[ ] is old law to be omitted.
LBD09072-09-8
A. 10087 2
AND SITE PREPARATION AT THE LOCATION WHERE GAMES OF CHANCE ARE
CONDUCTED.
§ 2. Subdivisions 4, 5, 6, 8 and 11 of section 189 of the general
municipal law, subdivisions 4 and 11 as amended by chapter 574 of the
laws of 1978, subdivisions 5 and 6 as amended by section 11 of part MM
of chapter 59 of the laws of 2017 and subdivision 8 as amended by chap-
ter 434 of the laws of 2016, are amended to read as follows:
4. The entire net proceeds of any game of chance shall be exclusively
devoted to the lawful purposes of the organization permitted to conduct
the same and the net proceeds of any rental derived therefrom shall be
exclusively devoted to the lawful purposes of the authorized games of
chance lessor; PROVIDED, HOWEVER, THAT A PERSON MAY ACCEPT REIMBURSEMENT
OF REASONABLE EXPENSES INCURRED TO MANAGE, HOLD, OPERATE OR CONDUCT SUCH
GAMES.
5. (a) No single prize awarded by games of chance other than raffle
shall exceed the sum or value of [three] FOUR hundred dollars, except
that for merchandise wheels, no single prize shall exceed the sum or
value of [two] THREE hundred [fifty] dollars, and for bell jar, no
single prize shall exceed the sum or value of one thousand dollars.
(b) No single prize awarded by raffle shall exceed the sum or value of
three hundred thousand dollars.
(c) No single wager shall exceed six dollars and for bell jars, coin
boards or merchandise boards, no single prize shall exceed one thousand
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.
(d) For coin boards and merchandise boards, the value of a prize shall
be determined by the cost of such prize to the authorized organization
or, if donated, the fair market value of such prize.
6. (a) No authorized organization shall award a series of prizes
consisting of cash or of merchandise with an aggregate value in excess
of:
(1) ten thousand dollars during the successive operations of any one
merchandise wheel OR BELL JAR; and
(2) six thousand dollars during the successive operations of any [bell
jar,] coin board or merchandise board.
(b) No series of prizes awarded by raffle shall have an aggregate
value in excess of five hundred thousand dollars.
(c) For coin boards and merchandise boards, the value of a prize shall
be determined by the cost of such prize to the authorized organization
or, if donated, the fair market value of such prize.
8. Except for merchandise wheels and raffles, no series of prizes on
any one occasion shall aggregate more than [four] FIVE 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 author-
ized 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 three million dollars during
any one license period.
11. No person shall receive any remuneration for participating in the
management or operation of any such game; PROVIDED, HOWEVER, THAT A
PERSON MAY ACCEPT REIMBURSEMENT OF REASONABLE EXPENSES INCURRED TO
MANAGE, HOLD, OPERATE OR CONDUCT GAMES OF CHANCE.
A. 10087 3
§ 3. Subparagraph 5 of paragraph (a) of subdivision 1 of section 190
of the general municipal law, as amended by chapter 574 of the laws of
1978, is amended to read as follows:
(5) the purposes to which the entire net proceeds of such games are to
be devoted and in what manner; that no commission, salary, compen-
sation[,] OR 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.
§ 4. Paragraph (b) of subdivision 1 of section 190 of the general
municipal law, as amended by chapter 574 of the laws of 1978, is amended
to read as follows:
(b) In each application there shall be designated not less than [four]
THREE 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.
§ 5. Subdivision 3 of section 190-a of the general municipal law, as
added by chapter 400 of the laws of 2005, is amended to read as follows:
3. No person under the age of eighteen shall be permitted to play,
operate or assist in any raffle conducted pursuant to this section.
NOTHING IN THIS SECTION SHALL PREVENT A PERSON SIXTEEN YEARS OF AGE OR
OLDER FROM PERFORMING ANCILLARY NON-GAMING ACTIVITIES CONDUCTED IN
CONJUNCTION WITH ANY GAME OF CHANCE CONDUCTED PURSUANT TO ANY LICENSE
ISSUED PURSUANT TO THIS ARTICLE.
