S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4782

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Racing and Wagering

AN ACT to amend the  general  municipal  law,  in  relation  to  raffles
  conducted within this state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 6, 11, and 12 of section 186  of  the  general
municipal  law,  subdivision  6 as amended by chapter 574 of the laws of
1978, subdivision 11 as amended by chapter 337 of the laws of 1998,  and
subdivision  12  as  amended  by  chapter  252  of the laws of 1998, are
amended to read as follows:
  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 actual-
ly 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, ADVERTISING, 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.
  11. "Single prize" shall mean the sum of money or fair market value of
merchandise, PERSONAL PROPERTY, REAL PROPERTY, 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 OR HER 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08732-01-9
              

A. 4782                             2

and  raffles, "series of prizes" shall mean the sum of cash and the fair
market value of merchandise, PERSONAL PROPERTY, REAL PROPERTY, OR  COINS
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.
  S  2.  Subdivisions  5, 6, 8, 12, and 13 of section 189 of the general
municipal law, subdivisions 5 and 6 as amended by  chapter  337  of  the
laws  of  1998,  subdivision  8 as amended by chapter 550 of the laws of
1994, subdivision 12 as added by chapter 574 of the laws  of  1978,  and
subdivision  13  as  amended  by  chapter  252  of the laws of 1998, are
amended to read as follows:
  5. No single prize awarded by games of chance other than raffle  shall
exceed  the  sum  or  value  of  three  hundred dollars, except that for
merchandise wheels, no single prize shall exceed the sum or value of two
hundred fifty dollars. No single prize awarded by  raffle  shall  exceed
the  sum  or  value of fifty thousand dollars, except that an authorized
organization may award by raffle a single  prize  OR  SERIES  OF  PRIZES
having  a  value  of  up to and including one [hundred thousand] MILLION
dollars if its application for a license filed pursuant to  section  one
hundred  ninety  of  this  article includes a statement of its intent to
award a prize having such value.   No  single  wager  shall  exceed  six
dollars and for bell jars, coin boards, or merchandise boards, no single
prize  shall  exceed  five  hundred dollars provided, however, that such
limitation shall not apply to the amount of money or value paid  by  the
participant  in  a  raffle  in return for a ticket or other receipt. For
coin boards and merchandise boards, the value of a prize shall be deter-
mined by its costs to the authorized organization or,  if  donated,  its
fair market value.
  6.  No authorized organization shall award a series of prizes consist-
ing of cash or of merchandise with an aggregate value in excess  of  ten
thousand dollars during the successive operations of any one merchandise
wheel,  and  three  thousand dollars during the successive operations of
any bell jar, coin board, or merchandise  board.  No  series  of  prizes
awarded  by  raffle  shall  have  an  aggregate  value  in excess of one
[hundred thousand] MILLION dollars.  For  coin  boards  and  merchandise
boards,  the  value  of  a  prize shall be determined by its cost to the
authorized organization or, if donated, its fair market value.
  8. Except for merchandise wheels and raffles, no series of  prizes  on
any one occasion shall aggregate more than four hundred dollars when the
licensed  authorized organization conducts five single types of games of
chance during any one license period.  Except  for  merchandise  wheels,
raffles  and  bell  jars,  no series of prizes on any one occasion shall
aggregate more than five hundred dollars when  the  licensed  authorized
organization  conducts  less  than five single types of games of chance,
exclusive of merchandise wheels, raffles and bell jars, during  any  one
license  period. No authorized organization shall award by raffle prizes
with an aggregate value in excess  of  one  [hundred  thousand]  MILLION
dollars during any one license period.
  12.  No  authorized  organization  shall  extend credit to a person to
participate in playing a game of chance.   THE  AUTHORIZED  ORGANIZATION
SHALL  NOT  BE  DEEMED  TO  HAVE EXTENDED CREDIT TO A PERSON IF A PERSON
CHARGES PURCHASES OF CHANCES USING A CREDIT CARD THAT  IS  ISSUED  BY  A
THIRD  PARTY,  WHICH  PURCHASE IS AUTHORIZED BY THE ISSUER OF THE CREDIT
CARD BEFORE ANY CHANCE, RECEIPT OF CHANCE, OR CONFIRMATION OF CHANCE  IS
IRREVOCABLY ISSUED TO THE PURCHASER.

A. 4782                             3

  13. No game of chance shall be conducted on other than the premises of
an authorized organization; A MEDIA OUTLET; A REGIONAL SHOPPING MALL; IF
THE PRIZE IS REAL ESTATE, THEN AT THE LOCATION OF THE REAL ESTATE; or an
authorized  games  of chance lessor.   Nothing herein shall prohibit the
sale  of raffle tickets to the public outside the premises of an author-
ized organization or an authorized games of chance lessor; or in munici-
palities which have passed a  local  law,  ordinance  or  resolution  in
accordance with sections one hundred eighty-seven and one hundred eight-
y-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 and  provided,  however,  that  no  sale  of
raffle  tickets shall be made more than one hundred eighty days prior to
the date scheduled  for  the  occasion  at  which  the  raffle  will  be
conducted.  The  winner  of  any  single  prize in a raffle shall not be
required to be present at the time such raffle is conducted.
  S 3. Section 195 of the general municipal law, as amended  by  chapter
461 of the laws of 2003, is amended to read as follows:
  S  195. [Sunday] HOLIDAYS; conduct of games on. [Except as provided in
section one hundred ninety-five-b of this article, no  games  of  chance
shall  be  conducted  under any license issued under this article on the
first day of the week, commonly known and designated as  Sunday,  unless
it  shall be otherwise provided in the license issued for the conducting
thereof, pursuant to the provisions of a local law or an ordinance  duly
adopted by the governing body of the municipality wherein the license is
issued, authorizing the conduct of games of chance under this article on
that  day  only  between the hours of noon and midnight. Notwithstanding
the foregoing provisions of this section no] NO games of chance shall be
conducted on Easter Sunday or Christmas Day.
  S 4. Section 195-e of the general municipal law, as amended by chapter
94 of the laws of 1981, is amended to read as follows:
  S 195-e. Advertising games. A licensee may advertise  the  conduct  of
games of chance to the general public by means of TELEVISION, RADIO, THE
ELECTRONIC MEDIA COMMONLY REFERRED TO AS THE WORLD WIDE WEB OR INTERNET,
DIRECT  MAIL,  newspaper, circular, handbill and poster, and by one sign
not exceeding sixty square feet in area, which may be  displayed  on  or
adjacent  to  the  premises  owned  or occupied by a licensed authorized
organization, and when an organization is licensed to conduct  games  of
chance  on  premises  of an authorized games of chance lessor, one addi-
tional such sign may be displayed on or  adjacent  to  the  premises  in
which  the games are to be conducted.  Additional signs may be displayed
upon any fire fighting equipment belonging to  any  licensed  authorized
organization which is a volunteer fire company, or upon any equipment of
a  first  aid  or rescue squad in and throughout the community served by
such volunteer fire company or such first aid or rescue  squad,  as  the
case  may  be. All advertisements shall be limited to the description of
such event as "RAFFLE", "Games of chance" or "Las Vegas Night", the name
of the authorized organization conducting such games, the license number
of the authorized organization as assigned by the  clerk  or  department
and the date, location and time of the event.
  S 5. This act shall take effect immediately.