Legislation

* § 195-c. 1. Persons operating games; equipment; expenses;
compensation. No person shall operate any game of chance under any
license issued under this article except a bona fide 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.
Nothing 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 members of
such authorized organization, auxiliary or affiliated organization. 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, 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
organization licensed to conduct a raffle.

* NB Effective until December 19, 2026

* § 195-c. Persons operating games; equipment; expenses; compensation.
1. No person shall operate any game of chance under any license issued
under this article except a bona fide 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. Nothing 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 members of such authorized
organization, auxiliary or affiliated organization. Upon request by an
officer or the department any such person involved in such games of
chance shall certify that they have 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 commission, 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, 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
organization licensed to conduct a raffle.

3. Each electronic bell jar vending machine that has been approved by
the commission pursuant to paragraph (b) of subdivision nine of section
one hundred eighty-eight-a of this article shall do the following:

(a) read a barcode or similar form of encryption or marking on the
pre-printed bell jar ticket;

(b) reveal results;

(c) verify if a bell jar ticket is redeemable for a prize;

(d) electronically aggregate winning prizes for continued play;

(e) produce a voucher for prize redemption or proof of purchase;

(f) track the sales of tickets and any other information as required
by the commission and report such sales and other information to the
commission;

(g) prohibit spinning reels or other representations or audiovisual
features that mimic a video lottery terminal or slot machine;

(h) prohibit any electronic user interface that mimics a video slot
machine;

(i) prohibit free plays, bonus games, multipliers, jackpots; provided,
however, that for purposes of this paragraph, the prohibition on
"jackpots" shall not include prizes that may be won on the bell jar
ticket itself, subject to limitations set forth in regulations
promulgated by the commission, discounts, promotions, special offers, or
similar incentives to initiate or prolong player engagement;

(j) prohibit any feature that simulates skill or allows player input
to influence the outcome of a predetermined result;

(k) prohibit the display of near-miss outcomes that may mislead a
player into believing a win was narrowly missed;

(l) track the sales of tickets and any other information as required
by the commission and report such sales and other information to the
commission;

(m) use electronic features to display and dispense pre-printed bell
jar tickets; and

(n) limit the speed of play to prevent rapid successive wagering as
required by regulations promulgated by the commission.

3-a. Each electronic bell jar vending machine that has been approved
by the commission pursuant to paragraph (b) of subdivision nine of
section one hundred eighty-eight-a of this article may include audio and
video features to display information about a ticket being dispensed,
provided that such features shall not affect the outcome of the game.

4. The following information shall be displayed by each electronic
bell jar vending machine:

(a) the total number of tickets in each deal;

(b) the price of each ticket;

(c) the number and amount of prizes in each deal;

(d) the number of winners per ticket and its respective winning
numbers or symbols;

(e) the name of the game;

(f) the name or logo of the manufacturer of the tickets and the
electronic bell jar vending machine;

(g) the compulsive gambling hotline telephone number for the state of
New York; and

(h) notification that only individuals eighteen years of age or older
may use an electronic bell jar vending machine.

5. If a voucher is produced by an electronic bell jar vending machine
for prize redemption, the following information shall appear on such
voucher:

(a) the aggregate prize amount payable to the player;

(b) the device number or other identification method for the vending
machine that produced such voucher;

(c) the date and time that such voucher was printed;

(d) the sequential number or other identification method of such
voucher;

(e) an identification number, barcode or similar form of encryption
that may be used to validate the prize amount payable to the player; and

(f) the period of time during which unused tickets or prize amounts
must be claimed.

6. (a) The maximum number of electronic bell jar vending machines that
a veteran organization or volunteer fire company may operate shall be
determined by the commission, but shall in no event exceed three
machines.

(b) (i) The use of an electronic bell jar vending machine shall not be
approved or permitted in any location restricted by a compact between an
Indian tribe and the state of New York, as determined by the commission.

