, parochial schools, religious
organizations, and fraternal organizations, and to enhance their
ability to support their designated charitable purposes. Further, the
bill attempts to encourage more volunteers to participate in the
conduct of games of chance and bingo and to reduce overhead costs that
could then be shifted to supporting those designated charitable
purposes.

SUMMARY OF PROVISIONS: The first 12 sections of this bill modernize
the conduct and management of games of chance. Sections 13 through 22
modernize the regulation of bingo games. Games of Chance Reforms:

Section 1: Amends General Municipal. Law section 186 to up-date
definitions that are used in Article 9-A that govern the regulation of
charitable games such as bell jars, raffles, and Las Vegas nights.
Among the definitions that are modified are the inclusion of the term
"auxiliary member". This definition is currently included in the law,
but is buried in the body of the General Municipal Law. In addition,
it changes the definition of "one occasion" to increase the series of
prize limits from $3,000 to $10,000.

Section 2: Amends General Municipal Law section 189 to permit
auxiliary members of a charitable organization to participate in the
management and operation of such games. This provision was added to
reflect the current problem that charitable organizations are facing
in securing volunteers to manage and conduct games of chance. This


provision also increases a single prize limit from $300 to $400,
except for raffles which increased from $250 to $300. Fox a series of
prizes, the values increase from $400 to $500 to reflect the
devaluation of the prizes due to inflation. The prize limits set in
this section were established in 1976. With inflation since 1976, the
prize values have been devalued substantially over the past 35 years.

Section 3: Amends General Municipal Law section 190 to reduce the
number of bona fide members of an applicant organization that are
named to manage the games of chance from 4 to 3. This is needed due to
the lack of volunteers available to manage these charitable games.

Section 4: Amends the General Municipal Law section 190-a to include
volunteer ambulance workers as being a bona fide authorized
organization that can conduct games of chance. Before 1976, most
ambulance companies were organized under a volunteer fire company.
However, it is more common now to see ambulance companies that operate
free of a volunteer fire company.

Section 5: Amends General Municipal Law section 190-a to allow those
between the ages of 16 and 18 can help conduct a raffle if accompanied
by an adult. Such persons must be either members or auxiliary members
of such charitable organization.

Section 6: Amends General Municipal Law section 194 to allow for the
sale of wine, in addition to the currently authorized sale of beer
during the conduct of games of chance events. Drinking patterns have
changed since this law was last codified in 1976. The consumption of
wine is far more common that it was in the past and should be allowed
during the conduct of games of chance. Further, the issuance of beer
only licenses for on-premise consumption have declined, to be replaced
by licensees that sell both beer and wine.

Section 7: Amends General Municipal Law section 195 to change the
default on conducting of games of chance on Sunday from being
prohibited unless authorized by the local municipality to being
permitted unless the local municipality opts to prohibit such games on
Sunday.

Section 8: Amends General Municipal Law section 195-a to permit those
who are 16 to 18 years old, who axe either members or auxiliary
members of the charitable organization, to help conduct games as long
as they are accompanied by an adult. Under current law, children can
attend games as long as they are accompanied by an adult. This bill
will increase the pool of volunteers that could help to conduct bingo
games, provide assistance at the snack stand, or perform other tasks.
Since 1967, the world has changed. With the expanded use of the
internet, internet gambling, and questionable material that is readily
available to children on the internet, it seems outdated that
teenagers between the ages of 16 and 18 are prohibited from assisting
their parents or other adults in assisting in the conduct of games
with other adults. In today's society, there are probably much Worse
things that a teenager could be doing than helping a charitable
organization conduct a games of chance.


Section 9: Amends General Municipal Law section 195-b to increase the
frequency at which games can be conducted from 12 to 18 times in any
calendar year.

Section 10: Amends General Municipal Law section 195-c to reformat
this section so that the definition of auxiliary member of a
charitable organization is contained not in this section, but shifted
to the definitions section contained in bill section one.

Section 11: Amends General Municipal Law section 195-e to modernize
the types of advertising that can be done to promote game nights. It
permits the use of emails and government access television broadcasts.
Also, it allows volunteer ambulance companies to display signs
advertising bingo events as is now the case for volunteer fire
companies. When this law was first enacted in 1967, ambulance corps
were generally associated with a fire company. Since then, the free
standing volunteer ambulance company is more common so this provision
was amended to include such free standing ambulance squads.

