NY State Senate Bill 2015-S1357

Senate Bill S1357

2015-2016 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 - 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
Jan 06, 2016	referred to racing, gaming and wagering
Jan 12, 2015	referred to racing, gaming and wagering

co-Sponsors

2015-S1357 (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: General Municipal Law
Laws Affected:: Amd Gen Muni L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6595
2013-2014: S2428
2017-2018: S3673

2015-S1357 (ACTIVE) - Summary

Eases certain restrictions on the conducting of games of chance and bingo for charitable purposes; authorizes the payment, out of the net proceeds of games of chance and bingo, of reimbursement for reasonable expenses of volunteers working at the games; expands the frequency upon which games of chance and bingo may be held; authorizes auxiliary members of authorized organizations to operate games of chance and bingo

2015-S1357 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1357

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 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 modified since that date. The operation of games of
chance, such as bell jars, raffles, and Las Vegas Nights raises
significant funds for not-for-profit organizations that helps to
support their charitable purposes. However, the change in lifestyles
and entertainment venues has slowly curtailed the amount of charitable
gaming money raised by charitable organizations to support their
charitable purposes. This bill hopes to modernize the provisions of
Article 9-A to stabilize the revenue raised by charitable
organizations and enhance their ability to support their designated
charitable purposes.

Another purpose of this bill is 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 modified since that date. The operation of bingo games

raises significant funds for not-for-profit organizations that helps
to support their charitable purposes. However, the change in
lifestyles and entertainment venues since the 1960's has substantially
curtailed the amount of bingo money raised by charitable organizations
to support their charitable purposes. This bill hopes to encourage
more volunteers to participate in bingo games and reduce overhead
costs that could then be shifted to supporting those designated
charitable purposes.

SUMMARY OF PROVISIONS:

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 axe 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. It updates the
definition of "net proceeds" to better reflect the kinds of expenses
that charitable organizations incur to operate bingo games.  This
provision slightly increases the number of times and number of games
of bingo that that occur during the calendar year. In addition, a
definition of "reasonable expenses" is provided to reimburse
volunteers for their reasonable out of pocket expenses to help conduct
such games.

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. Further,
it permits the charitable organization to reimburse volunteers for


their reasonable expenses incurred to volunteer for conducting such
games.  The items would be limited transportation costs, babysitting
costs to watch children while parents help conduct bingo games. To
avoid abuse of this section, the Board could adopt rules to specify
the kinds of reimbursable expenses which could be allowed for
volunteers. This provision also increases a single prize limit from
$300 to $400, except for raffles which increased from $250 to $300.
For 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 revise how
reasonable expenses of volunteers of a charitable organization can be
paid for to increase the pool of volunteers who can assist in the
conduct of bingo games.

Section 4: Amends General Municipal Law section 190 to reduce the
number of bonafide 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 5: 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 6: 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.

Section 7: Amends General Municipal Law section 191 to allow those who
have been convicted of a crime to conduct bingo games, if the
charitable organization that is sponsoring such games of chance has as
its charitable purposes the charge of assisting and rehabilitating
those who have committed crimes or convicted of drug offenses. There
are probably worse things that a formerly convicted individual could
be doing once released from prison than helping to conduct a game
chance that is under the supervision of a rehabilitation services
program.

Section 8: 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.

Section 9: 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 10: Amends General Municipal Law section 195-a to permit those
who are 16 to 18 years old to help conduct games as long as they are
accompanied by a parent or another 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. 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 11: 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 12: 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 13: 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.

Section 14: Amends General Municipal Law section 195-f to make a
technical amendment thereto.

Section 15: Amends General Municipal Law section I95-n related to
approvals of bell jar game cards.

Section 16: 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. It updates the definition of "net proceeds" to better
reflect the kinds of expenses that charitable organizations incur to
operate bingo games. This provision slightly increases the number of
times and number of games of bingo that that occur during the calendar
year. Also, a definition for "reasonable expenses incurred by a
volunteer" has been included.

Section 17: 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. Further, it


permits the charitable organization to reimburse volunteers for their
reasonable expenses incurred to volunteer for conducting such games.
The items would be limited transportation costs, babysitting costs to
watch children while parents help conduct bingo games. To avoid abuse
of this section, the Board could adopt rules or standards to specify
the kinds of reimbursable expenses which could be allowed for
volunteers.  This provision also increases the prize limit from $
1,000 to $ 1,500 and the aggregate prize value from $ 3,000 to $ 4,000
to reflect the devaluation of the prizes due to inflation. The last
time the prize limits were increased was in 1957, the last year of the
Governor Harriman Administration. Since 1957, New York has had
Governors Rockefeller, Carey, Cuomo, Pataki, Spitzer, and now Andrew
Cuomo.

