2023 New York Laws › GMU - General Municipal › Article 9-A - Local Option for Conduct of Games of Chance by Certain Organizations › 195-N - Manufacturers of Bell Jars; Reports and Records.

§  195-n.  Manufacturers  of  bell  jars;  reports  and  records.   1.
Distribution; manufacturers.  For  business  conducted  in  this  state,
manufacturers  licensed by the board to sell bell jar tickets shall sell
only such tickets to distributors licensed by the  board.  Manufacturers
of bell jar tickets, seal cards, merchandise boards, and coin boards may
submit  samples,  artists'  renderings, or color photocopies of proposed
bell jar tickets, seal cards, merchandise boards,  coin  boards,  payout
cards,  and  flares  for review and approval by the board. Within thirty
days of receipt of such sample or rendering, the board shall approve  or
deny  such bell jar tickets. Following approval of a rendering of a bell
jar ticket, seal card, merchandise board, or coin board  by  the  board,
the  manufacturer shall submit to the board a sample of the printed bell
jar ticket, seal card, merchandise board, coin board, payout  card,  and
flare for such game. Such sample shall be submitted prior to the sale of
the  game to any licensed distributor for resale in this state. For coin
boards  and  merchandise  boards,  nothing  herein  shall  require   the
submittal  of  actual  coins  or  merchandise  as  part  of the approval
process. Any licensed manufacturer who willfully violates the provisions
of this section shall: (a) upon such first offense, have  their  license
suspended  for  a  period  of thirty days; (b) upon such second offense,
participate in a hearing to be conducted by  the  board,  and  surrender
their  license for such period as recommended by the board; and (c) upon
such third or subsequent offense, have their  license  suspended  for  a
period  of  one  year  and  shall  be  guilty  of  a class E felony. Any
unlicensed manufacturer who violates  the  provisions  of  this  section
shall be guilty of a class E felony.
2.  Bar  codes. The manufacturer shall affix to the flare of each bell
jar game a bar code that provides  all  information  prescribed  by  the
board  and  shall require that the bar code include the serial number of
the game the flare describes. A manufacturer shall  also  affix  to  the
outside  of  the  container  or wrapping containing   a deal of bell jar
tickets a bar code providing all information prescribed by the board and
containing the same information as the bar code affixed  to  the  flare.
The board may also prescribe additional bar code requirements. No person
may  alter  the  bar code that appears on the flare or on the outside of
the container or  wrapping  containing  a  deal  of  bell  jar  tickets.
Possession  of  a deal of bell jar tickets that has a bar code different
from the serial number of the deal inside the container or  wrapping  as
evidenced  on  the  flare is prima facie evidence that the possessor has
altered the bar code on the container or wrapping.
3. Bell jar flares. (a) A manufacturer shall not ship or cause  to  be
shipped  into this state any deal of bell jar tickets that does not have
its own individual flare as required for that deal by rule of the board.
A person other than  a  licensed  manufacturer  shall  not  manufacture,
alter,  modify,  or  otherwise  change  a  flare  for a deal of bell jar
tickets except as authorized by this article or  rules  and  regulations
promulgated by the board.
(b) The flare for each deal of bell jar tickets sold by a manufacturer
in  this state shall be placed inside the wrapping of the deal which the
flare describes.
(c) The bar code affixed to the flare of each bell jar game shall bear
the serial number of such game as prescribed by the board.
(d) The flare of each bell jar game shall have affixed a bar code that
provides: (1) the game code; (2) the serial number of the game; (3)  the
name  of  the  manufacturer; and (4) other information the board by rule
may require. The serial number included on the bar  code  shall  be  the
same  as  the  serial  number  of  the  tickets  included in the deal. A
manufacturer who manufactures a deal of bell jar tickets shall affix  to

the outside of the container or wrapping containing the bell jar tickets
the same bar code that is affixed to the flare for that deal.
(e)  No person shall alter the bar code that appears on the outside of
a  container  or  wrapping  containing  a  deal  of  bell  jar  tickets.
Possession of a deal of bell jars that has a bar code different from the
bar  code  of  the  deal inside the container or wrapping is prima facie
evidence that the possessor has altered the bar code on the box.
4. Reports of sales. A manufacturer who sells  bell  jar  tickets  for
resale  in this state shall file with the board, on a form prescribed by
the board, a report of all bell jar tickets sold to distributors in  the
state.  The  report  shall be filed quarterly on or before the twentieth
day of the month succeeding the end of the quarter in which the sale was
made. The board may require that the report be  submitted  via  magnetic
media or electronic data transfer.
5. Inspection. The board may inspect the premises, books, records, and
inventory  of  a  manufacturer without notice during the normal business
hours of the manufacturer.