Legislation

§ 189-a. Authorized supplier of games of chance equipment. No person,
firm, partnership, corporation or organization, shall sell or distribute
supplies or equipment specifically designed or adapted for use in
conduct of games of chance without having first obtained a license
therefor upon written application made, verified and filed with the
commission in the form prescribed by the rules and regulations of the
commission. As a part of its determination concerning the applicant's
suitability for licensing as a games of chance supplier, the commission
shall require the applicant to furnish to the commission two sets of
fingerprints. Such fingerprints shall be submitted to the division of
criminal justice services for a state criminal history record check, as
defined in subdivision one of section three thousand thirty-five of the
education law, and may be submitted to the federal bureau of
investigation for a national criminal history record check.
Manufacturers of bell jar tickets shall be considered suppliers of such
equipment. In each such application for a license under this section
shall be stated the name and address of the applicant; the names and
addresses of its officers, directors, shareholders or partners; the
amount of gross receipts realized on the sale and rental of games of
chance supplies and equipment to duly licensed authorized organizations
during the last preceding calendar or fiscal year, and such other
information as shall be prescribed by such rules and regulations. The
fee for such license shall be a sum equal to twenty-five dollars plus an
amount equal to two per centum of the gross sales and rentals, if any,
of games of chance equipment and supplies to authorized organizations or
authorized games of chance lessors by the applicant during the preceding
calendar year, or fiscal year if the applicant maintains their accounts
on a fiscal year basis; provided, however, that for manufacturers of
electronic bell jar vending machines, the fee for such license shall be
one thousand dollars. No license granted pursuant to the provisions of
this section shall be effective for a period of more than one year.

(a) The following shall be ineligible for such a license:

(1) a person convicted of a crime if there is a direct relationship
between one or more of the previous criminal offenses and the integrity
or safety of charitable gaming, considering the factors set forth in
article twenty-three-A of the correction law;

(2) a person who is or has been a professional gambler or gambling
promoter or who for other reasons is not of good moral character;

(3) a public officer or employee;

(4) an authorized games of chance lessor;

(5) a firm or corporation in which a person defined in paragraph (1),
(2), (3) or (4) of this subdivision has greater than a ten percent
proprietary, equitable or credit interest or in which such a person is
active or employed.

(b) The board shall have power to examine or cause to be examined the
books and records of any applicant for a license, under this section.
Any information so received shall not be disclosed except so far as may
be necessary for the purpose of carrying out the provisions of this
article.

(c) Any solicitation of an organization licensed to conduct games of
chance, to purchase or induce the purchase of games of chance supplies
and equipment, other than by a person licensed or otherwise authorized
pursuant to this section shall constitute a violation of this section.

(d) Any person who willfully shall make any material false statement
in any application for a license authorized to be issued under this
section or who willfully shall violate any of the provisions of this
section or of any license issued hereunder shall be guilty of a
misdemeanor and, in addition to the penalties in such case made and
provided, shall forfeit any license issued to him or it under this
section and be ineligible to apply for a license under this section for
one year thereafter.

(e) At the end of such period specified in the license, a
recapitulation shall be made as between the licensee and the board in
respect of the gross sales and rentals actually recorded during that
period and the fee paid therefor, and any deficiency of fee thereby
shown to be due shall be paid by the licensee and any excess of fee
thereby shown to have been paid shall be credited to said licensee in
such manner as the board by the rules and regulations shall prescribe.