reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4823 - Electronic Bingo Aids › Section 4823.4 - Written agreements required

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 No agreement for the rental, lease or use of any electronic bingo aid shall be
					 valid unless the entire agreement is in writing, signed by the parties thereto,
					 executed copies of which have been filed with the commission and the department
					 or clerk of the governing municipality at least 48 hours prior to use of such
					 electronic bingo aids.
(b) Licensed
					 suppliers shall lease or sell electronic bingo aids only to licensed authorized
					 organizations licensed to conduct bingo or, if approved in writing by the
					 commission, to commercial lessors. In cases where the licensed supplier leases
					 electronic bingo aids to a licensed authorized organization, the licensed
					 supplier may charge either a flat fee or a per-use fee. In cases where the
					 licensed supplier leases electronic bingo aids to a commercial lessor, the
					 licensed supplier shall only charge a flat fee for the use of such device and
					 shall not charge on a percentage of net proceeds or a per-use basis, and the
					 commercial lessor shall include the cost of the electronic bingo aids in the
					 written lease with the licensed authorized organization consistent with section
					 4820.10 of this Subchapter,
					 provided that cost is unrelated to a percentage of net receipts or the number
					 of units used.
(c) No agreement
					 shall be enforceable by a supplier against an authorized organization beyond
					 the term of a bingo license issued to such authorized organization. An
					 agreement may contain an option clause to be exercised solely at the discretion
					 of the authorized organization continuing the terms of a previous contract into
					 a new license year.
(d) No
					 agreement shall require that an organization purchase bingo face-cards,
					 supplies, games of chance supplies or other bingo equipment exclusively from
					 any supplier.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4823 - Electronic Bingo Aids › Section 4823.5 - Multiple systems permitted

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 An authorized organization may use or offer for sale or lease more than one
					 electronic bingo aid system provided the total number of electronic bingo aid
					 units in use at one time does not exceed 15 percent of the total bingo seating
					 capacity of such premises and each system includes separate sales record
					 programs.
(b) No lessor of bingo
					 premises may store an electronic bingo aid on its premises unless such
					 electronic bingo aid is leased to or owned by an authorized organization
					 licensed to conduct bingo at such premises.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4823 - Electronic Bingo Aids › Section 4823.6 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 addition to the requirements of Part 4815 of this Chapter, a supplier of
					 electronic bingo aids shall report to the commission:
(1) the number of electronic bingo aids
					 shipped into New York State or to a federally recognized Indian tribe or nation
					 located, wholly or in part, within the geographic boundaries of New York
					 State;
(2) the serial number of
					 each such electronic bingo aid; and
(3) the name and address of the licensee or
					 federally recognized Indian tribe or nation in possession of such electronic
					 bingo aids.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4823 - Electronic Bingo Aids › Section 4823.7 - Restrictions on the use of electronic bingo aids by authorized organizations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No authorized
					 organization shall require that a player use an electronic bingo aid.
(b) The price of computerized bingo
					 face-cards, bingo paper face-cards and packages of bingo face-cards sold in
					 conjunction with an electronic bingo aid shall be the same price per face-card
					 as bingo cards, bingo face-cards or packages of face-cards sold to players not
					 using an electronic bingo aid during the same bingo occasion.
(c) Only licensed bona fide members of a
					 licensed authorized organization may lease electronic bingo aids to players,
					 and only during the license period of such authorized organization.
(d) The maximum number of electronic bingo
					 aids in use per licensed premise shall not exceed 25 percent of the total bingo
					 seating capacity for such premise.
(e) Not more than 54 computerized bingo
					 face-cards per electronic bingo aid may be sold to one player per bingo game
					 and programmed into an electronic bingo aid. This limitation shall not be
					 construed to limit the number of traditional bingo face-cards, bingo paper
					 face-cards or packages of face-cards that a player may purchase. This is a
					 maximum allowable amount and a licensed authorized organization may establish
					 lower maximums at its discretion.
(f) No person shall be permitted to operate
					 more than one electronic bingo aid during any bingo occasion.
(g) No electronic bingo aid that is
					 defective, has been physically damaged in any way, or has been otherwise
					 tampered with shall be offered for use.
(h) Authorized organizations shall issue
					 bingo face-cards to each player who has rented an electronic bingo aid. The
					 font size on each bingo face-card shall be at least 16-point. No player shall
					 be allowed to play any computerized bingo face-card that does not correspond
					 with a bingo face-card issued to such player.
(i) Receipts shall be provided to each player
					 with each purchase. In cases where reusable bingo cards are issued to a player,
					 the player's receipt shall indicate the specific face-card numbers purchased by
					 the player.
(j) Electronic bingo
					 aids shall only be used in conjunction with traditional elements of bingo, and
					 shall not replace any traditional element of bingo.
(k) Organizations shall report all sales
					 related to the operation of electronic bingo aids on form BC-7, line A-2, and
					 form BC-7B, line N.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.2 - Proceedings respecting licenses issued pursuant to Bingo Licensing Law