Bingo Reforms:

Section 12: Amends General Municipal Law section 476 to update
definitions that are used in Article 14-H that govern the regulation
of bingo games. Among the definitions that are modified are the
inclusion of the term "auxiliary member". This definition is currently
included in the law, but is buried in the body of the General.
Municipal Law. This provision slightly increases the number of times
the game of bingo can occur.

Section 13: Amends General Municipal Law section 479 to permit
auxiliary members of a charitable organization to participate in the
management and operation of such games. This provision was added to
reflect the current problem that charitable organizations are facing
in securing volunteers to manage and conduct bingo games.

Section 14: Amends General Municipal Law section 481 to update
provisions related to slightly increasing the number of times that
bingo Can be played during the day and consecutive days.

Section 15: Amends General Municipal Law section 483 to correct a
misspelled word.

Section 16: Amends General Municipal Law section 485 to change the
default on conducting bingo games on Sunday from being prohibited
unless authorized by the local municipality to being permitted unless
the local municipality opts to prohibit such games on Sunday.

Section 17: Amends General Municipal Law section 486 to permit those
who are 16 to 18 years old, who are members or auxiliary members of
the sponsoring charitable organization, to help conduct games of bingo
as long as they are accompanied by an adult. Under current law,
children can participate in bingo games as long as they are
accompanied by an adult. This bill will increase the pool of
volunteers that could help to conduct bingo games, provide assistance
at the snack stand and handout bingo cards. Since 1957, the world has
changed. With the expanded used of the internet, internet gambling,
and questionable material that is readily available to children on the


internet, it seems outdated that teenagers between the ages of 16 and
18 are prohibited from assisting their parents or other adults in
passing out bingo cards to game participants. In today's society,
there are probably much worse things that a teenager could be doing
than helping a charitable organization conduct a bingo game in a
church basement, firehouse, or fraternal lodge.

Section 18: Amends General Municipal Law section 487 to increase the
frequency at which bingo games can be conducted from 18 to 27 days in
any three successive calendar months.

Section 19: Amends General Municipal Law section 488 to reformat this
section so that the definition of auxiliary member of a charitable
organization is contained not in this section, but shifted to the
definitions section contained in bill section thirteen.

Section 20: Amends General Municipal Law section 490 to modernize the
types of advertising that can be done to promote bingo game nights.
It permits the use of emails and government access television
broadcasts. Also, it allows volunteer ambulance companies to display
signs advertising bingo events as is now the case for volunteer fire
companies. When this law was first enacted in 1957, ambulance corps
were generally associated with a fire company. Since then, the free
standing volunteer ambulance company is more common so this provision
was amended to include such free standing ambulance squads.

Section 21: Amends General Municipal Law section 491 to extend from 7
days to 10 days in which file municipal reports on gross receipts from
bingo games. Since these reports are prepared and filed by charitable
organization volunteers, this extension ill the time period will in
effect give them not just one, but two full weekends to prepare and
file reports on gross receipts.

Section 22: Effective Date.

JUSTIFICATION: The conduct of games of chance raises substantial
funds to support the charitable purposes of those organization that
conduct such games. However, the total amount wagered and more
importantly the profit that has been retained by these charitable
organizations has been steadily declining. In 2000, total games of
chance handle generated in New York was $323,330,000, however in 2010
that total handle declined by approximately $81,000,000 to a total of
$242,600,000. More importantly, the profits generated by these games
declined substantially from $53,750,000 in 2000 to $46,530,000 in
2010. That is an annual reduction in support for New York's charitable
organizations of $7,220,000.

As with games of chance, the conduct of bingo.games, in the past, has
raised substantial revenue to support the charitable purposes of those
organizations that conduct such games. However, the total amount
wagered and more importantly the profit that is retained by these
charitable organizations has been steadily declining. In 2000, total
bingo handle generated in New York was $178,011,000, however in 2010
that total handle declined by $104,000,000 to a total of $74,000,000.
More importantly, the profits generated by bingo games has imploded
from $38,047,000 in 2000 to $10,800,000 in 2010. That is an annual


reduction in support for New York's charitable organizations of
$27,200,000.

There are many reasons for this reduction in revenue generated to
support charitable organizations. The most important is the reduced
number and pool of volunteers available to conduct and manage such
games. This bill addresses this by allowing teenagers over the age of
16, who are members or auxiliary members of such charitable
organization, to assist other adults in conducting the games, handing
out bingo cards, operating the snack bar, and performing other tasks.

