§ 185 Short Title; Purpose of Article
§ 186 Definitions
§ 187 Local Option
§ 188 Local Laws and Ordinances
§ 188-A Powers and Duties of the Board
§ 189 Restrictions Upon Conduct of Games of Chance
§ 189-A Authorized Supplier of Games of Chance Equipment
§ 189-B Declaration of State’s Exemption From Operation of Provisions of 15 U.S.C. (1172)
§ 189-C Legal Shipments of Gaming Devices Into New York State
§ 190 Application for License
§ 190-A Raffles; License Not Required
§ 191 Investigation; Matters to Be Determined; Issuance of License; Fees; Duration of License
§ 192 Hearing; Amendment of License
§ 193 Form and Contents of License; Display of License
§ 194 Control and Supervision; Suspension of Identification Numbers and Licenses; Inspection of Premises
§ 195 Sunday; Conduct of Games On
§ 195-A Participation by Persons Under Eighteen
§ 195-B Frequency of Games
§ 195-C Persons Operating Games; Equipment; Expenses; Compensation
§ 195-D Charge for Admission and Participation; Amount of Prizes; Award of Prizes
§ 195-E Advertising Games
§ 195-F Statement of Receipts, Expenses; Additional License Fees
§ 195-G Examination of Books and Records; Examination of Officers and Employees; Disclosure of Information
§ 195-H Appeals From the Decision of an Officer, Clerk or Department to Board
§ 195-I Exemption From Prosecution
§ 195-J Offenses; Forfeiture of License; Ineligibility to Apply for License
§ 195-K Unlawful Games of Chance
§ 195-L Article Inoperative Until Adopted by Voters
§ 195-M Amendment and Repeal of Local Laws and Ordinances
§ 195-N Manufacturers of Bell Jars; Reports and Records
§ 195-O Distributor of Bell Jars; Reports and Records
§ 195-P Transfer Restrictions
§ 195-Q Bell Jar Compliance and Enforcement
§ 195-R Severability

Terms Used In New York Laws > General Municipal > Article 9-A - Local Option for Conduct of Games of Chance by Certain Organizations

  • Advisory period: means that period no earlier than July first, two thousand six, after which the authority has determined that (a) for each of the three immediately preceding city fiscal years, the city has adopted and adhered to budgets covering all expenditures, other than capital items, the results of which did not show a deficit, without the use of any authority assistance, as provided for under section thirty-eight hundred fifty-seven of this title, when reported in accordance with generally accepted accounting principles and (b) the comptroller and the state comptroller jointly certify that securities were sold by the city during the immediately preceding city fiscal year in the general public market and that there is a substantial likelihood that such securities can be sold by the city in the general public market from such date through the end of the next succeeding city fiscal year in amounts that will satisfy substantially all of the capital and cash flow requirements of the city during that period in accordance with the financial plan then in existence. See N.Y. Public Authorities Law 3851
  • Advisory period: means a period of time from the effective date of this title until the date when (a) the authority shall determine that for each fiscal year, through and including fiscal year two thousand twelve, that the county has adopted and adhered to budgets covering all expenditures the results of which do not show a major operating funds deficit when reported in accordance with generally accepted accounting principles, subject to the provisions of this title, and shall further determine that in the then current fiscal year there is a substantial likelihood that the results of the county's operations will not show a deficit in the major operating funds when so reported and (b) the comptroller shall certify that securities were sold by or for the benefit of the county during the fiscal year immediately preceding such date and the then current fiscal year in the general public market satisfied the financing requirements of the county during such period and that there is a substantial likelihood that such securities can be sold in the general public market from such date through the end of the next succeeding fiscal year in amounts which will satisfy substantially all of the capital and cash flow requirements of the county during such period in accordance with the financial plan then in effect. See N.Y. Public Authorities Law 3951
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Authorized games of chance lessor: shall mean an authorized organization which has been granted a lessor's license pursuant to the provisions of this article or a municipality. See N.Y. General Municipal Law 186
  • Authorized organization: shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal 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 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 three years immediately prior to applying for a license under this article. See N.Y. General Municipal Law 186

