S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5391
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Racing and Wagering
 
 AN  ACT  to amend the general municipal law, in relation to employees of
   authorized organizations operating games of chance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 10 and 11 of section 189 of the general munic-
 ipal  law, as amended by chapter 574 of the laws of 1978, are amended to
 read as follows:
   10. No person except a bona fide member OR EMPLOYEE  of  the  licensed
 authorized  organization  shall  participate  in  the management of such
 games; no person except a bona fide member OR EMPLOYEE of  the  licensed
 authorized organization, its auxiliary or affiliated 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 OTHER THAN AN EMPLOYEE shall  receive  any  remuneration
 for participating in the management or operation of any such game.
   § 2. Section 195-c of the general municipal law, as amended by chapter
 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 EMPLOYEE  of  the
 authorized  organization  to which the license is issued, or a bona fide
 member OR EMPLOYEE of an organization or association which is an  auxil-
 iary  to  the licensee or a bona fide member OR EMPLOYEE of an organiza-
 tion or association of which such licensee is an  auxiliary  or  a  bona
 fide  member  OR  EMPLOYEE  of  an  organization or association 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  oper-
 ate  games  of  chance  nor to prevent non-members OR NON-EMPLOYEES from
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03728-01-3
              

 A. 5391                             2
 
 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  organiza-
 tion  shall upon request certify, under oath, that the persons operating
 any game of chance are bona fide members OR EMPLOYEES of such authorized
 organization, 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 sched-
 ule of compensation prescribed by the  board,  janitorial  services  and
 utility supplies if any, and license fees, and the cost of bus transpor-
 tation,  if authorized by such clerk or department. No commission, sala-
 ry, compensation, reward or recompense shall be paid  or  given  to  any
 person OTHER THAN AN EMPLOYEE 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.
   § 3. This act shall take effect immediately.