§ 195-O — Distributor of bell jars; reports and records

New York § 195-O

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

Text

§ 195-o. Distributor of bell jars; reports and records. 1.\nDistribution; distributors. Any distributor licensed in accordance with\nsection one hundred eighty-nine-a of this article to distribute bell jar\ntickets or electronic bell jar vending machines shall purchase such\ntickets and vending machines only from licensed manufacturers and may\nmanufacture coin boards and merchandise boards only as authorized in\nsubdivision one-a of this section. Licensed distributors of bell jar\ntickets and electronic bell jar vending machines shall sell such tickets\nand vending machines only to not-for-profit, charitable or religious\norganizations registered by the commission. Any licensed distributor who\nwillfully violates the provisions of this section shall: (a) upon such\nfirst offense, have their license suspended for a period of thirty days;\n(b) upon such second offense, participate in a hearing to be conducted\nby the commission, and surrender their license for such period as\nrecommended by the commission; and (c) upon such third or subsequent\noffense, have their license suspended for a period of one year and shall\nbe guilty of a class E felony. Any unlicensed distributor who violates\nthis section shall be guilty of a class E felony.\n 1-a. Coin boards and merchandise boards. Distributors of bell jar\ntickets may manufacture coin boards and merchandise boards only if such\nboards have been approved by the board and have a bar code affixed to\nthem setting forth all information required by the board. Except that\nfor coin boards and merchandise boards, delineation of the prize or\nprize value need not be included on the game ticket sold in conjunction\nwith a coin board or merchandise board. In lieu of such requirement, the\ndistributor shall be required to disclose the prize levels and the\nnumber of winners at each level and shall print clearly on the game\nticket that a ticket holder may obtain the prize and prize value for\neach prize level by referencing the flare. Such coin boards shall only\nbe sold by licensed distributors to licensed authorized organizations\nregistered by the board in accordance with the provisions of this\narticle.\n 2. Business records. A distributor shall keep at each place of\nbusiness complete and accurate records for that place of business,\nincluding itemized invoices of bell jar tickets held and purchased. The\nrecords must show the names and addresses of purchasers, the inventory\nat the close of each period for which a return is required, all bell jar\ntickets on hand, and other pertinent papers and documents relating to\nthe purchase, sale, or disposition of bell jar tickets as may be\nrequired by the board. Books, records, itemized invoices, and other\npapers and documents required by this section shall be kept for a period\nof at least four years after the date of the documents, or the date of\nthe entries appearing in the records, unless the board authorizes in\nwriting their destruction or disposal at an earlier date. A person who\nviolates this section shall be guilty of a misdemeanor.\n 3. Sales records. A distributor shall maintain a record of all bell\njar tickets that it sells and all electronic bell jar vending machines\nthat it sells or leases. The record shall include, but need not be\nlimited to:\n (a) the identity of the manufacturer from whom the distributor\npurchased the product;\n (b) the serial number of the product;\n (c) the name, address, and license or exempt permit number of the\norganization or person to which the sale was made;\n (d) the date of the sale;\n (e) the name of the person who ordered the product;\n (f) the name of the person who received the product;\n (g) the type of product;\n (h) the account number identifying the sale from the manufacturer to\ndistributor and the account number identifying the sale from the\ndistributor to the licensed organization; and\n (i) the name, form number, or other identifying information for each\ngame.\n 4. Invoices; agreements. (a) A distributor shall supply with each sale\nof a bell jar product an itemized invoice showing the distributor's name\nand address, the purchaser's name, address, and license number, the date\nof the sale, the account number identifying the sale from the\nmanufacturer to distributor and the account number identifying the sale\nfrom the distributor to the licensed organization, and the description\nof the deals, including the form number, the serial number and the ideal\ngross from every deal of bell jar or similar game.\n (b) Prior to the sale, lease, or distribution of an electronic bell\njar vending machine to an authorized organization, the distributor or\nmanufacturer shall provide the contract or agreement for such sale,\nlease or distribution to the commission for approval and any\nmodification to such contract or agreement thereafter. Such contract or\nagreement shall show, at minimum:\n (i) the name and address of the authorized organization;\n (ii) the date of sale, lease or distribution;\n (iii) the serial number of each such machine;\n (iv) the material terms and conditions of such contract or agreement;\nand\n (v) any additional information as the commission may require.\n (c) The commission may promulgate rules and regulations relating to\nthe terms of any contract or agreement for the sale, lease, or\ndistribution of an electronic bell jar vending machine to an authorized\norganization. The commission shall approve or deny such contract or\nagreement within thirty days of receipt and any material modification to\nsuch contract or agreement thereafter. If the commission denies approval\nfor such contract, agreement or modification, it shall provide the\nreasons for such determination.\n 5. Reports. A distributor shall report quarterly to the gaming\ncommission, on a form prescribed by the gaming commission, its sales of\neach type of bell jar deal or tickets and electronic bell jar vending\nmachines. This report shall be filed quarterly on or before the\ntwentieth day of the month succeeding the end of the quarter in which\nthe sale was made. The gaming commission may require that a distributor\nsubmit the quarterly report and invoices required by this section via\nelectronic media or electronic data transfer.\n 6. The board may inspect the premises, books, records, and inventory\nof a distributor without notice during the normal business hours of the\ndistributor.\n 7. Certified physical inventory. The board may, upon request, require\na distributor to furnish a certified physical inventory of all bell jar\ntickets in stock. The inventory shall contain the information requested\nby the board.\n