Bill Text: NY S08183 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Makes improvements to charitable gaming and makes technical changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-23 - REPORTED AND COMMITTED TO FINANCE [S08183 Detail]

Download: New_York-2017-S08183-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8183
                    IN SENATE
                                     April 16, 2018
                                       ___________
        Introduced  by  Sen. BONACIC -- (at request of the New York State Gaming
          Commission) -- read twice and ordered printed, and when printed to  be
          committed to the Committee on Racing, Gaming and Wagering
        AN  ACT  to  amend  the  general municipal law and the executive law, in
          relation to improvement of  charitable  gaming  and  making  technical
          changes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 476 of the general  municipal  law  is  amended  by
     2  adding a new subdivision 14 to read as follows:
     3    14.  "Electronic  bingo  aid"  means any electronic hardware device or
     4  electronic system, whether fixed or portable, or any  software  used  in
     5  conjunction  with  a  common computer, designed to assist sight-impaired
     6  players and others in the playing of bingo.
     7    § 2. Paragraphs (a), (b) and (c) of subdivision 2 and subdivision 3 of
     8  section 435 of the executive law, as amended by chapter 437 of the  laws
     9  of 1962, paragraph (a) of subdivision 2 as amended by chapter 337 of the
    10  laws  of 1998, paragraph (b) of subdivision 2 as amended by section 1 of
    11  part MM of chapter 59 of the laws of 2017, clause 1 of paragraph (c)  of
    12  subdivision  2 as amended by chapter 371 of the laws of 1974, and subdi-
    13  vision 3 as amended by chapter 889 of the laws of 1966, are amended  and
    14  a new subdivision 4 is added to read as follows:
    15    (a)  The  commission  shall have the power to issue or, after hearing,
    16  refuse to issue a license permitting a person, firm  or  corporation  to
    17  sell  or  distribute to any other person, firm or corporation engaged in
    18  business as a wholesaler, jobber, distributor or retailer of all  cards,
    19  boards,  sheets,  pads  and  all  other  supplies, devices and equipment
    20  designed for use in the play of bingo by an organization  duly  licensed
    21  to  conduct  bingo  games  or  to  sell or distribute any such materials
    22  directly to such an organization. For the purposes of this  section  the
    23  words  "sell  or distribute" shall include, but shall not be limited to,
    24  the following activities; offering for sale, receiving, handling,  main-
    25  taining,  storing the same on behalf of such an organization, distribut-
    26  ing or providing the same to such an organization, and offering for sale
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14359-01-8
        S. 8183                             2
     1  or lease bingo devices and equipment. Each such license shall  be  valid
     2  for [one year] three years.
     3    (b) No person, firm or corporation, other than an organization that is
     4  or  has been during the preceding twelve months duly licensed to conduct
     5  bingo games, shall sell or distribute bingo supplies or equipment  with-
     6  out having first obtained a license therefor upon a written or electron-
     7  ic  application made, verified and filed with the commission in the form
     8  prescribed by the rules and regulations of the commission. As a part  of
     9  its  determination  concerning the applicant's suitability for licensing
    10  as a bingo supplier, the  commission  shall  require  the  applicant  to
    11  furnish  to such [board] commission two sets of fingerprints. Such fing-
    12  erprints shall be submitted to the division of criminal justice services
    13  for a state criminal history record check, as defined in subdivision one
    14  of section three thousand thirty-five of the education law, and  may  be
    15  submitted to the federal bureau of investigation for a national criminal
    16  history  record check. In each such application for a license under this
    17  section shall be stated the name and address of the applicant; the names
    18  and addresses of its officers, directors, shareholders or partners;  the
    19  amount  of  gross receipts realized on the sale or distribution of bingo
    20  supplies and equipment to duly licensed organizations  during  the  last
    21  preceding  calendar  or fiscal year, and such other information as shall
    22  be prescribed by such rules and regulations. The fee  for  such  license
    23  shall  be a sum equal to twenty-five dollars plus an amount [based upon]
    24  equal to two percent of the gross sales, if any, of bingo equipment  and
    25  supplies to authorized organizations by the applicant during the preced-
    26  ing  calendar  year, or fiscal year if the applicant maintains his [or],
    27  her or its accounts on a fiscal year basis[, and determined  in  accord-
    28  ance with the following schedule:
    29    gross sales of $1,000 to $4,999................$10.00
    30    gross sales of $5,000 to $19,999...............$50.00
    31    gross sales of $20,000 to $49,999.............$200.00
    32    gross sales of $50,000 to $100,000............$500.00
    33    gross sales in excess of $100,000..........$1,000.00].
