NY State Senate Bill 2023-S6022

Senate Bill S6022

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to racing, gaming and wagering
Mar 27, 2023	referred to racing, gaming and wagering

co-Sponsors

2023-S6022 (ACTIVE) - Details

See Assembly Version of this Bill:: A4814
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: General Municipal Law
Laws Affected:: Amd Gen Muni L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10309
2013-2014: A4150
2015-2016: A1505
2017-2018: A899
2019-2020: A3280
2021-2022: A1402

2023-S6022 (ACTIVE) - Summary

Eases certain restrictions on the conducting of games of chance for charitable purposes; authorizes auxiliary members of authorized organizations to operate games of chance; authorizes conducting of games of chance on Sundays; expands advertising of games of chance

2023-S6022 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6022

SPONSOR: ADDABBO
 
TITLE OF BILL:

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

 
PURPOSE:

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

Second, to update the provisions that governs the conduct of bingo games
in New York. Article 14-H of the General Municipal Law was first codi-

fied in 1957 and has not been substantially modernized since that date.
The operation of bingo games raises significant funds for not-for-profit
organizations that help to support their charitable purposes. However,
again, the light year changes that have occurred in lifestyles and
entertainment venues since the late 1950's has substantially curtailed
the amount' of bingo money raised by charitable organizations to Support
their charitable purposes.

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

 
SUMMARY OF PROVISIONS:

The first 12 sections of this bill modernize the conduct and management
of games of chance. Sections 13 through 22 modernize the regulation of
bingo games.

Games of Chance Reforms:

Section 1: Amends General Municipal Law section 186 to up-date 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.  Among
the definitions that are modified is the inclusion of the term "auxilia-
ry member". This definition is currently included in the law, but is
buried in the body of the General Municipal Law. In addition, it changes
the definition of "one occasion" to increase the series of prize limits
from $3,000 to $10,000.

Section 2: Amends General Municipal Law section 189 to permit auxiliary
members of a charitable organization to participate in the management
and operation of such games. This provision was added to reflect the
current problem that charitable organizations are facing in securing
volunteers to manage and conduct games of chance. This provision also
increases a single prize limit from $300 to $400, except for raffles
which increased from $250 to $300. For a series of prizes, the values
increase from $400 td $500 to reflect the devaluation of the prizes due
to inflation. The prize limits set in this section were established in
1976. With inflation since 1976, the prize values have been devalued
substantially over the past 35 years.

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

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

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

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

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

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


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

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

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

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

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

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

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

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

Section 17: Amends General Municipal Law section 486 to permit those who
are 16 to 18 years old, who are members or auxiliary members of the
sponsoring charitable organization, to help conduct games of, bingo as
long as they are accompanied by an adult. Under current law, children
can participate in bingo games as long as they are accompanied by an
adult. This bill will increase the pool of volunteers that could help to
conduct bingo games, provide assistance at the snack stand and handout
bingo cards. Since 1957, the world has changed. With the expanded used
of the internet, internet gambling, and questionable material that is
readily available to children on the Internet, it seems outdated that
teenagers between the ages of 16 and 18 are prohibited from assisting
their parents or other adults in passing out bingo cards to game partic-
ipants. In today's society, there are probably much worse things that a
teenager could be doing than helping a charitable organization conduct a
bingo game in a church basement, firehouse, or fraternal lodge.

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

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

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

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

Section 22: Effective Date.

 
JUSTIFICATION:

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

As with games of chance, the conduct of bingo games, in the past, has
raised substantial revenue to support the charitable purposes of those
organizations that conduct. such games. However, the, total amount
wagered and more importantly the profit that is retained by these chari-
table organizations has been steadily declining. In 2000, total bingo
handle generated in New York was $178,011,000, however in 2010 that
total handle declined by $104,000,000 to a total of $74,000,000. More
importantly, the profits generated by bingo games have imploded from
$38,047,000 in 2000 to $10,800,000 in 2010. That is an annual reduction
in support for New York's charitable organizations of $27,200,000.

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

Second, the means of advertising bingo games needs to be modernized to
include those foams of communication that are more commonly used now,
i.e. the Internet. Another reason to encourage the financial viability
of charitable gaming is that it is an .inexpensive night out and social
event for many members of the community, including senior citizens,
members of charitable or fraternal organizations, school groups, and
their friends, neighbors and families. In these difficult economic
times, it is important to retain social venues in which members of.a
community can gather to participate in a regularly scheduled, but
reasonably priced, event. The cost to participate in games such as bingo
is minimal, but for many, it is a regularly scheduled community event
that all can participate in.