Second, the means of advertising bingo games needs to be modernized to
include those forms of communication that are more commonly used now,
i.e. the internet.

Another reason to encourage the financial viability of charitable
gaming is that it is an inexpensive night out and social event for
many members of the community, including senior citizens, members of
charitable or fraternal organizations, school groups, and their
friends, neighbors and families. In these difficult economic times, it
is important to retain social venues in which members of a community
can gather to participate in a regularly scheduled, but reasonably
priced, event. The cost to participate in games such as bingo is
minimal, but for many, it is a regularly scheduled community event
that all can participate in.

LEGISLATIVE HISTORY: 2012 - S. 7104, Racing & Wagering committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January first after such act shall have become law.

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

                                  2440

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens.  KLEIN, MAZIARZ -- 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, in relation to the conducting
  of games of chance and bingo by certain organizations

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

  Section 1. Subdivisions 4 and 14 of section 186 of the general munici-
pal law, subdivision 4 as amended by chapter 574 of the laws of 1978 and
subdivision 14 as amended by chapter  531  of  the  laws  of  2011,  are
amended and a new subdivision 4-a is added to read as follows:
  4.  "Authorized  organization"  shall  mean  and include any bona fide
religious or charitable organization or bona fide educational, fraternal
or service organization or bona  fide  organization  of  veterans  [or],
volunteer  [firemen]  FIREFIGHTERS OR VOLUNTEER AMBULANCE WORKERS, which
by its charter, certificate of incorporation, constitution,  or  act  of
the  legislature,  shall have among its dominant purposes one or more of
the lawful purposes as defined in this article, provided that each shall
operate without profit to its  members,  and  provided  that  each  such
organization  has  engaged in serving one or more of the lawful purposes
as defined in this article for a period  of  three  years  [immediatley]
IMMEDIATELY prior to applying for a license under this article.
  No  organization  shall  be deemed an authorized organization which is
formed primarily for the purpose of conducting games of chance and which
does not devote at least seventy-five percent of its activities to other
than conducting games of chance. No political party shall be  deemed  an
authorized organization.
  4-A.  "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
TION  OR  ASSOCIATION  WHICH  IS AUXILIARY TO AN AUTHORIZED ORGANIZATION
LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED  PURSU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00917-01-3

S. 2440                             2

ANT  TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN-
IZATION  OR  ASSOCIATION  WHICH  IS  AFFILIATED   WITH   AN   AUTHORIZED
ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
  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, event game,  coin  board,
or merchandise board which results in the awarding of a series of prizes
amounting  to [three] TEN thousand dollars. For the purposes of the game
of chance known as raffle "one occasion"  shall  mean  a  calendar  year
during which successive operations of such game are conducted.
  S 2. Subdivisions 5, 6, 8 and 10 of section 189 of the general munici-
pal  law,  subdivisions 5 and 8 as amended by chapter 455 of the laws of
2012, subdivision 6 as amended by chapter 302 of the laws  of  2010  and
subdivision  10  as  amended  by  chapter  574  of the laws of 1978, 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] FOUR hundred dollars, except that for
merchandise  wheels,  no  single  prize shall exceed the sum or value of
[two] THREE hundred [fifty] dollars. No single prize awarded  by  raffle
shall exceed the sum or value of one hundred 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 five
hundred thousand dollars. For coin boards and  merchandise  boards,  the
value  of  a  prize  shall  be  determined by its cost to the authorized
organization or, if donated, its fair market value.
  8. Except for merchandise wheels and raffles, no series of  prizes  on
any  one  occasion shall aggregate more than [four] FIVE 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 author-
ized  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

