NY Exec L § 435 (2021)
2021 New York Laws EXC - Executive Article 19-B - State Bingo Control Commission 435 - Powers and Duties of the Commission.

§ 435. Powers  and  duties  of the commission. 1. The commission shall have the power and it shall be its duty to:  (a) Supervise the administration of the bingo licensing law and adopt, amend and repeal  rules  and  regulations  governing  the  issuance  and amendment  of licenses thereunder and the conducting of games under such licenses, which rules and regulations shall have the force and effect of law and shall be binding upon all municipalities issuing  licenses,  and upon  licensees  thereunder  and licensees of the commission, to the end that such licenses shall be issued to qualified licensees only and  that said  games  shall be fairly and properly conducted for the purposes and in the manner in the said bingo licensing law prescribed and to  prevent the  games  thereby  authorized to be conducted from being conducted for commercial purposes or purposes other  than  those  therein  authorized, participated  in by criminal or other undesirable elements and the funds derived from the games being diverted from the purposes authorized, and, to provide uniformity in the administration of said law  throughout  the state, the commission shall prescribe forms of application for licenses, licenses,  amendment  of  licenses,  reports of the conduct of games and other matters incident to the administration of such law;  (b)  Conduct,  anywhere  within  the  state,  investigations  of   the administration,  enforcement  and  potential or actual violations of the bingo licensing law and of the rules and regulations of the commission;  (c) Review all determinations and actions of the  municipal  governing body  in  issuing  an initial license, and it may review the issuance of subsequent licenses and, after hearing, revoke those licenses  which  do not  in  all  respects  meet  the  requirements of this article, article fourteen-h of the general municipal law and the rules and regulations of the commission;  (d) Suspend or revoke a license, after hearing, for any  violation  of the  provisions  of  this  article,  article  fourteen-h  of the general municipal law or the rules and regulations of the commission;  (e) Hear appeals from the determinations and action of  the  municipal governing  body  in  connection with the refusing to issue licenses, the suspension and revocation of licenses and the imposition of fines in the manner prescribed by  law  and  the  action  and  determination  of  the commission  upon  any  such  appeal  shall be binding upon the municipal governing body and all parties thereto;  (f) Initiate prosecutions for violations of this article  and  of  the bingo licensing law;  (g)  Carry on continuous study of the operation of the bingo licensing law to ascertain from time  to  time  defects  therein  jeopardizing  or threatening to jeopardize the purposes of this article, and to formulate and  recommend  changes in such law and in other laws of the state which the commission may determine to be necessary for the realization of such purposes, and to the  same  end  to  make  a  continuous  study  of  the operation  and  administration of similar laws which may be in effect in other states of the United States.  (h) Supervise the disposition of all funds derived from the conduct of bingo by authorized organizations not currently licensed to conduct such games;  (i)  Issue  an  identification  number  to  an  applicant   authorized organization  if  it  shall  determine  that the applicant satisfies the requirements of the bingo licensing law and the rules and regulations.   2. (a) The commission shall have the power to issue or, after hearing, refuse to issue a license permitting a person, firm  or  corporation  to sell  or  distribute to any other person, firm or corporation engaged in business as a wholesaler, jobber, distributor or retailer of all  cards, boards,  sheets,  pads  and  all  other  supplies, devices and equipment  designed for use in the play of bingo by an organization  duly  licensed to  conduct  bingo  games  or  to  sell or distribute any such materials directly to such an organization. For the purposes of this  section  the words  "sell  or distribute" shall include, but shall not be limited to, the  following  activities;  offering  for  sale,  receiving,  handling, maintaining,  storing  the  same  on  behalf  of  such  an organization, distributing or providing the same to such an organization, and offering for sale or lease bingo devices and equipment. Each such  license  shall be valid for one year.  (b) No person, firm or corporation, other than an organization that is or  has been during the preceding twelve months duly licensed to conduct bingo games, shall  sell  or  distribute  bingo  supplies  or  equipment without  having  first  obtained  a  license  therefor upon a written or electronic application made, verified and filed with the  commission  in the form prescribed by the rules and regulations of the commission. As a part  of  its  determination  concerning the applicant's suitability for licensing  as  a  bingo  supplier,  the  commission  shall  require  the applicant  to  furnish  to  such  board  two  sets of fingerprints. Such fingerprints shall be submitted to  the  division  of  criminal  justice services  for  a  state  criminal  history  record  check, as defined in subdivision one of section three thousand thirty-five of  the  education law,  and  may be submitted to the federal bureau of investigation for a national criminal history record check. In each such application  for  a license  under  this section shall be stated the name and address of the applicant;  the  names  and  addresses  of  its   officers,   directors, shareholders  or  partners; the amount of gross receipts realized on the sale or distribution of bingo supplies and equipment  to  duly  licensed organizations  during  the  last  preceding calendar or fiscal year, and such other  information  as  shall  be  prescribed  by  such  rules  and regulations.  The  fee  for  such  license  shall  be  a  sum  equal  to twenty-five dollars plus an amount based upon the gross sales,  if  any, of  bingo  equipment  and  supplies  to  authorized organizations by the applicant during the preceding calendar year,  or  fiscal  year  if  the applicant  maintains  his  or  her  accounts on a fiscal year basis, and determined in accordance with the following schedule:   gross sales of $1,000 to $4,999................$10.00   gross sales of $5,000 to $19,999...............$50.00   gross sales of $20,000 to $49,999.............$200.00   gross sales of $50,000 to $100,000............$500.00   gross sales in excess of $100,000...........$1,000.00  (c) The following shall be ineligible for such a license:  (1) a person convicted of a crime if there is  a  direct  relationship between  one or more of the previous criminal offenses and the integrity and safety of bingo,  considering  the  factors  set  forth  in  article twenty-three-A of the correction law;  (2)  a  person  who  is or has been a professional gambler or gambling promoter or who for other reasons is not of good moral character;  (3) a public officer or employee;  (4) an operator or proprietor of a commercial hall duly licensed under the bingo licensing law;  (5) a firm or corporation in which a person  defined  in  clause  (1), (2), (3) or (4) of this paragraph, or a person married or related in the first  degree  to  such  a  person,  has  greater  than  a  ten  percent proprietary, equitable or credit interest or in which such a  person  is active or employed.  (d)  The control commission shall have power to examine or cause to be examined the books and records of any applicant for a  license,  or  any licensee,  under  this section. Any information so received shall not be  disclosed except so far as may be necessary for the purpose of  carrying out the provisions of this article and article fourteen-h of the general municipal law.  (e)  Any  solicitation  of  an  organization licensed to conduct bingo games, to  purchase  or  induce  the  purchase  of  bingo  supplies  and equipment,  or  any  representation,  statement  or  inquiry designed or reasonably tending to influence such an  organization  to  purchase  the same,  other  than by a person licensed or otherwise authorized pursuant to this section shall constitute a violation of this section.  (f) Any person who willfully shall make any material  false  statement in  any  application  for  a  license authorized to be issued under this article or who willfully shall violate any of  the  provisions  of  this section  or  of  any  license  issued  hereunder  shall  be  guilty of a misdemeanor and, in addition to the penalties  in  such  case  made  and provided,  shall  forfeit  any  license  issued  to him or it under this section and be ineligible to apply for a license under this section  for one year thereafter.  (g)  At  the end of the license period, a recapitulation shall be made as between the licensee and the commission in respect of the gross sales actually recorded during the license period and the fee  paid  therefor, and  any  deficiency of fee thereby shown to be due shall be paid by the licensee and any excess of fee thereby shown to have been paid shall  be credited  to said licensee in such manner as the commission by the rules and regulations shall prescribe.   3. The commission shall have the power  to  approve  and  establish  a standard  set  of bingo cards comprising a consecutively numbered series and shall by its rules and regulations prescribe  the  manner  in  which such  cards  are to be reproduced and distributed to licensed authorized organizations.  The  sale  or  distribution  to  a  licensed  authorized organization  of  any  card  or  cards other than those contained in the standard set of  bingo  cards  shall  constitute  a  violation  of  this section.  Licensed authorized organizations shall not be required to use nor to maintain such cards seriatim  excepting  that  the  same  may  be required in the conduct of limited period bingo games.