 
LEGISLATIVE HISTORY:

2021-2022 a1402 referred to racing & wagering

2019-2020 referred to racing and wagering

2017/2018 referred to racing and wagering

 
FISCAL IMPLICATIONS:

None.

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

2023-S6022 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6022
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 AN ACT to amend the general municipal law, in relation to the conducting
   of games of chance and bingo by certain organizations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 4 and 14 of section 186 of the general munici-
 pal law, subdivision 4 as amended by chapter 476 of the laws of 2018 and
 subdivision 14 as amended by chapter  531  of  the  laws  of  2011,  are
 amended and a new subdivision 4-a is added to read as follows:
   4.  "Authorized  organization"  shall  mean  and include any bona fide
 religious or charitable organization or bona fide educational, fraternal
 or service organization or bona fide organization of veterans or  volun-
 teer  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 immediately prior to applying
 for a license under this article.
   No organization shall be deemed an authorized  organization  which  is
 formed primarily for the purpose of conducting games of chance and which
 does not devote at least seventy-five percent of its activities to other
 than  conducting  games of chance. No political party shall be deemed an
 authorized organization.
   4-A. "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN  ORGANIZA-
 TION  OR  ASSOCIATION  WHICH  IS AUXILIARY TO AN AUTHORIZED ORGANIZATION
 LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
 TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED  PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09498-01-3

 S. 6022                             2
 
 ANT  TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN-
 IZATION  OR  ASSOCIATION  WHICH  IS  AFFILIATED   WITH   AN   AUTHORIZED
 ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
 IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
   14.  "One  occasion"  shall  mean the successive operations of any one
 single type of game of chance which results in the awarding of a  series
 of  prizes  amounting  to  five  hundred dollars or four hundred dollars
 during any one license period, in  accordance  with  the  provisions  of
 subdivision eight of section one hundred eighty-nine of this article, as
 the  case may be. For purposes of the game of chance known as a merchan-
 dise wheel or a raffle, "one occasion" shall mean the  successive  oper-
 ations  of  any one such merchandise wheel or raffle for which the limit
 on a series of prizes provided by subdivision six of section one hundred
 eighty-nine of this article shall apply. For purposes  of  the  game  of
 chance  known  as  a  bell jar, "one occasion" shall mean the successive
 operation of any one such bell jar, seal card, event game,  coin  board,
 or merchandise board which results in the awarding of a series of prizes
 amounting  to [three] TEN thousand dollars. For the purposes of the game
 of chance known as raffle "one occasion"  shall  mean  a  calendar  year
 during which successive operations of such game are conducted.
   § 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
 S. 6022                             3
 
 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].
   §  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. 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.
   § 6. 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
 S. 6022                             4

 OR  OLDER  SHALL  BE PERMITTED TO ASSIST IN THE OPERATION OF ANY GAME OF
 CHANCE IF ACCOMPANIED BY AN ADULT.
   § 7. 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.
   § 8. 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
 accounting services according to a schedule of  compensation  prescribed
 by  the  board,  janitorial  services  and  utility supplies if any, and
 license fees, and the cost of bus transportation, if authorized by  such
 clerk  or  department.  No commission, salary, compensation[,] OR reward
 [or recompense] shall be paid or given to any person  for  the  sale  or
 assisting with the sale of raffle tickets.
   2.  For the purpose of the sale of tickets for the game of raffle, the
 term "operate" shall not include the sale of such tickets by persons  of
 lineal or collateral consanguinity to members of an authorized organiza-
 tion licensed to conduct a raffle.
 S. 6022                             5
 
   § 9. 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.
   § 10. 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.
   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
 S. 6022                             6
 
 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.
   §  11.    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.
   § 12. 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.
   §  13.  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.
   § 14. 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.
   § 15. 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:
 S. 6022                             7
 
   § 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.
   §  16. 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.
   §  17.  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
 S. 6022                             8
 
 supplies if any, and license fees, and the cost of  bus  transportation,
 if authorized by the control commission.
   §  18. 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.
   §  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6022

Share this bill

Sponsored By

Joseph P. Addabbo Jr.