LBD09072-03-7
S. 3673 2
LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU-
ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN-
IZATION OR ASSOCIATION WHICH IS AFFILIATED WITH AN AUTHORIZED
ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
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 CONDUCTING GAMES OF CHANCE INCLUDING, BUT NOT LIMITED
TO, 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, 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, AND AS AUTHORIZED BY THE BOARD AND if authorized by the clerk or
department and (b) in relation to the gross rent received by an author-
ized 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.
22. "REASONABLE EXPENSES" SHALL INCLUDE, BUT NOT BE LIMITED TO, CHILD
CARE EXPENSES, TRANSPORTATION EXPENSES, MEALS AND OTHER EXPENSES, AS
DETERMINED AND REGULATED BY THE BOARD.
§ 2. Section 188-a of the general municipal law is amended by adding a
new subdivision 10 to read as follows:
10. IN THE DISCRETION OF THE BOARD, PROMULGATE RULES AND REGULATIONS,
OR ISSUE GUIDELINES TO HELP FACILITATE OR AUTHORIZE, BUT NOT REQUIRE,
THE FILING OF ANY INFORMATION, SUBMISSION, REPORT OR COMPLIANCE REQUIRE-
MENT IN ACCORDANCE WITH THIS ARTICLE, ELECTRONICALLY. THE BOARD MAY
ASSIST ANY MUNICIPALITY OR GROUP OF MUNICIPALITIES IN ESTABLISHING ITS
OWN COST-EFFECTIVE ELECTRONIC FILING, SUBMISSION AND COMPLIANCE SYSTEM
TO HELP FACILITATE THE ELECTRONIC FILING OF ANY GAMES OF CHANCE INFORMA-
TION, SUBMISSION OR REPORT THAT IS REQUIRED BY THIS ARTICLE.
§ 3. Subdivisions 4, 5, 6, 8, 10 and 11 of section 189 of the general
municipal law, subdivisions 4, 10 and 11 as amended by chapter 574 of
the laws of 1978, subdivisions 5 and 8 as amended by chapter 434 of the
laws of 2016 and subdivision 6 as amended by chapter 302 of the laws of
2010, 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. 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. No single prize awarded by raffle
shall exceed the sum or value of three hundred thousand dollars. 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 tick-
S. 3673 3
et or other receipt. For coin boards and merchandise boards, the value
of a prize shall be determined by its costs to the authorized organiza-
tion 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 OR BELL JAR, 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 five hundred thousand 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] 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.
10. No person except a bona fide member of the licensed authorized
organization OR AN AUXILIARY MEMBER OF SUCH ORGANIZATION shall partic-
ipate in the management of such games[; no person except a bona fide
member of the licensed authorized organization, its auxiliary or affil-
iated organization, shall participate in the operation of such game, as
set forth in section one hundred ninety-five-c of this article].
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.
§ 4. 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.
§ 5. 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.
§ 6. Paragraph (a) of subdivision 2 of section 190-a of the general
municipal law, as amended by chapter 400 of the laws of 2005, is amended
to read as follows:
S. 3673 4
(a) For the purposes of this section, "authorized organization" shall
mean and include any bona fide religious or charitable organization or
bona fide educational, fraternal or service organization or bona fide
organization of veterans [or], volunteer [firefighter] FIREFIGHTERS OR
VOLUNTEER AMBULANCE WORKERS, which by its charter, certificate of incor-
poration, constitution, or act of the legislature, shall have among its
dominant purposes one or more of the lawful purposes as defined in this
article, provided that each shall operate without profit to its members,
and provided that each such organization has engaged in serving one or
more of the lawful purposes as defined in this article for a period of
three years immediately prior to being granted the filing requirement
exemption contained in subdivision one of this section.
§ 7. 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. NO
PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL BE PERMITTED TO OPERATE OR
ASSIST IN ANY RAFFLE CONDUCTED PURSUANT TO THIS SECTION; PROVIDED,
HOWEVER, THAT A PERSON UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS
SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED TO ASSIST IN ANY RAFFLE
IF ACCOMPANIED BY AN ADULT.