Section 18: Amends General Municipal Law section 480 to revise how
reasonable expenses of volunteers of a charitable organization can be
paid for to increase the pool of volunteers who can assist in the
conduct of bingo games.

Section 19: Amends General Municipal Law section 481 to update
provisions related to those who have been convicted of a crime to
conduct bingo games, if the charitable organization that is sponsoring
such bingo games has as its charitable purposes the change of
assisting and rehabilitating those who have committed crimes or
convicted of drug offenses. There are probably worse things that a
formerly convicted individual could be doing once released from prison
than helping to conduct a game of bingo that is under the supervision
of a rehabilitation services program. This provision also slightly
increases the ceiling on the single and aggregate prize award from,
respectively, $ 1,000 to $ 1,500 and $3,000 to $ 4,000.  Again, these
caps were instituted in 1957, the same year that the '57 Chevy was
manufactured.

Section 20: Amends General Municipal Law section 483 to delete
references to the Bingo Control Board, which went out of existence in
1977, and whose duties were shifted to the Racing & Wagering Board in
the same year.

Section 21: 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 22: Amends General Municipal Law section 466 to permit those
who are 15 to 18 years old to help conduct games of bingo as long as
they are accompanied by a parent or another 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 hand out 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 a teenagers between the ages of 15
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.


Section 23: 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 24: Amends General Municipal Law section 468 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 25: 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 26: 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 in the time period will in
effect give them not just one, but two full weekends to prepare and
file reports on gross receipts.

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
is 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.

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 volunteers to get at least
some of their out of pocket expenses for volunteering to conduct such
games such as child care costs and gas money when volunteering, and
allowing teenagers over the age of 16 to assist other adults in
conducting the games and operating the snack bar.

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.

LEGISLATIVE HISTORY:

2014 - S. 2427 - Referred to Racing & Wagering, in 0 2014 - S. 2428-
Referred to Racing & Wagering,


2012 - S. 6594 - Referred to Racing & Wagering Committee,
2012 - S. 6595- in Racing & Wagering Committee.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

January first after the act shall have become law.

2015-S1357 (ACTIVE) - Bill Text download pdf

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

                                  1357

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI -- 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 6 of section 186 of the general  munici-
pal  law, as amended by chapter 574 of the laws of 1978, are amended and
two new subdivisions 4-a and 22 are 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-
ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN  ORGAN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03885-01-5

S. 1357                             2

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.
  6.  "Net  proceeds"  shall  mean (a) in relation to the gross receipts
from one or more license periods of games of  chance,  the  amount  that
shall remain after deducting the reasonable sums necessarily and actual-
ly  expended  for  CONDUCTING GAMES OF CHANCE INCLUDING, BUT NOT LIMITED
TO, 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, license fees, and  [the  cost  of  bus  transportation]
REIMBURSEMENT  OF  REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE
THEIR TIME TO HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH
GAMES, AND AS AUTHORIZED BY THE BOARD AND if authorized by the clerk  or
department  and (b) in relation to the gross rent received by an author-
ized games of chance lessor for the use of its premises  by  a  game  of
chance  licensee,  the  amount  that  shall  remain  after deducting the
reasonable  sums  necessarily  and  actually  expended  for   janitorial
services and utility supplies directly attributable thereto if any.
  22.  "REASONABLE EXPENSES" SHALL INCLUDE, BUT NOT BE LIMITED TO, CHILD
CARE EXPENSES, TRANSPORTATION EXPENSES, MEALS  AND  OTHER  EXPENSES,  AS
DETERMINED AND REGULATED BY THE BOARD.
  S  2. Subdivisions 4, 5, 6, 8, 10 and 11 of section 189 of the general
municipal law, subdivisions 4, 10 and 11 as amended by  chapter  574  of
the  laws of 1978, subdivisions 5 and 8 as amended by chapter 455 of the
laws of 2012 and subdivision 6 as amended by chapter 302 of the laws  of
2010, are amended to read as follows:
  4.  The entire net proceeds of any game of chance shall be exclusively
devoted to the lawful purposes of the organization permitted to  conduct
the  same  and the net proceeds of any rental derived therefrom shall be
exclusively devoted to the lawful purposes of the  authorized  games  of
chance lessor; PROVIDED, HOWEVER, THAT A PERSON MAY ACCEPT REIMBURSEMENT
OF REASONABLE EXPENSES INCURRED TO MANAGE, HOLD, OPERATE OR CONDUCT SUCH
GAMES.
  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 OR BELL JAR, 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.