Current through Register Vol. 46, No. 28, July 10, 2024
Proceedings to revoke a license issued pursuant to the
						Bingo Licensing Law may be instituted either by the municipal governing body or
						by the commission, on the initiative of either or on complaint of any person,
						including any public official or agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.3 - Proceedings respecting licenses issued pursuant to Bingo Control Law

Current through Register Vol. 46, No. 28, July 10, 2024
Proceedings to suspend or revoke a license issued
						pursuant to the Bingo Control Law may be instituted by the commission, on the
						commission's own initiative, or on complaint of any person, including any
						public official or agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.4 - Licensee to be informed of revocation proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
Proceedings to revoke a license shall be brought by
						informing the licensee in writing of the grounds thereof and the date and place
						set for hearing thereon.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.5 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The municipal governing body or the commission, as the
						case may be, shall cause the notice of hearing to be served personally upon an
						officer of the licensee or a member in charge of the bingo games or to be sent
						by registered or certified mail to the licensee at the address shown in the
						registration or application for license. Notices of hearing shall be mailed or
						served personally, not less than five days prior to the date set forth in said
						notice for the holding of said hearing unless the commission, in the
						commission's discretion, shall shorten the time fixed herein.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.6 - Persons to appear

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who would be aggrieved by the determination of
						the municipal governing body or the commission may appear and be heard in
						person or by duly appointed representative and may produce, under oath,
						evidence relevant and material to the charges preferred. A duly authorized
						representative of the licensee must appear in person on the date set forth in
						the notice of hearing and on all adjourned dates. The failure of the licensee
						to so appear will result in a determination by the municipal governing body or
						the commission by default.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.7 - Persons seeking immunity

Current through Register Vol. 46, No. 28, July 10, 2024
Any person seeking immunity who is called to appear
						before the commission to answer questions or produce evidence at a hearing,
						inquiry or investigation, shall make written application therefor to the
						chairman not less than three days prior to such person"TMs scheduled appearance
						before the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.8 - Pleas to the charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In answer to
					 the charges set forth in the notice of hearing, the licensee shall be afforded
					 an opportunity to plead thereto on or before the date fixed for the
					 hearing.
(b) The licensee shall
					 plead either "not guilty" or "no contest". If a plea of "not guilty" is
					 entered, a date for hearing will be scheduled. If a plea of "no contest" is
					 entered, a determination will be made by the commission in due
					 course.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.9 - Suspension prior to hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The commission by any two members thereof or a duly
						designated hearing officer or the municipal governing body may, at any time
						during the course of a hearing, inquiry or investigation, suspend any license
						issued pursuant to the Bingo Licensing Law, without hearing if, in the
						commission"TMs judgment, the continuance of the licensed activity is contrary
						to law or inimical to the public interest. Upon suspension, the municipal
						governing body or the commission shall forthwith inform the licensee in writing
						of the grounds thereof and the date and place set for hearing thereon, said
						hearing to be held within 10 days after suspension.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.10 - Forthwith suspension of bingo game

Current through Register Vol. 46, No. 28, July 10, 2024
The municipal governing body or the commission may
						forthwith suspend the operation of any licensed bingo game pending hearing, in
						which case the hearing must be held within 10 days after such
						suspension.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.11 - Hearings open to public

