§ 189 — Restrictions upon conduct of games of chance

New York § 189

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

Text

§ 189. Restrictions upon conduct of games of chance. The conduct of\ngames of chance authorized by local law or ordinance shall be subject to\nthe following restrictions irrespective of whether the restrictions are\ncontained in such local law or ordinance, but nothing herein shall be\nconstrued to prevent the inclusion within such local law or ordinance of\nother provisions imposing additional restrictions upon the conduct of\nsuch games:\n 1. No person, firm, partnership, corporation or organization, other\nthan a licensee under the provisions of section one hundred ninety-one\nof this article, shall conduct such game or shall lease or otherwise\nmake available for conducting games of chance premises for any\nconsideration whatsoever, direct or indirect.\n 2. No game of chance shall be held, operated or conducted on or within\nany leased premises if rental under such lease is to be paid, wholly or\npartly, on the basis of a percentage of the receipts or net profits\nderived from the operation of such game.\n 3. No authorized organization licensed under the provisions of this\narticle shall purchase, lease, or receive any supplies or equipment\nspecifically designed or adapted for use in the conduct of games of\nchance from other than a supplier licensed by the commission or from\nanother authorized organization. Lease terms and conditions shall be\nsubject to rules and regulations promulgated by the commission. The\nprovisions of this article shall not be construed to authorize or permit\nan authorized organization to engage in the business of leasing games of\nchance, supplies, or equipment. Furthermore, no organization shall\npurchase bell jar tickets or deals of bell jar tickets, or purchase or\nlease any electronic bell jar vending machine, from any other person or\norganization other than those specifically authorized under sections one\nhundred ninety-five-n and one hundred ninety-five-o of this article.\n 4. The entire net proceeds of any game of chance shall be exclusively\ndevoted to the lawful purposes of the organization permitted to conduct\nthe same and the net proceeds of any rental derived therefrom shall be\nexclusively devoted to the lawful purposes of the authorized games of\nchance lessor.\n 5. (a) No single prize awarded by games of chance other than raffle\nshall exceed the sum or value of three hundred dollars, except that for\nmerchandise wheels, no single prize shall exceed the sum or value of two\nhundred fifty dollars, and for bell jar, no single prize shall exceed\nthe sum or value of one thousand dollars.\n (b) No single prize awarded by raffle shall exceed the sum or value of\nthree hundred thousand dollars.\n (c) No single wager shall exceed six dollars and for bell jars, coin\nboards or merchandise boards, no single prize shall exceed one thousand\ndollars, provided, however, that such limitation shall not apply to the\namount of money or value paid by the participant in a raffle in return\nfor a ticket or other receipt.\n (d) For coin boards and merchandise boards, the value of a prize shall\nbe determined by the cost of such prize to the authorized organization\nor, if donated, the fair market value of such prize.\n 6. (a) No authorized organization shall award a series of prizes\nconsisting of cash or of merchandise with an aggregate value in excess\nof:\n (1) ten thousand dollars during the successive operations of any one\nmerchandise wheel; and\n (2) six thousand dollars during the successive operations of any bell\njar, coin board or merchandise board.\n (b) No series of prizes awarded by raffle shall have an aggregate\nvalue in excess of five hundred thousand dollars.\n (c) For coin boards and merchandise boards, the value of a prize shall\nbe determined by the cost of such prize to the authorized organization\nor, if donated, the fair market value of such prize.\n 7. In addition to merchandise wheels, raffles and bell jars, no more\nthan five other single types of games of chance shall be conducted\nduring any one license period.\n 8. Except for merchandise wheels and raffles, no series of prizes on\nany one occasion shall aggregate more than four hundred dollars when the\nlicensed authorized organization conducts five single types of games of\nchance during any one license period. Except for merchandise wheels,\nraffles and bell jars, no series of prizes on any one occasion shall\naggregate more than five hundred dollars when the licensed authorized\norganization conducts less than five single types of games of chance,\nexclusive of merchandise wheels, raffles and bell jars, during any one\nlicense period. No authorized organization shall award by raffle prizes\nwith an aggregate value in excess of three million dollars during any\none license period.