S. 1357                             3

  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
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].
  11. No person shall receive any remuneration for participating in  the
management  or  operation  of  any  such game; PROVIDED, HOWEVER, THAT A
PERSON MAY ACCEPT  REIMBURSEMENT  OF  REASONABLE  EXPENSES  INCURRED  TO
MANAGE, HOLD, OPERATE OR CONDUCT GAMES OF CHANCE.
  S  3.  Subparagraph 5 of paragraph (a) 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:
  (5) the purposes to which the entire net proceeds of such games are to
be  devoted  and  in  what  manner;  that no commission, salary, compen-
sation[,] OR reward [or recompense] will  be  paid  to  any  person  for
conducting such game or games or for assisting therein except as in this
article  otherwise  provided;  and  such  other  information as shall be
prescribed by such rules and regulations.
  S 4. 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 5. 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. 1357                             4

  S 6. 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.  NO
PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL BE PERMITTED TO OPERATE  OR
ASSIST  IN  ANY  RAFFLE  CONDUCTED  PURSUANT  TO THIS SECTION; PROVIDED,
HOWEVER, THAT A PERSON UNDER THE  AGE  OF  EIGHTEEN  YEARS  AND  WHO  IS
SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED TO ASSIST IN ANY RAFFLE
IF ACCOMPANIED BY AN ADULT.
  S  7.  Paragraph  (a)  of  subdivision 1 of section 191 of the general
municipal law, as amended by section 15 of part LL of chapter 56 of  the
laws of 2010, is 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 pursuant to article
twenty-three of the correction law, OR,  IF  CONVICTED,  THE  MEMBER  OR
MEMBERS ARE PARTICIPATING IN A REHABILITATION PROGRAM LICENSED OR CERTI-
FIED  BY  A  STATE  AGENCY AND OPERATED BY THE APPLICANT OR AN AUXILIARY
THEREOF; that such games are to be  conducted  in  accordance  with  the
provisions  of  this  article and in accordance with the rules and regu-
lations of the board and applicable 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[,] OR reward [or recompense] whatever will be paid or given
to any person managing, operating or assisting  therein  except  as  [in
this  article]  otherwise provided IN THIS ARTICLE, INCLUDING REIMBURSE-
MENT OF REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME
TO HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH GAMES;  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.
  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 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  9.  Section 195 of the general municipal law, as amended by chapter
461 of the laws of 2003, is amended to read as follows:
  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

S. 1357                             5

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 10. Section 195-a of the general municipal law, as amended by  chap-
ter 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 arti-
cle or to assist therein; PROVIDED, HOWEVER, THAT A PERSON 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  ACCOMPA-
NIED BY A PARENT.
  S  11. Section 195-b of the general municipal law, as amended by chap-
ter 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  12. 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,
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

S. 1357                             6

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,  REIMBURSEMENT  OF REASONABLE EXPENSES INCURRED BY VOLUN-
TEERS WHO DONATE THEIR TIME TO OPERATE OR ASSIST  IN  THE  OPERATION  OF
GAMES  OF  CHANCE  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 13.  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  14. Subdivision 3 of section 195-f of the general municipal law, as
amended by chapter 550 of the laws  of  1994,  is  amended  to  read  as
follows:
  3.  Any authorized organization required to file an annual report with
the secretary of state pursuant to article seven-A of the executive  law
[or  the  attorney  general  pursuant  to  article eight of the estates,
powers and trusts law] shall include with such annual report a  copy  of
the statement required to be filed with the clerk or department pursuant
to subdivision one or two of this section.
  S  15. Subdivision 1 of section 195-n of the general municipal law, as
amended by chapter 637 of the laws  of  1999,  is  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 distributors licensed by the board. Manufacturers
of bell jar tickets, seal cards, merchandise boards, and coin boards may
submit samples, artists' renderings, or color  photocopies  of  proposed

