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This entry was published on 2014-09-22
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SECTION 190
Application for license
General Municipal (GMU) CHAPTER 24, ARTICLE 9-A
§ 190. Application for license. 1. To conduct games of chance. (a)
Each applicant for a license shall, after obtaining an identification
number from the board, file with the clerk or department, a written
application therefor in a form to be prescribed by the board, duly
executed and verified, in which shall be stated:

(1) the name and address of the applicant together with sufficient
facts relating to its incorporation and organization to enable such
clerk or department, as the case may be, to determine whether or not it
is a bona fide authorized organization;

(2) the names and addresses of its officers; the place or places
where, the date or dates and the time or times when the applicant
intends to conduct games under the license applied for;

(3) the amount of rent to be paid or other consideration to be given
directly or indirectly for each licensed period for use of the premises
of an authorized games of chance lessor;

(4) all other items of expense intended to be incurred or paid in
connection with the holding, operating and conducting of such games of
chance and the names and addresses of the persons to whom, and the
purposes for which, they are to be paid;

(5) the purposes to which the entire net proceeds of such games are to
be devoted and in what manner; that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such game
or games or for assisting therein except as in this article otherwise
provided; and such other information as shall be prescribed by such
rules and regulations.

(6) the name of each single type of game of chance to be conducted
under the license applied for and the number of merchandise wheels and
raffles, if any, to be operated.

(b) In each application there shall be designated not less than four
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.

2. Authorized games of chance lessor: Each applicant for a license to
lease premises to a licensed organization for the purposes of conducting
games of chance therein shall file with the clerk or department, a
written application therefor in a form to be prescribed by the board
duly executed and verified, which shall set forth the name and address
of the applicant; designation and address of the premises intended to be
covered by the license sought; a statement that the applicant in all
respects conforms with the specifications contained in the definition of
"authorized organization" set forth in section one hundred eighty-six of
this article; a statement of the lawful purposes to which the net
proceeds from any rental are to be devoted by the applicant, and such
other information as shall be prescribed by the board.

3. In counties outside the city of New York, municipalities may,
pursuant to section one hundred eighty-eight of this article, adopt an
ordinance providing that an authorized organization having obtained an
identification number from the board and having applied for no more than
one license to conduct games of chance during the period not less than
twelve nor more than eighteen months immediately preceding may file with
the clerk or department a summary application in a form to be prescribed
by the board duly executed and verified, containing the names and
addresses of the applicant organization and its officers, the date, time
and place or places where the applicant intends to conduct games under
the license applied for, the purposes to which the entire net proceeds
of such games are to be devoted and the information and statement
required by paragraph (b) of subdivision one of this section in lieu of
the application required under subdivision one of this section.

4. Notwithstanding and in lieu of the licensing requirements set forth
in this article, an authorized organization defined in subdivision four
of section one hundred eighty-six of this article may file a verified
statement, for which no fee shall be required, with the clerk or
department and the board attesting that such organization shall derive
net proceeds or net profits from raffles in an amount less than thirty
thousand dollars during one occasion or part thereof at which raffles
are to be conducted. Such statement shall be on a single page form
prescribed by the board and shall be deemed a license to conduct
raffles: (a) under this article; and (b) within the municipalities in
which the authorized organization are domiciled which have passed a
local law, ordinance or resolution in accordance with sections one
hundred eighty-seven and one hundred eighty-eight of this article
approving the conduct of games of chance, and in municipalities which
have passed a local law, ordinance or resolution in accordance with
sections one hundred eighty-seven and one hundred eighty-eight of this
article approving the conduct of games of chance that are located in the
county in which the municipality issuing the license is located and in
the counties which are contiguous to the county in which the
municipality issuing the raffle license is located, provided those
municipalities have authorized the licensee, in writing, to sell such
raffle tickets therein. An organization that has filed a verified
statement with the clerk or department and the board attesting that such
organization shall derive net proceeds or net profits from raffles in an
amount less than thirty thousand dollars during one occasion or part
thereof that in fact derives net proceeds or net profits exceeding
thirty thousand dollars during any one occasion or part thereof shall be
required to obtain a license as required by this article and shall be
subject to the provisions of section one hundred ninety-five-f of this
article.