Section 20-338
§ 20-338 Short title. This subchapter shall be known and may be cited
as the New York city bingo licensing law.
Section 20-339
§ 20-339 Definitions. As used in this subchapter, the following terms
shall have the following meanings:
a. "Control commission" or "commission" or "board" shall mean the
state racing and wagering board.
b. "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.
c. "Authorized organization" shall mean and include a charitable or
educational non-profit organization or a non-profit organization of
veterans or any bona fide religious or charitable organization or bona
fide educational, fraternal, civil or service organization or bona fide
organization of veterans or volunteer firefighters, 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 article fourteen-H of the general
municipal law, 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 article fourteen-H of
the general municipal law for a period of one year immediately prior to
applying for a license under this subchapter, and provided, such
organization, if unincorporated, has a membership of not less than
twenty-five persons.
d. "License" shall mean a license issued pursuant to the provisions of
this subchapter and article fourteen-H of the general municipal law.
e. "Regular bingo game" shall mean a game that is played on a card or
cards issued to a player upon payment of the admission fee provided in
this subchapter.
f. "Special bingo game" shall mean any game which is not a "regular
bingo game."
g. "Opportunity" shall mean a one-faced chance to participate in a
game or games of bingo.
Section 20-340
§ 20-340 Authority of commissioner. The administrative powers granted
to the governing body of the city under the provisions of article
fourteen-H of the general municipal law, in relation to the issuance,
amendment and cancellation of licenses, the conduct of investigations
and hearings, the supervision of the operation of the games and the
collection and transmission of fees, are hereby conferred upon the
commissioner pursuant to the provisions of section four hundred
ninety-eight of the general municipal law.
Section 20-341
§ 20-341 Conduct of game of bingo by authorized organizations. It
shall be lawful for any authorized organization, upon obtaining a
license therefor as hereinafter provided, to conduct the game of bingo
within the territorial limits of the city, subject to the provisions of
this subchapter, the provisions of article fourteen-H of the general
municipal law and the provisions of the bingo licensing law.
Section 20-342
§ 20-342 Restrictions upon conduct of bingo games. The conduct of
bingo games authorized by this subchapter shall be subject to the
following restrictions:
a. No person, firm, association, corporation or organization other
than a licensee under the provisions of this subchapter, shall conduct
such game or shall lease or otherwise make available for conducting
bingo a hall or other premises for any consideration whatsoever, direct
or indirect.
b. No bingo games shall be held, operated or conducted on or within
any leased premises if rental under such lease is to be paid, wholly or
partly, on the basis of a percentage of the receipts or net profits
derived from the operation of such game.
c. No authorized organization licensed under the provisions of this
subchapter shall purchase or receive any supplies or equipment
specifically designed or adapted for use in the conduct of bingo games
from other than a supplier licensed under the bingo licensing law or
from another authorized organization.
d. The entire net proceeds of any game of bingo and of any rental
shall be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same.
e. No prize shall exceed the sum or value of two hundred fifty dollars
in any single game of bingo.
f. No series of prizes on any one bingo occasion shall aggregate more
than one thousand dollars.
g. No person except a bona fide member of any such organization shall
participate in the management or operation of such game.
h. No person shall receive any remuneration for participating in the
management or operation of any game of bingo.
i. The unauthorized conduct of a bingo game and any wilful violation
of any provision of this subchapter shall constitute and be punishable
as a misdemeanor.
Section 20-343
§ 20-343 Application for license. 1. To conduct bingo. a. Each
applicant for a license shall file with the commissioner a written
application therefor in the form prescribed in the rules and regulations
of the control commission, duly executed and verified, in which shall be
stated the name and address of the applicant together with sufficient
facts relating to its incorporation and organization to enable the
commissioner to determine whether or not it is a bona fide authorized
organization; the names and addresses of its officers; the place or
places where, the date or dates and the time or times when the applicant
intends to conduct bingo under the license applied for; in case the
applicant intends to lease premises for this purpose from other than an
authorized organization, the name and address of the licensed commercial
lessor of such premises, and the capacity or potential capacity for
public assembly purposes of space in any premises presently owned or
occupied by the applicant; the amount of rent to be paid or other
consideration to be given directly or indirectly for each occasion for
use of the premises of another authorized organization licensed under
this subchapter to conduct bingo or for use of the premises of a
licensed commercial lessor; all other items of expense intended to be
incurred or paid in connection with the holding, operating and
conducting of such games of bingo and the names and addresses of the
persons to whom, and the purposes for which, they are to be paid; the
specific purposes to which the entire net proceeds of such games are to
be devoted and in what manner; that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such
bingo game or games or for assisting therein except as in this
subchapter or article fourteen-H of the general municipal law otherwise
provided; and such other information as shall be prescribed by such
rules and regulations.