§ 8. 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, IF CONVICTED, THE MEMBER OR
MEMBERS ARE PARTICIPATING IN A REHABILITATION PROGRAM LICENSED OR CERTI-
FIED 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 regu-
lations 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, operating or assisting therein except as [in
this article] otherwise provided IN THIS ARTICLE, INCLUDING REIMBURSE-
MENT 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.
§ 9. 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,
S. 3673 5
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.
§ 10. Section 195 of the general municipal law, as amended by chapter
461 of the laws of 2003, is amended to read as follows:
§ 195. Sunday; conduct of games on. Except as provided in section one
hundred ninety-five-b of this article, [no] games of chance [shall] MAY
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] PROHIBITING 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 games of
chance shall be conducted on Easter Sunday or Christmas Day.
§ 11. Section 195-a of the general municipal law, as amended by chap-
ter 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.
§ 12. Section 195-b of the general municipal law, as amended by chap-
ter 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.
§ 13. 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 OR AUXILIARY 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]. Noth-
ing herein shall be construed to limit the number of games of chance
licensees for whom such persons may operate games of chance nor to
S. 3673 6
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 OR AUXILIARY
members of such authorized organization, auxiliary or affiliated organ-
ization. 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 VOLUN-
TEERS 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, compensation[,] 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.
§ 14. Section 195-e of the general municipal law, as amended by chap-
ter 94 of the laws of 1981, is amended to read as follows:
§ 195-e. Advertising games. A licensee may advertise the conduct of
games of chance to the general public by means of newspaper, circular,
handbill [and], poster, ELECTRONIC MAIL, ELECTRONIC COMMUNICATIONS AND
GOVERNMENT ACCESS TELEVISION BROADCASTS, 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 additional 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, OR VOLUNTEER AMBULANCE COMPANY in and throughout the community
served by such volunteer fire company or such first aid or rescue squad,
OR VOLUNTEER AMBULANCE COMPANY, as the case may be. All advertisements
shall be limited to the description of such event as "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.
§ 15. 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
S. 3673 7
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.
§ 16. Subdivisions 7, 9, 10 and 11-a of section 476 of the general
municipal law, subdivision 7 as amended by chapter 438 of the laws of
1962, subdivision 9 as amended by chapter 1057 of the laws of 1965,
paragraph (a) of subdivision 9 as amended by section 16 of part LL of
chapter 56 of the laws of 2010, subdivision 10 as amended by chapter 364
of the laws of 1968 and subdivision 11-a as added by chapter 160 of the
laws of 1994, are amended and two new subdivisions 4-a and 13 are added
to read as follows:
4-A. "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
TION OR ASSOCIATION WHICH IS AUXILIARY TO AN AUTHORIZED ORGANIZATION
LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED PURSU-
ANT TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN-
IZATION OR ASSOCIATION WHICH IS AFFILIATED WITH AN AUTHORIZED
ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
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-
S. 3673 8
ing the reasonable sums necessarily and actually expended for janitorial
services and utility supplies directly attributable thereto if any.
9. "Authorized commercial lessor" shall mean a person, firm or corpo-
ration other than a licensee to conduct bingo under the provisions of
this article, who or which shall own or be a net lessee of premises and
offer the same for leasing by him, HER or it to an authorized organiza-
tion for any consideration whatsoever, direct or indirect, for the
purpose of conducting bingo therein, provided that he, SHE or it, as the
case may be, shall not be
(a) a person convicted of a crime who has not 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;
(b) a person who is or has been a professional gambler or gambling
promoter or who for other reasons is not of good moral character;
(c) a public officer who receives any consideration, direct or indi-
rect, as owner or lessor of premises offered for the purpose of conduct-
ing bingo therein;
(d) a firm or corporation in which a person defined in [subdivision]
PARAGRAPH (a), (b) or (c) [above] OF THIS SUBDIVISION or a person
married [or related in the first degree] to such a person has greater
than a ten [percentum] PER CENTUM (10%) proprietary, equitable or credit
interest or in which such a person is active or employed[.]; OR
(E) A FIRM OR CORPORATION IN WHICH A PERSON RELATED TO A PERSON,
DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION, HAS GREATER
THAN TWENTY PER CENTUM (20%) PROPRIETARY, EQUITABLE OR CREDIT INTEREST
OR IN WHICH SUCH A RELATED PERSON IS ACTIVE OR EMPLOYED.
