NY State Senate Bill 2017-S3673B

Senate Bill S3673B

2017-2018 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 Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2018	reported and committed to finance
Feb 02, 2018	print number 3673b
Feb 02, 2018	amend and recommit to racing, gaming and wagering
Jan 11, 2018	print number 3673a
Jan 11, 2018	amend and recommit to racing, gaming and wagering
Jan 03, 2018	referred to racing, gaming and wagering
Jan 25, 2017	referred to racing, gaming and wagering

Votes

- Mar 13, 2018 - Racing, Gaming And Wagering Committee Vote
  S3673B
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Racing, Gaming And Wagering Committee Vote: Mar 13, 2018
      
      aye (11)
      
      Addabbo Jr.
      
      Akshar
      
      Bonacic
      
      Boyle
      
      Comrie
      
      Griffo
      
      Marchione
      
      Ranzenhofer
      
      Sanders Jr.
      
      Stavisky
      
      Valesky

Bill Amendments

Original

B (Active)

co-Sponsors

2017-S3673 - Details

See Assembly Version of this Bill:: A10087
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd Gen Muni L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6595
2013-2014: S2428
2015-2016: S1357

2017-S3673 - 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

2017-S3673 - Sponsor Memo

                                 BILL NUMBER:  S3673

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to modernizing and reforming the conduct of games of chance
and bingo by certain organizations to ease regulatory burdens and
administrative costs placed on games of chance and bingo, charitable
organization operators, municipalities and the state gaming commission

 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 charitable organizations that helps to support
their charitable purposes. Examples of such groups include volunteer
fire companies, churches, veterans groups, and benevolent fraternal
organizations. However, changes in lifestyles and entertainment venues
has slowly curtailed the amount of charitable gaming money raised by
such charitable organizations to support their charitable purposes.
This bill modernizes the provisions of Article 9-A to stabilize the
revenue raised by charitable organizations and enhance their ability
to support their designated charitable purposes.

In addition, this bill updates 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 updated 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 188-a to encourage,
but not mandate, that the Gaming Commission facilitate the electronic
submission or filing of any information, submission, report or
compliance requirement that is required under this article. In
addition, since municipalities are required to regulate games of
chance operations, this provision encourages, but does not mandate,
that the Gaming Commission can assist any municipality, group of
municipalities, or all municipalities in their efforts to accept any
required games of chance filing electronically. The goal here is to
reduce the administrative costs to the regulated charitable
organization, to municipalities, and to the Gaming Commission.


Section 3: 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
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 4: 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 5: 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 6: Amends the General Municipal Law section 190-a to include
volunteer ambulance companies 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. Again, this law has not been updated
since it was enacted in 1967, so this change is long over due.

Section 7: 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. This is a conforming amendment that is elsewhere in this
article.

Section 8: Amends General Municipal Law section 191 to allow those who
have been convicted of a crime to conduct games of chance, 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 9: Amends General Municipal Law section 194 to allow for the
sale of hard cider and 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 hard cider and wine is far more common that it was in
the past and should be allowed during the conduct of games of chance.
In addition, New York State has, as a public policy, encourage the
local production of hard cider and wine, so this provision merely
allows such beverages to be consumed near where games of chance is
being played.

Section 10: 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 11: 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 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 games of chance,
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 12: 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 13: 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 14: 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 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 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.

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 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 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: Adds a new General Municipal Law section 490-a to
encourage, but not mandate, that the Gaming Commission facilitate the
electronic submission or filing of any information, submission, report
or compliance requirement that is required under this article for
bingo. In addition, since municipalities are required to license and
regulate bingo operations, this provision encourages, but does not
mandate, that the Gaming Commission can assist any municipality, group
of municipalities, or all municipalities in their efforts to accept
any required bingo filing electronically. The goal here is to reduce
the administrative costs to the regulated charitable organization, to
municipalities, and to the Gaming Commission.

Section 27: 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 and bingo 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, and was
reduced further to $233,000,000 in 2014. More importantly, the profits
generated by these games declined substantially from $53,750,000 in
2000 to $46,530,000 in 2010, to 38,000,000 in 2014. That is an annual
reduction in support for New York's charitable organizations of
$15,000,000.

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.