b. In each application there shall be designated an active member or
members of the applicant organization under whom the game or games of
bingo will be conducted and to the application shall be appended a
statement executed by the member or members so designated, that he or
she or they will be responsible for the conduct of such bingo games in
accordance with the terms of the license and the rules and regulations
of the commission and of this subchapter and article fourteen-H of the
general municipal law.
c. In each application there shall be designated one special bingo
game, to be played on each occasion under such license, which shall be
known as the "jackpot game."
2. Commercial lessor. a. Each applicant for a license to lease
premises to a licensed organization for the purposes of conducting bingo
therein shall file with the commissioner a written application therefor
in a form prescribed in the rules and regulations of the control
commission duly executed and verified, which shall set forth the name
and address of the applicant; designation and address of the premises
intended to be covered by the license sought; lawful capacity for public
assembly purposes; cost of premises and assessed valuation for real
estate tax purposes, or annual net leased rent, whichever is applicable;
gross rentals received and itemized expenses for the immediately
preceding calendar or fiscal year, if any; gross rentals, if any,
derived from bingo during the last preceding calendar or fiscal year;
computation by which proposed rental schedule was determined; number of
occasions on which applicant anticipates receiving rent for bingo during
the ensuing year or shorter period if applicable; proposed rent for each
such occasion; estimated gross rental income from all other sources
during the ensuing year; estimated expenses itemized for the ensuing
year and amount of each item allocated to bingo rentals; a statement
that the applicant in all respects conforms with the specifications
contained in the definition of "authorized commercial lessor" as set
forth in article fourteen-H of the general municipal law, and such other
information as shall be prescribed by such rules and regulations.
b. In the event an applicant shall apply for a license for a
subsequent year, a recapitulation, in a manner prescribed in the rules
and regulations of the commission, shall be made as between said
applicant and the commissioner in respect of the gross rental actually
received during the preceding license period and the fee paid therefor,
and any deficiency of fee thereby shown to be due shall be paid by the
applicant and any excess of fee thereby shown to have been paid shall be
credited to said applicant, in such manner as the commission by rules
and regulations shall prescribe.
Section 20-344
§ 20-344 Investigation; matters to be determined; issuance of license;
fees; duration of license. a. The commissioner 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, and if he or she shall determine that the applicant is duly
qualified to be licensed to conduct bingo under this subchapter and
article fourteen-H of the general municipal law; that the member or
members of the applicant designated in the application to conduct bingo
are bona fide active members of the applicant and are persons of good
moral character and have never been convicted of a crime; that such game
is to be conducted in accordance with the provisions of this subchapter,
article fourteen-H of the general municipal law and in accordance with
the rules and regulations of the commission, and that the proceeds
thereof are to be disposed of as provided by this subchapter and article
fourteen-H of the general municipal law, and if the commissioner is
satisfied that no commission, salary, compensation, reward or recompense
whatever will be paid or given to any person holding, operating or
conducting or assisting in the holding, operation and conduct of any
such games except as in this subchapter or article fourteen-H of the
general municipal law otherwise provided; and that no prize will be
offered and given in excess of the sum or value of two hundred fifty
dollars in any single game and that the aggregate of all prizes offered
and given in all of such games conducted on a single occasion, under
said license shall not exceed the sum or value of one thousand dollars,
he or she shall issue a license to the applicant for the conduct of
bingo upon payment of a license fee of ten dollars for each bingo
occasion; provided, however, that he or she shall refuse to issue a
license to an applicant seeking to conduct bingo in premises of a
licensed commercial lessor where he or she determines that the premises
presently owned or occupied by said applicant are in every respect
adequate and suitable for conducting bingo games.
