Assembly Bill A4390

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4390
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. STIRPE, BLANKENBUSH, DiPIETRO, HAWLEY, PALMESANO
   -- read once and referred to the Committee on Racing and Wagering
 
 AN ACT to amend the general municipal law, in relation to  employees  of
   authorized organizations operating games of chance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 10 and 11 of section 189 of the general munic-
 ipal law, as amended by chapter 574 of the laws of 1978, are amended  to
 read as follows:
   10.  No  person  except a bona fide member OR EMPLOYEE of the licensed
 authorized organization shall participate  in  the  management  of  such
 games;  no  person except a bona fide member OR EMPLOYEE of the licensed
 authorized organization, its auxiliary or affiliated organization, shall
 participate in the operation of such game, as set forth in  section  one
 hundred ninety-five-c of this article.
   11.  No  person  OTHER THAN AN EMPLOYEE shall receive any remuneration
 for participating in the management or operation of any such game.
   § 2. Section 195-c of the general municipal law, as amended by chapter
 252 of the laws of 1998, is amended to read as follows:
   § 195-c. [1.] Persons operating games;  equipment;  expenses;  compen-
 sation.  1. No person shall operate any game of chance under any license
 issued  under  this article except a bona fide member OR EMPLOYEE of the
 authorized organization to which the license is issued, or a  bona  fide
 member  OR EMPLOYEE of an organization or association which is an auxil-
 iary to the licensee or a bona fide member OR EMPLOYEE of  an  organiza-
 tion  or  association  of  which such licensee is an auxiliary or a bona
 fide member OR EMPLOYEE of  an  organization  or  association  which  is
 affiliated  with  the  licensee  by being, with it, auxiliary to another
 organization or association. Nothing herein shall be construed to  limit
 the  number of games of chance licensees for whom such persons may oper-
 ate games of chance nor to prevent  non-members  OR  NON-EMPLOYEES  from
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05671-01-1

 A. 4390                             2
 
 assisting  the licensee in any activity other than managing or operating
 games. No game of chance shall be conducted with  any  equipment  except
 such  as  shall  be  owned  or  leased by the authorized organization so
 licensed  or  used  without  payment of any compensation therefor by the
 licensee. However, in no event shall bell  jar  tickets  be  transferred
 from  one authorized organization to another, with or without payment of
 any compensation thereof. The head or heads of the authorized  organiza-
 tion  shall upon request certify, under oath, that the persons operating
 any game of chance are bona fide members OR EMPLOYEES of such authorized
 organization, auxiliary or affiliated organization. Upon request  by  an
 officer  or  the  department  any  such person involved in such games of
 chance shall certify that he or she has no criminal record. No items  of
 expense  shall  be incurred or paid in connection with the conducting of
 any game of chance pursuant to any license  issued  under  this  article
 except  those that are reasonable and are necessarily expended for games
 of chance supplies and equipment,  prizes,  security  personnel,  stated
 rental  if any, bookkeeping or accounting services according to a sched-
 ule of compensation prescribed by the  board,  janitorial  services  and
 utility supplies if any, and license fees, and the cost of bus transpor-
 tation,  if authorized by such clerk or department. No commission, sala-
 ry, compensation, reward or recompense shall be paid  or  given  to  any
 person OTHER THAN AN EMPLOYEE for the sale or assisting with the sale of
 raffle tickets.
   2.  For the purpose of the sale of tickets for the game of raffle, the
 term "operate" shall not include the sale of such tickets by persons  of
 lineal or collateral consanguinity to members of an authorized organiza-
 tion licensed to conduct a raffle.
   § 3. This act shall take effect immediately.