S. 2440                             3

prizes  with  an aggregate value in excess of two million dollars during
any one license period.
  10.  No  person  except  a bona fide member of the licensed authorized
organization OR AN AUXILIARY MEMBER OF SUCH ORGANIZATION  shall  partic-
ipate  in  the  management  of such games[; no person except a bona fide
member of the licensed authorized organization, its auxiliary or  affil-
iated  organization, shall participate in the operation of such game, as
set forth in section one hundred ninety-five-c of this article].
  S 3. Paragraph (b) of subdivision 1 of  section  190  of  the  general
municipal law, as amended by chapter 574 of the laws of 1978, is amended
to read as follows:
  (b) In each application there shall be designated not less than [four]
THREE  bona  fide  members  of the applicant organization under whom the
game or games of chance will be managed and to the application shall  be
appended  a  statement  executed by the members so designated, that they
will be responsible for the management of such games in accordance  with
the  terms  of the license, the rules and regulations of the board, this
article and the applicable local laws or ordinances.
  S 4. Paragraph (a) of subdivision 2 of section 190-a  of  the  general
municipal law, as amended by chapter 400 of the laws of 2005, is amended
to read as follows:
  (a)  For the purposes of this section, "authorized organization" shall
mean and include any bona fide religious or charitable  organization  or
bona  fide  educational,  fraternal or service organization or bona fide
organization of veterans [or], volunteer [firefighter]  FIREFIGHTERS  OR
VOLUNTEER AMBULANCE WORKERS, which by its charter, certificate of incor-
poration,  constitution, or act of the legislature, shall have among its
dominant purposes one or more of the lawful purposes as defined in  this
article, provided that each shall operate without profit to its members,
and  provided  that each such organization has engaged in serving one or
more of the lawful purposes as defined in this article for a  period  of
three  years  immediately  prior to being granted the filing requirement
exemption contained in subdivision one of this section.
  S 5. Subdivision 3 of section 190-a of the general municipal  law,  as
added by chapter 400 of the laws of 2005, is amended to read as follows:
  3.  No  person  under  the age of eighteen shall be permitted to play,
operate or assist in any raffle  conducted  pursuant  to  this  section;
PROVIDED,  HOWEVER, A MEMBER OR AUXILIARY MEMBER OVER THE AGE OF SIXTEEN
YEARS, BUT UNDER THE AGE OF EIGHTEEN YEARS, SHALL BE PERMITTED TO ASSIST
IN ANY RAFFLE CONDUCTED PURSUANT TO THIS SECTION, IF ACCOMPANIED  BY  AN
ADULT.
  S  6.  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 AND WINE  may  be
offered  for  sale  during  the  conduct  of games of chance on 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 prem-
ises or the sale of any other alcoholic beverage in premises where  only
the games of chance known as bell jar or raffles are conducted.
  S  7.  Section 195 of the general municipal law, as amended by chapter
461 of the laws of 2003, is amended to read as follows:

S. 2440                             4

  S 195. Sunday; conduct of games on. Except as provided in section  one
hundred  ninety-five-b of this article, [no] games of chance [shall] MAY
be conducted under any license issued under this article  on  the  first
day  of  the  week,  commonly  known and designated as Sunday, unless it
shall  be  otherwise  provided  in the license issued for the conducting
thereof, pursuant to the provisions of a local law or an ordinance  duly
adopted by the governing body of the municipality wherein the license is
issued,  [authorizing]  PROHIBITING the conduct of games of chance under
this article on that day [only between the hours of noon and  midnight].
Notwithstanding  the  foregoing  provisions  of this section no games of
chance shall be conducted on Easter Sunday or Christmas Day.
  S 8. Section 195-a of the general municipal law, as amended by chapter
574 of the laws of 1978, is amended to read as follows:
  S 195-a. Participation by persons under eighteen. No person under  the
age  of  eighteen  years shall be permitted to play any game or games of
chance conducted pursuant to any  license  issued  under  this  article.
Persons under the age of eighteen years may be permitted to attend games
of  chance at the discretion of the games of chance licensee.  No person
under the age of eighteen years shall be permitted to operate  any  game
of chance conducted pursuant to any license issued under this article or
to  assist therein; PROVIDED, HOWEVER, THAT A MEMBER OR AUXILIARY MEMBER
WHO IS UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS  OF  AGE
OR  OLDER  SHALL  BE PERMITTED TO ASSIST IN THE OPERATION OF ANY GAME OF
CHANCE IF ACCOMPANIED BY AN ADULT.
  S 9. 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] EIGHTEEN times in any calendar  year.  No  particular  premises
shall  be  used  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 SUNDAY, 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 are conducted.
  S  10. Section 195-c of the general municipal law, as amended by chap-
ter 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 AUXILIARY MEMBER
of the authorized organization to which the license  is  issued[,  or  a
bona fide member of an organization or association which is an auxiliary
to  the licensee or a bona fide member of an organization or association
of which such licensee is an auxiliary or  a  bona  fide  member  of  an
organization  or  association  which  is affiliated with the licensee by
being, with it, auxiliary to another organization or association]. Noth-
ing herein shall be construed to limit the number  of  games  of  chance
licensees  for  whom  such  persons  may  operate games of chance nor to
prevent non-members 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,

