2023 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.