§ 6. Paragraph (a) of subdivision 1 of section 191 of the general
municipal law, as amended by section 15 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
(a) Issuance of licenses to conduct games of chance. If such clerk or
department shall determine that the applicant is duly qualified to be
licensed to conduct games of chance under this article; 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, or, if convicted, have received a pardon, a certificate of good
conduct or a certificate of relief from disabilities pursuant to article
twenty-three of the correction law, OR, AT THE OPTION OF THE APPLICANT,
IF CONVICTED, THE MEMBER OR MEMBERS ARE PARTICIPATING IN A REHABILI-
TATION PROGRAM LICENSED OR CERTIFIED BY A STATE AGENCY AND OPERATED BY
THE APPLICANT OR AN AUXILIARY THEREOF; 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 board and applicable
local laws or ordinances and that the proceeds thereof are to be
disposed of as provided by this article, and if such clerk or department
is satisfied that no commission, salary, compensation[,] OR reward [or
recompense] whatever will be paid or given to any person managing, oper-
ating or assisting therein except as [in this article] otherwise
provided IN THIS ARTICLE, INCLUDING REIMBURSEMENT OF REASONABLE EXPENSES
INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO HOLD, OPERATE OR
CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH GAMES; it 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.
A. 10087 4
§ 7. Subdivision 3 of section 194 of the general municipal law, as
amended by chapter 550 of the laws of 1994, is amended to read as
follows:
3. [Service of alcoholic beverages.] Subject to the applicable
provisions of the alcoholic beverage control law, beer, CIDER AND WINE
may be offered for sale during the conduct of games of chance on games
of chance premises as such premises are defined in subdivision nineteen
of section one hundred eighty-six of this article; provided, however,
that nothing herein shall be construed to limit the offering for sale of
any other alcoholic beverage in areas other than the games of chance
premises or the sale of any other alcoholic beverage in premises where
only the games of chance known as bell jar or raffles are conducted.
§ 8. Section 195-a of the general municipal law, as amended by chapter
574 of the laws of 1978, is amended to read as follows:
§ 195-a. Participation by persons under eighteen. No person under the
age of eighteen years shall be permitted to play any game or games of
chance conducted pursuant to any license issued under this article.
Persons under the age of eighteen years may be permitted to attend games
of chance at the discretion of the games of chance licensee. No person
under the age of eighteen years shall be permitted to operate any game
of chance conducted pursuant to any license issued under this article or
to assist therein; PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF
EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMIT-
TED TO ASSIST IN THE OPERATION OF ANY GAME OF CHANCE IF ACCOMPANIED BY
AN ADULT.
§ 9. Section 195-b of the general municipal law, as amended by chapter
252 of the laws of 1998, is amended to read as follows:
§ 195-b. Frequency of games. No game or games of chance, shall be
conducted under any license issued under this article more often than
[twelve] EIGHTEEN times in any calendar year. No particular premises
shall be used for the conduct of games of chance on more than twenty-
four license periods during any one calendar year. Games shall be
conducted only between the hours of noon and midnight on Monday, Tues-
day, Wednesday and Thursday, and only between the hours of noon on
Friday and two A.M. Saturday, and only between the hours of noon on
Saturday and two A.M. Sunday. The two A.M. closing period shall also
apply to a legal holiday. The above restrictions shall not apply when
only the games of chance known as bell jar and/or raffle are conducted.
§ 10. Section 195-c of the general municipal law, as amended by chap-
ter 252 of the laws of 1998, is amended to read as follows:
§ 195-c. [1.] Persons operating games; equipment; expenses; compen-
sation. 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 licen-
see is an auxiliary or a bona fide member of an organization or associ-
ation 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
A. 10087 5
from one authorized organization to another, with or without payment of
any compensation thereof. The head or heads of the authorized organiza-
tion shall upon request certify, under oath, that the persons operating
any game of chance are bona fide members of such authorized organiza-
tion, 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, REIMBURSEMENT OF REASONABLE EXPENSES
INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO OPERATE OR ASSIST IN THE
OPERATION OF GAMES OF CHANCE and the cost of bus transportation, if
authorized by such clerk or department. No commission, salary, compen-
sation[,] OR 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 organiza-
tion licensed to conduct a raffle.