2017-S3673 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3673
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 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 modernizing
   and reforming the conduct of games of  chance  and  bingo  by  certain
   organizations  to  ease  regulatory  burdens  and administrative costs
   placed on games of chance and bingo,  charitable  organization  opera-
   tors, municipalities and the state gaming commission
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09072-03-7

 S. 3673                             2
 
 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.
   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.
   § 2. Section 188-a of the general municipal law is amended by adding a
 new subdivision 10 to read as follows:
   10. IN THE DISCRETION OF THE BOARD, PROMULGATE RULES AND  REGULATIONS,
 OR  ISSUE  GUIDELINES  TO HELP FACILITATE OR AUTHORIZE, BUT NOT REQUIRE,
 THE FILING OF ANY INFORMATION, SUBMISSION, REPORT OR COMPLIANCE REQUIRE-
 MENT IN ACCORDANCE WITH THIS ARTICLE, ELECTRONICALLY.    THE  BOARD  MAY
 ASSIST  ANY  MUNICIPALITY OR GROUP OF MUNICIPALITIES IN ESTABLISHING ITS
 OWN COST-EFFECTIVE ELECTRONIC FILING, SUBMISSION AND  COMPLIANCE  SYSTEM
 TO HELP FACILITATE THE ELECTRONIC FILING OF ANY GAMES OF CHANCE INFORMA-
 TION, SUBMISSION OR REPORT THAT IS REQUIRED BY THIS ARTICLE.
   §  3. 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 434 of the
 laws of 2016 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  three  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-

 S. 3673                             3
 
 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.
   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 three 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.
   § 4. 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.
   §  5.  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.
   §  6.  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:

 S. 3673                             4
 
   (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.
   § 7. 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.
   §  8.  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.
   §  9.  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, CIDER  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,

 S. 3673                             5
 
 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
 premises  or  the sale of any other alcoholic beverage in premises where
 only the games of chance known as bell jar or raffles are conducted.
   §  10. Section 195 of the general municipal law, as amended by chapter
 461 of the laws of 2003, is amended to read as follows:
   § 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.
   §  11. 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:
   § 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 PERSON UNDER THE AGE OF
 EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMIT-
 TED TO ASSIST IN THE OPERATION OF ANY GAME OF CHANCE IF  ACCOMPANIED  BY
 AN ADULT.
   §  12. 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:
   § 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 Monday, Tues-
 day, 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.
   § 13. 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:
   §  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

 S. 3673                             6
 
 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
 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.
   § 14. 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:
   §  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.
   §  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

 S. 3673                             7
 
 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
 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.
   § 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-

 S. 3673                             8
 
 ing the reasonable sums necessarily and actually expended for janitorial
 services and utility supplies directly attributable thereto if any.
   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. 3673                             9
 
   §  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
 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.
   § 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.
   § 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

 S. 3673                            10
 
 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
 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.
   §  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.
   § 21. Section 485 of the general municipal law, as amended by  chapter
 438 of the laws of 1962, is amended to read as follows:
   §  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.
   § 22. Section 486 of the general municipal law, as amended by  chapter
 438 of the laws of 1962, is amended to read as follows:
   §  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,

 S. 3673                            11
 
 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
 CONDUCT OF ANY GAME OF BINGO IF ACCOMPANIED BY AN ADULT.
   §  23. Section 487 of the general municipal law, as amended by chapter
 72 of the laws of 1982, is amended to read as follows:
   § 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.
   §  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.
   § 25. Section 490 of the general municipal law, as amended by  chapter
 99 of the laws of 1988, is amended to read as follows:
   §  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

 S. 3673                            12
 
 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.
   § 26. The general municipal law is amended by  adding  a  new  section
 490-a to read as follows:
   §  490-A.  ELECTRONIC  FILING.  THE COMMISSION, IN ITS DISCRETION, MAY
 PROMULGATE RULES AND REGULATIONS, OR ISSUE GUIDELINES TO HELP FACILITATE
 OR  AUTHORIZE,  BUT  NOT  REQUIRE,  THE  FILING  OF   ANY   INFORMATION,
 SUBMISSION,  REPORT  OR  COMPLIANCE  REQUIREMENT IN ACCORDANCE WITH THIS
 ARTICLE, ELECTRONICALLY. THE COMMISSION MAY ASSIST ANY  MUNICIPALITY  OR
 GROUP  OF  MUNICIPALITIES  IN ESTABLISHING ITS OWN COSTS-EFFECTIVE ELEC-
 TRONIC FILING, SUBMISSION AND COMPLIANCE SYSTEM TO HELP  FACILITATE  THE
 ELECTRONIC FILING OF ANY BINGO INFORMATION, SUBMISSION OR REPORT THAT IS
 REQUIRED BY THIS ARTICLE.
   §  27.  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.
   § 28. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