    34    (c) The following shall be ineligible for such a license:
    35    (1)  a  person  convicted of a crime [who has not received a pardon, a
    36  certificate of good conduct or a certificate of  relief  from  disabili-
    37  ties]  if  there  is  a  direct  relationship between one or more of the
    38  previous criminal offenses and the integrity of bingo,  considering  the
    39  factors set forth in article twenty-three-A of the correction law;
    40    (2)  a  person  who  is or has been a professional gambler or gambling
    41  promoter or who for other reasons is not of good moral character;
    42    (3) a public officer or employee;
    43    (4) an operator or proprietor of a commercial hall duly licensed under
    44  the bingo licensing law;
    45    (5) a firm or corporation in which a person  defined  in  [subdivision
    46  (1), (2), (3) or (4) above] clause one, two, three or four of this para-
    47  graph,  or  a  person  married  or related in the first degree to such a
    48  person, has greater than a ten [per centum] percent proprietary, equita-
    49  ble or credit interest or in which such a person is active or employed.
    50    3. The commission shall have the power  to  approve  and  establish  a
    51  standard  set  of bingo cards comprising a consecutively numbered series
    52  and shall by its rules and regulations prescribe  the  manner  in  which
    53  such  cards  are to be reproduced and distributed to licensed authorized
    54  organizations. The sale or distribution to a licensed authorized  organ-
    55  ization  of any card or cards other than those contained in the standard
    56  set of bingo  cards  shall  constitute  a  violation  of  this  section.
        S. 8183                             3
     1  Licensed  authorized  organizations  shall not be required to use nor to
     2  maintain such cards seriatim [excepting that the same may be required in
     3  the conduct of limited period bingo games].
     4    4.  Each  supplier  of  electronic  bingo aids shall register with the
     5  commission annually each such unit present in the state. For  each  unit
     6  so registered, a supplier shall pay an annual fee in the amount of twen-
     7  ty-five dollars.
     8    §  3.  Section 489 of the general municipal law, as amended by chapter
     9  524 of the laws of 2000, is amended to read as follows:
    10    § 489. Charge for admission and participation; amount of prizes; award
    11  of prizes. 1. Except in the conduct of limited period  bingo,  not  more
    12  than  [five]  ten dollars shall be charged by any licensee for admission
    13  to any room or place in which any game or  games  of  bingo  are  to  be
    14  conducted  under  any license issued under this article, which admission
    15  fee, upon payment thereof, shall entitle the person paying the  same  to
    16  participate  without  additional charge in all regular games of bingo to
    17  be played under such license on such occasion.
    18    2. In the conduct of limited period bingo:
    19    (a) no admission fee shall be charged[,];
    20    (b) not more than twenty-five cents shall  be  charged  for  a  single
    21  opportunity  to participate in any one game of bingo, which charge, upon
    22  payment thereof, shall entitle the person paying the same  to  one  card
    23  for participation in one such game[,]; and
    24    (c) no licensee shall sell more than five opportunities to each player
    25  participating in any one game of bingo.
    26    3. Every winner in a game of bingo shall be determined and every prize
    27  shall be awarded and delivered within the same calendar day as that upon
    28  which  the  game  was  played. No alcoholic beverage shall be offered or
    29  given as a prize in any game of bingo.
    30    § 4. Subdivision 4 of section 186 of the  general  municipal  law,  as
    31  amended  by  chapter  574  of  the  laws  of 1978, is amended to read as
    32  follows:
    33    4. "Authorized organization" shall mean  and  include  any  bona  fide
    34  religious or charitable organization or bona fide educational, fraternal
    35  or  service organization or bona fide organization of veterans or volun-
    36  teer firemen,  which  by  its  charter,  certificate  of  incorporation,
    37  constitution,  or  act of the legislature, shall have among its dominant
    38  purposes one or more of the lawful purposes as defined in this  article,
    39  provided  that  each  shall  operate  without profit to its members, and
    40  provided that each such organization has engaged in serving one or  more
    41  of the lawful purposes as defined in this article for a period of [three
    42  years  immediatley] one year immediately prior to applying for a license
    43  under this article.
    44    § 5. Subdivision 1 of section 189 of the  general  municipal  law,  as
    45  amended  by  chapter  574  of  the  laws  of 1978, is amended to read as
    46  follows:
    47    1. No person, firm, partnership, corporation  or  organization,  other
    48  than  a  licensee under the provisions of section one hundred ninety-one
    49  of this article, shall conduct such game or  shall  lease  or  otherwise
    50  make available for conducting games of chance premises for any consider-
    51  ation  whatsoever, direct or indirect, except that a leased premises may
    52  be made available to an authorized organization to conduct a raffle that
    53  complies with paragraph (b) of subdivision thirteen of this section.
