2023 New York Laws › GMU - General Municipal › Article 14-H - Local Option for Conduct of Bingo by Certain Organizations › 481 - Investigation; Matters to Be Determined; Issuance of License; Fees; Duration of License.

§  481.  Investigation; matters to be determined; issuance of license;
fees; duration of license. 1. The governing  body  of  the  municipality
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 bingo. If the governing body of
the municipality determines:
(i) that the applicant is duly qualified to  be  licensed  to  conduct
bingo under this article;
(ii)  that  the  member  or members of the applicant designated in the
application to conduct bingo are bona fide active members  or  auxiliary
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  bingo,  considering  the  factors  set  forth  in  article
twenty-three-A of the correction law;
(iii)  that such games of bingo are to be conducted in accordance with
the provisions of this article and in  accordance  with  the  rules  and
regulations of the commission;
(iv)  that  the  proceeds thereof are to be disposed of as provided by
this article;
(v) that no commission, salary,  compensation,  reward  or  recompense
whatsoever  will  be  paid  or given to any person holding, operating or
conducting or assisting in the holding, operation  and  conduct  of  any
such games of bingo except as in this article otherwise provided; and
(vi)  that  no prize will be offered and given in excess of the sum or
value of five thousand dollars in any single game of bingo and that  the
aggregate  of all prizes offered and given in all of such games of bingo
conducted on a single occasion under said license shall not  exceed  the
sum  or  value  of fifteen thousand dollars, then the municipality shall
issue a license to the applicant for the conduct of bingo  upon  payment
of  a  license  fee  of eighteen dollars and seventy-five cents for each
bingo occasion.
Notwithstanding anything  to  the  contrary  in  this  paragraph,  the
governing  body  shall refuse to issue a license to an applicant seeking
to conduct bingo in premises of a licensed commercial lessor where  such
governing  body determines that the premises presently owned or occupied
by such applicant  are  in  every  respect  adequate  and  suitable  for
conducting bingo games.
(b)  Issuance of licenses to commercial lessors. If the governing body
of the municipality shall determine that the applicant seeking to  lease
a   hall  or  premises  for  the  conduct  of  bingo  to  an  authorized
organization is duly qualified to be licensed under this  article;  that
the  applicant  satisfies  the requirements for an authorized commercial
lessor as defined in section four hundred seventy-six that at  the  time
of  the  issuance  of  an  initial  license,  the  governing body of the
municipality shall find and determine that there is a  public  need  and
that  public  advantage  will be served by the issuance of such license;
that the applicant has filed its proposed rent for each bingo  occasion;
that  the  commission  has approved as fair and reasonable a schedule of
maximum rentals for each such occasion; 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  a  hall  or  premises  for  the
conduct  of  bingo  is  to  be in accordance with the provisions of this
article and  in  accordance  with  the  rules  and  regulations  of  the
commission,  it  shall issue a license permitting the applicant to lease
said premises for the conduct of bingo to the authorized organization or
organizations specified in the application  during  the  period  therein

specified   or  such  shorter  period  as  the  governing  body  of  the
municipality shall determine, but not to exceed one year,  upon  payment
of  a license fee of ten dollars plus an amount based upon the aggregate
rent  specified  in  the  license  and determined in accordance with the
following schedule:
aggregate rental of $100 to $499 ....................... $5.00
aggregate rental of $500 to $999 ...................... $25.00
aggregate rental of $1,000 to $2,499 .................. $50.00
aggregate rental of $2,500 to $4,999 ................. $125.00
aggregate rental of $5,000 to $9,999 ................. $250.00
aggregate rental of $10,000 to $49,999 ............... $500.00
aggregate rental of $50,000 to $100,000 ............ $2,500.00
aggregate rental in excess of $100,000 ............. $5,000.00
2. On or before the thirtieth day of each month, the treasurer of  the
municipality  shall  transmit  to  the  state comptroller a sum equal to
fifty percent of all commercial lessor  license  fees  and  the  sum  of
eleven  dollars  and  twenty-five cents per occasion of all license fees
for the conduct of bingo collected by such municipality pursuant to this
section during the preceding calendar month.
3. No license shall be  issued  under  this  article  which  shall  be
effective  for  a  period  of more than one year. In the case of limited
period bingo, no license shall be issued authorizing the conduct of such
games on more than two occasions in any one day nor shall any license be
issued under this article which shall be effective for a period of  more
than  seven  of  twelve consecutive days in any one year. No license for
the conduct of limited period bingo shall be issued in cities  having  a
population of one million or more.