Current through Register Vol. 46, No. 28, July 10, 2024
All hearings on suspension and revocation of licenses
						held by the commission shall be open to the public.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.12 - Municipal governing body to make written findings

Current through Register Vol. 46, No. 28, July 10, 2024
When the suspension or revocation proceedings are begun
						before the municipal governing body that issued the license, such municipal
						governing body shall hear the matter and make written findings in support of
						such municipal governing decision. The licensee and the commission shall be
						notified immediately in writing of the decision and, in the event of a
						suspension or revocation, the effective date thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.13 - Procedure prescribed for commission

Current through Register Vol. 46, No. 28, July 10, 2024
When suspension or revocation proceedings are begun
						before the commission it shall dispose of the proceeding in the same manner as
						in the case of an appeal from a determination or action of the municipal
						governing body. Both the licensee and the governing body issuing the license
						shall be notified immediately in writing of the decision and in the event of a
						suspension or revocation, the effective date thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.14 - Hearing upon application for new license or reinstatement

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, firm, corporation or organization licensed
						pursuant to the Bingo Control Law or the Bingo Licensing Law that has had its
						license or identification number revoked shall appear at a hearing before
						whichever authority revoked the license at the time of making application for a
						new license or identification number, or for reinstatement of either or
						both.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.15 - Persons authorized to conduct hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings before the commission shall be conducted by the
						chair, another member of the commission, or a duly designated hearing officer.
						The person conducting the hearings shall rule upon matters of procedure and the
						introduction of evidence and shall otherwise conduct the hearing in such manner
						as to preserve fundamental concepts of fairness and to effectuate the purposes
						and provisions of the Bingo Control Law, the Bingo Licensing Law and this
						Chapter. At the conclusion of the hearings conducted by a hearing officer, the
						hearing officer shall make findings as to whether the evidence sustained the
						charges or any of them, preferred against the licensee, shall designate which
						charges the hearing officer has found sustained by the evidence and shall, at
						such hearing officer"TMs option, recommend to the commission the action to be
						taken against the licensee. The stenographic record of the hearing shall be
						referred, together with the hearing officer's findings and recommendation, if
						any, for consideration by the commission at a meeting duly held by
						it.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.16 - Rules of evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rules of
					 evidence governing proceedings in the courts of the State shall not be rigidly
					 enforced in hearings before the commission, and unless objection is made and
					 duly noted in the stenographic record of a hearing, all evidence appearing in
					 the stenographic record shall be deemed to have been validly introduced for the
					 consideration of the commission.
(b) The introduction of cumulative evidence
					 shall be avoided and the hearing officer may curtail the testimony of any
					 witness that the hearing officer judges to be merely cumulative; however, the
					 party offering such testimony may make a short avowal of the testimony that
					 would be given if the witness asserts that such avowal is true. This avowal
					 shall be made a part of the stenographic record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.17 - Stenographic record

Current through Register Vol. 46, No. 28, July 10, 2024
An accurate stenographic record shall be kept of the
						testimony of all witnesses. A copy of any testimony given by a witness shall be
						made available to such witness or any other person having a legitimate interest
						in such testimony upon application to the commission and at the expense of the
						applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.18 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the finding of a violation of the Bingo Licensing
						Law, the Bingo Control Law, the ordinances or local laws or this Chapter, or
						any of these, such as would warrant the suspension or revocation of a license
						or an identification number, the municipal governing body or the commission,
						whichever made such finding, may declare the violator ineligible to apply for a
						license under said laws for a period not exceeding 12 months thereafter. Such
						declaration of ineligibility may be extended to include in addition to the
						violator any of its subsidiary organizations, its parent organization or those
						otherwise affiliated with the violator, when in the opinion of the governing
						body or the commission, the circumstances of the violation warrant such
						action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.19 - Surrender of license when revoked or suspended

