2023 New York Laws › GMU - General Municipal › Article 9-A - Local Option for Conduct of Games of Chance by Certain Organizations › 186 - Definitions.

§ 186. Definitions. As used in this article, the following terms shall
have the following meanings:
1.  "Municipality"  shall  mean  any city, town or village within this
state.
2. "Board"  shall  mean  New  York  state  gaming  commission  created
pursuant  to section one hundred two of the racing, pari-mutuel wagering
and breeding law.
3. "Games of chance" shall mean and include only the  games  known  as
"merchandise wheels", "coin boards", "merchandise boards", "seal cards",
"event  games", "raffles", and "bell jars" and such other specific games
as may be authorized by the board, in which prizes are  awarded  on  the
basis of a designated winning number or numbers, color or colors, symbol
or  symbols determined by chance, but not including games commonly known
as "bingo or lotto" which are controlled  under  article  fourteen-H  of
this  chapter  and  also  not including "bookmaking", "policy or numbers
games" and "lottery" as defined in section 225.00 of the penal  law.  No
game  of  chance  shall  involve wagering of money by one player against
another player.
3-a. "Bell jars" shall  mean  and  include  those  games  in  which  a
participant  shall  draw  a  card  from a jar, vending machine, or other
suitable device or container which contains numbers, colors  or  symbols
that  are  covered  and  which,  when uncovered, may reveal that a prize
shall be awarded on the basis of a designated winning number,  color  or
symbol  or  combination  of  numbers, colors or symbols. Bell jars shall
also include seal cards,  coin  boards,  event  games,  and  merchandise
boards.
3-b.  "Raffle" shall mean and include those games of chance in which a
participant pays money in return for a ticket or other  receipt  and  in
which  a  prize  is awarded on the basis of a winning number or numbers,
color or colors, or symbol  or  symbols  designated  on  the  ticket  or
receipt, determined by chance as a result of:
(a) a drawing from among those tickets or receipts previously sold; or
(b)  a  random  event, the results of which correspond with tickets or
receipts previously sold.
3-c. "Coin board" and "merchandise board" shall mean a board  used  in
conjunction  with  bell  jar tickets which contains and displays various
coins and/or merchandise as prizes. A player having a  bell  jar  ticket
with  a  number  matching a pre-designated number reflected on the board
for a prize wins that prize.
3-d. "Seal cards" shall mean a board or placard  used  in  conjunction
with  a  deal  of  the  same  serial  number  which contains one or more
concealed areas that, when removed or  opened,  reveal  a  predesignated
winning  number,  letter,  or  symbol located on the board or placard. A
seal card used in conjunction with an event game shall not  be  required
to contain lines for prospective seal winners to sign their name.
3-e.  "Event game" shall mean a bell jar game in which certain winners
are determined by the random selection of one or more bingo numbers, the
use of a seal card or by another method approved by the board.
4. "Authorized organization" shall mean  and  include  any  bona  fide
religious or charitable organization or bona fide educational, fraternal
or  service  organization  or  bona  fide  organization  of  veterans or
volunteer  firefighters,  which   by   its   charter,   certificate   of
incorporation, constitution, or act of the legislature, shall have among
its  dominant  purposes one or more of the lawful purposes as defined in
this article, provided that each shall operate  without  profit  to  its
members, and provided that each such organization has engaged in serving
one  or  more  of  the  lawful purposes as defined in this article for a

period of three years immediately prior to applying for a license  under
this article.
No  organization  shall  be deemed an authorized organization which is
formed primarily for the purpose of conducting games of chance and which
does not devote at least seventy-five percent of its activities to other
than conducting games of chance. No political party shall be  deemed  an
authorized organization.
5.  "Lawful  purposes" shall mean one or more of the following causes,
deeds or activities:
(a) Those which shall benefit needy or deserving persons indefinite in
number by enhancing  their  opportunity  for  religious  or  educational
advancement,  by  relieving them from disease, suffering or distress, or
by contributing to  their  physical  wellbeing,  by  assisting  them  in
establishing  themselves  in  life  as worthy and useful citizens, or by
increasing their comprehension of and devotion to  the  principles  upon
which  this  nation  was  founded  and  enhancing their loyalty to their
governments.
(b) Those which shall initiate, perform or foster worthy public  works
or  shall  enable  or  further  the  erection  or  maintenance of public
structures.
(c) Those that otherwise lessen the burdens  borne  by  government  or
that are voluntarily undertaken by an authorized organization to augment
or  supplement  services  which  government would normally render to the
people, including, in the case of volunteer  firefighters  or  voluntary
emergency   medical   service  activities,  the  purchase,  erection  or
maintenance of a building for a firehouse or a volunteer ambulance corps
building,  activities  open  to  the  public  for  the  enhancement   of
membership and the purchase of equipment that can reasonably be expected
to  increase  the  efficiency  of  response to fires, accidents, medical
emergencies, public calamities and other emergencies.
d. Those which shall initiate, perform or  foster  the  provisions  of
services  to  veterans by encouraging the gathering of such veterans and
shall enable or further the erection or maintenance  of  facilities  for
use  by  such  veterans  which shall be used primarily for charitable or
patriotic purposes, or those purposes which shall  be  authorized  by  a
bona  fide organization of veterans, provided however that such proceeds
are disbursed pursuant  to  section  one  hundred  eighty-nine  of  this
article.
