2023 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.