b. Issuance of licenses to commercial lessors. If the commissioner
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 subchapter and article fourteen-H of the
general municipal law; that the applicant satisfies the requirements for
an authorized commercial lessor as defined in article fourteen-H of the
general municipal law; that the schedule of proposed rentals provides a
fair and reasonable return on the applicant's investment; that the
applicant has filed a schedule of proposed rentals in accordance with
the rules and regulations of the commission and that the commission has
approved such schedule as fair and reasonable and as the maximum rentals
the applicant may charge to any authorized organization; that there is
no diversion of the funds of the proposed lessee from the lawful
purposes as defined in article fourteen-H of the general municipal law;
and that such leasing of a hall or premises for the conduct of bingo is
to be in accordance with the provisions of this subchapter, article
fourteen-H of the general municipal law and in accordance with the rules
and regulations of the commission, he or she 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 he or she 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
schedule set forth therefor in article fourteen-H of the general
municipal law.
c. On or before the thirtieth day of each month, the commissioner of
finance shall transmit to the state comptroller a sum equal to fifty
percent of all license fees collected by the city pursuant to this
section during the preceding calendar month.
d. No license shall be issued under this subchapter and article
fourteen-H of the general municipal law which shall be effective for a
period of more than one year.
Section 20-345
§ 20-345 Hearing; amendment of license. a. No application for the
issuance of a license shall be denied by the commissioner until after a
hearing, held on due notice to the applicant, at which the applicant
shall be entitled to be heard upon the qualifications of the applicant
and the merits of the application.
b. Any license issued under this subchapter and article fourteen-H of
the general municipal law may be amended, upon application made to the
commissioner who issued it, if the subject matter of the proposed
amendment could lawfully and properly have been included in the original
license and upon payment of such additional license fee, if any, as
would have been payable if it had been so included.
Section 20-346
§ 20-346 Form and contents of license; display of license. a. Each
license to conduct bingo shall be in such form as shall be prescribed in
the rules and regulations promulgated by the control commission, and
shall contain a statement of the name and address of the licensee, of
the names and addresses of the member or members of the licensee under
whom the games will be conducted, of the place or places where and the
date or dates and time or times when such games are to be conducted and
of the specific purposes to which the entire net proceeds of such games
are to be devoted; if any prize or prizes are to be offered and given in
cash, a statement of the amounts of the prizes authorized so to be
offered and given; and any other information which may be required by
said rules and regulations to be contained therein, and each license
issued for the conduct of any game shall be conspicuously displayed at
the place where same is to be conducted at all times during the conduct
thereof.
b. Each license to lease premises for conducting bingo shall be in
such form as shall be prescribed in the rules and regulations of the
control commission and shall contain a statement of the name and address
of the licensee and the address of the leased premises, the amount of
permissible rent and any other information which may be required by said
rules and regulations to be contained therein, and each such license
shall be conspicuously displayed upon such premises at all times during
the conduct of bingo.
Section 20-347
§ 20-347 Control and supervision; suspension of licenses; inspection
of premises. The commissioner shall have and exercise rigid control and
close supervision over all games of bingo conducted under any license
issued under this subchapter and article fourteen-H of the general
municipal law, to the end that the same are fairly conducted in
accordance with the provisions of such license, the rules and
regulations promulgated by the control commission and the provisions of
this subchapter and article fourteen-H of the general municipal law and
such commissioner and the control commission shall have the power and
the authority to suspend any license issued by such commissioner and to
revoke the same, after notice and hearing, for violation of any such
provision, and shall have the right of entry, by their respective
officers and agents, at all times into any premises where any game of
bingo is being conducted or where it is intended that any such game
shall be conducted, or where any equipment being used or intended to be
used in the conduct thereof is found, for the purpose of inspecting the
same.
Section 20-348
§ 20-348 Sunday; conduct of games on. Games of bingo may be conducted
after 6 p.m. on the first day of the week, commonly known and designated
as Sunday under any license under this subchapter.
Section 20-349
§ 20-349 Participation by persons under eighteen. No person under the
age of eighteen years shall be admitted to any game or games of bingo
conducted pursuant to any license issued under this subchapter.
Section 20-350
§ 20-350 Frequency of games; sale of alcoholic beverages. No game or
games of bingo shall be conducted under any license issued under this
subchapter and article fourteen-H of the general municipal law more
often than on eighteen days in any three successive calendar months; or
in any room or outdoor area where alcoholic beverages are sold or served
during the progress of the game or games.
