NY Gen Mun L § 189 (2021)
2021 New York Laws GMU - General Municipal Article 9-A - Local Option for Conduct of Games of Chance by Certain Organizations 189 - Restrictions Upon Conduct of Games of Chance.

§  189.  Restrictions  upon conduct of games of chance. The conduct of games of chance authorized by local law or ordinance shall be subject to the following restrictions irrespective of whether the restrictions  are contained  in  such  local law or ordinance, but nothing herein shall be construed to prevent the inclusion within such local law or ordinance of other provisions imposing additional restrictions upon  the  conduct  of such games:   1.  No  person,  firm, partnership, corporation or organization, other than a licensee under the provisions of section one  hundred  ninety-one of  this  article,  shall  conduct such game or shall lease or otherwise make  available  for  conducting  games  of  chance  premises  for   any consideration whatsoever, direct or indirect.   2. No game of chance shall be held, operated or conducted on or within any  leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of  the  receipts  or  net  profits derived from the operation of such game.   3.  No  authorized  organization licensed under the provisions of this article shall purchase, lease, or  receive  any  supplies  or  equipment specifically  designed  or  adapted  for  use in the conduct of games of chance from other than a supplier licensed by the board or from  another authorized  organization. Lease terms and conditions shall be subject to rules and regulations promulgated by the board. The provisions  of  this article  shall  not  be  construed  to authorize or permit an authorized organization to engage in the  business  of  leasing  games  of  chance, supplies, or equipment. Furthermore, no organization shall purchase bell jar  tickets,  or  deals  of  bell  jar tickets from any other person or organization other than those specifically authorized under sections one hundred ninety-five-n and one hundred ninety-five-o of this article.   4. The entire net proceeds of any game of chance shall be  exclusively devoted  to the lawful purposes of the organization permitted to conduct the same and the net proceeds of any rental derived therefrom  shall  be exclusively  devoted  to  the lawful purposes of the authorized games of chance lessor.   5. (a) No single prize awarded by games of chance  other  than  raffle shall  exceed the sum or value of three hundred dollars, except that for merchandise wheels, no single prize shall exceed the sum or value of two hundred fifty dollars, and for bell jar, no single  prize  shall  exceed the sum or value of one thousand dollars.  (b) No single prize awarded by raffle shall exceed the sum or value of three hundred thousand dollars.  (c)  No  single wager shall exceed six dollars and for bell jars, coin boards or merchandise boards, no single prize shall exceed one  thousand dollars,  provided, however, that such limitation shall not apply to the amount of money or value paid by the participant in a raffle  in  return for a ticket or other receipt.  (d) For coin boards and merchandise boards, the value of a prize shall be  determined  by the cost of such prize to the authorized organization or, if donated, the fair market value of such prize.   6. (a) No authorized organization  shall  award  a  series  of  prizes consisting  of  cash or of merchandise with an aggregate value in excess of:  (1) ten thousand dollars during the successive operations of  any  one merchandise wheel; and  (2)  six thousand dollars during the successive operations of any bell jar, coin board or merchandise board.  (b) No series of prizes awarded by  raffle  shall  have  an  aggregate value in excess of five hundred thousand dollars.  (c) For coin boards and merchandise boards, the value of a prize shall be  determined  by the cost of such prize to the authorized organization or, if donated, the fair market value of such prize.   7.  In  addition to merchandise wheels, raffles and bell jars, no more than five other single types of  games  of  chance  shall  be  conducted during any one license period.   8.  Except  for merchandise wheels and raffles, no series of prizes on any one occasion shall aggregate more than four hundred dollars when the licensed authorized organization conducts five single types of games  of chance  during  any  one  license period. Except for merchandise wheels, raffles and bell jars, no series of prizes on  any  one  occasion  shall aggregate  more  than  five hundred dollars when the licensed authorized organization conducts less than five single types of  games  of  chance, exclusive  of  merchandise wheels, raffles and bell jars, during any one license period. No authorized organization shall award by raffle  prizes with  an  aggregate  value in excess of three million dollars during any one license period.   9. Except for the limitations on the sum or value  for  single  prizes and  series  of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period.   10. No person except a bona fide member  of  the  licensed  authorized organization  shall  participate  in  the  management  of such games; no person  except  a  bona  fide  member   of   the   licensed   authorized organization,   its   auxiliary   or   affiliated   organization,  shall participate in the operation of such game, as set forth in  section  one hundred ninety-five-c of this article.   11.  No person shall receive any remuneration for participating in the management or operation of any such game.   12. No authorized organization shall extend  credit  to  a  person  to participate in playing a game of chance.   13.  (a)  No  game  of  chance, other than a raffle that complies with paragraph (b) of this subdivision, shall be conducted on other than  the premises  of an authorized organization or an authorized games of chance lessor.  (b) Raffle tickets may be sold to the public, and a raffle drawing may occur,  outside  the  premises  of  an  authorized  organization  or  an authorized  games  of chance lessor if such sales occur, or such drawing occurs, in a municipality that:  (1) has passed a local law, ordinance or resolution in accordance with sections one hundred eighty-seven and one hundred eighty-eight  of  this article approving the conduct of games of chance;  (2)  is  located  in  the county in which the municipality issuing the raffle license is located or in a  county  that  is  contiguous  to  the county in which the municipality issuing the raffle license is located;  (3)  has  not objected to such sales after the gaming commission gives notice to such municipality of an authorized organization's  request  to sell such raffle tickets in such municipality; and  (4)  has  not  objected to the location in such municipality that such drawing is proposed to occur, after the commission gives notice to  such municipality  of  an  authorized  organization's request to conduct such drawing in such  municipality.  A  location  of  a  drawing  may  be  on state-owned  property  so long as the authorized organization conducting the raffle obtains all required authorizations to  do  so  and  complies with this paragraph.  (c)  The  gaming  commission  may  by regulation prescribe the advance notice an authorized organization must provide to the gaming  commission in  order  to  take advantage of the provisions of paragraph (b) of this  subdivision, forms in which such a request shall be made  and  the  time period  in  which  a  municipality  must communicate an objection to the gaming commission.  (d)  No  sale  of  raffle  tickets shall be made more than one hundred eighty days prior to the date scheduled for the occasion  at  which  the raffle will be conducted.  (e)  The  winner of any single prize in a raffle shall not be required to be present at the time such raffle is conducted.   13-a. No person licensed to manufacture, distribute, or sell games  of chance   supplies   or   equipment,  or  their  agents,  shall  conduct, participate in, or assist in the conduct of  games  of  chance.  Nothing herein  shall prohibit a licensed distributor from selling, offering for sale,  or  explaining  a  product  to  an  authorized  organization   or installing  or  servicing games of chance equipment upon the premises of games of chance licensees.   14. The unauthorized conduct of a game of chance shall constitute  and be punishable as a misdemeanor.   15.  No  coins  or  merchandise from a coin board or merchandise board shall be redeemable or convertible into cash directly or  indirectly  by the authorized organization.   16.  Notwithstanding any provision of law to the contrary, games known as "raffles", at the discretion of the games of chance licensee, may  be purchased  via the internet or mobile application with a debit or credit card, upon the account holder's direct consent, provided, however,  that the   gaming   commission  shall  promulgate  any  necessary  rules  and regulations to ensure, to a reasonable degree of certainty that:  (a) the purchase of the raffle ticket is  initiated  and  received  or otherwise made in accordance with subdivision thirteen of this section;  (b) purchasers are not less than eighteen years of age; and  (c) the privacy and online security of participants is protected.