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

§ 481. Investigation; matters to be determined; issuance of license;\nfees; duration of license. 1. The governing body of the municipality\nshall make an investigation of the qualifications of each applicant and\nthe merits of each application, with due expedition after the filing of\nthe application.\n (a) Issuance of licenses to conduct bingo. If the governing body of\nthe municipality determines:\n (i) that the applicant is duly qualified to be licensed to conduct\nbingo under this article;\n (ii) that the member or members of the applicant designated in the\napplication to conduct bingo are bona fide active members or auxiliary\nmembers of the applicant and are persons of good moral character and\nhave never been convicted of a crime if there is a direct relationship\nbetween one or more of the previous criminal offenses and the integrity\nor safety of bingo, considering the factors set forth in article\ntwenty-three-A of the correction law;\n (iii) that such games of bingo are to be conducted in accordance with\nthe provisions of this article and in accordance with the rules and\nregulations of the commission;\n (iv) that the proceeds thereof are to be disposed of as provided by\nthis article;\n (v) that no commission, salary, compensation, reward or recompense\nwhatsoever will be paid or given to any person holding, operating or\nconducting or assisting in the holding, operation and conduct of any\nsuch games of bingo except as in this article otherwise provided; and\n (vi) that no prize will be offered and given in excess of the sum or\nvalue of five thousand dollars in any single game of bingo and that the\naggregate of all prizes offered and given in all of such games of bingo\nconducted on a single occasion under said license shall not exceed the\nsum or value of fifteen thousand dollars, then the municipality shall\nissue a license to the applicant for the conduct of bingo upon payment\nof a license fee of eighteen dollars and seventy-five cents for each\nbingo occasion.\n Notwithstanding anything to the contrary in this paragraph, the\ngoverning body shall refuse to issue a license to an applicant seeking\nto conduct bingo in premises of a licensed commercial lessor where such\ngoverning body determines that the premises presently owned or occupied\nby such applicant are in every respect adequate and suitable for\nconducting bingo games.\n (b) Issuance of licenses to commercial lessors. If the governing body\nof the municipality shall determine that the applicant seeking to lease\na hall or premises for the conduct of bingo to an authorized\norganization is duly qualified to be licensed under this article; that\nthe applicant satisfies the requirements for an authorized commercial\nlessor as defined in section four hundred seventy-six that at the time\nof the issuance of an initial license, the governing body of the\nmunicipality shall find and determine that there is a public need and\nthat public advantage will be served by the issuance of such license;\nthat the applicant has filed its proposed rent for each bingo occasion;\nthat the commission has approved as fair and reasonable a schedule of\nmaximum rentals for each such occasion; that there is no diversion of\nthe funds of the proposed lessee from the lawful purposes as defined in\nthis article; and that such leasing of a hall or premises for the\nconduct of bingo is to be in accordance with the provisions of this\narticle and in accordance with the rules and regulations of the\ncommission, it shall issue a license permitting the applicant to lease\nsaid premises for the conduct of bingo to the authorized organization or\norganizations specified in the application during the period therein\nspecified or such shorter period as the governing body of the\nmunicipality shall determine, but not to exceed one year, upon payment\nof a license fee of ten dollars plus an amount based upon the aggregate\nrent specified in the license and determined in accordance with the\nfollowing schedule:\n aggregate rental of $100 to $499 ....................... $5.00\n aggregate rental of $500 to $999 ...................... $25.00\n aggregate rental of $1,000 to $2,499 .................. $50.00\n aggregate rental of $2,500 to $4,999 ................. $125.00\n aggregate rental of $5,000 to $9,999 ................. $250.00\n aggregate rental of $10,000 to $49,999 ............... $500.00\n aggregate rental of $50,000 to $100,000 ............ $2,500.00\n aggregate rental in excess of $100,000 ............. $5,000.00\n 2. On or before the thirtieth day of each month, the treasurer of the\nmunicipality shall transmit to the state comptroller a sum equal to\nfifty percent of all commercial lessor license fees and the sum of\neleven dollars and twenty-five cents per occasion of all license fees\nfor the conduct of bingo collected by such municipality pursuant to this\nsection during the preceding calendar month.\n 3. No license shall be issued under this article which shall be\neffective for a period of more than one year. In the case of limited\nperiod bingo, no license shall be issued authorizing the conduct of such\ngames on more than two occasions in any one day nor shall any license be\nissued under this article which shall be effective for a period of more\nthan seven of twelve consecutive days in any one year. No license for\nthe conduct of limited period bingo shall be issued in cities having a\npopulation of one million or more.\n