(ii) In cities with a population of one million or more as of the
latest federal decennial census, the following geographic considerations
shall apply, notwithstanding any other provision of this paragraph or
paragraph (a) of this subdivision:

For any veteran organization or volunteer fire company at a premises
located within two thousand five hundred feet of any gaming facility,
the maximum number of electronic bell jar vending machines that may be
operated shall be one. The commission shall establish procedures for
measuring such distance. For any veteran organization or volunteer fire
company at a premises located more than two thousand five hundred feet
but not more than one mile from any gaming facility, the maximum number
of electronic bell jar vending machines that may be operated shall be
two, provided that the commission, in authorizing such machines,
considers local market conditions and the objectives of preventing
market oversaturation. For any veteran organization or volunteer fire
company at a premises located more than one mile from any gaming
facility, the maximum number of electronic bell jar vending machines
shall be three, provided that the commission shall retain the discretion
to impose stricter limitations based on local density of veteran
organizations and/or volunteer fire companies operating such machines,
potential impact on existing gaming facilities, and the determination of
the commission of what will best serve public convenience, consistent
with the objectives set forth in paragraph (c) of this subdivision. The
commission shall, by rule or regulation, further define the methodology
for assessing local density and market conditions within such cities and
may establish specific zones or areas where the placement of electronic
bell jar vending machines is further limited or requires enhanced
review, to ensure the responsible integration of such charitable gaming
opportunities.

(iii) The commission shall have the authority to establish, by rule or
regulation, specific proximity zones around gaming facilities and to
modify the limitations provided in subparagraphs (i) and (ii) of this
paragraph based upon the determination of the commission of what will
best serve public convenience, potential impact on existing gaming
facilities, and the need to prevent loss of employment at such
facilities, provided that any such modification shall be consistent with
the objective of supporting charitable fundraising while maintaining the
existing gaming landscape and preventing market oversaturation; provided
however, that any such modification shall constitute only a reduction of
the thresholds established by this subdivision.

(c) (i) Notwithstanding any other provision of this article, the
commission shall have the discretion to determine the number of
electronic bell jar vending machines that may be operated by any veteran
organization or volunteer fire company, and the location of such
machines; provided, however, that such number of machines shall not
exceed the limits established in this subdivision. Such discretion shall
be exercised to ensure that the introduction and operation of electronic
bell jar vending machines occurs exclusively to the fundraising
capabilities of legitimate veteran organizations or volunteer fire
companies while maintaining the stability of existing regulated gaming
sectors and revenue to the state, and avoiding any loss of employment at
existing gaming facilities.

(ii) The commission shall deny, revoke, or limit the number of
electronic bell jar vending machines a veteran organization or volunteer
fire company may operate if the commission determines that such
organization has been established, structured, or is being utilized,
directly or indirectly, to obtain a greater number of machines than
otherwise would be permitted. This consideration includes, but is not
limited to, the creation of subsidiary entities, shell organizations, or
any other arrangement where the facts and circumstances indicate an
intent to circumvent the limitations set forth in this subdivision. The
commission is empowered to scrutinize the governance, operational
control, and financial interdependence of organizations to make such
determinations.

(iii) The co-siting or joint housing of multiple veteran organizations
and/or volunteer fire companies at a single premises or contiguous
premises for the primary purpose of increasing the aggregate number of
electronic bell jar vending machines at such location beyond what would
otherwise be permitted for a single veteran organization or volunteer
fire company operating at such premises is prohibited, unless explicitly
authorized by the commission upon a finding that such arrangement is
consistent with the public interest and the objectives of this article.
The commission shall promulgate rules and regulations to effectuate this
provision, considering factors such as shared operational control,
membership overlap, and the primary purpose of the co-siting
arrangement.

7. The commission shall promulgate such rules and regulations as may
be necessary for the implementation of electronic bell jar vending
machine gaming in accordance with the provisions of this section,
including, but not limited to, the assessment of proximity to gaming
facilities.

8. The commission shall promulgate such rules and regulations as the
commission may deem necessary to ensure that electronic bell jar vending
machines are only accessible to bona fide members of the veterans
organization or bona fide members of the volunteer fire company. Such
machines shall not be accessible to the public or to any individual who
is not a bona fide member of such organization or company; provided,
however, that the commission may authorize the use of such machines at
each veteran organization's or volunteer fire company's fundraising
events on no more than four occasions per calendar year, at which time
such machines may be made accessible to individuals who are not bona
fide members, subject to such supervision and safeguards as the
commission may require, including measures to ensure that no individual
under the age of eighteen participates.

* NB Effective December 19, 2026