Legislation

Search OpenLegislation Statutes
This entry was published on 2019-01-11
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 186
Definitions
General Municipal (GMU) CHAPTER 24, ARTICLE 9-A
§ 186. Definitions. As used in this article, the following terms shall
have the following meanings:

1. "Municipality" shall mean any city, town or village within this
state.

2. "Board" shall mean New York state gaming commission created
pursuant to section one hundred two of the racing, pari-mutuel wagering
and breeding law.

3. "Games of chance" shall mean and include only the games known as
"merchandise wheels", "coin boards", "merchandise boards", "seal cards",
"event games", "raffles", and "bell jars" and such other specific games
as may be authorized by the board, in which prizes are awarded on the
basis of a designated winning number or numbers, color or colors, symbol
or symbols determined by chance, but not including games commonly known
as "bingo or lotto" which are controlled under article fourteen-H of
this chapter and also not including "bookmaking", "policy or numbers
games" and "lottery" as defined in section 225.00 of the penal law. No
game of chance shall involve wagering of money by one player against
another player.

3-a. "Bell jars" shall mean and include those games in which a
participant shall draw a card from a jar, vending machine, or other
suitable device or container which contains numbers, colors or symbols
that are covered and which, when uncovered, may reveal that a prize
shall be awarded on the basis of a designated winning number, color or
symbol or combination of numbers, colors or symbols. Bell jars shall
also include seal cards, coin boards, event games, and merchandise
boards.

3-b. "Raffle" shall mean and include those games of chance in which a
participant pays money in return for a ticket or other receipt and in
which a prize is awarded on the basis of a winning number or numbers,
color or colors, or symbol or symbols designated on the ticket or
receipt, determined by chance as a result of:

(a) a drawing from among those tickets or receipts previously sold; or

(b) a random event, the results of which correspond with tickets or
receipts previously sold.

3-c. "Coin board" and "merchandise board" shall mean a board used in
conjunction with bell jar tickets which contains and displays various
coins and/or merchandise as prizes. A player having a bell jar ticket
with a number matching a pre-designated number reflected on the board
for a prize wins that prize.

3-d. "Seal cards" shall mean a board or placard used in conjunction
with a deal of the same serial number which contains one or more
concealed areas that, when removed or opened, reveal a predesignated
winning number, letter, or symbol located on the board or placard. A
seal card used in conjunction with an event game shall not be required
to contain lines for prospective seal winners to sign their name.

3-e. "Event game" shall mean a bell jar game in which certain winners
are determined by the random selection of one or more bingo numbers, the
use of a seal card or by another method approved by the board.

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 firefighters, 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.

5. "Lawful purposes" shall mean one or more of the following causes,
deeds or activities:

(a) Those which shall benefit needy or deserving persons indefinite in
number by enhancing their opportunity for religious or educational
advancement, by relieving them from disease, suffering or distress, or
by contributing to their physical wellbeing, by assisting them in
establishing themselves in life as worthy and useful citizens, or by
increasing their comprehension of and devotion to the principles upon
which this nation was founded and enhancing their loyalty to their
governments.

(b) Those which shall initiate, perform or foster worthy public works
or shall enable or further the erection or maintenance of public
structures.

(c) Those that otherwise lessen the burdens borne by government or
that are voluntarily undertaken by an authorized organization to augment
or supplement services which government would normally render to the
people, including, in the case of volunteer firefighters or voluntary
emergency medical service activities, the purchase, erection or
maintenance of a building for a firehouse or a volunteer ambulance corps
building, activities open to the public for the enhancement of
membership and the purchase of equipment that can reasonably be expected
to increase the efficiency of response to fires, accidents, medical
emergencies, public calamities and other emergencies.

d. Those which shall initiate, perform or foster the provisions of
services to veterans by encouraging the gathering of such veterans and
shall enable or further the erection or maintenance of facilities for
use by such veterans which shall be used primarily for charitable or
patriotic purposes, or those purposes which shall be authorized by a
bona fide organization of veterans, provided however that such proceeds
are disbursed pursuant to section one hundred eighty-nine of this
article.

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
actually expended for 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, if authorized by the clerk or
department and (b) in relation to the gross rent received by an
authorized 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.

7. "Net lease" shall mean a written agreement between a lessor and
lessee under the terms of which the lessee is entitled to the
possession, use or occupancy of the whole or part of any premises from
any non-commercial or non-profit authorized games of chance lessor for
which the lessee pays rent to the lessor and likewise undertakes to pay
substantially all of the regularly recurring expenses incident to the
operation and maintenance of such leased premises.

8. "Authorized games of chance lessor" shall mean an authorized
organization which has been granted a lessor's license pursuant to the
provisions of this article or a municipality.

9. "Single type of game" shall mean the games of chance known as
merchandise wheels, coin boards, merchandise boards, event games,
raffles, and bell jars and each other specific game of chance authorized
by the board.

10. "Operation" shall mean the play of a single type of game of chance
necessary to determine the outcome or winners each time wagers are made.
A single drawing of a winning ticket or other receipt in a raffle shall
be deemed one operation.

11. "Single prize" shall mean the sum of money or fair market value of
merchandise or coins awarded to a participant by a games of chance
licensee in any one operation of a single type of game of chance in
excess of his wager.

12. "Series of prizes" shall mean the total amount of single prizes
minus the total amount of wagers lost during the successive operations
of a single type of game of chance, except that for merchandise wheels
and raffles, "series of prizes" shall mean the sum of cash and the fair
market value of merchandise awarded as single prizes during the
successive operations of any single merchandise wheel or raffle. In the
game of raffle, a series of prizes may include a percentage of the sum
of cash received from the sale of raffle tickets.

13. "Authorized supplier of games of chance equipment" shall mean any
person, firm, partnership, corporation or organization licensed by the
board to sell or lease games of chance equipment or paraphernalia which
meets the specifications and regulations established by the board.
Nothing herein shall prevent an authorized organization from purchasing
common articles, such as cards and dice, from normal sources of supply
of such articles or from constructing equipment and paraphernalia for
games of chance for its own use. However, no such equipment or
paraphernalia, constructed or owned by an authorized organization shall
be sold or leased to any other authorized organization, without written
permission from the board.

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
merchandise wheel or a raffle, "one occasion" shall mean the successive
operations 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 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.

15. "License period" shall mean a period of time not to exceed
fourteen consecutive hours and, for purposes of the game of chance known
as a bell jar and a raffle, "license period" shall mean a period of time
running from January first to December thirty-first of each year.

16. "Clerk" shall mean the clerk of a municipality outside the city of
New York.

17. "Officer" shall mean the chief law enforcement officer of a
municipality outside the city of New York, or if such municipality
exercises the option set forth in subdivision two of section one hundred
ninety-four of this article, the chief law enforcement officer of the
county.

18. "Department" shall mean the New York City Department of Consumer
Affairs.

19. "Premises" shall mean a designated area within a building, hall,
tent, or grounds reasonably identified for the conduct of games of
chance. Nothing herein shall require such area to be enclosed.

20. "Games of chance currency" shall mean legal tender or a form of
scrip or chip authorized by the board, except for games known as
"raffles" whereby payment shall mean legal tender, credit or debit card
or personal check, any of which may be used at the discretion of the
games of chance licensee.

21. "Flare" shall mean a poster description of the bell jar game,
which shall include a declaration of the number of winners and amount of
prizes in each deal, the number of prizes available in the deal, the
number of tickets in each deal which contain the stated prize; the
manufacturer's game form number, and the serial number of the deal which
shall be identical to the serial number imprinted on each ticket
contained in the deal.