Current through Register Vol. 46, No. 28, July 10, 2024
When a license is suspended or revoked the licensee shall
						surrender its license to the governing body or the commission, whichever
						revoked or suspended the same, on or before the effective date of the
						suspension or revocation. No license shall be valid beyond the effective date
						of the suspension or revocation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.20 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
At the request of any party to a hearing, and for good
						cause shown, the commission shall issue subpoenas for the attendance of
						witnesses and the production of books, records, and other
						documents.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4830 - Hearings › Section 4830.21 - Suspension of identification number prior to hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The commission, by its chairman or by any two members
						thereof or a duly designated hearing officer, may at any time during the course
						of a hearing, inquiry or investigation, suspend any identification number
						issued pursuant to the Executive Law, without hearing if, in its judgment, the
						continuance of the identification number is contrary to law, rules, regulations
						or inimical to the public interest. Upon suspension, the commission shall
						forthwith inform the registrant in writing of the grounds thereof and the date
						and place set for the hearing thereon, said hearing to be held within 10 days
						after suspension.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.1 - Filing of notice of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the taking of an appeal as provided by the Bingo
						Licensing Law from any action or determination of the municipal governing body
						denying, suspending or revoking a license, the party aggrieved shall file with
						the municipal governing body an original and copy of a notice of appeal within
						30 days of the action or determination appealed from.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.2 - Contents of notice

Current through Register Vol. 46, No. 28, July 10, 2024
The notice of appeal shall set forth in detail the
						specific ground or grounds upon which the appeal is based.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.3 - Forwarding of original notice to commission

Current through Register Vol. 46, No. 28, July 10, 2024
The municipal clerk shall forward the original of the
						notice to the commission within three days after the filing of such
						notice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.4 - Filing of statement of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Within 15 days after the filing of the notice of appeal,
						the party aggrieved shall file with the commission an original and three copies
						of a statement of appeal with an admission or affidavit of service upon the
						municipal governing body.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.5 - Contents of statement

Current through Register Vol. 46, No. 28, July 10, 2024
The statement of appeal shall set forth in separately
						numbered paragraphs:
(a) the specific
					 nature of the claimed error or errors;
(b) a narrative of the facts presented to the
					 municipal governing body upon which the determination or action was based;
(c) a narrative of any additional
					 facts, not presented to the municipal governing body, that the party appealing
					 requests be considered on the appeal, together with an explanation why such
					 additional facts were not presented to the municipal governing body;
(d) a true copy of all transcribed testimony
					 taken at all prior hearings and proceedings; and
(e) argument on facts and the law. There
					 shall also be affixed a copy of the original application, a copy of the
					 findings and determination of the municipal governing body and a copy of the
					 license, if any.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.6 - Content and filing of counterstatement

Current through Register Vol. 46, No. 28, July 10, 2024
Within 20 days after service upon it of the statement of
						appeal, the municipal governing body shall file with the commission an original
						and three copies of a counterstatement of appeal, with an admission or
						affidavit of service upon the party appealing that shall set forth the facts in
						the statement of appeal that are disputed. There shall be an assertion as to
						any disputed fact, together with a narrative of any additional facts, not
						originally presented to the municipal governing body, that the municipal
						governing body requests be considered on the appeal. The counterstatement of
						appeal may also set forth argument on the facts and the law. On or before the
						filing thereof, a copy of the counterstatement of appeal shall be served upon
						the party aggrieved.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.7 - Proofs annexed to counterstatement

Current through Register Vol. 46, No. 28, July 10, 2024
The counterstatement of appeal shall have annexed, in the
						form of affidavits and exhibits, proof in support of (a) any disputed facts,
						(b) any additional facts not presented to the municipal governing
						body.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.8 - How papers may be filed

Current through Register Vol. 46, No. 28, July 10, 2024
Filing of the foregoing papers with the commission at the
						commission's office at 354 Broadway, Schenectady, NY 12305, may be either by
						personal service or by certified mail.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.9 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of the counterstatement of appeal the
						commission shall notify the parties thereto of the date and place fixed for
						hearing the appeal, and each party must indicate to the commission and to the
						opposing party, by written notice, within five days:
(a) whether the appeal is to be submitted on
					 the appeal papers, or
(b) whether
					 oral argument is desired, and
(c)
					 whether any party desires to examine any person making an affidavit on which
					 another party relies, and the name or names of such person or
					 persons.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.10 - Cross-examination of affiant