  • Balanced budget: A budget in which receipts equal outlays.
  • Bell jars: shall mean and include those games in which a participant shall draw a card from a jar, vending machine, or other suitable device or container which contains numbers, colors or symbols that are covered and which, when uncovered, may reveal that a prize shall be awarded on the basis of a designated winning number, color or symbol or combination of numbers, colors or symbols. See N.Y. General Municipal Law 186
  • BFSA: means the public benefit corporation created by this title. See N.Y. Public Authorities Law 3851
  • Board: shall mean New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. General Municipal Law 186
  • Cash flow borrowings: means :

    (a) notes issued by the authority on behalf of the city, the city's dependent school district or any other covered organization, the proceeds of which are used to address temporary cash flow needs of the city, the city's dependent school district or the applicable covered organization; and

    (b) bonds, notes and other obligations issued by the authority to refund notes of the authority described in paragraph (a) of this subdivision. See N.Y. Public Authorities Law 3851

  • Chief fiscal officer: means the chief fiscal officer of the city as defined in section 2. See N.Y. Public Authorities Law 3851
  • City: means the city of Buffalo. See N.Y. Public Authorities Law 3851
  • City charter: means the city government law of the city of Buffalo, as amended. See N.Y. Public Authorities Law 3851
  • City tax revenues: means the portion of the county's "net collections" as defined in section twelve hundred sixty-two of the tax law, payable to the city under the agreement among the county, the city and the cities of Lackawanna and Tonawanda entered into pursuant to the authority of subdivision (c) of section twelve hundred sixty-two of the tax law. See N.Y. Public Authorities Law 3851
  • Clerk: shall mean the clerk of a municipality outside the city of New York. See N.Y. General Municipal Law 186
  • Comptroller: means the comptroller of the city. See N.Y. Public Authorities Law 3851
  • Comptroller: means the comptroller of the county. See N.Y. Public Authorities Law 3951
  • Control period: means that period of time from the effective date of this title, continuing until the authority determines that conditions have been met as provided in subdivision one of this section and the city qualifies for the onset of an advisory period. See N.Y. Public Authorities Law 3851
  • Control period: means a period determined by the authority in accordance with section thirty-nine hundred fifty-nine of this title. See N.Y. Public Authorities Law 3951
  • costs: means costs to finance (a) amounts necessary to accomplish a refunding, repayment or restructuring of a portion of the city's outstanding indebtedness or that of any covered organization, (b) cash flow needs of the city or any covered organization, (c) any object or purpose of the city or any covered organization, for which a period of probable usefulness is prescribed in section 11. See N.Y. Public Authorities Law 3851
  • costs: means costs to finance (a) amounts necessary to finance a portion of the operating costs of the county or any covered organization as provided in sections thirty-nine hundred fifty-six and section thirty-nine hundred fifty-seven of this title, to the extent approved by the authority, (b) amounts necessary to accomplish a refunding, repayment or restructuring of all or a portion of the county's outstanding indebtedness or that of any covered organization, (c) cash flow needs of the county or any covered organization, (d) any object or purpose of the county or any covered organization, for which a period of probable usefulness is prescribed in section 11. See N.Y. Public Authorities Law 3951
  • Council: means the city council of the city of Buffalo. See N.Y. Public Authorities Law 3851
  • County: means the county of Erie. See N.Y. Public Authorities Law 3851
  • County: means Erie county. See N.Y. Public Authorities Law 3951
  • County charter: means the county government law of Erie county, as amended. See N.Y. Public Authorities Law 3951
  • County executive: means the county executive of the county. See N.Y. Public Authorities Law 3951
  • Covered organization: means the city school district, the joint schools construction board of the city, as described in chapter six hundred five of the laws of two thousand, as amended, and the Buffalo municipal housing authority and any governmental agency, public authority or public benefit corporation which receives or may receive moneys directly, indirectly or contingently from the city, but excluding the authority and (a) any other governmental agency, public authority or public benefit corporation specifically exempted from the provisions of this title by order of the authority upon application of such agency, public authority, or corporation to the authority or on the authority's own motion upon a finding by the authority that such exemption does not materially affect the ability of the city to adopt and maintain a budget pursuant to the provisions of this title, or (b) any state public authority defined in section two hundred one of the civil service law, unless specifically named above; provided, however, that the authority may terminate any exemption granted by order of the authority pursuant to this subdivision upon a determination that the circumstances upon which such exemption was granted are no longer applicable. See N.Y. Public Authorities Law 3851
  • Covered organization: means any governmental agency, public authority or public benefit corporation which receives or may receive moneys directly, indirectly or contingently from the county, but excluding the authority and (a) any other governmental agency, public authority or public benefit corporation specifically exempted from the provisions of this title by order of the authority upon application of such agency, public authority, or corporation to the authority or on the authority's own motion upon a finding by the authority that such exemption does not materially affect the ability of the county to adopt and maintain a budget pursuant to the provisions of this title, or (b) any state public authority defined in section two hundred one of the civil service law, unless specifically named above; provided, however, no municipality or school district shall be treated as a covered organization solely because it shares sales and compensating use tax revenue with the county, provided further, that the authority may terminate any exemption granted by order of the authority pursuant to this subdivision upon a determination that the circumstances upon which such exemption was granted are no longer applicable. See N.Y. Public Authorities Law 3951
  • Department: shall mean the New York City Department of Consumer Affairs. See N.Y. General Municipal Law 186
  • Dependent: A person dependent for support upon another.
  • Director of the budget: means the director of the budget of the state. See N.Y. Public Authorities Law 3851
  • Director of the budget: means the director of the budget of the state. See N.Y. Public Authorities Law 3951
  • ECFSA: means the public benefit corporation created by this title. See N.Y. Public Authorities Law 3951
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Event game: shall mean a bell jar game in which certain winners are determined by the random selection of one or more bingo numbers, the use of a seal card or by another method approved by the board. See N.Y. General Municipal Law 186
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Financial plan: means the financial plan of the city and the covered organizations to be developed pursuant to section thirty-eight hundred fifty-seven of this title, as from time to time amended. See N.Y. Public Authorities Law 3851
  • Financial plan: means the financial plan of the county and the covered organizations to be developed pursuant to section thirty-nine hundred fifty-seven of this title, as from time to time amended. See N.Y. Public Authorities Law 3951
  • Flare: shall mean a poster description of the bell jar game, which shall include a declaration of the number of winners and amount of prizes in each deal, the number of prizes available in the deal, the number of tickets in each deal which contain the stated prize; the manufacturer's game form number, and the serial number of the deal which shall be identical to the serial number imprinted on each ticket contained in the deal. See N.Y. General Municipal Law 186
  • Games of chance: shall mean and include only the games known as "merchandise wheels" "coin boards" "merchandise boards" "seal cards" "event games" "raffles" and "bell jars" and such other specific games as may be authorized by the board, in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but not including games commonly known as "bingo or lotto" which are controlled under article fourteen-H of this chapter and also not including "bookmaking" "policy or numbers games" and "lottery" as defined in section 225. See N.Y. General Municipal Law 186
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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 wellbeing, 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. See N.Y. General Municipal Law 186

