LBD04516-02-9
A. 3280 2
IZATION OR ASSOCIATION WHICH IS AFFILIATED WITH AN AUTHORIZED
ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
14. "One occasion" shall mean the successive operations of any one
single type of game of chance which results in the awarding of a series
of prizes amounting to five hundred dollars or four hundred dollars
during any one license period, in accordance with the provisions of
subdivision eight of section one hundred eighty-nine of this article, as
the case may be. For purposes of the game of chance known as a merchan-
dise wheel or a raffle, "one occasion" shall mean the successive oper-
ations of any one such merchandise wheel or raffle for which the limit
on a series of prizes provided by subdivision six of section one hundred
eighty-nine of this article shall apply. For purposes of the game of
chance known as a bell jar, "one occasion" shall mean the successive
operation of any one such bell jar, seal card, event game, coin board,
or merchandise board which results in the awarding of a series of prizes
amounting to [three] TEN thousand dollars. For the purposes of the game
of chance known as raffle "one occasion" shall mean a calendar year
during which successive operations of such game are conducted.
§ 2. Subdivisions 5, 6, 8 and 10 of section 189 of the general munici-
pal law, subdivisions 5 and 6 as amended by section 11 of part MM of
chapter 59 of the laws of 2017, subdivision 8 as amended by chapter 434
of the laws of 2016, and subdivision 10 as amended by chapter 574 of the
laws of 1978, are amended to read as follows:
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[; 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
A. 3280 3
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].
§ 3. Paragraph (b) of subdivision 1 of section 190 of the general
municipal law, as amended by chapter 574 of the laws of 1978, is amended
to read as follows:
(b) In each application there shall be designated not less than [four]
THREE bona fide members of the applicant organization under whom the
game or games of chance will be managed and to the application shall be
appended a statement executed by the members so designated, that they
will be responsible for the management of such games in accordance with
the terms of the license, the rules and regulations of the board, this
article and the applicable local laws or ordinances.
§ 4. Subdivision 3 of section 190-a of the general municipal law, as
added by chapter 400 of the laws of 2005, is amended to read as follows:
3. No person under the age of eighteen shall be permitted to play,
operate or assist in any raffle conducted pursuant to this section;
PROVIDED, HOWEVER, A MEMBER OR AUXILIARY MEMBER OVER THE AGE OF SIXTEEN
YEARS, BUT UNDER THE AGE OF EIGHTEEN YEARS, SHALL BE PERMITTED TO ASSIST
IN ANY RAFFLE CONDUCTED PURSUANT TO THIS SECTION, IF ACCOMPANIED BY AN
ADULT.
§ 5. Subdivision 3 of section 194 of the general municipal law, as
amended by chapter 550 of the laws of 1994, is amended to read as
follows:
3. [Service of alcoholic beverages.] Subject to the applicable
provisions of the alcoholic beverage control law, beer AND WINE may be
offered for sale during the conduct of games of chance on games of
chance premises as such premises are defined in subdivision nineteen of
section one hundred eighty-six of this article; provided, however, that
nothing herein shall be construed to limit the offering for sale of any
other alcoholic beverage in areas other than the games of chance prem-
ises or the sale of any other alcoholic beverage in premises where only
the games of chance known as bell jar or raffles are conducted.
§ 6. 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.
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§ 7. 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 MEMBER OR AUXILIARY MEMBER
WHO IS UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE
OR OLDER SHALL BE PERMITTED TO ASSIST IN THE OPERATION OF ANY GAME OF
CHANCE IF ACCOMPANIED BY AN ADULT.
§ 8. 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 SUNDAY, Monday,
Tuesday, Wednesday and Thursday, and only between the hours of noon on
Friday and two A.M. Saturday, and only between the hours of noon on
Saturday and two A.M. Sunday. The two A.M. closing period shall also
apply to a legal holiday. The above restrictions shall not apply when
only the games of chance known as bell jar and/or raffle are conducted.
§ 9. Section 195-c of the general municipal law, as amended by chapter
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
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
A. 3280 5
accounting services according to a schedule of compensation prescribed
by the board, janitorial services and utility supplies if any, and
license fees, and the cost of bus transportation, if authorized by such
clerk or department. No commission, salary, compensation[,] OR reward
[or recompense] shall be paid or given to any person for the sale or
assisting with the sale of raffle tickets.
2. For the purpose of the sale of tickets for the game of raffle, the
term "operate" shall not include the sale of such tickets by persons of
lineal or collateral consanguinity to members of an authorized organiza-
tion licensed to conduct a raffle.
§ 10. Section 195-e of the general municipal law, as amended by
section 14 of part MM of chapter 59 of the laws of 2017, 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,
through the internet or television as may be regulated by the rules and
regulations of the commission. When an organization is licensed or
authorized to conduct games of chance on the 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. Addi-
tional signs may be displayed upon any firefighting or ambulance equip-
ment belonging to any licensed authorized organization that is a volun-
teer fire company, volunteer ambulance corps or upon any equipment of a
first aid or rescue squad OR VOLUNTEER AMBULANCE COMPANY in and through-
out the community served by such volunteer fire company, volunteer ambu-
lance corps 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, the prizes offered and the date, location and time of the
event.