S. 1357                             7

bell  jar  tickets,  seal cards, merchandise boards, coin boards, payout
cards, and flares for review and approval by the  board.  Within  thirty
days  of receipt of such sample or rendering, the board shall approve or
deny such bell jar tickets. [Following approval of a rendering of a bell
jar  ticket,  seal  card, merchandise board, or coin board by the board]
PRIOR TO THE SALE OF A BELL JAR GAME, JAR TICKET, SEAL CARD, MERCHANDISE
BOARD OR COIN BOARD TO ANY  LICENSED  DISTRIBUTOR  FOR  RESALE  IN  THIS
STATE, the manufacturer shall submit to the board a sample of the print-
ed  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 FORTY-FIVE DAYS OF RECEIPT  OF  SUCH  SAMPLE,  THE  BOARD
SHALL  APPROVE  OR  DENY  THE  BELL  JAR  TICKET, JAR TICKET, SEAL CARD,
MERCHANDISE BOARD OR COIN BOARD. For coin boards and merchandise boards,
nothing herein shall require the submittal of actual coins  or  merchan-
dise  as  part  of  the  approval process. Any licensed manufacturer 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 unlicensed manufacturer who violates the  provisions
of this section shall be guilty of a class E felony.
  S  16.  Subdivisions  7,  9, 10 and 11-a of section 476 of the general
municipal law, subdivision 7 as amended by chapter 438 of  the  laws  of
1962,  subdivision  9  as  amended  by chapter 1057 of the laws of 1965,
paragraph (a) of subdivision 9 as amended by section 16 of  part  LL  of
chapter 56 of the laws of 2010, 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 two new subdivisions 4-a and 13 are  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.
  7.  "Net  proceeds"  shall  mean (a) in relation to the gross receipts
from one or more occasions of bingo, the amount that shall remain  after
deducting  the  reasonable  sums  necessarily  and actually expended for
CONDUCTING BINGO GAMES INCLUDING, BUT NOT LIMITED TO, bingo supplies and
equipment, prizes, stated  rental  if  any,  bookkeeping  or  accounting
services  according  to  a  schedule  of  compensation prescribed by the
commission, janitorial services and utility  supplies  if  any,  license
fees,  and  [the cost of bus transportation] REIMBURSEMENT OF REASONABLE
EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO  HOLD,  OPERATE
OR  CONDUCT,  OR ASSIST IN THE CONDUCT OF SUCH GAMES, [if] AS authorized
by the control commission,  and  (b)  in  relation  to  the  gross  rent
received by an organization licensed to conduct bingo for the use of its
premises by another licensee, the amount that shall remain after deduct-
ing the reasonable sums necessarily and actually expended for janitorial
services and utility supplies directly attributable thereto if any.

S. 1357                             8

  9.  "Authorized commercial lessor" shall mean a person, firm or corpo-
ration other than a licensee to conduct bingo under  the  provisions  of
this  article, who or which shall own or be a net lessee of premises and
offer the same for leasing by him, HER or it to an authorized  organiza-
tion  for  any  consideration  whatsoever,  direct  or indirect, for the
purpose of conducting bingo therein, provided that he, SHE or it, as the
case may be, shall not be
  (a) a person convicted of a crime who has not received a pardon  or  a
certificate of good conduct or a certificate of relief from disabilities
pursuant to article twenty-three of the correction law;
  (b)  a  person  who  is or has been a professional gambler or gambling
promoter or who for other reasons is not of good moral character;
  (c) a public officer who receives any consideration, direct  or  indi-
rect, as owner or lessor of premises offered for the purpose of conduct-
ing bingo therein;
  (d)  a  firm or corporation in which a person defined in [subdivision]
PARAGRAPH (a), (b) or (c)  [above]  OF  THIS  SUBDIVISION  or  a  person
married  [or  related  in the first degree] to such a person has greater
than a ten [percentum] PER CENTUM (10%) proprietary, equitable or credit
interest or in which such a person is active or employed[.]; OR
  (E) A FIRM OR CORPORATION IN WHICH  A  PERSON  RELATED  TO  A  PERSON,
DEFINED  IN  PARAGRAPH  (A), (B) OR (C) OF THIS SUBDIVISION, HAS GREATER
THAN TWENTY PER CENTUM (20%) PROPRIETARY, EQUITABLE OR  CREDIT  INTEREST
OR IN WHICH SUCH A RELATED PERSON IS ACTIVE OR EMPLOYED.
  Nothing  contained  in  this subdivision shall be construed to bar any
firm or corporation which is not organized for pecuniary profit  and  no
part  of  the net earnings of which inure to the benefit of any individ-
ual, member, or shareholder, from being an authorized commercial  lessor
solely  because  a public officer, or a person married or related in the
first degree to a public officer, is a member of, active in or  employed
by such firm or corporation.
  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  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.
  13.  "REASONABLE  EXPENSES INCURRED BY A VOLUNTEER" SHALL INCLUDE, BUT
NOT BE LIMITED TO, CHILD CARE EXPENSES, TRANSPORTATION  EXPENSES,  MEALS
AND OTHER EXPENSES, AS DETERMINED AND REGULATED BY THE BOARD.
  S  17.    Subdivisions  3, 5, 6, 7 and 8 of section 479 of the general
municipal law, subdivision 3 as amended by chapter 337 of  the  laws  of