\n 9. Except for the limitations on the sum or value for single prizes\nand series of prizes, no limit shall be imposed on the sum or value of\nprizes awarded to any one participant during any occasion or any license\nperiod.\n 10. No person except a bona fide member of the licensed authorized\norganization shall participate in the management of such games; no\nperson except a bona fide member of the licensed authorized\norganization, its auxiliary or affiliated organization, shall\nparticipate in the operation of such game, as set forth in section one\nhundred ninety-five-c of this article.\n 11. No person shall receive any remuneration for participating in the\nmanagement or operation of any such game.\n 12. No authorized organization shall extend credit to a person to\nparticipate in playing a game of chance.\n 13. (a) No game of chance, other than a raffle that complies with\nparagraph (b) of this subdivision, shall be conducted on other than the\npremises of an authorized organization or an authorized games of chance\nlessor.\n (b) Raffle tickets may be sold to the public, and a raffle drawing may\noccur, outside the premises of an authorized organization or an\nauthorized games of chance lessor if such sales occur, or such drawing\noccurs, in a municipality that:\n (1) has passed a local law, ordinance or resolution in accordance with\nsections one hundred eighty-seven and one hundred eighty-eight of this\narticle approving the conduct of games of chance;\n (2) is located in the county in which the municipality issuing the\nraffle license is located or in a county that is contiguous to the\ncounty in which the municipality issuing the raffle license is located;\n (3) has not objected to such sales after the gaming commission gives\nnotice to such municipality of an authorized organization's request to\nsell such raffle tickets in such municipality; and\n (4) has not objected to the location in such municipality that such\ndrawing is proposed to occur, after the commission gives notice to such\nmunicipality of an authorized organization's request to conduct such\ndrawing in such municipality. A location of a drawing may be on\nstate-owned property so long as the authorized organization conducting\nthe raffle obtains all required authorizations to do so and complies\nwith this paragraph.\n (c) The gaming commission may by regulation prescribe the advance\nnotice an authorized organization must provide to the gaming commission\nin order to take advantage of the provisions of paragraph (b) of this\nsubdivision, forms in which such a request shall be made and the time\nperiod in which a municipality must communicate an objection to the\ngaming commission.\n (d) No sale of raffle tickets shall be made more than one hundred\neighty days prior to the date scheduled for the occasion at which the\nraffle will be conducted.\n (e) The winner of any single prize in a raffle shall not be required\nto be present at the time such raffle is conducted.\n 13-a. No person licensed to manufacture, distribute, or sell games of\nchance supplies or equipment, or their agents, shall conduct,\nparticipate in, or assist in the conduct of games of chance. Nothing\nherein shall prohibit a licensed distributor from selling, offering for\nsale, or explaining a product to an authorized organization or\ninstalling or servicing games of chance equipment upon the premises of\ngames of chance licensees.\n 14. The unauthorized conduct of a game of chance shall constitute and\nbe punishable as a misdemeanor.\n 15. No coins or merchandise from a coin board or merchandise board\nshall be redeemable or convertible into cash directly or indirectly by\nthe authorized organization.\n 16. Notwithstanding any provision of law to the contrary, games known\nas "raffles", at the discretion of the games of chance licensee, may be\npurchased via the internet or mobile application with a debit or credit\ncard, upon the account holder's direct consent, provided, however, that\nthe gaming commission shall promulgate any necessary rules and\nregulations to ensure, to a reasonable degree of certainty that:\n (a) the purchase of the raffle ticket is initiated and received or\notherwise made in accordance with subdivision thirteen of this section;\n (b) purchasers are not less than eighteen years of age; and\n (c) the privacy and online security of participants is protected.\n