Nothing contained in this subdivision shall be construed to bar any
firm or corporation which is not organized for pecuniary profit and no
part of the net earnings of which inure to the benefit of any individ-
ual, member, or shareholder, from being an authorized commercial lessor
solely because a public officer, or a person married or related in the
first degree to a public officer, is a member of, active in or employed
by such firm or corporation.
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.
13. "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.
S. 3673 9
§ 17. Subdivisions 3, 5, 6, 7 and 8 of section 479 of the general
municipal law, subdivision 3 as amended by chapter 337 of the laws of
1998, subdivisions 5 and 6 as amended by chapter 328 of the laws of
1994, and subdivisions 7 and 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.
5. No prize shall exceed the sum or value of one thousand FIVE HUNDRED
dollars in any single game of bingo.
6. No series of prizes on any one bingo occasion shall aggregate more
than [three] FOUR thousand dollars.
7. No person except a bona fide member OR AUXILIARY MEMBER of any such
organization shall participate in the management or operation of such
game.
8. No person shall receive any remuneration for participating in the
management or operation of any game of bingo; PROVIDED, HOWEVER, THAT A
PERSON MAY ACCEPT REIMBURSEMENT OF REASONABLE EXPENSES INCURRED TO
MANAGE, HOLD, OPERATE OR CONDUCT SUCH GAMES.
§ 18. Subparagraph 6 of paragraph (a) of subdivision 1 of section 480
of the general municipal law, as amended by chapter 611 of the laws of
1963, is amended to read as follows:
(6) the specific purposes to which the entire net proceeds of such
games 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 such rules and regulations.
§ 19. 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 17 of part LL of chapter 56 of the laws of 2010 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 shall determine 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 character 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, 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 are to be conducted in accordance with the provisions of this
article and in accordance with the rules and regulations of the commis-
sion, and that the proceeds thereof 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] whatever will be paid
or given to any person holding, operating or conducting or assisting in
the holding, operation and conduct of any such games except as [in this
article] otherwise provided IN THIS ARTICLE, INCLUDING REIMBURSEMENT OF
REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME TO
S. 3673 10
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
one thousand FIVE HUNDRED dollars in any single game and that the aggre-
gate 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
[three] FOUR thousand dollars, it 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 it determines that the premises presently owned or occupied
by said 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
year. No license for the conduct of limited period bingo shall be issued
in cities having a population of one million or more.
§ 20. 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.
§ 21. Section 485 of the general municipal law, as amended by chapter
438 of the laws of 1962, is amended to read as follows:
§ 485. Sunday; conduct of games on. [No games] GAMES of bingo [shall]
MAY be conducted under any license issued under this article on the
first day of the week, commonly known as [designated as] Sunday, unless
it shall be otherwise provided in the license issued for the holding,
operating and conducting thereof, pursuant to the provisions of a local
law or an ordinance duly adopted by the governing body of the munici-
pality issuing the license, [authorizing] PROHIBITING the conduct of
bingo under this article on that day.
§ 22. Section 486 of the general municipal law, as amended by chapter
438 of the laws of 1962, is amended to read as follows:
§ 486. Participation by persons under eighteen. No person under the
age of eighteen years shall be permitted to play any game or games of
bingo conducted pursuant to any license issued under this article unless
accompanied by an adult. No person under the age of eighteen years shall
be permitted to conduct or assist in the conduct of any game of bingo
conducted pursuant to any license issued under this article; PROVIDED,
S. 3673 11
HOWEVER, THAT A PERSON UNDER THE AGE OF EIGHTEEN YEARS AND WHO IS
SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED TO ASSIST IN THE
CONDUCT OF ANY GAME OF BINGO IF ACCOMPANIED BY AN ADULT.