6.  "Net  proceeds"  shall  mean (a) in relation to the gross receipts
from one or more license periods of games of  chance,  the  amount  that
shall  remain  after  deducting  the  reasonable  sums  necessarily  and
actually    expended    for    supplies    and    equipment,     prizes,
security-personnel,  stated  rental  if  any,  bookkeeping or accounting
services according to a  schedule  of  compensation  prescribed  by  the
board,  janitorial  services  and utility supplies if any, license fees,
and the cost of bus  transportation,  if  authorized  by  the  clerk  or
department  and  (b)  in  relation  to  the  gross  rent  received by an
authorized games of chance lessor for the use of its premises by a  game
of  chance  licensee,  the  amount that shall remain after deducting the
reasonable  sums  necessarily  and  actually  expended  for   janitorial
services and utility supplies directly attributable thereto if any.
7.  "Net  lease"  shall  mean a written agreement between a lessor and
lessee  under  the  terms  of  which  the  lessee  is  entitled  to  the
possession,  use  or occupancy of the whole or part of any premises from
any non-commercial or non-profit authorized games of chance  lessor  for
which  the lessee pays rent to the lessor and likewise undertakes to pay
substantially all of the regularly recurring expenses  incident  to  the
operation and maintenance of such leased premises.
8.  "Authorized  games  of  chance  lessor"  shall  mean an authorized
organization which has been granted a lessor's license pursuant  to  the
provisions of this article or a municipality.
9.  "Single  type  of  game"  shall  mean the games of chance known as
merchandise  wheels,  coin  boards,  merchandise  boards,  event  games,
raffles, and bell jars and each other specific game of chance authorized
by the board.
10. "Operation" shall mean the play of a single type of game of chance
necessary to determine the outcome or winners each time wagers are made.
A  single drawing of a winning ticket or other receipt in a raffle shall
be deemed one operation.
11. "Single prize" shall mean the sum of money or fair market value of
merchandise or coins awarded to a  participant  by  a  games  of  chance
licensee  in  any  one  operation  of a single type of game of chance in
excess of his wager.
12. "Series of prizes" shall mean the total amount  of  single  prizes
minus  the  total amount of wagers lost during the successive operations
of a single type of game of chance, except that for  merchandise  wheels
and  raffles, "series of prizes" shall mean the sum of cash and the fair
market  value  of  merchandise  awarded  as  single  prizes  during  the
successive  operations of any single merchandise wheel or raffle. In the
game of raffle, a series of prizes may include a percentage of  the  sum
of cash received from the sale of raffle tickets.
13.  "Authorized supplier of games of chance equipment" shall mean any
person, firm, partnership, corporation or organization licensed  by  the
board  to sell or lease games of chance equipment or paraphernalia which
meets the specifications  and  regulations  established  by  the  board.
Nothing  herein shall prevent an authorized organization from purchasing
common articles, such as cards and dice, from normal sources  of  supply
of  such  articles  or from constructing equipment and paraphernalia for
games of  chance  for  its  own  use.  However,  no  such  equipment  or
paraphernalia,  constructed or owned by an authorized organization shall
be sold or leased to any other authorized organization, without  written
permission from the board.
14.  "One  occasion"  shall  mean the successive operations of any one
single type of game of chance which results in the awarding of a  series
of  prizes  amounting  to  five  hundred dollars or four hundred dollars
during any one license period, in  accordance  with  the  provisions  of
subdivision eight of section one hundred eighty-nine of this article, as
the  case  may  be.  For  purposes  of  the  game  of  chance known as a
merchandise wheel or a raffle, "one occasion" shall mean the  successive
operations  of  any  one  such merchandise wheel or raffle for which the
limit on a series of prizes provided by subdivision six of  section  one
hundred  eighty-nine  of  this  article shall apply. For purposes of the
game of chance known as a  bell  jar,  "one  occasion"  shall  mean  the
successive  operation  of  any one such bell jar, seal card, event game,
coin board, or merchandise board which results  in  the  awarding  of  a
series  of  prizes amounting to three thousand dollars. For the purposes
of the game of chance known  as  raffle  "one  occasion"  shall  mean  a
calendar  year  during  which  successive  operations  of  such game are
conducted.
15. "License period" shall  mean  a  period  of  time  not  to  exceed
fourteen consecutive hours and, for purposes of the game of chance known
as a bell jar and a raffle, "license period" shall mean a period of time
running from January first to December thirty-first of each year.
16. "Clerk" shall mean the clerk of a municipality outside the city of
New York.
17.  "Officer"  shall  mean  the  chief  law  enforcement officer of a
municipality outside the city of  New  York,  or  if  such  municipality
exercises the option set forth in subdivision two of section one hundred
ninety-four  of  this  article, the chief law enforcement officer of the
county.
18.  "Department"  shall mean the New York City Department of Consumer
Affairs.
19. "Premises" shall mean a designated area within a  building,  hall,
tent,  or  grounds  reasonably  identified  for  the conduct of games of
chance. Nothing herein shall require such area to be enclosed.
20. "Games of chance currency" shall mean legal tender or  a  form  of
scrip  or  chip  authorized  by  the  board,  except  for games known as
"raffles" whereby payment shall mean legal tender, credit or debit  card
or  personal  check,  any  of which may be used at the discretion of the
games of chance licensee.
21. "Flare" shall mean a poster description  of  the  bell  jar  game,
which shall include a declaration of the number of winners and amount of
prizes  in  each  deal,  the number of prizes available in the deal, the
number of tickets in each deal  which  contain  the  stated  prize;  the
manufacturer's game form number, and the serial number of the deal which
shall  be  identical  to  the  serial  number  imprinted  on each ticket
contained in the deal.