2017-S3673A - Details

See Assembly Version of this Bill:: A10087
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd Gen Muni L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6595
2013-2014: S2428
2015-2016: S1357

2017-S3673A - Summary

2017-S3673A - Sponsor Memo

                                
 
BILL NUMBER: S3673A

SPONSOR: KLEIN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to modernizing
and reforming the conduct of games of chance and bingo by certain organ-
izations to ease regulatory burdens and administrative costs placed on
games of chance and bingo, charitable organization operators, munici-
palities and the state gaming commission

 
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. The operation of games of
chance, such as bell jars, raffles, and Las Vegas Nights raises signif-
icant funds for charitable organizations that helps to support their
charitable purposes. Examples of such groups include volunteer fire
companies, churches, veterans groups, and benevolent fraternal organiza-
tions. However, changes in lifestyles and entertainment venues has slow-
ly eroded the amount of charitable gaming money raised by such charita-

ble organizations to support their charitable purposes. This bill
modernizes the provisions of Article 9-A to stabilize the revenue raised
by charitable organizations and enhance their ability to support their
designated charitable purposes.

In addition, this bill updates 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 updated 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 help conduct such 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 defi-
nitions that are used in Article 9-A that govern the regulation of char-
itable games such as bell jars, raffles, and Las Vegas nights.  It
updates the definition of "net proceeds" to better reflect the kinds of
expenses that charitable organizations incur to operate such games of
chance. In addition, a definition of "reasonable expenses" is provided
to reimburse volunteers for their reasonable out of pocket expenses to
help conduct such games. Further, it adds a definition of "Ancillary
non-gaming activity" to increase the pool of people who can help assist
in activities related to running the evening, but not engaged in
conducting the actual gaming event.

Section 2: Amends General Municipal Law section 189 to permit the chari-
table 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 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.

Sections 3 and 4: Amends General Municipal Law section 190 to provide
for technical amendments and 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 avail-
able to manage these charitable games.

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. This is a conforming amendment that is currently contained
in other parts of this article.

Section 6: Amends General Municipal Law section 191 to allow those who
have been convicted of a crime to conduct games of chance, if the chari-
table 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 7: Amends General Municipal Law section 194 to allow for the
sale of hard cider and 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 hard cider and wine is far more common that it was in the
past and should be allowed during the conduct of games of chance.  In
addition, New York State has, as a public policy, encouraged the local
production of hard cider and wine, so this provision merely allows such
beverages to be consumed near where games of chance is being played.

Section 8: Amends General Municipal Law section 195-a to allow persons
persons between the age of 16 and 18 to assist in the operation of a
game of chance if accompanied by an adult.

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 the General Municipal Law section 195-c as it relates
to reimbursement of reasonable volunteer expenses to conduct such games
of chance.

Section 11: Amends General Municipal Law section I95-n related to
approvals of bell jar game cards.

Section 12: Amends General Municipal Law section 476 to update defi-
nitions that are used in Article 14-H that govern the regulation of
bingo games. It updates the definition of "net proceeds" to better
reflect the kinds of expenses that charitable organizations incur to

operate bingo games and increases the frequency such games may be
conducted slightly.

Section 13: Amends General Municipal Law section 479 to permit charita-
ble organizations 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 reimbursa-
ble expenses which could be allowed for volunteers.

Section 14: 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 15: 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 rehabili-
tation services program.

Section 16: Amends General Municipal Law section 483 to correct a typo
in the law.

Section 17: 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 18: Amends General Municipal Law section 488 in relation to
reimbursement for reasonable volunteer expenses.

Section 19: 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.

The conduct of games of chance and bingo 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 approxi-
mately $81,000,000 to a total of $242,600,000, and was reduced further
to $233,000,000 in 2014. More importantly, the profits generated by
these games declined substantially from $53,750,000 in 2000 to
$46,530,000 in 2010, to 38,000,000 in 2014. That is an annual reduction
in support for New York's charitable organizations of $15,000,000.

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 conduct-
ing the games and operating the snack bar, as long as they are accompa-
nied by an adult.

This bill was amended because portions of this earlier bill became law
pursuant to Chapter 59, Part MM of the Laws of 2017.

 
LEGISLATIVE HISTORY:

2017- S. 3673 - Portions of this bill became law in the 2017 State Budg-
et, Chapter 59, Part MM.
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.

