§ 195-Q — Bell jar compliance and enforcement

§ 195-q. Bell jar compliance and enforcement. In the case of bell\njars, the licensee, upon filing financial statements of bell jar\noperations, shall also tender to the board a sum in the amount of five\npercent of the net proceeds as defined in this paragraph, from the sale\nof bell jar tickets, seal cards, merchandise board, and coin boards, if\nany, for that portion of license period covered by such statement. For\nthe purposes of this section, "net proceeds" shall mean the difference\nbetween the ideal handle from the sale of bell jar tickets, seal cards,\nmerchandise boards, and coin boards less the amount of money paid out in\nprizes and less the purchase price of the bell jar deal, seal card deal,\nmerchandise board deal, or coin board deal. Additionally, a credit shall\nbe permitted against the net proceeds fee tendered to the board for\nunsold tickets of the bell jar deal as long as the unsold tickets have\nthe same serial number as the tickets for which the fee is rendered.\nSuch unsold tickets must be kept on file by the selling organization for\ninspection by the board for a period of one year following the date upon\nwhich the relevant financial statement was received by the board.\n 1. One-half of one percent of such fee received from authorized\nvolunteer fire companies shall be paid to the New York state emergency\nservices revolving loan account established pursuant to section\nninety-seven-pp of the state finance law.\n 2. The state gaming commission shall submit to the director of the\ndivision of the budget an annual plan that details the amount of money\nthe state gaming commission deems necessary to maintain operations,\ncompliance and enforcement of the provisions of this article and the\ncollection of the license fee authorized by this section. Contingent\nupon the approval of the director of the division of the budget, the\nstate gaming commission shall pay into an account, to be known as the\nbell jar collection account, under the joint custody of the comptroller\nand the state gaming commission, the total amount of license fees\ncollected pursuant to this section. With the approval of the director of\nthe division of the budget, monies to be utilized to maintain the\noperations necessary to enforce the provisions of this article and the\ncollection of the license fee imposed by this section shall be paid out\nof such account on the audit and warrant of the comptroller on vouchers\ncertified or approved by the director of the division of the budget or\nhis or her duly designated official. Those monies that are not utilized\nto maintain operations necessary to enforce the provisions of this\narticle and the collection of the license fee authorized by this section\nshall be paid out of such amount on the audit and warrant of the state\ncomptroller and shall be credited to the general fund.\n 3. (a) An authorized organization may only operate electronic bell jar\nvending machines on premises that it owns or leases.\n (b) An authorized organization may operate no more machines than the\nnumber permitted in subdivision six of section one hundred ninety-five-c\nof this article.\n (c) No authorized organization shall operate an electronic bell jar\nvending machine unless it is a games of chance licensee authorized by\nthe commission to operate an electronic bell jar vending machine. The\ncommission may promulgate rules and regulations as may be necessary for\nthe approval of an authorized organization to operate an electronic bell\njar vending machine. The commission may revoke, suspend, or condition\nsuch approval. The commission shall approve or deny such request for\nsuch approval within thirty days. If the commission denies such request,\nit shall provide the reasons for such determination.\n (d) Each bell jar vending machine shall generate sales reports and\nsuch other information that the commission may direct by regulation. The\ncommission shall have access to the server of each electronic bell jar\nvending machine for the purpose of monitoring and auditing at no cost to\nthe state.\n (e) Any unclaimed funds or tickets left in any electronic bell jar\nvending machine shall be retained by the authorized organization and\nreported as net proceeds.\n