  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislature: means the legislature of the county. See N.Y. Public Authorities Law 3951
  • License period: shall mean a period of time not to exceed fourteen consecutive hours and, for purposes of the game of chance known as a bell jar and a raffle, "license period" shall mean a period of time running from January first to December thirty-first of each year. See N.Y. General Municipal Law 186
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Major operating funds: means the city general fund, the board of education general fund, the city enterprise funds, the board of education special project funds, together with any other funds of the city or a covered organization from time to time designated by the authority. See N.Y. Public Authorities Law 3851
  • Major operating funds: means the county general fund, the social services fund, the county road fund, the capital fund, the debt service fund, the sewer fund, together with any other funds of the county or a covered organization from time to time designated by the authority. See N.Y. Public Authorities Law 3951
  • Mayor: means the mayor of the city. See N.Y. Public Authorities Law 3851
  • merchandise board: shall mean a board used in conjunction with bell jar tickets which contains and displays various coins and/or merchandise as prizes. See N.Y. General Municipal Law 186
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Municipality: shall mean any city, town or village within this state. See N.Y. General Municipal Law 186
  • Net proceeds: shall mean (a) in relation to the gross receipts from one or more license periods of games of chance, the amount that shall remain after deducting the reasonable sums necessarily and actually

    expended

    for

    supplies

    and

    equipment,

    prizes, security-personnel, stated rental if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the board, janitorial services and utility supplies if any, license fees, and the cost of bus transportation, if authorized by the clerk or department and (b) in relation to the gross rent received by an authorized games of chance lessor for the use of its premises by a game of chance 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. See N.Y. General Municipal Law 186