2017-S3673A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3673--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Racing,  Gaming
   and  Wagering  --  recommitted  to the Committee on Racing, Gaming and
   Wagering in accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the general municipal law, in relation to modernizing
   and reforming the conduct of games of  chance  and  bingo  by  certain
   organizations  to  ease  regulatory  burdens  and administrative costs
   placed on games of chance and bingo,  charitable  organization  opera-
   tors, municipalities and the state gaming commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 186 of the general municipal  law,
 as  amended  by  chapter 574 of the laws of 1978, is amended and two new
 subdivisions 22 and 23 are added to read as follows:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09072-07-8

 S. 3673--A                          2
 
 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.
   23.  "ANCILLARY  NON-GAMING  ACTIVITY"  SHALL  MEAN  ANY  ACTIVITY NOT
 DIRECTLY RELATED TO THE CONDUCT OR OUTCOME OF ANY GAME  OF  CHANCE,  AND
 SHALL  INCLUDE  ASSISTING  AT ANY FOOD CONCESSION, CLEANING, MAINTENANCE
 AND  SITE  PREPARATION  AT  THE  LOCATION  WHERE  GAMES  OF  CHANCE  ARE
 CONDUCTED.
   §  2.  Subdivisions  4,  5,  6, 8 and 11 of section 189 of the general
 municipal law, subdivisions 4 and 11 as amended by chapter  574  of  the
 laws  of  1978, subdivisions 5 and 6 as amended by section 11 of part MM
 of chapter 59 of the laws of 2017 and subdivision 8 as amended by  chap-
 ter 434 of the laws of 2016, 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.  (a)  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,  and  for  bell  jar,  no
 single prize shall exceed the sum or value of one thousand dollars.
   (b) No single prize awarded by raffle shall exceed the sum or value of
 three hundred thousand dollars.
   (c)  No  single wager shall exceed six dollars and for bell jars, coin
 boards or merchandise boards, no single prize shall exceed one  thousand
 dollars,  provided, however, that such limitation shall not apply to the
 amount of money or value paid by the participant in a raffle  in  return
 for a ticket or other receipt.
   (d) For coin boards and merchandise boards, the value of a prize shall
 be  determined  by the cost of such prize to the authorized organization
 or, if donated, the fair market value of such prize.
   6. (a) No authorized organization  shall  award  a  series  of  prizes
 consisting  of  cash or of merchandise with an aggregate value in excess
 of:
   (1) ten thousand dollars during the successive operations of  any  one
 merchandise wheel OR BELL JAR; and
   (2) six thousand dollars during the successive operations of any [bell
 jar,] coin board or merchandise board.
   (b)  No  series  of  prizes  awarded by raffle shall have an aggregate
 value in excess of five hundred thousand dollars.
   (c) For coin boards and merchandise boards, the value of a prize shall
 be determined by the cost of such prize to the  authorized  organization
 or, if donated, the fair market value of such prize.
   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

 S. 3673--A                          3
 
 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 three million dollars during
 any one license period.
   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.
   § 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.
   §  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.
   §  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.
 NOTHING IN THIS SECTION SHALL PREVENT A PERSON SIXTEEN YEARS OF  AGE  OR
 OLDER  FROM  PERFORMING  ANCILLARY  NON-GAMING  ACTIVITIES  CONDUCTED IN
 CONJUNCTION WITH ANY GAME OF CHANCE CONDUCTED PURSUANT  TO  ANY  LICENSE
 ISSUED PURSUANT TO THIS ARTICLE.
   §  6.  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

 S. 3673--A                          4

 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.
   §  7.  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, CIDER  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
 premises  or  the sale of any other alcoholic beverage in premises where
 only the games of chance known as bell jar or raffles are conducted.
   § 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:
   § 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 PERSON UNDER THE AGE OF
 EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMIT-
 TED TO ASSIST IN THE OPERATION OF ANY GAME OF CHANCE IF  ACCOMPANIED  BY
 AN ADULT.
   § 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:
   §  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  Monday,  Tues-
 day,  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.
   §  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:
   § 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 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 licen-
 see is an auxiliary or a bona fide member of an organization or  associ-
 ation which is affiliated with the licensee by being, with it, auxiliary
 to   another  organization  or  association.  Nothing  herein  shall  be
 construed to limit the number of games of chance licensees for whom such