S. 2440                             5

with or without payment of any compensation thereof. The head  or  heads
of  the  authorized organization shall upon request certify, under oath,
that the persons operating any game of chance are bona fide OR AUXILIARY
members  of such authorized organization, auxiliary or affiliated organ-
ization. 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 schedule of compensation prescribed
by the board, janitorial services  and  utility  supplies  if  any,  and
license  fees, and the cost of bus transportation, if authorized by such
clerk or department. No commission, salary,  compensation[,]  OR  reward
[or  recompense]  shall  be  paid or given to any person 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 11.  Section 195-e of the general municipal law, as amended by chap-
ter 94 of the laws of 1981, is amended to read as follows:
  S 195-e. Advertising games. A licensee may advertise  the  conduct  of
games  of  chance to the general public by means of newspaper, circular,
handbill [and], poster, ELECTRONIC MAIL, ELECTRONIC  COMMUNICATIONS  AND
GOVERNMENT  ACCESS  TELEVISION BROADCASTS, and by one sign not exceeding
sixty square feet in area, which may be displayed on or adjacent to  the
premises  owned  or  occupied by a licensed authorized organization, and
when an organization is licensed to conduct games of chance on  premises
of an authorized games of chance lessor, one additional such sign may be
displayed  on  or  adjacent to the premises in which the games are to be
conducted.  Additional signs may be displayed  upon  any  fire  fighting
equipment  belonging  to any licensed authorized organization which is a
volunteer fire company, or upon any equipment of a first aid  or  rescue
squad,  OR  VOLUNTEER  AMBULANCE COMPANY in and throughout the community
served by such volunteer fire company or such first aid or rescue squad,
OR VOLUNTEER AMBULANCE COMPANY, as the case may be.  All  advertisements
shall  be  limited to the description of such event as "Games of chance"
or "Las Vegas Night", the name of the authorized organization conducting
such games,  the  license  number  of  the  authorized  organization  as
assigned  by  the clerk or department and the date, location and time of
the event.
  S 12. Subdivisions 10 and 11-a of section 476 of the general municipal
law, subdivision 10 as amended by chapter 364 of the laws  of  1968  and
subdivision  11-a  as  added  by  chapter  160  of the laws of 1994, are
amended and a new subdivision 4-a is added to read as follows:
  4-A.  "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
TION OR ASSOCIATION WHICH IS AUXILIARY  TO  AN  AUTHORIZED  ORGANIZATION
LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
TION  OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU-
ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN  ORGAN-
IZATION   OR   ASSOCIATION   WHICH  IS  AFFILIATED  WITH  AN  AUTHORIZED
ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.

S. 2440                             6

  10. "Limited period bingo" shall  mean  the  conduct  of  bingo  by  a
licensed  authorized organization, for a period of not more than [seven]
TEN of [twelve]  FOURTEEN  consecutive  days  in  any  one  year,  at  a
festival,  bazaar,  carnival  or  similar  function  conducted  by  such
licensed authorized organization. No authorized organization licensed to
conduct  limited  period  bingo  shall  be otherwise eligible to conduct
bingo pursuant to this article in the same year.
  11-a. "Early bird" shall mean a  bingo  game  which  is  played  as  a
special game, conducted not more than [twice] THREE TIMES during a bingo
occasion,  in  which  prizes  are awarded based upon a percentage not to
exceed seventy-five percent of the sum of money received from  the  sale
of the early bird cards and which is neither subject to the prize limits
imposed  by  subdivisions  five and six of section four hundred seventy-
nine and paragraph (a) of subdivision one of section four hundred eight-
y-one, nor the special game opportunity charge limit imposed by  section
four hundred eighty-nine of this article. The percentage shall be speci-
fied both in the application for bingo license and the license. Not more
than  [one  dollar] TWO DOLLARS shall be charged per card with the total
amount collected from the sale of the early bird cards and the prize for
each game to be announced before the commencement of each game.
  S 13.  Subdivisions 3 and 7 of section 479 of  the  general  municipal
law,  subdivision  3  as  amended by chapter 337 of the laws of 1998 and
subdivision 7 as amended by chapter 814 of the laws of 1964, are amended
to read as follows:
  3. No authorized organization licensed under the  provisions  of  this
article  shall  purchase,  lease,  or  receive any supplies or equipment
specifically designed or adapted for use in the conduct of  bingo  games
from  other than a supplier licensed under [the bingo control law] ARTI-
CLE NINETEEN-B OF THE EXECUTIVE LAW or from another authorized organiza-
tion.
  7. No person except a bona fide member OR AUXILIARY MEMBER of any such
organization shall participate in the management or  operation  of  such
game.
  S  14.  Subdivision  3 of section 481 of the general municipal law, as
amended by chapter 284 of the laws  of  1969,  is  amended  to  read  as
follows:
  3. No license shall be issued under this article which shall be effec-
tive  for  a period of more than one year. In the case of limited period
bingo, no license shall be issued authorizing the conduct of such  games
on  more than [two] THREE occasions in any one day nor shall any license
be issued under this article which shall be effective for  a  period  of
more  than  [seven] TEN of [twelve] FOURTEEN consecutive days in any one
year. No license for the conduct of limited period bingo shall be issued
in cities having a population of one million or more.
  S 15. Subdivision 1 of section 483 of the general  municipal  law,  as
amended  by  chapter  438  of  the  laws  of 1962, is amended to read as
follows:
  1. [Eeach] EACH license to conduct bingo shall  be  in  such  form  as
shall  be  prescribed  in  the  rules and regulations promulgated by the
control commission, and shall  contain  a  statement  of  the  name  and
address  of  the  licensee,  of the names and addresses of the member or
members of the licensee under whom the games will be conducted,  of  the
place  or places where and the date or dates and time or times when such
games are to be conducted and of the  specific  purposes  to  which  the
entire  net  proceeds  of  such games are to be devoted; if any prize or
prizes are to be offered and given in cash, a statement of  the  amounts

