2023 New York Laws › GMU - General Municipal › Article 14-H - Local Option for Conduct of Bingo by Certain Organizations › 495-A - Unlawful Bingo or Game.

§  495-a. Unlawful bingo or game. 1. For the purposes of this section,
"bingo" or "game" shall mean and include  a  specific  game  or  chance,
commonly  known  as  bingo  or lotto, in which prizes are awarded on the
basis of designated numbers or symbols on a card conforming  to  numbers
or  symbols selected at random, whether or not a person who participates
as a  player  furnishes  something  of  value  for  the  opportunity  to
participate.
2.   Any   person,  firm,  partnership,  association,  corporation  or
organization holding, operating, or conducting bingo or a game is guilty
of a misdemeanor, except when operating, holding or conducting:
(a) In accordance  with  a  valid  license  issued  pursuant  to  this
article; or
(b) (i) Within a municipality that has authorized the conduct of bingo
games by authorized organizations:
(A)  within  the  confines  of  a  home  for  purposes of amusement or
recreation where (I) no player or other  person  furnishes  anything  of
value for the opportunity to participate, and (II) the prizes awarded or
to be awarded are nominal.
(B)   within   any  apartment,  condominium  or  cooperative  complex,
retirement community, or other group  residential  complex  or  facility
where (I) sponsored by the operator of or an association related to such
complex, community or facility, (II) such games are conducted solely for
the  purpose  of  amusement  and  recreation  of its residents, (III) no
player or other person furnishes anything of value for  the  opportunity
to  participate,  (IV)  the  value  of  the  prizes shall not exceed ten
dollars for any one game or a total of one hundred fifty dollars in  any
calendar  day, (V) such games are not conducted on more than one day per
week and not more than thirty times during any calendar year,  and  (VI)
no person other than an employee or volunteer of such complex, community
or facility conducts or assists in conducting the game or games.
(C)  on  behalf  of  any  bona  fide  social, charitable, educational,
recreational,  fraternal,  religious,  not-for-profit   or   age   group
organization,  club  or  association solely for the purpose of amusement
and recreation of its members or beneficiaries where (I)  no  player  or
other  person  furnishes  anything  of  value  for  the  opportunity  to
participate, (II) the value of the prizes shall not exceed  ten  dollars
for any one game or a total of one hundred fifty dollars in any calendar
day,  (III)  such  games are not conducted on more than one day per week
and not more than thirty times during any calendar year, (IV) no  person
other  than  a  bona  fide  active  member  of the organization, club or
association participates in the conduct of the games, and (V) no  person
is paid for conducting or assisting in the conduct of the game or games.
(D) as a hotel's, motel's, recreational or entertainment facility's or
common carrier's social activity solely for the purpose of amusement and
recreation  of its patrons where (I) no player or other person furnishes
anything of value for the opportunity to participate, (II) the value  of
the  prizes  shall not exceed ten dollars for any one game or a total of
one hundred fifty dollars in any calendar day, (III) such games are  not
conducted  on  more  than fifteen days during any calendar year, (IV) no
person other than an  employee  or  volunteer  conducts  or  assists  in
conducting  the  game  or  games,  and  (V)  the  game  or games are not
conducted in the same room where alcoholic beverages are sold.
(ii) The control commission and the governing body of the municipality
in which bingo games are conducted pursuant to this paragraph shall have
the authority to regulate the conduct of such games. Any bingo  game  or
games,  in  which  no  participant or other person furnishes anything of
value for the opportunity to participate, which is operated in violation
of this paragraph, a civil penalty of not more than one hundred  dollars

may be imposed for the first such violation, a civil penalty of not more
than  one  hundred  fifty  dollars  may  be  imposed for the second such
violation in a period of three years, and a civil penalty  of  not  more
than two hundred dollars may be imposed for the third or subsequent such
violation in a period of five years.
3.  The  provisions  of this section shall apply to all municipalities
within this state, including those municipalities where this article  is
inoperative.