 S. 3673--A                          5
 
 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 organiza-
 tion shall upon request certify, under oath, that the persons  operating
 any  game  of  chance are bona fide members of such authorized organiza-
 tion, auxiliary or affiliated organization. Upon request by  an  officer
 or the department any such person involved in such games of chance shall
 certify that he or she has no criminal record. No items of expense shall
 be  incurred  or  paid  in connection with the conducting of any game of
 chance pursuant to any license issued under this  article  except  those
 that  are  reasonable  and  are necessarily expended for games of chance
 supplies and equipment, prizes, security  personnel,  stated  rental  if
 any,  bookkeeping  or  accounting  services  according  to a schedule of
 compensation prescribed by the board, janitorial  services  and  utility
 supplies  if any, and license fees, REIMBURSEMENT OF REASONABLE EXPENSES
 INCURRED BY VOLUNTEERS 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, compen-
 sation[,] 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.
   § 11. 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
 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

 S. 3673--A                          6
 
 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.
   § 12. 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 a new subdivision 14 is added to read as
 follows:
   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.
   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

 S. 3673--A                          7
 
 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.
   14.  "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.
   §  13.  Subdivisions  3  and 8 of section 479 of the general municipal
 law, subdivision 3 as amended by chapter 337 of the  laws  of  1998  and
 subdivision 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.
   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.
   § 14. Subparagraph 6 of paragraph (a) of subdivision 1 of section  480
 of  the  general  municipal  law,  as amended by section 4 of part MM of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (6) the specific purposes to which the entire  net  proceeds  of  such
 games of bingo 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 the rules and regulations of the commission.
   §  15. 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  5 of part MM of chapter 59 of the laws of 2017 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 determines that the applicant is duly qualified  to  be

 S. 3673--A                          8
 
 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 char-
 acter  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  PARTICIPAT-
 ING  IN A REHABILITATION PROGRAM LICENSED OR CERTIFIED BY A STATE AGENCY
 AND OPERATED BY THE APPLICANT OR AN AUXILIARY THEREOF; that  such  games
 of  bingo  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] what so ever will be
 paid or given to any person holding, operating or conducting or  assist-
 ing  in  the  holding,  operation and conduct of any such games of bingo
 except as [in this article] otherwise provided IN THIS ARTICLE,  INCLUD-
 ING  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 five thousand dollars in any single  game  and  that
 the  aggregate  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 fifteen thousand dollars, then the municipality 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  such  governing  body  determines
 that  the  premises presently owned or occupied by such 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.
   §  16.  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. 3673--A                          9
 
   § 17. Section 487 of the general municipal law, as amended by  chapter
 72 of the laws of 1982, is amended to read as follows:
   §  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.
   § 18. 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 of the
 authorized organization to which the license is issued,  and  no  person
 shall  assist  in  the  holding,  operating or conducting of any game of
 bingo under such license except such a bona fide member 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 organ-
 ization 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 article shall not be construed to author-
 ize  or  permit  an authorized organization to engage in the business of
 leasing bingo supplies or  equipment.  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  equip-
 ment,  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, 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 transportation, if authorized by the  control
 commission.
   §  19.  Subdivision  1 of section 491 of the general municipal law, as
 amended by section 9 of part MM of chapter 59 of the laws  of  2017,  is
 amended to read as follows:
   1.  Within  [seven]  TEN  days after the conclusion of any occasion of
 bingo, the authorized organization that conducted  the  same,  and  such
 authorized  organization's  members who were in charge thereof, and when
 applicable the authorized organization that rented its  premises  there-
 for,  shall  each  furnish  to the clerk of the municipality a statement
 subscribed by the member in charge and affirmed by such person as  true,
 under the penalties of perjury, showing the amount of the gross receipts

 S. 3673--A                         10
 
 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. A clerk may make provisions for the option for the elec-
 tronic filing of such statement. 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 commission, shall be furnished in the same manner to
 the commission.
   § 20. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

2017-S3673B (ACTIVE) - Details

See Assembly Version of this Bill:: A10087
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd Gen Muni L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6595
2013-2014: S2428
2015-2016: S1357

2017-S3673B (ACTIVE) - Summary

2017-S3673B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3673B

SPONSOR: KLEIN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to modernizing
and reforming the conduct of games of chance and bingo by certain organ-
izations to ease regulatory burdens and administrative costs placed on
games of chance and bingo, charitable organization operators, munici-
palities and the state gaming commission

 
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. The operation of games of
chance, such as bell jars, raffles, and Las Vegas Nights raises signif-
icant funds for charitable organizations that helps to support their
charitable purposes. Examples of such groups include volunteer fire
companies, churches, veterans groups, and benevolent fraternal organiza-
tions. However, changes in lifestyles and entertainment venues has
rapidly eroded the amount of charitable gaming money raised by such

charitable organizations to support their charitable purposes. This bill
modernizes the provisions of Article 9-A to stabilize the revenue raised
by charitable organizations and enhance their ability to support their
designated charitable purposes.