  • Oath: A promise to tell the truth.
  • Officer: shall mean the chief law enforcement officer of a municipality outside the city of New York, or if such municipality exercises the option set forth in subdivision two of section one hundred ninety-four of this article, the chief law enforcement officer of the county. See N.Y. General Municipal Law 186
  • One occasion: shall mean the successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to five hundred dollars or four hundred dollars during any one license period, in accordance with the provisions of subdivision eight of section one hundred eighty-nine of this article, as the case may be. See N.Y. General Municipal Law 186
  • Operation: shall mean the play of a single type of game of chance necessary to determine the outcome or winners each time wagers are made. See N.Y. General Municipal Law 186
  • Premises: shall mean a designated area within a building, hall, tent, or grounds reasonably identified for the conduct of games of chance. See N.Y. General Municipal Law 186
  • Projected gap: means the excess, if any, of annual aggregate projected expenditures over annual aggregate projected revenues for the

    major operating funds in each year of a financial plan as determined by the city and certified by the authority. See N.Y. Public Authorities Law 3851

  • Projected gap: means the excess, if any, of annual aggregate projected expenditures over annual aggregate projected revenues for the major operating funds in each year of a financial plan as determined by the county and certified by the authority. See N.Y. Public Authorities Law 3951
  • Raffle: shall mean and include those games of chance in which a participant pays money in return for a ticket or other receipt and in which a prize is awarded on the basis of a winning number or numbers, color or colors, or symbol or symbols designated on the ticket or receipt, determined by chance as a result of:

    (a) a drawing from among those tickets or receipts previously sold; or

    (b) a random event, the results of which correspond with tickets or receipts previously sold. See N.Y. General Municipal Law 186

  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
  • Revenues: means revenues of the authority consisting of city tax revenues, school district tax revenues, state aid revenues, and all other aid, rents, fees, charges, gifts, payments and other income and receipts paid or payable to the authority or a trustee for the account of the authority, to the extent such amounts are pledged to bondholders. See N.Y. Public Authorities Law 3851
  • Revenues: means revenues of the authority consisting of county tax revenues, state aid revenues, and all other aid, rents, fees, charges, payments and other income and receipts paid or payable to the authority or a trustee for the account of the authority to the extent such amounts are pledged to bondholders. See N.Y. Public Authorities Law 3951
  • School district tax revenues: means the portion of the county's "net collections" as defined in section twelve hundred sixty-two of the tax law, payable to the city's dependent school district by the county pursuant to the authority of subdivision (a) of section twelve hundred sixty-two of the tax law. See N.Y. Public Authorities Law 3851
  • Seal cards: shall mean a board or placard used in conjunction with a deal of the same serial number which contains one or more concealed areas that, when removed or opened, reveal a predesignated winning number, letter, or symbol located on the board or placard. See N.Y. General Municipal Law 186
  • Series of prizes: shall mean the total amount of single prizes minus the total amount of wagers lost during the successive operations of a single type of game of chance, except that for merchandise wheels and raffles, "series of prizes" shall mean the sum of cash and the fair market value of merchandise awarded as single prizes during the successive operations of any single merchandise wheel or raffle. See N.Y. General Municipal Law 186
  • Single prize: shall mean the sum of money or fair market value of merchandise or coins awarded to a participant by a games of chance licensee in any one operation of a single type of game of chance in excess of his wager. See N.Y. General Municipal Law 186
  • Single type of game: shall mean the games of chance known as merchandise wheels, coin boards, merchandise boards, event games, raffles, and bell jars and each other specific game of chance authorized by the board. See N.Y. General Municipal Law 186
  • State: means the state of New York. See N.Y. Public Authorities Law 3851
  • State: means the state of New York. See N.Y. Public Authorities Law 3951
  • State aid: means : all general purpose local government aid; emergency financial assistance to certain cities; emergency financial assistance to eligible municipalities; supplemental municipal aid; and any successor type of aid and any new aid appropriated by the state as local government assistance for the benefit of the city. See N.Y. Public Authorities Law 3851
  • State aid: means aid and incentives for municipalities, any successor type of aid and any new aid appropriated by the state as local government assistance for the benefit of the county. See N.Y. Public Authorities Law 3951
  • State aid revenues: means state aid paid by the state comptroller to the authority pursuant to this title. See N.Y. Public Authorities Law 3851
  • State comptroller: means the comptroller of the state. See N.Y. Public Authorities Law 3851
  • State comptroller: means the comptroller of the state. See N.Y. Public Authorities Law 3951