Legislation
SECTION 481
Investigation; matters to be determined; issuance of license; fees; duration of license
General Municipal (GMU) CHAPTER 24, ARTICLE 14-H
§ 481. Investigation; matters to be determined; issuance of license;
fees; duration of license. 1. The governing body of the municipality
shall make an investigation of the qualifications of each applicant and
the merits of each application, with due expedition after the filing of
the application.
(a) Issuance of licenses to conduct bingo. If the governing body of
the municipality determines:
(i) that the applicant is duly qualified to be licensed to conduct
bingo under this article;
(ii) that the member or members of the applicant designated in the
application to conduct bingo are bona fide active members or auxiliary
members of the applicant and are persons of good moral character and
have never been 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;
(iii) that such games of bingo are to be conducted in accordance with
the provisions of this article and in accordance with the rules and
regulations of the commission;
(iv) that the proceeds thereof are to be disposed of as provided by
this article;
(v) that no commission, salary, compensation, reward or recompense
whatsoever will be paid or given to any person holding, operating or
conducting or assisting in the holding, operation and conduct of any
such games of bingo except as in this article otherwise provided; and
(vi) that no prize will be offered and given in excess of the sum or
value of five thousand dollars in any single game of bingo and that the
aggregate of all prizes offered and given in all of such games of bingo
conducted on a single occasion under said license shall not exceed the
sum or value of fifteen thousand dollars, then the municipality 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.
Notwithstanding anything to the contrary in this paragraph, the
governing body shall refuse to issue a license to an applicant seeking
to conduct bingo in premises of a licensed commercial lessor where such
governing body determines that the premises presently owned or occupied
by such applicant are in every respect adequate and suitable for
conducting bingo games.
(b) Issuance of licenses to commercial lessors. If the governing body
of the municipality shall determine that the applicant seeking to lease
a hall or premises for the conduct of bingo to an authorized
organization is duly qualified to be licensed under this article; that
the applicant satisfies the requirements for an authorized commercial
lessor as defined in section four hundred seventy-six that at the time
of the issuance of an initial license, the governing body of the
municipality shall find and determine that there is a public need and
that public advantage will be served by the issuance of such license;
that the applicant has filed its proposed rent for each bingo occasion;
that the commission has approved as fair and reasonable a schedule of
maximum rentals for each such occasion; that there is no diversion of
the funds of the proposed lessee from the lawful purposes as defined in
this article; and that such leasing of a hall or premises for the
conduct of bingo is to be in accordance with the provisions of this
article and in accordance with the rules and regulations of the
commission, it shall issue a license permitting the applicant to lease
said premises for the conduct of bingo to the authorized organization or
organizations specified in the application during the period therein
specified or such shorter period as the governing body of the
municipality shall determine, but not to exceed one year, upon payment
of a license fee of ten dollars plus an amount based upon the aggregate
rent specified in the license and determined in accordance with the
following schedule:
aggregate rental of $100 to $499 ....................... $5.00
aggregate rental of $500 to $999 ...................... $25.00
aggregate rental of $1,000 to $2,499 .................. $50.00
aggregate rental of $2,500 to $4,999 ................. $125.00
aggregate rental of $5,000 to $9,999 ................. $250.00
aggregate rental of $10,000 to $49,999 ............... $500.00
aggregate rental of $50,000 to $100,000 ............ $2,500.00
aggregate rental in excess of $100,000 ............. $5,000.00
2. On or before the thirtieth day of each month, the treasurer of the
municipality shall transmit to the state comptroller a sum equal to
fifty percent of all commercial lessor license fees and the sum of
eleven dollars and twenty-five cents per occasion of all license fees
for the conduct of bingo collected by such municipality pursuant to this
section during the preceding calendar month.
3. No license shall be issued under this article which shall be
effective 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 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 of twelve 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.
fees; duration of license. 1. The governing body of the municipality
shall make an investigation of the qualifications of each applicant and
the merits of each application, with due expedition after the filing of
the application.
(a) Issuance of licenses to conduct bingo. If the governing body of
the municipality determines:
(i) that the applicant is duly qualified to be licensed to conduct
bingo under this article;
(ii) that the member or members of the applicant designated in the
application to conduct bingo are bona fide active members or auxiliary
members of the applicant and are persons of good moral character and
have never been 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;
(iii) that such games of bingo are to be conducted in accordance with
the provisions of this article and in accordance with the rules and
regulations of the commission;
(iv) that the proceeds thereof are to be disposed of as provided by
this article;
(v) that no commission, salary, compensation, reward or recompense
whatsoever will be paid or given to any person holding, operating or
conducting or assisting in the holding, operation and conduct of any
such games of bingo except as in this article otherwise provided; and
(vi) that no prize will be offered and given in excess of the sum or
value of five thousand dollars in any single game of bingo and that the
aggregate of all prizes offered and given in all of such games of bingo
conducted on a single occasion under said license shall not exceed the
sum or value of fifteen thousand dollars, then the municipality 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.
Notwithstanding anything to the contrary in this paragraph, the
governing body shall refuse to issue a license to an applicant seeking
to conduct bingo in premises of a licensed commercial lessor where such
governing body determines that the premises presently owned or occupied
by such applicant are in every respect adequate and suitable for
conducting bingo games.
(b) Issuance of licenses to commercial lessors. If the governing body
of the municipality shall determine that the applicant seeking to lease
a hall or premises for the conduct of bingo to an authorized
organization is duly qualified to be licensed under this article; that
the applicant satisfies the requirements for an authorized commercial
lessor as defined in section four hundred seventy-six that at the time
of the issuance of an initial license, the governing body of the
municipality shall find and determine that there is a public need and
that public advantage will be served by the issuance of such license;
that the applicant has filed its proposed rent for each bingo occasion;
that the commission has approved as fair and reasonable a schedule of
maximum rentals for each such occasion; that there is no diversion of
the funds of the proposed lessee from the lawful purposes as defined in
this article; and that such leasing of a hall or premises for the
conduct of bingo is to be in accordance with the provisions of this
article and in accordance with the rules and regulations of the
commission, it shall issue a license permitting the applicant to lease
said premises for the conduct of bingo to the authorized organization or
organizations specified in the application during the period therein
specified or such shorter period as the governing body of the
municipality shall determine, but not to exceed one year, upon payment
of a license fee of ten dollars plus an amount based upon the aggregate
rent specified in the license and determined in accordance with the
following schedule:
aggregate rental of $100 to $499 ....................... $5.00
aggregate rental of $500 to $999 ...................... $25.00
aggregate rental of $1,000 to $2,499 .................. $50.00
aggregate rental of $2,500 to $4,999 ................. $125.00
aggregate rental of $5,000 to $9,999 ................. $250.00
aggregate rental of $10,000 to $49,999 ............... $500.00
aggregate rental of $50,000 to $100,000 ............ $2,500.00
aggregate rental in excess of $100,000 ............. $5,000.00
2. On or before the thirtieth day of each month, the treasurer of the
municipality shall transmit to the state comptroller a sum equal to
fifty percent of all commercial lessor license fees and the sum of
eleven dollars and twenty-five cents per occasion of all license fees
for the conduct of bingo collected by such municipality pursuant to this
section during the preceding calendar month.
3. No license shall be issued under this article which shall be
effective 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 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 of twelve 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.