S T A T E O F N E W Y O R K
________________________________________________________________________
3301
2019-2020 Regular Sessions
I N S E N A T E
February 5, 2019
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
AN ACT to amend the general municipal law, in relation to poker tourna-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 185 of the general municipal law, as amended by
chapter 574 of the laws of 1978, is amended to read as follows:
§ 185. Short title; purpose of article. This article shall be known
and may be cited as the games of chance licensing law. The legislature
hereby declares that the raising of funds for the promotion of bona fide
charitable, educational, scientific, health, religious and patriotic
causes and undertakings, where the beneficiaries are undetermined, is in
the public interest. It hereby finds that, as conducted prior to the
enactment of this article, games of chance were the subject of exploita-
tion by professional gamblers, promoters, and commercial interests, AND
IT FINDS FURTHER THAT TOURNAMENTS OF THE VARIOUS GAMES OF POKER AS
OFFERED BY AUTHORIZED ORGANIZATIONS PURSUANT TO SUBDIVISION TWO OF
SECTION NINE OF ARTICLE ONE OF THE NEW YORK STATE CONSTITUTION, SHOULD
BE REGULATED UNDER THIS ARTICLE. It is hereby declared to be the policy
of the legislature that all phases of the supervision, licensing and
regulation of games of chance and of the conduct of games of chance,
should be closely controlled and that the laws and regulations pertain-
ing thereto should be strictly construed and rigidly enforced; that the
conduct of the game and all attendant activities should be so regulated
and adequate controls so instituted as to discourage commercialization
of gambling in all its forms, including the rental of commercial prem-
ises for games of chance, and to ensure a maximum availability of the
net proceeds of games of chance exclusively for application to the
worthy causes and undertakings specified herein; that the only justi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09323-01-9
S. 3301 2
fication for this article is to foster and support such worthy causes
and undertakings, and that the mandate of section nine of article one of
the state constitution, as amended, should be carried out by rigid regu-
lations to prevent commercialized gambling, prevent participation by
criminal and other undesirable elements and prevent the diversion of
funds from the purposes herein authorized.
§ 2. Subdivision 3 of section 186 of the general municipal law, as
amended by chapter 531 of the laws of 2011, is amended to read as
follows:
3. "Games of chance" shall mean and include only the games known as
"merchandise wheels", "coin boards", "merchandise boards", "seal cards",
"event games", "raffles", "POKER TOURNAMENTS" and "bell jars" and such
other specific games as may be authorized by the board, in which prizes
are awarded on the basis of a designated winning number or numbers,
color or colors, symbol or symbols determined by chance, but not includ-
ing games commonly known as "bingo or lotto" which are controlled under
article fourteen-H of this chapter and also not including "bookmaking",
"policy or numbers games" and "lottery" as defined in section 225.00 of
the penal law. No game of chance shall involve wagering of money by one
player against another player.
§ 3. Section 186 of the general municipal law is amended by adding a
new subdivision 3-f to read as follows:
3-F. "POKER TOURNAMENTS" SHALL MEAN AND INCLUDE CONTESTS IN WHICH
PARTICIPANTS COMPETE BY PLAYING POKER GAMES THAT ARE APPROVED BY THE
BOARD. PLACEMENT IN A POKER TOURNAMENT SHALL BE DETERMINED BY THE NUMBER
OF POKER CHIPS THAT ARE ACCUMULATED DURING THE COURSE OF PLAY OR BY THE
VARIOUS TIMES THAT CONTESTANTS ARE ELIMINATED FROM THE TOURNAMENT DURING
THE COURSE OF PLAY. POKER CHIPS SHALL BE ALLOTTED TO CONTESTANTS IN
ACCORDANCE WITH RULES THAT ARE ADOPTED BY THE BOARD.