§ 11. Subdivision 1 of section 195-n of the general municipal law, as
amended by chapter 637 of the laws of 1999, is amended to read as
follows:
1. Distribution; manufacturers. For business conducted in this state,
manufacturers licensed by the board to sell bell jar tickets shall sell
only such tickets to distributors licensed by the board. Manufacturers
of bell jar tickets, seal cards, merchandise boards, and coin boards may
submit samples, artists' renderings, or color photocopies of proposed
bell jar tickets, seal cards, merchandise boards, coin boards, payout
cards, and flares for review and approval by the board. Within thirty
days of receipt of such sample or rendering, the board shall approve or
deny such bell jar tickets. [Following approval of a rendering of a bell
jar ticket, seal card, merchandise board, or coin board by the board]
PRIOR TO THE SALE OF A BELL JAR GAME, JAR TICKET, SEAL CARD, MERCHANDISE
BOARD OR COIN BOARD TO ANY LICENSED DISTRIBUTOR FOR RESALE IN THIS
STATE, the manufacturer shall submit to the board a sample of the print-
ed bell jar ticket, seal card, merchandise board, coin board, payout
card, and flare for such game. [Such sample shall be submitted prior to
the sale of the game to any licensed distributor for resale in this
state.] WITHIN FORTY-FIVE DAYS OF RECEIPT OF SUCH SAMPLE, THE BOARD
SHALL APPROVE OR DENY THE BELL JAR TICKET, JAR TICKET, SEAL CARD,
MERCHANDISE BOARD OR COIN BOARD. For coin boards and merchandise boards,
nothing herein shall require the submittal of actual coins or merchan-
dise as part of the approval process. Any licensed manufacturer who
willfully violates the provisions of this section shall: (a) upon such
first offense, have their license suspended for a period of thirty days;
(b) upon such second offense, participate in a hearing to be conducted
by the board, and surrender their license for such period as recommended
by the board; and (c) upon such third or subsequent offense, have their
license suspended for a period of one year and shall be guilty of a
class E felony. Any unlicensed manufacturer who violates the provisions
of this section shall be guilty of a class E felony.
A. 10087 6
§ 12. Subdivisions 7, 10 and 11-a of section 476 of the general munic-
ipal law, subdivision 7 as amended by chapter 438 of the laws of 1962,
subdivision 10 as amended by chapter 364 of the laws of 1968 and subdi-
vision 11-a as added by chapter 160 of the laws of 1994, are amended and
a new subdivision 14 is added to read as follows:
7. "Net proceeds" shall mean (a) in relation to the gross receipts
from one or more occasions of bingo, the amount that shall remain after
deducting the reasonable sums necessarily and actually expended for
CONDUCTING BINGO GAMES INCLUDING, BUT NOT LIMITED TO, bingo supplies and
equipment, prizes, 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, license
fees, and [the cost of bus transportation] REIMBURSEMENT OF REASONABLE
EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO HOLD, OPERATE
OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH GAMES, [if] AS authorized
by the control commission, and (b) in relation to the gross rent
received by an organization licensed to conduct bingo for the use of its
premises by another licensee, the amount that shall remain after deduct-
ing the reasonable sums necessarily and actually expended for janitorial
services and utility supplies directly attributable thereto if any.
10. "Limited period bingo" shall mean the conduct of bingo by a
licensed authorized organization, for a period of not more than [seven]
TEN of [twelve] FOURTEEN consecutive days in any one year, at a
festival, bazaar, carnival or similar function conducted by such
licensed authorized organization. No authorized organization licensed to
conduct limited period bingo shall be otherwise eligible to conduct
bingo pursuant to this article in the same year.
11-a. "Early bird" shall mean a bingo game which is played as a
special game, conducted not more than [twice] THREE TIMES during a bingo
occasion, in which prizes are awarded based upon a percentage not to
exceed seventy-five percent of the sum of money received from the sale
of the early bird cards and which is neither subject to the prize limits
imposed by subdivisions five and six of section four hundred seventy-
nine and paragraph (a) of subdivision one of section four hundred eight-
y-one, nor the special game opportunity charge limit imposed by section
four hundred eighty-nine of this article. The percentage shall be speci-
fied both in the application for bingo license and the license. Not more
than one dollar shall be charged per card with the total amount
collected from the sale of the early bird cards and the prize for each
game to be announced before the commencement of each game.