Section 20-351
§ 20-351 Persons operating and conducting games; equipment; expenses;
compensation. No person shall hold, operate or conduct any game of bingo
under any license issued under this subchapter and article fourteen-H of
the general municipal law except an active member of the authorized
organization to which the license is issued, and no person shall assist
in the holding, operating or conducting of any game of bingo under such
license except such an active member or a member of an organization or
association which is an auxiliary to the licensee or a member of an
organization or association of which such licensee is an auxiliary or a
member of an organization or association which is affiliated with the
licensee by being, with it, auxiliary to another organization or
association and except bookkeepers or accountants as hereinafter
provided. No game of bingo shall be conducted with any equipment except
such as shall be owned absolutely by the authorized organization so
licensed or used without payment of any compensation therefor by the
licensee. No item of expense shall be incurred or paid in connection
with the conducting of any game of bingo pursuant to any license issued
under this subchapter and article fourteen-H of the general municipal
law, except those that are reasonable and are necessarily expended for
bingo supplies and equipment, prizes, stated rental if any, bookkeeping
or accounting service according to a schedule of compensation prescribed
by the commission, janitorial services and utility supplies if any, and
license fees, and the cost of bus transportation, if authorized by the
control commission.
Section 20-352
§ 20-352 Charge for admission and participation; charge for other
opportunities; amount of prizes, award of prizes. a. No amount other
than one dollar, or such minimum fee as may be fixed by the board shall
be charged by any licensee for admission to any room or place in which
any game or games of bingo are to be conducted under any license issued
under this subchapter and article fourteen-H of the general municipal
law, which admission fee, upon payment thereof, shall entitle the person
paying the same to only two opportunities to participate without
additional charge in all regular games of bingo to be played under such
license on such occasion, and no charge in excess of one dollar, or such
minimum fee as may be fixed by the board, shall be made for a single
opportunity to participate in all special games to be played under such
license on such occasion.
b. Extra regular bingo cards. No less than twenty-five cents shall be
charged by any licensee for two opportunities to participate in regular
games of bingo to be played under such license on such occasion. If the
licensee during any occasion conducts less than three special bingo
games, no less than twenty-five cents shall be charged for each
opportunity to participate in regular games of bingo to be played under
such license on such occasion. All such charges for extra regular bingo
cards shall be in addition to the two opportunities purchased as part of
the admission provided in subdivision a of this section.
c. Special game cards. No less than twenty-five cents shall be charged
by any licensee for a single opportunity to participate in each of more
than one special bingo game other than the jackpot game and no less than
ten cents shall be charged for a single opportunity to participate in
any one specified special bingo game, to be played under such license on
such occasion.
d. Jackpot cards. No less than fifty cents shall be charged by any
licensee for three opportunities to participate in the jackpot game, and
no less than twenty-five cents shall be charged for a single opportunity
to participate in the jackpot game to be played under such license on
such occasion. A card or cards permitting the player to participate in
the jackpot game shall not be used to participate in any other game of
bingo to be played under such license on such occasion.
e. Every winner shall be determined and every prize shall be awarded
and delivered within the same calendar day as that upon which the game
was played. No alcoholic beverage shall be offered or given as a prize
in any such game.
Section 20-353
§ 20-353 Advertising games. No game of bingo to be conducted under any
license issued under this subchapter and article fourteen-H of the
general municipal law shall be advertised as to its location, the time
when it is to be or has been played, or the prizes awarded, or to be
awarded, by means of newspapers, radios, television or sound trucks or
by means of billboards, posters or handbills or any other means
addressed to the general public, except that one sign not exceeding
sixty square feet in area may be displayed on or adjacent to the
premises owned or occupied by a licensed authorized organization, and
when an organization is licensed to conduct bingo on premises of another
licensed authorized organization or of a licensed commercial 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 fire fighting equipment belonging to any licensee, which is a
volunteer fire company, or upon any first-aid or rescue squad equipment
belonging to any licensee, which is a first-aid or rescue squad, in and
throughout the community or communities served by such volunteer fire
company or such first-aid or rescue squad as the case may be.
Section 20-354
§ 20-354 Statement of receipts, expenses; additional license fees. a.