§ 23. 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.
§ 24. 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 OR
AUXILIARY MEMBER of the authorized organization to which the license is
issued[, and]. FURTHERMORE, no person shall assist in the holding, oper-
ating or conducting of any game of bingo under such license except such
a bona fide member or [a bona fide] AUXILIARY 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 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 arti-
cle shall not be construed to authorize or permit an authorized organ-
ization to engage in the business of leasing bingo supplies or equip-
ment. No items of expense shall be incurred or paid in connection with
the conducting of any game of bingo pursuant to any license issued under
this article, except those that are reasonable and are necessarily
expended for bingo supplies and equipment, prizes, stated rental if any,
bookkeeping or accounting services according to a schedule of compen-
sation 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 transporta-
tion, if authorized by the control commission.
§ 25. Section 490 of the general municipal law, as amended by chapter
99 of the laws of 1988, is amended to read as follows:
§ 490. Advertising of bingo games. A licensee may advertise the
conduct of an occasion of bingo to the general public by means of news-
paper, radio, circular, handbill [and], poster, ELECTRONIC MAIL, ELEC-
TRONIC COMMUNICATIONS AND GOVERNMENT ACCESS TELEVISION BROADCASTS, and
by one sign not exceeding sixty square feet in area, which may be
S. 3673 12
displayed on or adjacent to the premises owned or occupied by a licensed
authorized organization, and when an organization is licensed to conduct
bingo occasions on the premises of another licensed authorized organiza-
tion or of a licensed commercial lessor, one additional such sign may be
displayed on or adjacent to the premises in which the occasions are to
be conducted. Additional signs may be displayed upon any firefighting
equipment belonging to any licensed authorized organization which is a
volunteer fire company, or upon any equipment of a first aid or rescue
squad, OR VOLUNTEER AMBULANCE COMPANY in and throughout the community
served by such volunteer fire company or such first aid or rescue squad,
OR VOLUNTEER AMBULANCE COMPANY, as the case may be. All advertisements
shall be limited to the description of such event as "bingo", the name
of the licensed authorized organization conducting such occasions, the
license number of the authorized organization as assigned by the clerk
and the date, location and time of the bingo occasion.
§ 26. The general municipal law is amended by adding a new section
490-a to read as follows:
§ 490-A. ELECTRONIC FILING. THE COMMISSION, IN ITS DISCRETION, MAY
PROMULGATE RULES AND REGULATIONS, OR ISSUE GUIDELINES TO HELP FACILITATE
OR AUTHORIZE, BUT NOT REQUIRE, THE FILING OF ANY INFORMATION,
SUBMISSION, REPORT OR COMPLIANCE REQUIREMENT IN ACCORDANCE WITH THIS
ARTICLE, ELECTRONICALLY. THE COMMISSION MAY ASSIST ANY MUNICIPALITY OR
GROUP OF MUNICIPALITIES IN ESTABLISHING ITS OWN COSTS-EFFECTIVE ELEC-
TRONIC FILING, SUBMISSION AND COMPLIANCE SYSTEM TO HELP FACILITATE THE
ELECTRONIC FILING OF ANY BINGO INFORMATION, SUBMISSION OR REPORT THAT IS
REQUIRED BY THIS ARTICLE.
§ 27. Subdivision 1 of section 491 of the general municipal law, as
amended by chapter 667 of the laws of 1980, is amended to read as
follows:
1. Within [seven] TEN days after the conclusion of any occasion of
bingo, the authorized organization which conducted the same, and its
members who were in charge thereof, and when applicable the authorized
organization which rented its premises therefor, shall each furnish to
the clerk of the municipality a statement subscribed by the member in
charge and affirmed by him OR HER as true, under the penalties of perju-
ry, 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, 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 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 state, shall be furnished
in the same manner to the [state racing and wagering board] COMMISSION.
§ 28. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