14. "REASONABLE EXPENSES INCURRED BY A VOLUNTEER" SHALL INCLUDE, BUT
NOT BE LIMITED TO, CHILD CARE EXPENSES, TRANSPORTATION EXPENSES, MEALS
AND OTHER EXPENSES, AS DETERMINED AND REGULATED BY THE BOARD.
§ 13. Subdivisions 3 and 8 of section 479 of the general municipal
law, subdivision 3 as amended by chapter 337 of the laws of 1998 and
subdivision 8 as amended by chapter 814 of the laws of 1964, are amended
to read as follows:
3. No authorized organization licensed under the provisions of this
article shall purchase, lease, or receive any supplies or equipment
specifically designed or adapted for use in the conduct of bingo games
from other than a supplier licensed under [the bingo control law] ARTI-
CLE NINETEEN-B OF THE EXECUTIVE LAW or from another authorized organiza-
tion.
8. No person shall receive any remuneration for participating in the
management or operation of any game of bingo; PROVIDED, HOWEVER, THAT A
A. 10087 7
PERSON MAY ACCEPT REIMBURSEMENT OF REASONABLE EXPENSES INCURRED TO
MANAGE, HOLD, OPERATE OR CONDUCT SUCH GAMES.
§ 14. Subparagraph 6 of paragraph (a) of subdivision 1 of section 480
of the general municipal law, as amended by section 4 of part MM of
chapter 59 of the laws of 2017, is amended to read as follows:
(6) the specific purposes to which the entire net proceeds of such
games of bingo are to be devoted and in what manner; that no commission,
salary, compensation[,] OR reward [or recompense] will be paid to any
person for conducting such bingo game or games or for assisting therein
except as in this article otherwise provided; and such other information
as shall be prescribed by the rules and regulations of the commission.
§ 15. Paragraph (a) of subdivision 1 and subdivision 3 of section 481
of the general municipal law, paragraph (a) of subdivision 1 as amended
by section 5 of part MM of chapter 59 of the laws of 2017 and subdivi-
sion 3 as amended by chapter 284 of the laws of 1969, are amended to
read as follows:
(a) Issuance of licenses to conduct bingo. If the governing body of
the municipality determines that the applicant is duly qualified to be
licensed to conduct bingo under this article; that the member or members
of the applicant designated in the application to conduct bingo are bona
fide active members of the applicant and are persons of good moral char-
acter and have never been convicted of a crime or, if convicted, have
received a pardon or a certificate of good conduct or a certificate of
relief from disabilities pursuant to article twenty-three of the
correction law, OR, AT THE OPTION OF THE APPLICANT, IF CONVICTED, THE
MEMBER OR MEMBERS ARE PARTICIPATING IN A REHABILITATION PROGRAM LICENSED
OR CERTIFIED BY A STATE AGENCY AND OPERATED BY THE APPLICANT OR AN
AUXILIARY THEREOF; that such games of bingo are to be conducted in
accordance with the provisions of this article and in accordance with
the rules and regulations of the commission, and that the proceeds ther-
eof are to be disposed of as provided by this article, and if the
governing body is satisfied that no commission, salary, compensation[,]
OR reward [or recompense] what so ever will be paid or given to any
person holding, operating or conducting or assisting in the holding,
operation and conduct of any such games of bingo except as [in this
article] otherwise provided IN THIS ARTICLE, INCLUDING REIMBURSEMENT OF
REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO
HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH GAMES; and
that no prize will be offered and given in excess of the sum or value of
five thousand dollars in any single game and that the aggregate of all
prizes offered and given in all of such games conducted on a single
occasion, under said license shall not exceed the sum or value of
fifteen thousand dollars, then the municipality shall issue a license to
the applicant for the conduct of bingo upon payment of a license fee of
eighteen dollars and seventy-five cents for each bingo occasion;
provided, however, that the governing body shall refuse to issue a
license to an applicant seeking to conduct bingo in premises of a
licensed commercial lessor where such governing body determines that the
premises presently owned or occupied by such applicant are in every
respect adequate and suitable for conducting bingo games.
