2023 New York Laws › GMU - General Municipal › Article 9-A - Local Option for Conduct of Games of Chance by Certain Organizations › 189-A - Authorized Supplier of Games of Chance Equipment.

§ 189-a. Authorized supplier of games of chance equipment.  No person,
firm, partnership, corporation or organization, shall sell or distribute
supplies  or  equipment  specifically  designed  or  adapted  for use in
conduct of games of chance  without  having  first  obtained  a  license
therefor  upon  written  application  made,  verified and filed with the
board in the form prescribed by the rules and regulations of the  board.
As  a  part  of its determination concerning the applicant's suitability
for licensing as a games of chance supplier, the board shall require the
applicant to furnish to the  board  two  sets  of  fingerprints.    Such
fingerprints  shall  be  submitted  to  the division of criminal justice
services for a state  criminal  history  record  check,  as  defined  in
subdivision  one  of section three thousand thirty-five of the education
law, and may be submitted to the federal bureau of investigation  for  a
national  criminal  history  record  check.  Manufacturers  of  bell jar
tickets shall be considered suppliers of such equipment.  In  each  such
application  for  a  license under this section shall be stated the name
and address of the applicant; the names and addresses of  its  officers,
directors,  shareholders  or  partners;  the  amount  of  gross receipts
realized on the  sale  and  rental  of  games  of  chance  supplies  and
equipment  to  duly  licensed  authorized  organizations during the last
preceding calendar or fiscal year, and such other information  as  shall
be  prescribed  by  such rules and regulations. The fee for such license
shall be a sum equal to twenty-five dollars plus an amount equal to  two
per  centum  of  the gross sales and rentals, if any, of games of chance
equipment and supplies to authorized organizations or  authorized  games
of  chance  lessors by the applicant during the preceding calendar year,
or fiscal year if the applicant maintains his accounts on a fiscal  year
basis.  No  license  granted  pursuant to the provisions of this section
shall be effective for a period of more than one year.
(a) The following shall be ineligible for such a license:
(1) a person 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;
(2)  a  person  who  is or has been a professional gambler or gambling
promoter or who for other reasons is not of good moral character;
(3) a public officer or employee;
(4) an authorized games of chance lessor;
(5) a firm or corporation in which a person defined in paragraph  (1),
(2),  (3)  or  (4)  of  this  subdivision has greater than a ten percent
proprietary, equitable or credit interest or in which such a  person  is
active or employed.
(b)  The board shall have power to examine or cause to be examined the
books and records of any applicant for a license,  under  this  section.
Any  information so received shall not be disclosed except so far as may
be necessary for the purpose of carrying  out  the  provisions  of  this
article.
(c)  Any  solicitation of an organization licensed to conduct games of
chance, to purchase or induce the purchase of games of  chance  supplies
and  equipment,  other than by a person licensed or otherwise authorized
pursuant to this section shall constitute a violation of this section.
(d) Any person who willfully shall make any material  false  statement
in  any  application  for  a  license authorized to be issued under this
section or who willfully shall violate any of  the  provisions  of  this
section  or  of  any  license  issued  hereunder  shall  be  guilty of a
misdemeanor and, in addition to the penalties  in  such  case  made  and
provided,  shall  forfeit  any  license  issued  to him or it under this

section and be ineligible to apply for a license under this section  for
one year thereafter.
(e)   At   the  end  of  such  period  specified  in  the  license,  a
recapitulation shall be made as between the licensee and  the  board  in
respect  of  the  gross  sales and rentals actually recorded during that
period and the fee paid therefor, and  any  deficiency  of  fee  thereby
shown  to  be  due  shall  be paid by the licensee and any excess of fee
thereby shown to have been paid shall be credited to  said  licensee  in
such manner as the board by the rules and regulations shall prescribe.