§ 476. Definitions. As used in this article, the following terms shall
have the following meanings:

1. "Municipality" shall mean any city, town or village within this
state.

2. "Control commission" or "commission" shall mean the New York state
gaming commission created pursuant to section one hundred two of the
racing, pari-mutuel wagering and breeding law.

3. "Bingo" or "game" shall mean and include a specific game of chance,
commonly known as bingo or lotto, in which prizes are awarded on the
basis of designated numbers or symbols on a card conforming to numbers
or symbols selected at random.

4. "Authorized organization" shall mean and include any bona fide
religious or charitable organization or bona fide educational,
fraternal, civic or service organization or bona fide organization of
veterans, volunteer firefighters, or volunteer ambulance workers, which
by its charter, certificate of incorporation, 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 one year immediately prior to
applying for a license under this article.

5. "Bingo control law" shall mean article nineteen-B of the executive
law.

6. "Lawful purposes" shall mean one or more of the following causes,
deeds or activities:

(a) Those which shall benefit needy or deserving persons indefinite in
number by enhancing their opportunity for religious or educational
advancement, by relieving them from disease, suffering or distress, or
by contributing to their physical well-being, by assisting them in
establishing themselves in life as worthy and useful citizens, or by
increasing their comprehension of and devotion to the principles upon
which this nation was founded and enhancing their loyalty to their
governments;

(b) Those which shall initiate, perform or foster worthy public works
or shall enable or further the erection or maintenance of public
structures;

(c) Those which shall initiate, perform or foster the provisions of
services to veterans by encouraging the gathering of such veterans and
shall enable or further the erection or maintenance of facilities for
use by such veterans which shall be used primarily for charitable or
patriotic purposes, or those purposes which shall be authorized by a
bona fide organization of veterans, provided however that such proceeds
are disbursed in accordance with the rules and regulations of the state
gaming commission.

(d) Those which shall otherwise lessen the burdens borne by government
or which are voluntarily undertaken by an authorized organization to
augment or supplement services which government would normally render to
the people.

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
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, if 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
deducting the reasonable sums necessarily and actually expended for
janitorial services and utility supplies directly attributable thereto
if any.

8. "Net lease" shall mean a written agreement between a lessor and
lessee under the terms of which the lessee is entitled to the
possession, use or occupancy of the whole or part of any commercial
premises for which the lessee pays rent to the lessor and likewise
undertakes to pay substantially all of the regularly recurring expenses
incident to the operation and maintenance of such leased premises.

9. "Authorized commercial lessor" shall mean a person, firm or
corporation other than a licensee to conduct bingo under the provisions
of this article, who or which owns or is a net lessee of premises and
offer the same for leasing by him, her or it to an authorized
organization 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 if there is a direct relationship
between one or more of the previous criminal offenses and the integrity
or safety of bingo, considering the factors set forth in article
twenty-three-A 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
indirect, as owner or lessor of premises offered for the purpose of
conducting bingo therein;

(d) a firm or corporation in which a person defined in paragraph (a),
(b) or (c) of this subdivision or a person married or related in the
first degree to such a person has greater than a ten percent
proprietary, equitable or credit interest or in which such a person is
active or employed.

Nothing contained in this subdivision shall be construed to bar any
firm or corporation that is not organized for pecuniary profit and no
part of the net earnings of which inure to the benefit of any
individual, 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 of
twelve 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. "Supercard" shall mean a bingo card on which prizes are awarded,
which card is selected by the player, containing five designated
numbers, colors or symbols, corresponding to the letters B, I, N, G, O,
displayed on the bingo board of the bingo premises operator, which can
be played concurrently with the other bingo cards played during the game
of bingo.

11-a. "Early bird" shall mean a bingo game which is played as a
special game, conducted not more than twice 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 eighty-one, nor the special game opportunity charge limit
imposed by section four hundred eighty-nine of this article. The
percentage shall be specified 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.

11-b. "Bonus ball" shall mean a bingo game that is played in
conjunction with one or more regular or special bingo games designated
as bonus ball games by the licensed authorized organization during one
or more consecutive bingo occasions in which a prize is awarded to the
player obtaining a specified winning bingo pattern when the last number
called by the licensed authorized organization is the designated bonus
ball number. The bonus ball prize shall be based upon a percentage of
the sales from opportunities to participate in bonus ball games not to
exceed seventy-five percent of the sum of money received from the sale
of bonus ball opportunities or six thousand dollars, whichever shall be
less, and which is not 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 eighty-one of
this article. The percentage shall be specified both in the application
for the bingo license and the license. Notwithstanding section four
hundred eighty-nine of this article, not more than one dollar shall be
charged per player for an opportunity to participate in all bonus ball
games conducted during a single bingo occasion, and the total amount
collected from the sale of bonus ball opportunities and the amount of
the prize to be awarded shall be announced prior to the start of each
bingo occasion.

12. "Prize", where supercard is played as set forth in subdivision
eleven of this section, shall mean the sum of money or actual value of
merchandise awarded to the winner or winners on a game card during a
game of bingo and the sum of money or actual value of merchandise
awarded to the winner or winners on a supercard in excess of the total
receipts derived from the sale of supercards for that specific game.

13. "Ancillary non-gaming activity" shall mean any activity not
directly related to the conduct or outcome of any game of bingo, and
shall include assisting at any food concession, cleaning, maintenance
and site preparation at the location where games of bingo are conducted.