S. 2440                             7

of  the  prizes  authorized  so  to  be offered and given; and any other
information which may be required by said rules and  regulations  to  be
contained  therein,  and each license issued for the conduct of any game
shall  be  conspicuously  displayed  at  the  place  where same is to be
conducted at all times during the conduct thereof.
  S 16. Section 485 of the general municipal law, as amended by  chapter
438 of the laws of 1962, is amended to read as follows:
  S  485. Sunday; conduct of games on. [No games] GAMES of bingo [shall]
MAY be conducted under any license issued  under  this  article  on  the
first  day of the week, commonly known as [designated as] Sunday, unless
it shall be otherwise provided in the license issued  for  the  holding,
operating  and conducting thereof, pursuant to the provisions of a local
law or an ordinance duly adopted by the governing body  of  the  munici-
pality  issuing  the  license,  [authorizing] PROHIBITING the conduct of
bingo under this article on that day.
  S 17. Section 486 of the general municipal law, as amended by  chapter
438 of the laws of 1962, is amended to read as follows:
  S  486.  Participation  by persons under eighteen. No person under the
age of eighteen years shall be permitted to play any game  or  games  of
bingo conducted pursuant to any license issued under this article unless
accompanied by an adult. No person under the age of eighteen years shall
be  permitted  to  conduct or assist in the conduct of any game of bingo
conducted pursuant to any license issued under this  article;  PROVIDED,
HOWEVER, THAT A MEMBER OR AUXILIARY MEMBER WHO IS UNDER THE AGE OF EIGH-
TEEN  YEARS  AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED
TO ASSIST IN THE CONDUCT OF ANY GAME  OF  BINGO  IF  ACCOMPANIED  BY  AN
ADULT.
  S  18. Section 487 of the general municipal law, as amended by chapter
72 of the laws of 1982, is amended to read as follows:
  S 487. Frequency of game; sale of  alcoholic  beverages.  No  game  or
games  of  bingo,  except limited period bingo, shall be conducted under
any license issued under this article  more  often  than  on  [eighteen]
TWENTY-SEVEN  days  in any three successive calendar months.  No game or
games of limited period bingo shall be conducted between  the  hours  of
twelve  midnight postmeridian and noon, and no more than sixty games may
be conducted on any single occasion of limited period bingo. No game  or
games  of  bingo  shall  be  conducted in any room or outdoor area where
alcoholic beverages are sold, served or consumed during the progress  of
the game or games.
  S  19.  Subdivision  1 of section 488 of the general municipal law, as
amended by chapter 337 of the laws  of  1998,  is  amended  to  read  as
follows:
  1.  No  person  shall hold, operate or conduct any game of bingo under
any license issued under this article  except  a  bona  fide  member  OR
AUXILIARY  MEMBER of the authorized organization to which the license is
issued[, and]. FURTHERMORE, no person shall assist in the holding, oper-
ating or conducting of any game of bingo under such license except  such
a bona fide member or [a bona fide] AUXILIARY member [of an organization
or  association  which  is  an  auxiliary to the licensee or a bona fide
member of an organization or association of which such  licensee  is  an
auxiliary  or a bona fide member of an organization or association which
is affiliated with the licensee by being, with it, auxiliary to  another
organization  or  association  and  except bookkeepers or accountants as
hereinafter provided]. Provided, however,  any  person  may  assist  the
licensed organization in any activity related to the game of bingo which
does not actually involve the holding, conducting, managing or operating