In addition, this bill updates 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 updated 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 help conduct such 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 defi-
nitions that are used in Article 9-A that govern the regulation of char-
itable games such as bell jars, raffles, and Las Vegas nights.  It
updates the definition of "net proceeds" to better reflect the kinds of
expenses that charitable organizations incur to operate such games of
chance. In addition, a definition of "reasonable expenses" is provided
to reimburse volunteers for their reasonable out of pocket expenses to
help conduct such games. Further, it adds a definition of "Ancillary
non-gaming activity" to increase the pool of people who can help assist
in activities related to running the evening, but not engaged inconduct-
ing the actual gaming event.

Section 2: Amends General Municipal Law section 189 to permit the chari-
table 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 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.

Sections 3 and 4: Amends General Municipal Law section 190 to provide
for technical amendments and 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 avail-
able to manage these charitable games.

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. This is a conforming amendment that is currently contained
in other parts of this article.

Section 6: Amends General Municipal Law section 191 to allow those who
have been convicted of a crime to conduct games of chance, if, at the
option of the applicant, the charitable organization that is sponsoring
such games of chance has as its charitable purposes the charge of
assisting and rehabilitating those who have been convicted of such
crimes. This is so that a formerly convicted individual can, once
released from prison, help to conduct a games of chance that is under
the supervision of a rehabilitation services program.

Section 7: Amends General Municipal Law section 194 to allow for the
sale of hard cider and 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 hard cider and wine is far more common that it was in the
past and should be allowed during the conduct of games of chance.  In
addition, New York State has, as a public policy, encouraged the local
production of hard cider and wine, so this provision merely allows such
beverages to be consumed near where games of chance is being played.

Section 8: Amends General Municipal Law section 195-a to allow persons
persons between the age of 16 and 18 to assist in the operation of a
game of chance if accompanied by an adult.

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 the General Municipal Law section 195-c as it relates
to reimbursement of reasonable volunteer expenses to conduct such games
of chance.

Section 11: Amends General Municipal Law section I95-n related to
approvals of bell jar game cards.

Section 12: Amends General Municipal Law section 476 to update defi-
nitions that are used in Article 14-H that govern the regulation of
bingo games. It updates the definition of "net proceeds" to better
reflect the kinds of expenses that charitable organizations incur to

operate bingo games and increases the frequency such games may be
conducted slightly.

Section 13: Amends General Municipal Law section 479 to permit charita-
ble organizations 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 reimbursa-
ble expenses which could be allowed for volunteers.

Section 14: 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 15: Amends General Municipal Law section 481 to update
provisions related to those who have been convicted of a crime to
conduct bingo games, if, at the option of the applicant, 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. This is so that a formerly convicted individual can
once released from prison help to conduct a game of bingo that is under
the supervision of a rehabilitation services program.

Section 16: Amends General Municipal Law section 483 to correct a typo
in the law.

Section 17: 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 18: Amends General Municipal Law section 488 in relation to
reimbursement for reasonable volunteer expenses.

Section 19: 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.

The conduct of games of chance and bingo 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 approxi-
mately $81,000,000 to a total of $242,600,000, and was reduced further
to $233,000,000 in 2014. More importantly, the profits generated by
these games declined substantially from $53,750,000 in 2000 to
$46,530,000 in 2010, to 38,000,000 in 2014. That is an annual reduction
in support for New York's charitable organizations of $15,000,000.

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 conduct-
ing the games and operating the snack bar, as long as they are accompa-
nied by an adult.

This bill was amended because many portions of this earlier bill became
law pursuant to Chapter 59, Part MM of the Laws of 2017.

 
LEGISLATIVE HISTORY:

2017- S. 3673 - Many portions of this bill became law in the 2017 State
Budget, Chapter 59, Part MM.
2014 - S. 2427 - Referred to Racing & Wagering,
2014 - S. 2428 - Referred to Racing & Wagering,

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

 
FISCAL IMPLICATIONS:

None.