3. No license shall be issued under this article which shall be effec-
tive for a period of more than one year. In the case of limited period
bingo, no license shall be issued authorizing the conduct of such games
on more than [two] THREE occasions in any one day nor shall any license
be issued under this article which shall be effective for a period of
more than [seven] TEN of [twelve] FOURTEEN consecutive days in any one
A. 10087 8
year. No license for the conduct of limited period bingo shall be issued
in cities having a population of one million or more.
§ 16. Subdivision 1 of section 483 of the general municipal law, as
amended by chapter 438 of the laws of 1962, is amended to read as
follows:
1. [Eeach] EACH license to conduct bingo shall be in such form as
shall be prescribed in the rules and regulations promulgated by the
control commission, and shall contain a statement of the name and
address of the licensee, of the names and addresses of the member or
members of the licensee under whom the games will be conducted, of the
place or places where and the date or dates and time or times when such
games are to be conducted and of the specific purposes to which the
entire net proceeds of such games are to be devoted; if any prize or
prizes are to be offered and given in cash, a statement of the amounts
of the prizes authorized so to be offered and given; and any other
information which may be required by said rules and regulations to be
contained therein, and each license issued for the conduct of any game
shall be conspicuously displayed at the place where same is to be
conducted at all times during the conduct thereof.
§ 17. Section 487 of the general municipal law, as amended by chapter
72 of the laws of 1982, is amended to read as follows:
§ 487. Frequency of game; sale of alcoholic beverages. No game or
games of bingo, except limited period bingo, shall be conducted under
any license issued under this article more often than on [eighteen]
TWENTY-SEVEN days in any three successive calendar months. No game or
games of limited period bingo shall be conducted between the hours of
twelve midnight postmeridian and noon, and no more than sixty games may
be conducted on any single occasion of limited period bingo. No game or
games of bingo shall be conducted in any room or outdoor area where
alcoholic beverages are sold, served or consumed during the progress of
the game or games.
§ 18. Subdivision 1 of section 488 of the general municipal law, as
amended by chapter 337 of the laws of 1998, is amended to read as
follows:
1. No person shall hold, operate or conduct any game of bingo under
any license issued under this article except a bona fide member of the
authorized organization to which the license is issued, and no person
shall assist in the holding, operating or conducting of any game of
bingo under such license except such a bona fide member 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 organ-
ization or association which is affiliated with the licensee by being,
with it, auxiliary to another organization or association and except
bookkeepers or accountants as hereinafter provided. Provided, however,
any person may assist the licensed organization in any activity related
to the game of bingo which does not actually involve the holding,
conducting, managing or operating of such game of bingo. No game of
bingo shall be conducted with any equipment except such as shall be
owned absolutely or leased by the authorized organization so licensed or
used without payment of any compensation therefor by the licensee.
Lease terms and conditions shall be subject to rules and regulations
promulgated by the board. This article shall not be construed to author-
ize or permit an authorized organization to engage in the business of
leasing bingo supplies or equipment. No items of expense shall be
incurred or paid in connection with the conducting of any game of bingo
A. 10087 9
pursuant to any license issued under this article, except those that are
reasonable and are necessarily expended for bingo supplies and equip-
ment, prizes, 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,
REIMBURSEMENT OF REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE
THEIR TIME TO HOLD, OPERATE OR CONDUCT OR ASSIST IN THE CONDUCT OF SUCH
GAMES, and the cost of bus transportation, if authorized by the control
commission.
§ 19. Subdivision 1 of section 491 of the general municipal law, as
amended by section 9 of part MM of chapter 59 of the laws of 2017, is
amended to read as follows:
1. Within [seven] TEN days after the conclusion of any occasion of
bingo, the authorized organization that conducted the same, and such
authorized organization's members who were in charge thereof, and when
applicable the authorized organization that rented its premises there-
for, shall each furnish to the clerk of the municipality a statement
subscribed by the member in charge and affirmed by such person 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, the name and address of each
person to whom each such item 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 such game or rental, as
the case may be, and the use to which such proceeds have been or are to
be applied and a list of prizes offered and given, with the respective
values thereof. A clerk may make provisions for the option for the elec-
tronic filing of such statement. 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 and within fifteen
days after the end of each calendar quarter during which there has been
any occasion of bingo, a summary statement of such information, in form
prescribed by the commission, shall be furnished in the same manner to
the commission.
§ 20. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.