Legislation

Search OpenLegislation Statutes
This entry was published on 2017-07-14
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 195-F
Statement of receipts, expenses; additional license fees
General Municipal (GMU) CHAPTER 24, ARTICLE 9-A
§ 195-f. Statement of receipts, expenses; additional license fees. 1.
Within seven days after the conclusion of any license period other than
a license period for a raffle, or as otherwise prescribed by the board,
the authorized organization which conducted the same, and its members
who were in charge thereof, and when applicable the authorized games of
chance lessor which rented its premises therefor, shall each furnish to
the clerk or department a statement subscribed by the member in charge
and affirmed by him as true, under the penalties of perjury, showing the
amount of the gross receipts derived therefrom and each item of expense
incurred, or paid, and each item of expenditure made or to be made other
than prizes, the name and address of each person to whom each such item
of expense has been paid, or is to be paid, with a detailed description
of the merchandise purchased or the services rendered therefor, the net
proceeds derived from the conduct of games of chance during such license
period, and the use to which such proceeds have been or are to be
applied and it shall be the duty of each licensee to maintain and keep
such books and records as may be necessary to substantiate the
particulars of each such statement.

2. Within thirty days after the conclusion of an occasion during which
a raffle was conducted, the authorized organization conducting such
raffle and the members in charge of such raffle, and, when applicable,
the authorized games of chance lessor that rented its premises therefor,
shall each furnish to the clerk or department a statement on a form
prescribed by the gaming commission, subscribed by the member in charge
and affirmed by him or her as true, under the penalties of perjury,
showing the number of tickets printed, the number of tickets sold, the
price, and the number of tickets returned to or retained by the
authorized organization as unsold, a description and statement of the
fair market value for each prize actually awarded, the amount of the
gross receipts derived therefrom, each item of expenditure made or to be
made other than prizes, the name and address of each person to whom each
such item of expense has been paid, or is to be paid, a detailed
description of the merchandise purchased or the services rendered
therefor, the net proceeds derived from the raffle at such occasion, the
use to which the proceeds have been or are to be applied. It shall be
the duty of each licensee to maintain and keep such books and records as
may be necessary to substantiate the particulars of each such statement,
provided, however, where the cumulative net proceeds or net profits
derived from the conduct of a raffle or raffles are less than thirty
thousand dollars during any one occasion, in such case, the reporting
requirement shall be satisfied by the filing within thirty days of the
conclusion of such occasion a verified statement prescribed by the
gaming commission attesting to the amount of such net proceeds or net
profits and the distribution thereof for lawful purposes with the clerk
or department and a copy with the gaming commission, and provided
further, however, where the cumulative net proceeds derived from the
conduct of a raffle or raffles are less than five thousand dollars
during any one occasion and less than thirty thousand dollars during one
calendar year, no reporting shall be required.

3. Any authorized organization required to file an annual report with
the secretary of state pursuant to article seven-A of the executive law
or the attorney general pursuant to article eight of the estates, powers
and trusts law shall include with such annual report a copy of the
statement required to be filed with the clerk or department pursuant to
subdivision one or two of this section.

4. Upon the filing of such statement of receipts pursuant to
subdivision one or two of this section, the authorized organization
furnishing the same shall pay to the clerk or department as and for an
additional license fee a sum based upon the reported net proceeds, if
any, for the license period, or in the case of raffles, for the occasion
covered by such statement and determined in accordance with such
schedule as shall be established from time to time by the board to
defray the actual cost to municipalities or counties of administering
the provisions of this article, but such additional license fee shall
not exceed five percent of the net proceeds for such license period. The
provisions of this subdivision shall not apply to the net proceeds from
the sale of bell jar tickets. No fee shall be required where the net
proceeds or net profits derived from the conduct of a raffle or raffles
are less than thirty thousand dollars during any one occasion.