NY Gen Mun L § 191 (2021)
2021 New York Laws GMU - General Municipal Article 9-A - Local Option for Conduct of Games of Chance by Certain Organizations 191 - Investigation; Matters to Be Determined; Issuance of License; Fees; Duration of License.

§  191.  Investigation; matters to be determined; issuance of license; fees; duration of license. 1. The clerk  or  department  shall  make  an investigation  of the qualifications of each applicant and the merits of each  application,  with  due  expedition  after  the  filing   of   the application.  (a)  Issuance of licenses to conduct games of chance. If such clerk or department determines:  (i) that the applicant is duly qualified to  be  licensed  to  conduct games of chance under this article;  (ii)  that  the  member  or members of the applicant designated in the application to manage games of chance are bona fide  active  members  of the  applicant  and  are  persons of good moral character and have never been convicted of a crime if there is a direct relationship between  one or more of the previous criminal offenses and the integrity or safety of charitable   gaming,  considering  the  factors  set  forth  in  article twenty-three-A of the correction law;  (iii) that such games are to  be  conducted  in  accordance  with  the provisions  of  this  article  and  in  accordance  with  the  rules and regulations of the  gaming  commission  and  applicable  local  laws  or ordinances  and  that  the  proceeds  thereof  are  to be disposed of as provided by this article; and  (iv) that no commission, salary, compensation,  reward  or  recompense whatever  will  be  paid  or  given to any person managing, operating or assisting therein except as in this  article  otherwise  provided;  then such  clerk or department shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee of  twenty-five dollars for each license period.  (b)  Issuance  of  licenses  to authorized games of chance lessors. If such clerk or department shall determine that the applicant  seeking  to lease  premises  for the conduct of games of chance to a games of chance licensee is duly qualified to be licensed under this article;  that  the applicant  satisfies  the requirements for an authorized organization as defined in section one hundred eighty-six  of  this  article;  that  the applicant  has  filed its proposed rent for each license period and that the clerk or department has approved  the  proposed  rent  as  fair  and reasonable; that the net proceeds from any rental will be devoted to the lawful  purposes  of  the  applicant;  that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in this article; and that such leasing of premises for the conduct of such games is to be in accordance with the provisions of  this  article,  with  the rules  and  regulations  of  the  board  and  applicable  local laws and ordinances, it shall issue a license permitting the applicant  to  lease said  premises  for  the  conduct  of  such games to the games of chance licensee or licensees specified in the  application  during  the  period therein  specified  or  such  shorter period as such clerk or department shall determine, but not to  exceed  twelve  license  periods  during  a calendar  year,  upon payment of a license fee of fifty dollars. Nothing herein shall be construed to require the applicant to be licensed  under this article to conduct games of chance.  (c)  Issuance  of license upon summary application. If, upon the basis of a summary  application  as  prescribed  under  subdivision  three  of section  one  hundred  ninety  of  this article, the clerk or department shall determine that the applicant is duly qualified to be  licensed  to conduct  games  of  chance  under this article, said clerk or department shall forthwith issue said license. In the event the clerk or department has reason to believe  that  the  applicant  is  not  so  qualified  the applicant   shall  be  directed  to  file  an  application  pursuant  to subdivision one of section one hundred ninety of this article.    2. On or before the thirtieth day of each month, the treasurer of  the municipality in which the licensed property is located shall transmit to the  state  comptroller  a  sum equal to fifty percent of all authorized games of chance lessor license fees and the sum of fifteen  dollars  per license  period  for  the  conduct  of games of chance collected by such clerk or department  pursuant  to  this  section  during  the  preceding calendar month.   3.  No  license  shall  be  issued  under  this section which shall be effective for a period of more than one year.