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This entry was published on 2019-04-19
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SECTION 191
Investigation; matters to be determined; issuance of license; fees; duration of license
General Municipal (GMU) CHAPTER 24, ARTICLE 9-A
§ 191. Investigation; matters to be determined; issuance of license;
fees; duration of license. 1. The clerk or department shall make an
investigation of the qualifications of each applicant and the merits of
each application, with due expedition after the filing of the
application.

(a) Issuance of licenses to conduct games of chance. If such clerk or
department determines:

(i) that the applicant is duly qualified to be licensed to conduct
games of chance under this article;

(ii) that the member or members of the applicant designated in the
application to manage games of chance are bona fide active members of
the applicant and are persons of good moral character and have never
been convicted of a crime if there is a direct relationship between one
or more of the previous criminal offenses and the integrity or safety of
charitable gaming, considering the factors set forth in article
twenty-three-A of the correction law;

(iii) that such games are to be conducted in accordance with the
provisions of this article and in accordance with the rules and
regulations of the gaming commission and applicable local laws or
ordinances and that the proceeds thereof are to be disposed of as
provided by this article; and

(iv) that no commission, salary, compensation, reward or recompense
whatever will be paid or given to any person managing, operating or
assisting therein except as in this article otherwise provided; then
such clerk or department shall issue a license to the applicant for the
conduct of games of chance upon payment of a license fee of twenty-five
dollars for each license period.

(b) Issuance of licenses to authorized games of chance lessors. If
such clerk or department shall determine that the applicant seeking to
lease premises for the conduct of games of chance to a games of chance
licensee is duly qualified to be licensed under this article; that the
applicant satisfies the requirements for an authorized organization as
defined in section one hundred eighty-six of this article; that the
applicant has filed its proposed rent for each license period and that
the clerk or department has approved the proposed rent as fair and
reasonable; that the net proceeds from any rental will be devoted to the
lawful purposes of the applicant; that there is no diversion of the
funds of the proposed lessee from the lawful purposes as defined in this
article; and that such leasing of premises for the conduct of such games
is to be in accordance with the provisions of this article, with the
rules and regulations of the board and applicable local laws and
ordinances, it shall issue a license permitting the applicant to lease
said premises for the conduct of such games to the games of chance
licensee or licensees specified in the application during the period
therein specified or such shorter period as such clerk or department
shall determine, but not to exceed twelve license periods during a
calendar year, upon payment of a license fee of fifty dollars. Nothing
herein shall be construed to require the applicant to be licensed under
this article to conduct games of chance.

(c) Issuance of license upon summary application. If, upon the basis
of a summary application as prescribed under subdivision three of
section one hundred ninety of this article, the clerk or department
shall determine that the applicant is duly qualified to be licensed to
conduct games of chance under this article, said clerk or department
shall forthwith issue said license. In the event the clerk or department
has reason to believe that the applicant is not so qualified the
applicant shall be directed to file an application pursuant to
subdivision one of section one hundred ninety of this article.

2. On or before the thirtieth day of each month, the treasurer of the
municipality in which the licensed property is located shall transmit to
the state comptroller a sum equal to fifty percent of all authorized
games of chance lessor license fees and the sum of fifteen dollars per
license period for the conduct of games of chance collected by such
clerk or department pursuant to this section during the preceding
calendar month.

3. No license shall be issued under this section which shall be
effective for a period of more than one year.