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever any person making an affidavit is to be
						cross-examined at the hearing on appeal, the party relying on his affidavit
						shall produce the witness at the hearing, and in default thereof, the affidavit
						shall not be considered in the determination of the appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.11 - Additional testimony may be allowed

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may, upon application of any party, for
						good cause shown, allow the production at the hearing of additional witnesses
						and evidence in support of any facts material to the determination of the
						appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.12 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
At the request of any party to an appeal, and for good
						cause shown, the commission shall issue subpoenas for the attendance of
						witnesses and the production of books, records, and other
						documents.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.13 - Stenographic record of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever oral testimony of witnesses is taken at the
						hearing of an appeal, an accurate stenographic record shall be kept of the
						testimony of all witnesses. A copy of any testimony given by a witness shall be
						made available to him or any other person having a legitimate interest in such
						testimony upon application to the commission and at the expense of the
						applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.14 - Adjournment of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings may be adjourned by the commission from time to
						time at the request of any party to the appeal but only for good cause shown.
						Hearings shall be held and concluded without unreasonable
						delay.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.15 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The chair may designate one or more members or employees
						of the commission to conduct the hearing appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.16 - Recording determination of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the determination of an appeal, the commission shall
						state the commission"TMs findings and record the vote of the members
						participating therein. All parties shall be notified by the commission of its
						determination and shall be furnished a copy of the findings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.17 - Assistance of counsel

Current through Register Vol. 46, No. 28, July 10, 2024
Parties to an appeal may be represented by counsel;
						provided, however, the attorney shall be a member in good standing of the Bar
						of the State of New York.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.18 - Authority of person acting in representative capacity

Current through Register Vol. 46, No. 28, July 10, 2024
Any person appearing before the commission in a
						representative capacity shall be required to establish such person"TMs
						authority to act in such capacity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter II - Division of Charitable Gaming › Subchapter E - BINGO CONDUCT OF GAMES, HEARINGS AND APPEALS › Part 4831 - Appeals to the Commission › Section 4831.19 - Stay without court order

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall have discretion to stay all
						proceedings to enforce any action, determination or order appealed from, upon
						written application to the commission by the party aggrieved and for good cause
						shown by affidavit of the moving party.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5000 - General Provisions › Section 5000.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
This chapter is promulgated by the New York State Gaming
						Commission pursuant to article 1 of the Racing, Pari-Mutuel Wagering and
						Breeding Law and governs the establishment, operation, and administration of
						the New York State Gaming Commission in regard to the State lottery, and such
						additional responsibilities as may be assigned by law. Subjects covered by this
						chapter include, but are not limited to: frequency of drawings, price of
						tickets, structure of prizes, payment of prizes, licensing of agents, use of
						vending machines, safekeeping operations and control and distribution of
						lottery tickets. This Part pertains to the Division of Lottery and supplements
						those rules and regulations of general applicability promulgated by the Gaming
						Commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5000 - General Provisions › Section 5000.3 - Powers reserved

Current through Register Vol. 46, No. 28, July 10, 2024
All powers not specifically defined in this Chapter are
						reserved to the commission under the laws creating the commission and
						specifying the commission's powers and duties.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5000 - General Provisions › Section 5000.4 - Name, official seal and offices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission may use the names "New
					 York State Lottery" or "New York Lottery" in advertisements, public
					 announcements, correspondence, or for any other lawful purpose, and whenever so
					 used such names shall be deemed to refer to the commission with the same force
					 and effect as if the full name of the commission was used.
(b) The commission shall adopt an official
					 seal, which shall be used in the cases prescribed by law and in such other
					 cases as authorized by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5000 - General Provisions › Section 5000.5 - Director, division and the commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The lottery division shall be supervised
					 by a director. The Division of Lottery shall be responsible to operate and
					 administer the State Lottery for Education, as prescribed by article 34 of the
					 Tax Law, excepting responsibilities for video lottery gaming, which shall be
					 under the Division of Gaming. Notwithstanding the foregoing, the Division of
					 Lottery shall retain the responsibility for all aspects of promotional
					 activities related to video lottery gaming.
(b) The commission shall have the authority
					 to implement and execute such procedures as the commission may deem appropriate
					 for the efficient administration of the acts, and to promulgate rules and
					 regulations governing the establishment, administration and operation of the
					 lottery at the commission's discretion to accomplish the purposes of the acts
					 and to amend, repeal or supplement such rules and regulations. The commission
					 may delegate authority to the executive director and the lottery director, at
					 the commission's discretion.
(c)
					 The commission shall conduct a continuous study and investigation of all
					 matters pertinent to the efficient operation of the lottery.
(d) The commission shall maintain full and
					 complete records of the operation of the division. The commission shall report
					 on a regular basis to the Governor on the status of the lottery.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5000 - General Provisions › Section 5000.7 - Reward payments

