§ 188-A — Powers and duties of the board

New York § 188-A

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 9-A: Local Option For Conduct of Games of Chance By Certain Organizations

Text

§ 188-a. Powers and duties of the board. The board shall have the\npower and it shall be its duty to:\n 1. Supervise the administration of the games of chance licensing law\nand to adopt, amend and repeal rules and regulations governing the\nissuance and amendment of licenses thereunder and the conducting of\ngames under such licenses, which rules and regulations shall have the\nforce and effect of law and shall be binding upon all municipalities\nissuing licenses, and upon licensees of the board, to the end that such\nlicenses shall be issued to qualified licensees only, and that said\ngames shall be fairly and properly conducted for the purposes and in the\nmanner of the said games of chance licensing law prescribed and to\nprevent the games of chance thereby authorized to be conducted from\nbeing conducted for commercial purposes or purposes other than those\ntherein authorized, participated in by criminal or other undesirable\nelements and the funds derived from the games being diverted from the\npurposes authorized, and to provide uniformity in the administration of\nsaid law throughout the state, the board shall prescribe forms of\napplication for licenses, licensees, amendment of licenses, reports of\nthe conduct of games and other matters incident to the administration of\nsuch law.\n 2. Conduct, anywhere in the state, investigations of the\nadministration, enforcement and potential or actual violations of the\ngames of chance licensing law and of the rules and regulations of the\nboard.\n 3. Reveiw all determinations and actions of the clerk or department in\nissuing an initial license and it may review the issuance of subsequent\nlicenses and, after hearing, revoke those licenses which do not in all\nrespects meet the requirements of this article and the rules and\nregulations of the board.\n 4. Suspend or revoke a license, after hearing, for any violation of\nthe provisions of this article or the rules and regulations of the\nboard.\n 5. Hear appeals from the determinations and action of the clerk,\ndepartment or officer in connection with the refusing to issue licenses,\nthe suspension and revocation of licenses and the imposition of fines in\nthe manner prescribed by law and the action and determination of the\nboard upon any such appeal shall be binding upon the clerk, department\nor officer and all parties thereto.\n 6. Carry on continuous study of the operation of the games of chance\nlicensing law to ascertain from time to time defects therein\njeopardizing or threatening to jeopardize the purposes of this article,\nand to formulate and recommend changes in such law and in other laws of\nthe state which the board may determine to be necessary for the\nrealization of such purposes, and to the same end to make a continuous\nstudy of the operation and administration of similar laws which may be\nin effect in other states of the United States.\n 7. Supervise the disposition of all funds derived from the conduct of\ngames of chance by authorized organizations not currently licensed to\nconduct such games.\n 8. Issue an identification number to an applicant authorized\norganization if it shall determine that the applicant satisfies the\nrequirements of the games of chance licensing law and the rules and\nregulations of the board.\n 9. (a) The commission shall have the power to approve and establish a\nstandard set of games of chance equipment and shall by its rules and\nregulations prescribe the manner in which such equipment is to be\nreproduced and distributed to licensed authorized organizations. The\nsale or distribution to a licensed authorized organization of any\nequipment other than that contained in the standard set of games of\nchance equipment shall constitute a violation of this section.\n (b) After the effective date of this paragraph, no electronic bell jar\nvending machine shall be sold, leased, distributed, installed, or\noperated by any manufacturer, distributor, or charitable organization\nuntil such machine has been approved by the commission. No electronic\nbell jar vending machine shall be approved by the commission unless the\noperation of the game demonstrates that there is a finite probability\nbasis of having a predetermined quantity of chances among which there is\na predetermined quantity of winners that pay a fixed and predetermined\nvalue of prizes, regardless of the symbols that are used or how those\nsymbols are displayed on pre-printed bell jar tickets.\n (c) The commission shall promulgate such rules and regulations as may\nbe necessary for the approval and implementation of electronic bell jar\nvending machine gaming. The commission may revoke, suspend, or condition\napproval of an electronic bell jar vending machine. Upon request for\nauthorization, the commission shall approve or deny such request within\nthirty days. If the commission denies such request for approval, it\nshall provide the reasons for such determination.\n