§ 4. Subdivision 14 of section 186 of the general municipal law, as
amended by chapter 531 of the laws of 2011, is amended to read as
follows:
14. "One occasion" shall mean the successive operations of any one
single type of game of chance which results in the awarding of a series
of prizes amounting to five hundred dollars or four hundred dollars
during any one license period, in accordance with the provisions of
subdivision eight of section one hundred eighty-nine of this article, as
the case may be. For purposes of the game of chance known as a merchan-
dise wheel or a raffle, "one occasion" shall mean the successive oper-
ations of any one such merchandise wheel or raffle for which the limit
on a series of prizes provided by subdivision six of section one hundred
eighty-nine of this article shall apply. For purposes of the game of
chance known as a bell jar, "one occasion" shall mean the successive
operation of any one such bell jar, seal card, event game, coin board,
or merchandise board which results in the awarding of a series of prizes
amounting to three thousand dollars. For the purposes of the game of
chance known as raffle "one occasion" shall mean a calendar year during
which successive operations of such game are conducted. FOR THE PURPOSE
OF POKER TOURNAMENTS, "ONE OCCASION" SHALL MEAN THE PERIOD OF TIME FROM
THE COMMENCEMENT OF SUCH TOURNAMENT UNTIL A WINNER OR WINNERS ARE DETER-
MINED OR A PRE-DETERMINED TIME TO CONCLUDE THE TOURNAMENT HAS BEEN
REACHED.
§ 5. Paragraph (a) of subdivision 5 of section 189 of the general
municipal law, as amended by section 11 of part MM of chapter 59 of the
laws of 2017, is amended to read as follows:
S. 3301 3
(a) No single prize awarded by games of chance other than raffle OR
POKER TOURNAMENT 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, and for bell jar, no single prize
shall exceed the sum or value of one thousand dollars.
§ 6. Subdivision 8 of section 189 of the general municipal law, as
amended by chapter 434 of the laws of 2016, is amended to read as
follows:
8. Except for merchandise wheels [and], raffles AND POKER TOURNAMENTS,
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 AND POKER TOURNAMENTS,
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 AND POKER TOURNAMENTS, 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.
§ 7. Subdivision 1 of section 195-d of the general municipal law, as
amended by section 13 of part MM of chapter 59 of the laws of 2017, is
amended to read as follows:
1. A fee may be charged by any licensee for admission to any game or
games of chance conducted under any license issued under this article.
The clerk or department may in its discretion fix a minimum fee. NO
MORE THAN ONE HUNDRED DOLLARS SHALL BE CHARGED AS AN ADMISSION FEE TO A
POKER TOURNAMENT. FIFTY PERCENT OF SUCH FEE SHALL BE APPLIED TO A PRIZE
OR PRIZES, AS MAY BE DETERMINED BY THE AUTHORIZED ORGANIZATION, AND
FIFTY PERCENT OF SUCH FEE SHALL BE RETAINED BY THE AUTHORIZED ORGANIZA-
TION, SUBJECT TO THE PROVISIONS OF SUBDIVISION SIX OF SECTION ONE
HUNDRED EIGHTY-SIX OF THIS ARTICLE.
§ 8. Section 195-e of the general municipal law, as amended by section
14 of part MM of chapter 59 of the laws of 2017, 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, 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, through the internet or
television as may be regulated by the rules and regulations of the
commission. When an organization is licensed or authorized to conduct
games of chance on the 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 firefighting or ambulance equipment belonging to any
licensed authorized organization that is a volunteer fire company,
volunteer ambulance corps or upon any equipment of a first aid or rescue
squad in and throughout the community served by such volunteer fire
company, volunteer ambulance corps or such first aid or rescue squad, as
the case may be. All advertisements shall be limited to the description
of such event as "Games of chance" [or], "Las Vegas Night" OR "POKER
TOURNAMENT", the name of the authorized organization conducting such
games, the license number of the authorized organization as assigned by
the clerk or department, the prizes offered and the date, location and
time of the event.
S. 3301 4
§ 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
