§ 191 — Investigation; matters to be determined; issuance of license; fees; duration of license

§ 191. Investigation; matters to be determined; issuance of license;\nfees; duration of license. 1. The clerk or department shall make an\ninvestigation of the qualifications of each applicant and the merits of\neach application, with due expedition after the filing of the\napplication.\n (a) Issuance of licenses to conduct games of chance. If such clerk or\ndepartment determines:\n (i) that the applicant is duly qualified to be licensed to conduct\ngames of chance under this article;\n (ii) that the member or members of the applicant designated in the\napplication to manage games of chance are bona fide active members of\nthe applicant and are persons of good moral character and have never\nbeen convicted of a crime if there is a direct relationship between one\nor more of the previous criminal offenses and the integrity or safety of\ncharitable gaming, considering the factors set forth in article\ntwenty-three-A of the correction law;\n (iii) that such games are to be conducted in accordance with the\nprovisions of this article and in accordance with the rules and\nregulations of the gaming commission and applicable local laws or\nordinances and that the proceeds thereof are to be disposed of as\nprovided by this article; and\n (iv) that no commission, salary, compensation, reward or recompense\nwhatever will be paid or given to any person managing, operating or\nassisting therein except as in this article otherwise provided; then\nsuch clerk or department shall issue a license to the applicant for the\nconduct of games of chance upon payment of a license fee of twenty-five\ndollars for each license period.\n (b) Issuance of licenses to authorized games of chance lessors. If\nsuch clerk or department shall determine that the applicant seeking to\nlease premises for the conduct of games of chance to a games of chance\nlicensee is duly qualified to be licensed under this article; that the\napplicant satisfies the requirements for an authorized organization as\ndefined in section one hundred eighty-six of this article; that the\napplicant has filed its proposed rent for each license period and that\nthe clerk or department has approved the proposed rent as fair and\nreasonable; that the net proceeds from any rental will be devoted to the\nlawful purposes of the applicant; that there is no diversion of the\nfunds of the proposed lessee from the lawful purposes as defined in this\narticle; and that such leasing of premises for the conduct of such games\nis to be in accordance with the provisions of this article, with the\nrules and regulations of the board and applicable local laws and\nordinances, it shall issue a license permitting the applicant to lease\nsaid premises for the conduct of such games to the games of chance\nlicensee or licensees specified in the application during the period\ntherein specified or such shorter period as such clerk or department\nshall determine, but not to exceed twelve license periods during a\ncalendar year, upon payment of a license fee of fifty dollars. Nothing\nherein shall be construed to require the applicant to be licensed under\nthis article to conduct games of chance.\n (c) Issuance of license upon summary application. If, upon the basis\nof a summary application as prescribed under subdivision three of\nsection one hundred ninety of this article, the clerk or department\nshall determine that the applicant is duly qualified to be licensed to\nconduct games of chance under this article, said clerk or department\nshall forthwith issue said license. In the event the clerk or department\nhas reason to believe that the applicant is not so qualified the\napplicant shall be directed to file an application pursuant to\nsubdivision one of section one hundred ninety of this article.\n 2. On or before the thirtieth day of each month, the treasurer of the\nmunicipality in which the licensed property is located shall transmit to\nthe state comptroller a sum equal to fifty percent of all authorized\ngames of chance lessor license fees and the sum of fifteen dollars per\nlicense period for the conduct of games of chance collected by such\nclerk or department pursuant to this section during the preceding\ncalendar month.\n 3. No license shall be issued under this section which shall be\neffective for a period of more than one year.\n