S. 2440                             8

of  such  game  of  bingo.  No game of bingo shall be conducted with any
equipment except such as shall be owned  absolutely  or  leased  by  the
authorized  organization  so  licensed  or  used  without payment of any
compensation therefor by the licensee.  Lease terms and conditions shall
be subject to rules and regulations promulgated by the board. This arti-
cle  shall  not be construed to authorize or permit an authorized organ-
ization to engage in the business of leasing bingo  supplies  or  equip-
ment.  No  items of expense shall be incurred or paid in connection with
the conducting of any game of bingo pursuant to any license issued under
this article, except those  that  are  reasonable  and  are  necessarily
expended for bingo supplies and equipment, prizes, stated rental if any,
bookkeeping  or  accounting  services according to a schedule of compen-
sation prescribed by the commission,  janitorial  services  and  utility
supplies  if  any, and license fees, and the cost of bus transportation,
if authorized by the control commission.
  S 20. Section 490 of the general municipal law, as amended by  chapter
99 of the laws of 1988, is amended to read as follows:
  S  490.  Advertising  of  bingo  games.  A  licensee may advertise the
conduct of an occasion of bingo to the general public by means of  news-
paper,  radio,  circular, handbill [and], poster, ELECTRONIC MAIL, ELEC-
TRONIC COMMUNICATIONS AND GOVERNMENT ACCESS TELEVISION  BROADCASTS,  and
by  one  sign  not  exceeding  sixty  square  feet in area, which may be
displayed on or adjacent to the premises owned or occupied by a licensed
authorized organization, and when an organization is licensed to conduct
bingo occasions on the premises of another licensed authorized organiza-
tion or of a licensed commercial lessor, one additional such sign may be
displayed on or adjacent to the premises in which the occasions  are  to
be  conducted.  Additional  signs may be displayed upon any firefighting
equipment belonging to any licensed authorized organization which  is  a
volunteer  fire  company, or upon any equipment of a first aid or rescue
squad, OR VOLUNTEER AMBULANCE COMPANY in and  throughout  the  community
served by such volunteer fire company or such first aid or rescue squad,
OR  VOLUNTEER  AMBULANCE COMPANY, as the case may be. All advertisements
shall be limited to the description of such event as "bingo",  the  name
of  the  licensed authorized organization conducting such occasions, the
license number of the authorized organization as assigned by  the  clerk
and the date, location and time of the bingo occasion.
  S  21.  Subdivision  1 of section 491 of the general municipal law, as
amended by chapter 667 of the laws  of  1980,  is  amended  to  read  as
follows:
  1.  Within  [seven]  TEN  days after the conclusion of any occasion of
bingo, the authorized organization which conducted  the  same,  and  its
members  who  were in charge thereof, and when applicable the authorized
organization which rented its premises therefor, shall each  furnish  to
the  clerk  of  the municipality a statement subscribed by the member in
charge and affirmed by him OR HER as true, under the penalties of perju-
ry, showing the amount of the gross receipts derived therefrom and  each
item  of expense incurred, or paid, and each item of expenditure made or
to be made, the name and address of each person to whom each  such  item
has  been  paid,  or  is  to be paid, with a detailed description of the
merchandise  purchased  or  the  services  rendered  therefor,  the  net
proceeds  derived  from such game or rental, as the case may be, and the
use to which such proceeds have been or are to be applied and a list  of
prizes  offered  and  given,  with the respective values thereof, and it
shall be the duty of each licensee to maintain and keep such  books  and
records as may be necessary to substantiate the particulars of each such

S. 2440                             9

statement and within fifteen days after the end of each calendar quarter
during  which  there has been any occasion of bingo, a summary statement
of such information, in form prescribed by the state, shall be furnished
in the same manner to the [state racing and wagering] board.
  S 22. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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