S. 1357                             9

1998,  subdivisions  5  and  6  as amended by chapter 328 of the laws of
1994, and subdivisions 7 and 8 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.
  5. No prize shall exceed the sum or value of one thousand FIVE HUNDRED
dollars in any single game of bingo.
  6.  No series of prizes on any one bingo occasion shall aggregate more
than [three] FOUR thousand dollars.
  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.
  8.  No  person shall receive any remuneration for participating in the
management or operation of any game of bingo; PROVIDED, HOWEVER, THAT  A
PERSON  MAY  ACCEPT  REIMBURSEMENT  OF  REASONABLE  EXPENSES INCURRED TO
MANAGE, HOLD, OPERATE OR CONDUCT SUCH GAMES.
  S 18. Subparagraph 6 of paragraph (a) of subdivision 1 of section  480
of  the  general municipal law, as amended by chapter 611 of the laws of
1963, is amended to read as follows:
  (6) the specific purposes to which the entire  net  proceeds  of  such
games  are to be devoted and in what manner; that no commission, salary,
compensation[,] OR reward [or recompense] will be paid to any person for
conducting such bingo game or games or for assisting therein  except  as
in  this article otherwise provided; and such other information as shall
be prescribed by such rules and regulations.
  S 19. Paragraph (a) of subdivision 1 and subdivision 3 of section  481
of  the general municipal law, paragraph (a) of subdivision 1 as amended
by section 17 of part LL of chapter 56 of the laws of 2010 and  subdivi-
sion  3  as  amended  by chapter 284 of the laws of 1969, are amended to
read as follows:
  (a) Issuance of licenses to conduct bingo. If the  governing  body  of
the municipality shall determine that the applicant is duly qualified to
be  licensed  to  conduct  bingo  under this article; that the member or
members of the applicant designated in the application to conduct  bingo
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 or a certificate of good conduct or a
certificate of relief from disabilities pursuant to article twenty-three
of the correction law, OR, IF  CONVICTED,  THE  MEMBER  OR  MEMBERS  ARE
PARTICIPATING  IN  A  REHABILITATION  PROGRAM LICENSED OR CERTIFIED BY A
STATE AGENCY AND OPERATED BY THE APPLICANT OR AN AUXILIARY THEREOF; 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  commis-
sion, and that the proceeds thereof are to be disposed of as provided by
this article, and if the governing body is satisfied that no commission,
salary,  compensation[,] OR reward [or recompense] whatever will be paid
or given to any person holding, operating or conducting or assisting  in
the  holding, operation and conduct of any such games except as [in this
article] otherwise provided IN THIS ARTICLE, INCLUDING REIMBURSEMENT  OF
REASONABLE  EXPENSES  INCURRED  BY  VOLUNTEERS  WHO DONATE THEIR TIME TO
HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF  SUCH  GAMES;  and
that no prize will be offered and given in excess of the sum or value of

S. 1357                            10

one thousand FIVE HUNDRED dollars in any single game and that the aggre-
gate of all prizes offered and given in all of such games conducted on a
single occasion, under said license shall not exceed the sum or value of
[three] FOUR thousand dollars, it shall issue a license to the applicant
for  the  conduct  of  bingo  upon  payment of a license fee of eighteen
dollars [and seventy-five cents]  for  each  bingo  occasion;  provided,
however,  that  the governing body shall refuse to issue a license to an
applicant seeking to conduct bingo in premises of a licensed  commercial
lessor where it determines that the premises presently owned or occupied
by  said  applicant  are  in  every  respect  adequate  and suitable for
conducting bingo games.
  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  20.  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
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 21. 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 22. 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  PERSON  UNDER  THE  AGE  OF EIGHTEEN YEARS AND WHO IS

S. 1357                            11

FIFTEEN YEARS OF AGE OR OLDER  SHALL  BE  PERMITTED  TO  ASSIST  IN  THE
CONDUCT OF ANY GAME OF BINGO IF ACCOMPANIED BY AN ADULT.
  S  23. 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  24.  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
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, REIMBURSEMENT OF REASONABLE  EXPENSES
INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO HOLD, OPERATE OR CONDUCT
OR  ASSIST IN THE CONDUCT OF SUCH GAMES, and the cost of bus transporta-
tion, if authorized by the control commission.
  S 25. 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

S. 1357                            12

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 26. 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
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] COMMISSION.
  S 27. 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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Senate Bill S1357

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Sponsored By

Jeffrey D. Klein