    54    § 6. Section 189-a of the general municipal law, as added  by  chapter
    55  574 of the laws of 1978, the opening paragraph as amended by chapter 164
    56  of the laws of 2003, is amended to read as follows:
        S. 8183                             4
     1    § 189-a. Authorized supplier of games of chance equipment.  No person,
     2  firm, partnership, corporation or organization, shall sell or distribute
     3  supplies  or  equipment  specifically  designed  or  adapted  for use in
     4  conduct of games of chance  without  having  first  obtained  a  license
     5  therefor  upon  written  application  made,  verified and filed with the
     6  [board] gaming commission in the form prescribed by the rules and  regu-
     7  lations of the [board] gaming commission.  As a part of [its] the gaming
     8  commission's  determination  concerning  the applicant's suitability for
     9  licensing as a games of chance supplier, the [board]  gaming  commission
    10  shall  require the applicant to furnish to the [board] gaming commission
    11  two sets of fingerprints.  Such fingerprints shall be submitted  to  the
    12  division  of  criminal  justice  services  for  a state criminal history
    13  record check, as defined in subdivision one of  section  three  thousand
    14  thirty-five  of  the  education law, and may be submitted to the federal
    15  bureau of investigation for a national criminal  history  record  check.
    16  Manufacturers  of bell jar tickets shall be considered suppliers of such
    17  equipment. In each such application for a  license  under  this  section
    18  shall  be  stated  the  name and address of the applicant; the names and
    19  addresses of its officers,  directors,  shareholders  or  partners;  the
    20  amount  of  gross  receipts  realized on the sale and rental of games of
    21  chance supplies and equipment to duly licensed authorized  organizations
    22  during the last preceding calendar or fiscal year, and such other infor-
    23  mation as shall be prescribed by such rules and regulations. The fee for
    24  such  license shall be a sum equal to twenty-five dollars plus an amount
    25  equal to two [per centum] percent of the gross  sales  and  rentals,  if
    26  any,  of  games of chance equipment and supplies to authorized organiza-
    27  tions or authorized games of chance lessors by the applicant during  the
    28  preceding  calendar year, or fiscal year if the applicant maintains his,
    29  her or its accounts on a fiscal year basis. No license granted  pursuant
    30  to  the  provisions  of  this section shall be effective for a period of
    31  more than [one year] three years.
    32    (a) The following shall be ineligible for such a license:
    33    (1) a person convicted of a crime [who has not received  a  pardon,  a
    34  certificate  of  good  conduct or a certificate of relief from disabili-
    35  ties] if there is a direct relationship  between  one  or  more  of  the
    36  previous  criminal  offenses  and  the  integrity  of charitable gaming,
    37  considering the factors set  forth  in  article  twenty-three-A  of  the
    38  correction law;
    39    (2)  a  person  who  is or has been a professional gambler or gambling
    40  promoter or who for other reasons is not of good moral character;
    41    (3) a public officer or employee;
    42    (4) an authorized games of chance lessor;
    43    (5) a firm or corporation in which a person defined in paragraph  one,
    44  two,  three or four of this subdivision [(1), (2), (3) or (4) above] has
    45  greater than a ten per centum proprietary, equitable or credit  interest
    46  or in which such a person is active or employed.
    47    (b) The [board] gaming commission shall have power to examine or cause
    48  to  be  examined  the  books and records of any applicant for a license,
    49  under this section.  Any information so received shall not be  disclosed
    50  except  so  far  as may be necessary for the purpose of carrying out the
    51  provisions of this article.
    52    (c) Any solicitation of an organization licensed to conduct  games  of
    53  chance,  to  purchase or induce the purchase of games of chance supplies
    54  and equipment, other than by a person licensed or  otherwise  authorized
    55  pursuant to this section, shall constitute a violation of this section.
        S. 8183                             5
     1    (d)  Any  person  who  willfully [shall make] makes any material false
     2  statement in any application for a license authorized to be issued under
     3  this section or who  willfully  [shall  violate]  violates  any  of  the
     4  provisions  of  this section or of any license issued hereunder shall be
     5  guilty  of  a misdemeanor and, in addition to the penalties in such case
     6  made and provided, shall forfeit any license issued to him,  her  or  it
     7  under  this  section and be ineligible to apply for a license under this
     8  section for one year thereafter.
     9    (e) At the end of such period specified in the  license,  a  recapitu-
    10  lation  shall  be  made  as  between the licensee and the [board] gaming
    11  commission in respect of the gross sales and rentals  actually  recorded
    12  during  that period and the fee paid therefor, and any deficiency of fee
    13  thereby shown to be due shall be paid by the licensee and any excess  of
    14  fee  thereby  shown to have been paid shall be credited to said licensee
    15  in such manner as the [board] gaming commission by [the] rules and regu-
    16  lations shall prescribe.
    17    § 7. This act shall take effect immediately.