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This entry was published on 2019-04-19
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Powers and duties of the commission
Executive (EXC) CHAPTER 18, ARTICLE 19-B
§ 435. Powers and duties of the commission. 1. The commission shall
have the power and it shall be its duty to:

(a) Supervise the administration of the bingo licensing law and adopt,
amend and repeal rules and regulations governing the issuance and
amendment of licenses thereunder and the conducting of games under such
licenses, which rules and regulations shall have the force and effect of
law and shall be binding upon all municipalities issuing licenses, and
upon licensees thereunder and licensees of the commission, to the end
that such licenses shall be issued to qualified licensees only and that
said games shall be fairly and properly conducted for the purposes and
in the manner in the said bingo licensing law prescribed and to prevent
the games thereby authorized to be conducted from being conducted for
commercial purposes or purposes other than those therein authorized,
participated in by criminal or other undesirable elements and the funds
derived from the games being diverted from the purposes authorized, and,
to provide uniformity in the administration of said law throughout the
state, the commission shall prescribe forms of application for licenses,
licenses, amendment of licenses, reports of the conduct of games and
other matters incident to the administration of such law;

(b) Conduct, anywhere within the state, investigations of the
administration, enforcement and potential or actual violations of the
bingo licensing law and of the rules and regulations of the commission;

(c) Review all determinations and actions of the municipal governing
body in issuing an initial license, and it may review the issuance of
subsequent licenses and, after hearing, revoke those licenses which do
not in all respects meet the requirements of this article, article
fourteen-h of the general municipal law and the rules and regulations of
the commission;

(d) Suspend or revoke a license, after hearing, for any violation of
the provisions of this article, article fourteen-h of the general
municipal law or the rules and regulations of the commission;

(e) Hear appeals from the determinations and action of the municipal
governing body in connection with the refusing to issue licenses, the
suspension and revocation of licenses and the imposition of fines in the
manner prescribed by law and the action and determination of the
commission upon any such appeal shall be binding upon the municipal
governing body and all parties thereto;

(f) Initiate prosecutions for violations of this article and of the
bingo licensing law;

(g) Carry on continuous study of the operation of the bingo licensing
law to ascertain from time to time defects therein jeopardizing or
threatening to jeopardize the purposes of this article, and to formulate
and recommend changes in such law and in other laws of the state which
the commission may determine to be necessary for the realization of such
purposes, and to the same end to make a continuous study of the
operation and administration of similar laws which may be in effect in
other states of the United States.

(h) Supervise the disposition of all funds derived from the conduct of
bingo by authorized organizations not currently licensed to conduct such

(i) Issue an identification number to an applicant authorized
organization if it shall determine that the applicant satisfies the
requirements of the bingo licensing law and the rules and regulations.

2. (a) The commission shall have the power to issue or, after hearing,
refuse to issue a license permitting a person, firm or corporation to
sell or distribute to any other person, firm or corporation engaged in
business as a wholesaler, jobber, distributor or retailer of all cards,
boards, sheets, pads and all other supplies, devices and equipment
designed for use in the play of bingo by an organization duly licensed
to conduct bingo games or to sell or distribute any such materials
directly to such an organization. For the purposes of this section the
words "sell or distribute" shall include, but shall not be limited to,
the following activities; offering for sale, receiving, handling,
maintaining, storing the same on behalf of such an organization,
distributing or providing the same to such an organization, and offering
for sale or lease bingo devices and equipment. Each such license shall
be valid for one year.

(b) No person, firm or corporation, other than an organization that is
or has been during the preceding twelve months duly licensed to conduct
bingo games, shall sell or distribute bingo supplies or equipment
without having first obtained a license therefor upon a written or
electronic application made, verified and filed with the commission in
the form prescribed by the rules and regulations of the commission. As a
part of its determination concerning the applicant's suitability for
licensing as a bingo supplier, the commission shall require the
applicant to furnish to such board two sets of fingerprints. Such
fingerprints shall be submitted to the division of criminal justice
services for a state criminal history record check, as defined in
subdivision one of section three thousand thirty-five of the education
law, and may be submitted to the federal bureau of investigation for a
national criminal history record check. In each such application for a
license under this section shall be stated the name and address of the
applicant; the names and addresses of its officers, directors,
shareholders or partners; the amount of gross receipts realized on the
sale or distribution of bingo supplies and equipment to duly licensed
organizations during the last preceding calendar or fiscal year, and
such other information as shall be prescribed by such rules and
regulations. The fee for such license shall be a sum equal to
twenty-five dollars plus an amount based upon the gross sales, if any,
of bingo equipment and supplies to authorized organizations by the
applicant during the preceding calendar year, or fiscal year if the
applicant maintains his or her accounts on a fiscal year basis, and
determined in accordance with the following schedule:

gross sales of $1,000 to $4,999................$10.00

gross sales of $5,000 to $19,999...............$50.00

gross sales of $20,000 to $49,999.............$200.00

gross sales of $50,000 to $100,000............$500.00

gross sales in excess of $100,000...........$1,000.00

(c) The following shall be ineligible for such a license:

(1) a person convicted of a crime if there is a direct relationship
between one or more of the previous criminal offenses and the integrity
and safety of bingo, considering the factors set forth in article
twenty-three-A of the correction law;

(2) a person who is or has been a professional gambler or gambling
promoter or who for other reasons is not of good moral character;

(3) a public officer or employee;

(4) an operator or proprietor of a commercial hall duly licensed under
the bingo licensing law;

(5) a firm or corporation in which a person defined in clause (1),
(2), (3) or (4) of this paragraph, or a person married or related in the
first degree to such a person, has greater than a ten percent
proprietary, equitable or credit interest or in which such a person is
active or employed.

(d) The control commission shall have power to examine or cause to be
examined the books and records of any applicant for a license, or any
licensee, under this section. Any information so received shall not be
disclosed except so far as may be necessary for the purpose of carrying
out the provisions of this article and article fourteen-h of the general
municipal law.

(e) Any solicitation of an organization licensed to conduct bingo
games, to purchase or induce the purchase of bingo supplies and
equipment, or any representation, statement or inquiry designed or
reasonably tending to influence such an organization to purchase the
same, other than by a person licensed or otherwise authorized pursuant
to this section shall constitute a violation of this section.

(f) Any person who willfully shall make any material false statement
in any application for a license authorized to be issued under this
article or who willfully shall violate any of the provisions of this
section or of any license issued hereunder shall be guilty of a
misdemeanor and, in addition to the penalties in such case made and
provided, shall forfeit any license issued to him or it under this
section and be ineligible to apply for a license under this section for
one year thereafter.

(g) At the end of the license period, a recapitulation shall be made
as between the licensee and the commission in respect of the gross sales
actually recorded during the license period and the fee paid therefor,
and any deficiency of fee thereby shown to be due shall be paid by the
licensee and any excess of fee thereby shown to have been paid shall be
credited to said licensee in such manner as the commission by the rules
and regulations shall prescribe.

3. The commission shall have the power to approve and establish a
standard set of bingo cards comprising a consecutively numbered series
and shall by its rules and regulations prescribe the manner in which
such cards are to be reproduced and distributed to licensed authorized
organizations. The sale or distribution to a licensed authorized
organization of any card or cards other than those contained in the
standard set of bingo cards shall constitute a violation of this
section. Licensed authorized organizations shall not be required to use
nor to maintain such cards seriatim excepting that the same may be
required in the conduct of limited period bingo games.