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

2017-S3673B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3673--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Racing,  Gaming
   and  Wagering  --  recommitted  to the Committee on Racing, Gaming and
   Wagering in accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general municipal law, in  relation  to  modernizing
   and  reforming  the  conduct  of  games of chance and bingo by certain
   organizations to ease  regulatory  burdens  and  administrative  costs
   placed  on  games  of chance and bingo, charitable organization opera-
   tors, municipalities and the state gaming commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 6 of section 186 of the general municipal law,
 as amended by chapter 574 of the laws of 1978, is amended  and  two  new
 subdivisions 22 and 23 are added to read as follows:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09072-10-8

 S. 3673--B                          2
 
 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.
   23.  "ANCILLARY  NON-GAMING  ACTIVITY"  SHALL  MEAN  ANY  ACTIVITY NOT
 DIRECTLY RELATED TO THE CONDUCT OR OUTCOME OF ANY GAME  OF  CHANCE,  AND
 SHALL  INCLUDE  ASSISTING  AT ANY FOOD CONCESSION, CLEANING, MAINTENANCE
 AND  SITE  PREPARATION  AT  THE  LOCATION  WHERE  GAMES  OF  CHANCE  ARE
 CONDUCTED.
   §  2.  Subdivisions  4,  5,  6, 8 and 11 of section 189 of the general
 municipal law, subdivisions 4 and 11 as amended by chapter  574  of  the
 laws  of  1978, subdivisions 5 and 6 as amended by section 11 of part MM
 of chapter 59 of the laws of 2017 and subdivision 8 as amended by  chap-
 ter 434 of the laws of 2016, 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.  (a)  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,  and  for  bell  jar,  no
 single prize shall exceed the sum or value of one thousand dollars.
   (b) No single prize awarded by raffle shall exceed the sum or value of
 three hundred thousand dollars.
   (c)  No  single wager shall exceed six dollars and for bell jars, coin
 boards or merchandise boards, no single prize shall exceed one  thousand
 dollars,  provided, however, that such limitation shall not apply to the
 amount of money or value paid by the participant in a raffle  in  return
 for a ticket or other receipt.
   (d) For coin boards and merchandise boards, the value of a prize shall
 be  determined  by the cost of such prize to the authorized organization
 or, if donated, the fair market value of such prize.
   6. (a) No authorized organization  shall  award  a  series  of  prizes
 consisting  of  cash or of merchandise with an aggregate value in excess
 of:
   (1) ten thousand dollars during the successive operations of  any  one
 merchandise wheel OR BELL JAR; and
   (2) six thousand dollars during the successive operations of any [bell
 jar,] coin board or merchandise board.
   (b)  No  series  of  prizes  awarded by raffle shall have an aggregate
 value in excess of five hundred thousand dollars.
   (c) For coin boards and merchandise boards, the value of a prize shall
 be determined by the cost of such prize to the  authorized  organization
 or, if donated, the fair market value of such prize.
   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

 S. 3673--B                          3
 
 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 three million dollars during
 any one license period.
   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.
   § 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.
   §  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.
   §  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.
 NOTHING IN THIS SECTION SHALL PREVENT A PERSON SIXTEEN YEARS OF  AGE  OR
 OLDER  FROM  PERFORMING  ANCILLARY  NON-GAMING  ACTIVITIES  CONDUCTED IN
 CONJUNCTION WITH ANY GAME OF CHANCE CONDUCTED PURSUANT  TO  ANY  LICENSE
 ISSUED PURSUANT TO THIS ARTICLE.
   §  6.  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, AT THE OPTION OF THE  APPLICANT,
 IF  CONVICTED,  THE  MEMBER  OR MEMBERS ARE PARTICIPATING IN A REHABILI-
 TATION 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 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, oper-

 S. 3673--B                          4

 ating or  assisting  therein  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; 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.
   § 7. 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, CIDER 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
 premises or the sale of any other alcoholic beverage in  premises  where
 only the games of chance known as bell jar or raffles are conducted.
   § 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:
   §  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 PERSON  UNDER  THE  AGE  OF
 EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMIT-
 TED  TO  ASSIST IN THE OPERATION OF ANY GAME OF CHANCE IF ACCOMPANIED BY
 AN ADULT.
   § 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:
   § 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 Monday, Tues-
 day, 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.
   § 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:
   §  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  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  licen-
 see  is an auxiliary or a bona fide member of an organization or associ-
 ation which is affiliated with the licensee by being, with it, auxiliary
 to  another  organization  or  association.  Nothing  herein  shall   be
 construed to limit the number of games of chance licensees for whom such