Current through Register Vol. 46, No. 28, July 10, 2024
The commission in the commission's discretion may
						authorize the payment of a reward in the amount of up to $100 per offense to
						any person for information leading to the arrest and conviction of any person
						or persons for any offense involving the theft or misuse of lottery tickets,
						records, or equipment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5000 - General Provisions › Section 5000.8 - Declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On petition
					 of any person, the commission may issue a declaratory ruling with respect to:
(1) the applicability to any person,
					 property, or state of facts of any rule or statute enforceable by the
					 commission; or
(2) whether any
					 action by the commission should be taken pursuant to a rule or
					 regulation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Tickets may be sold only within New York State by
						licensed sales agents. Any person may apply for a license to become a lottery
						sales agent by submitting a completed application form to the commission and
						any supplements thereto as may be required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No license as a
					 sales agent shall be issued to any person in business exclusively as a sales
					 agent. Before issuing such a license, the commission shall consider such
					 factors as:
(1) financial responsibility and
					 security of the business or activity in which such person is engaged;
(2) accessibility of the place of business or
					 activity to the public;
(3)
					 sufficiency of existing licenses to serve the public convenience;
(4) whether the place of business or activity
					 is predominantly frequented by persons under the age of 18 years;
(5) volume of expected sales;
(6) conviction of any offense as defined in
					 the Penal Law;
(7) veracity and
					 completeness of information supplied on the application form or any supplement
					 thereto;
(8) applicant's
					 indebtedness, if any, to State or local government; and
(9) business experience and reputation of the
					 applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.3 - Minors

Current through Register Vol. 46, No. 28, July 10, 2024
No person under legal age shall be licensed as an
						agent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.4 - Residency

Current through Register Vol. 46, No. 28, July 10, 2024
Licenses shall be issued only to persons who are
						residents of this State or whose place of business is located in this
						State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.5 - Issuance of license

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall license as sales agents to sell
						lottery tickets only such persons as in the opinion of the commission will best
						serve public convenience consistent with the purposes of the
						acts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.6 - Duration of license

Current through Register Vol. 46, No. 28, July 10, 2024
A sales agent's license shall remain in force until
						suspended, revoked or terminated by the commission in accordance with the
						provisions of the act or those set forth in this Part. The commission may
						extend the initial or subsequent licensing period at the commission's
						discretion, or may set starting and expiration dates for new or renewed
						licenses. Upon reasonable notice to existing licensees, the director may
						require renewal of licenses, establish probation, or set other conditions upon
						the license. A license fee may be established and required at the discretion of
						the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.7 - Display of license

Current through Register Vol. 46, No. 28, July 10, 2024
Every licensed agent shall prominently display such
						agent's license in an area visible to the general public in each place of
						business where lottery tickets are sold. In addition, the agent shall display
						an authorized lottery agent decal on a prominent front window or door of the
						agent's premises so as to be readily visible to the public. The agent shall
						maintain and display all informational and promotional material in connection
						with ticket sales of each lottery in accordance with instructions issued by the
						commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.8 - Agent identification card

Current through Register Vol. 46, No. 28, July 10, 2024
A wallet-size agent identification card will be issued to
						each licensed agent for presentation to bank tellers and others when picking up
						or returning lottery tickets to authorized banks and depositories. No bank or
						depository shall issue lottery tickets unless the agent, or the agent's
						designee, presents an agent identification card bearing the authorized
						signature of the sales agent or the sale agent's duly authorized
						representative. Loss of the agent identification card must be reported
						immediately by the agent to the commission and to the servicing
						bank.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.9 - