Ease Charity Bingo Rules

Section 1. Subdivision 6 of section 186 of the general municipal law, as amended by chapter 574 of the laws of 1978, is amended and two new subdivisions 22 and 23 are added to read as follows:

6. "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 conducting games of chance including, but not limited to, 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] reimbursement of reasonable expenses incurred by volunteers who donate their time to hold, operate or conduct, or assist in the conduct of such games, and as authorized by the board and 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.

22. "Reasonable expenses" shall include, but not be limited to, child care expenses, transportation expenses, meals and other expenses, as determined and regulated by the board.

23. "Ancillary non-gaming activity" shall mean any activity not directly related to the conduct or outcome of any game of chance, and shall include assisting at any food concession, cleaning, maintenance

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09072-09-8

A. 10087 2

and site preparation at the location where games of chance are conducted.

§ 2. Subdivisions 4, 5, 6, 8 and 11 of section 189 of the general municipal law, subdivisions 4 and 11 as amended by chapter 574 of the laws of 1978, subdivisions 5 and 6 as amended by section 11 of part MM of chapter 59 of the laws of 2017 and subdivision 8 as amended by chapter 434 of the laws of 2016, are amended to read as follows:

4. The entire net proceeds of any game of chance shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same and the net proceeds of any rental derived therefrom shall be exclusively devoted to the lawful purposes of the authorized games of chance lessor; provided, however, that a person may accept reimbursement of reasonable expenses incurred to manage, hold, operate or conduct such games.

5. (a) No single prize awarded by games of chance other than raffle shall exceed the sum or value of [three] four hundred dollars, except that for merchandise wheels, no single prize shall exceed the sum or value of [two] three hundred [fifty] dollars, and for bell jar, no single prize shall exceed the sum or value of one thousand dollars.

(b) No single prize awarded by raffle shall exceed the sum or value of three hundred thousand dollars.

(c) No single wager shall exceed six dollars and for bell jars, coin boards or merchandise boards, no single prize shall exceed one thousand dollars, provided, however, that such limitation shall not apply to the amount of money or value paid by the participant in a raffle in return for a ticket or other receipt.

(d) For coin boards and merchandise boards, the value of a prize shall be determined by the cost of such prize to the authorized organization or, if donated, the fair market value of such prize.

6. (a) No authorized organization shall award a series of prizes consisting of cash or of merchandise with an aggregate value in excess of:

(1) ten thousand dollars during the successive operations of any one merchandise wheel or bell jar; and

(2) six thousand dollars during the successive operations of any [bell jar,] coin board or merchandise board.

(b) No series of prizes awarded by raffle shall have an aggregate value in excess of five hundred thousand dollars.

(c) For coin boards and merchandise boards, the value of a prize shall be determined by the cost of such prize to the authorized organization or, if donated, the fair market value of such prize.

8. Except for merchandise wheels and raffles, no series of prizes on any one occasion shall aggregate more than [four] five hundred dollars when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, raffles and bell jars, no series of prizes on any one occasion shall aggregate more than five hundred dollars when the licensed authorized organization conducts less than five single types of games of chance, exclusive of merchandise wheels, raffles and bell jars, during any one license period. No authorized organization shall award by raffle prizes with an aggregate value in excess of three million dollars during any one license period.

11. No person shall receive any remuneration for participating in the management or operation of any such game; provided, however, that a person may accept reimbursement of reasonable expenses incurred to manage, hold, operate or conduct games of chance.

A. 10087 3

§ 3. Subparagraph 5 of paragraph (a) of subdivision 1 of section 190 of the general municipal law, as amended by chapter 574 of the laws of 1978, is amended to read as follows:

(5) the purposes to which the entire net proceeds of such games are to be devoted and in what manner; that no commission, salary, compensation[,] or reward [or recompense] will be paid to any person for conducting such game or games or for assisting therein except as in this article otherwise provided; and such other information as shall be prescribed by such rules and regulations.

§ 4. Paragraph (b) of subdivision 1 of section 190 of the general municipal law, as amended by chapter 574 of the laws of 1978, is amended to read as follows:

(b) In each application there shall be designated not less than [four] three bona fide members of the applicant organization under whom the game or games of chance will be managed and to the application shall be appended a statement executed by the members so designated, that they will be responsible for the management of such games in accordance with the terms of the license, the rules and regulations of the board, this article and the applicable local laws or ordinances.

§ 5. Subdivision 3 of section 190-a of the general municipal law, as added by chapter 400 of the laws of 2005, is amended to read as follows:

3. No person under the age of eighteen shall be permitted to play, operate or assist in any raffle conducted pursuant to this section. Nothing in this section shall prevent a person sixteen years of age or older from performing ancillary non-gaming activities conducted in conjunction with any game of chance conducted pursuant to any license issued pursuant to this article.

§ 6. Paragraph (a) of subdivision 1 of section 191 of the general municipal law, as amended by section 15 of part LL of chapter 56 of the laws of 2010, is amended to read as follows:

(a) Issuance of licenses to conduct games of chance. If such clerk or department shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this article; that the member or members of the applicant designated in the application to manage games of chance are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime, or, if convicted, have received a pardon, a certificate of good conduct or a certificate of relief from disabilities pursuant to article twenty-three of the correction law, or, at the option of the applicant, if convicted, the member or members are participating in a rehabilitation program licensed or certified by a state agency and operated by the applicant or an auxiliary thereof; that such games are to be conducted in accordance with the provisions of this article and in accordance with the rules and regulations of the board and applicable local laws or ordinances and that the proceeds thereof are to be disposed of as provided by this article, and if such clerk or department is satisfied that no commission, salary, compensation[,] or reward [or recompense] whatever will be paid or given to any person managing, operating or assisting therein except as [in this article] otherwise provided in this article, including reimbursement of reasonable expenses incurred by volunteers who donate their time to hold, operate or conduct, or assist in the conduct of such games; it shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee of twenty-five dollars for each license period.

A. 10087 4

§ 7. Subdivision 3 of section 194 of the general municipal law, as amended by chapter 550 of the laws of 1994, is amended to read as follows:

3. [Service of alcoholic beverages.] Subject to the applicable provisions of the alcoholic beverage control law, beer, cider and wine may be offered for sale during the conduct of games of chance on games of chance premises as such premises are defined in subdivision nineteen of section one hundred eighty-six of this article; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises or the sale of any other alcoholic beverage in premises where only the games of chance known as bell jar or raffles are conducted.

§ 8. Section 195-a of the general municipal law, as amended by chapter 574 of the laws of 1978, is amended to read as follows:

§ 195-a. Participation by persons under eighteen. No person under the age of eighteen years shall be permitted to play any game or games of chance conducted pursuant to any license issued under this article. Persons under the age of eighteen years may be permitted to attend games of chance at the discretion of the games of chance licensee. No person under the age of eighteen years shall be permitted to operate any game of chance conducted pursuant to any license issued under this article or to assist therein; provided, however, that a person under the age of eighteen years and who is sixteen years of age or older shall be permitted to assist in the operation of any game of chance if accompanied by an adult.

§ 9. Section 195-b of the general municipal law, as amended by chapter 252 of the laws of 1998, is amended to read as follows:

§ 195-b. Frequency of games. No game or games of chance, shall be conducted under any license issued under this article more often than [twelve] eighteen times in any calendar year. No particular premises shall be used for the conduct of games of chance on more than twentyfour license periods during any one calendar year. Games shall be conducted only between the hours of noon and midnight on Monday, Tuesday, Wednesday and Thursday, and only between the hours of noon on Friday and two A.M. Saturday, and only between the hours of noon on Saturday and two A.M. Sunday. The two A.M. closing period shall also apply to a legal holiday. The above restrictions shall not apply when only the games of chance known as bell jar and/or raffle are conducted.

§ 10. Section 195-c of the general municipal law, as amended by chapter 252 of the laws of 1998, is amended to read as follows:

§ 195-c. [1.] Persons operating games; equipment; expenses; compensation. 1. No person shall operate any game of chance under any license issued under this article except a bona fide member of the authorized organization to which the license is issued, or a bona fide member of an organization or association which is an auxiliary to the licensee or a bona fide member of an organization or association of which such licensee is an auxiliary or a bona fide member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association. Nothing herein shall be construed to limit the number of games of chance licensees for whom such persons may operate games of chance nor to prevent non-members from assisting the licensee in any activity other than managing or operating games. No game of chance shall be conducted with any equipment except such as shall be owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee. However, in no event shall bell jar tickets be transferred

A. 10087 5