 S. 3673--B                          5
 
 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 organiza-
 tion shall upon request certify, under oath, that the persons  operating
 any  game  of  chance are bona fide members of such authorized organiza-
 tion, auxiliary or affiliated organization. Upon request by  an  officer
 or the department any such person involved in such games of chance shall
 certify that he or she has no criminal record. No items of expense shall
 be  incurred  or  paid  in connection with the conducting of any game of
 chance pursuant to any license issued under this  article  except  those
 that  are  reasonable  and  are necessarily expended for games of chance
 supplies and equipment, prizes, security  personnel,  stated  rental  if
 any,  bookkeeping  or  accounting  services  according  to a schedule of
 compensation prescribed by the board, janitorial  services  and  utility
 supplies  if any, and license fees, REIMBURSEMENT OF REASONABLE EXPENSES
 INCURRED BY VOLUNTEERS 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, compen-
 sation[,] 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.
   § 11. 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
 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

 S. 3673--B                          6
 
 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.
   § 12. Subdivisions 7, 10 and 11-a of section 476 of the general munic-
 ipal law, subdivision 7 as amended by chapter 438 of the laws  of  1962,
 subdivision  10 as amended by chapter 364 of the laws of 1968 and subdi-
 vision 11-a as added by chapter 160 of the laws of 1994, are amended and
 a new subdivision 14 is added to read as follows:
   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.
   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.
   14. "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.
   § 13. Subdivisions 3 and 8 of section 479  of  the  general  municipal
 law,  subdivision  3  as  amended by chapter 337 of the laws of 1998 and
 subdivision 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-

 S. 3673--B                          7
 
 CLE NINETEEN-B OF THE EXECUTIVE LAW or from another authorized organiza-
 tion.
   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.
   § 14. Subparagraph 6 of paragraph (a) of subdivision 1 of section  480
 of  the  general  municipal  law,  as amended by section 4 of part MM of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (6) the specific purposes to which the entire  net  proceeds  of  such
 games of bingo 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 the rules and regulations of the commission.
   §  15. 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  5 of part MM of chapter 59 of the laws of 2017 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 determines 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 char-
 acter  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, AT THE OPTION OF THE APPLICANT,  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 of  bingo  are  to  be  conducted  in
 accordance  with  the  provisions of this article and in accordance with
 the rules and regulations of the commission, and that the proceeds ther-
 eof 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] what so ever will be  paid  or  given  to  any
 person  holding,  operating  or  conducting or assisting in the holding,
 operation and conduct of any such games of  bingo  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
 five thousand dollars in any single game and that the aggregate  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
 fifteen thousand dollars, then the municipality 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 such governing body determines that the
 premises  presently  owned  or  occupied  by such 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

 S. 3673--B                          8
 
 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.
   § 16. 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.
   §  17. Section 487 of the general municipal law, as amended by chapter
 72 of the laws of 1982, is amended to read as follows:
   § 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.
   §  18.  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  of  the
 authorized  organization  to  which the license is issued, and no person
 shall assist in the holding, operating or  conducting  of  any  game  of
 bingo  under  such license except such a bona fide member 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  organ-
 ization  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

 S. 3673--B                          9
 
 promulgated by the board. This article shall not be construed to author-
 ize or permit an authorized organization to engage in  the  business  of
 leasing  bingo  supplies  or  equipment.  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  equip-
 ment,  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, 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 transportation, if authorized by the  control
 commission.
   §  19.  Subdivision  1 of section 491 of the general municipal law, as
 amended by section 9 of part MM of chapter 59 of the laws  of  2017,  is
 amended to read as follows:
   1.  Within  [seven]  TEN  days after the conclusion of any occasion of
 bingo, the authorized organization that conducted  the  same,  and  such
 authorized  organization's  members who were in charge thereof, and when
 applicable the authorized organization that rented its  premises  there-
 for,  shall  each  furnish  to the clerk of the municipality a statement
 subscribed by the member in charge and affirmed by such person as  true,
 under the penalties of perjury, 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. A clerk may make provisions for the option for the elec-
 tronic  filing  of such statement. 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 commission, shall be furnished in the same  manner  to
 the commission.
   § 20. 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 S3673B

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

David Carlucci

2017-S3673 - Details

2017-S3673 - Summary

2017-S3673 - Sponsor Memo

2017-S3673 - Bill Text download pdf

co-Sponsors

David Carlucci

2017-S3673A - Details

2017-S3673A - Summary

2017-S3673A - Sponsor Memo

2017-S3673A - Bill Text download pdf

co-Sponsors

David Carlucci

2017-S3673B (ACTIVE) - Details

2017-S3673B (ACTIVE) - Summary

2017-S3673B (ACTIVE) - Sponsor Memo

2017-S3673B (ACTIVE) - Bill Text download pdf

Comments