§ 11. Subdivisions 10 and 11-a of section 476 of the general municipal
law, subdivision 10 as amended by chapter 364 of the laws of 1968 and
subdivision 11-a as added by chapter 160 of the laws of 1994, are
amended and a new subdivision 4-a is added to read as follows:
4-A. "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
TION OR ASSOCIATION WHICH IS AUXILIARY TO AN AUTHORIZED ORGANIZATION
LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU-
ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN-
IZATION OR ASSOCIATION WHICH IS AFFILIATED WITH AN AUTHORIZED
ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
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.
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11-a. "Early bird" shall mean a bingo game which is played as a
special game, conducted not more than [twice] THREE TIMES during a bingo
occasion, in which prizes are awarded based upon a percentage not to
exceed seventy-five percent of the sum of money received from the sale
of the early bird cards and which is neither subject to the prize limits
imposed by subdivisions five and six of section four hundred seventy-
nine and paragraph (a) of subdivision one of section four hundred eight-
y-one, nor the special game opportunity charge limit imposed by section
four hundred eighty-nine of this article. The percentage shall be speci-
fied both in the application for bingo license and the license. Not more
than [one dollar] TWO DOLLARS shall be charged per card with the total
amount collected from the sale of the early bird cards and the prize for
each game to be announced before the commencement of each game.
§ 12. Subdivisions 3 and 7 of section 479 of the general municipal
law, subdivision 3 as amended by chapter 337 of the laws of 1998 and
subdivision 7 as amended by chapter 814 of the laws of 1964, are amended
to read as follows:
3. No authorized organization licensed under the provisions of this
article shall purchase, lease, or receive any supplies or equipment
specifically designed or adapted for use in the conduct of bingo games
from other than a supplier licensed under [the bingo control law] ARTI-
CLE NINETEEN-B OF THE EXECUTIVE LAW or from another authorized organiza-
tion.
7. No person except a bona fide member OR AUXILIARY MEMBER of any such
organization shall participate in the management or operation of such
game.
§ 13. Subdivision 3 of section 481 of the general municipal law, as
amended by chapter 284 of the laws of 1969, is amended to read as
follows:
3. No license shall be issued under this article which shall be effec-
tive for a period of more than one year. In the case of limited period
bingo, no license shall be issued authorizing the conduct of such games
on more than [two] THREE occasions in any one day nor shall any license
be issued under this article which shall be effective for a period of
more than [seven] TEN of [twelve] FOURTEEN consecutive days in any one
year. No license for the conduct of limited period bingo shall be issued
in cities having a population of one million or more.
§ 14. 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.
§ 15. Section 485 of the general municipal law, as amended by chapter
438 of the laws of 1962, is amended to read as follows:
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§ 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.
§ 16. Section 486 of the general municipal law, as amended by section
6 of part MM of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 486. Participation by persons under the age of 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 arti-
cle. No person under the age of eighteen years shall be permitted to
conduct, operate or assist in the conduct of any game of bingo conducted
pursuant to any license issued pursuant to this article. 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 bingo conducted pursuant to any license pursuant to this
article; PROVIDED, HOWEVER, THAT A MEMBER OR AUXILIARY MEMBER WHO IS
UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE OR OLDER
SHALL BE PERMITTED TO ASSIST IN THE CONDUCT OF ANY GAME OF BINGO IF
ACCOMPANIED BY AN ADULT.
§ 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 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
A. 3280 8
compensation therefor by the licensee. Lease terms and conditions shall
be subject to rules and regulations promulgated by the board. This arti-
cle shall not be construed to authorize or permit an authorized organ-
ization to engage in the business of leasing bingo supplies or equip-
ment. No items of expense shall be incurred or paid in connection with
the conducting of any game of bingo pursuant to any license issued under
this article, except those that are reasonable and are necessarily
expended for bingo supplies and equipment, prizes, stated rental if any,
bookkeeping or accounting services according to a schedule of compen-
sation prescribed by the commission, janitorial services and utility
supplies if any, and license fees, and the cost of bus transportation,
if authorized by the control commission.
§ 19. Section 490 of the general municipal law, as amended by section
8 of part MM of chapter 59 of the laws of 2017, 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, 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 author-
ized organization, and through the internet or television as may be
regulated by the rules and regulations of the commission. When an organ-
ization is licensed to conduct bingo occasions on the premises of anoth-
er licensed authorized organization 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 or ambulance equipment belonging to any
licensed authorized organization which is a volunteer fire company,
volunteer ambulance corps 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, volunteer ambulance corps 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 bingo occasions, the license number of the authorized
organization as assigned by the clerk; the prizes offered and the date,
location and time of the bingo occasion.
§ 20. 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-
A. 3280 9
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.
§ 21. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.