Within fifteen days after the conclusion of the conducting of any game
of bingo, the authorized organization which conducted the same, and its
members who were in charge thereof, and when applicable the authorized
organization which rented its premises therefor, shall each furnish to
the commissioner a duly verified statement showing the amount of the
gross receipts derived therefrom and each item of expense incurred, or
paid, and each item of expenditure made or to be made, the name and
address of each person to whom each such item has been paid, or is to be
paid, with a detailed description of the merchandise purchased or the
services rendered therefor, the net proceeds derived from such game or
rental, as the case may be, and the use to which such proceeds have been
or are to be applied and a list of prizes offered and given, with the
respective values thereof, and it shall be the duty of each licensee to
maintain and keep such books and records as may be necessary to
substantiate the particulars of each such statement.
b. Upon the filing of such statement of receipts, the authorized
organization furnishing the same shall pay to the commissioner as and
for an additional license fee a sum based upon the reported net
proceeds, if any, for the occasion covered by such statement and
determined in accordance with such schedule as shall be established from
time to time by the department to defray the cost of administering the
provisions of this subchapter, article fourteen-H of the general
municipal law and article nineteen-B of the executive law.
Section 20-355
§ 20-355 Examination of books and records; examination of managers,
etc.; disclosure of information. a. The commissioner and the control
commission shall have power to examine or cause to be examined the books
and records of:
1. Any licensed authorized organization so far as they may relate to
bingo including the maintenance, control and disposition of net proceeds
derived from bingo or from the use of its premises for bingo, and to
examine any manager, officer, director, agent, member or employee
thereof under oath in relation to the conduct of any such game under any
such license or the use of its premises for bingo, as the case may be;
2. Any licensed authorized commercial lessor so far as they may relate
to leasing premises for bingo and to examine said lessor or any manager,
officer, director, agent or employee thereof under oath in relation to
such leasing.
b. Any information received pursuant to subdivision a shall not be
disclosed except so far as may be necessary for the purpose of carrying
out the provisions of this subchapter, article fourteen-H of the general
municipal law and article nineteen-B of the executive law.
Section 20-356
§ 20-356 Appeals from commissioner to control commission. Any
applicant for, or holder of, any license issued or to be issued under
this subchapter aggrieved by any action of the commissioner to whom such
application has been made or by whom such license has been issued, may
appeal to the control commission from the determination of such
commissioner by filing with the commissioner a written notice of appeal
within thirty days after the determination or action appealed from, and
upon the hearing of such appeal, the evidence, if any, taken before the
commissioner and any additional evidence may be produced and shall be
considered in arriving at a determination of the matters in issue, and
the action of the control commission upon said appeal shall be binding
upon the commissioner and all parties to such appeal.
Section 20-357
§ 20-357 Exemption from prosecution. No person or corporation: (a)
Lawfully conducting, or participating in the conduct of bingo, or
(b) Permitting the conduct upon any premises owned or leased by him,
her or it under any license lawfully issued pursuant to this subchapter
and article fourteen-H of the general municipal law, shall be liable to
prosecution or conviction for violation of any provision of article one
hundred thirty of the penal law or any other law or ordinance to the
extent that such conduct is specifically authorized by this subchapter
or article fourteen-H of the general municipal law, but this immunity
shall not extend to any person or corporation knowingly conducting or
participating in the conduct of any game of bingo under any license
obtained by any false pretense or by any false statement made in any
application for license or otherwise, or permitting the conduct upon any
premises owned or leased by him, her or it of any game of bingo
conducted under any license known to him, her or it to have been
obtained by any such false pretense or statement.
Section 20-358
§ 20-358 Offenses, forfeitures of license; ineligibility to apply for
license. Any person, association or corporation who or which shall:
(a) make any false statement in any application for any license
authorized to be issued under this subchapter or article fourteen-H of
the general municipal law;
(b) pay or receive, for the use of any premises for conducting bingo,
a rental in excess of the amount specified as the permissible rent in
the license provided for in this subchapter or article fourteen-H of the
general municipal law;
(c) fail to keep such books and records as shall fully and truly
record all transactions connected with the conducting of bingo or the
leasing of premises to be used for the conduct of bingo;
(d) falsify or make any false entry in any books or records so far as
they relate in any manner to the conduct of bingo, to the disposition of
the proceeds thereof and to the application of the rents received by any
authorized organization;
(e) divert or pay any portion of the net proceeds of any game of bingo
to any person, association or corporation, except in furtherance of one
or more of the lawful purposes defined in article fourteen-H of the
general municipal law; or
(f) violate any of the provisions of this subchapter or article
fourteen-H of the general municipal law or of any term of any license
issued under this subchapter; shall be guilty of a misdemeanor and shall
forfeit any license issued under this subchapter or article fourteen-H
of the general municipal law and be ineligible to apply for a license
under this subchapter or article fourteen-H of the general municipal law
for one year thereafter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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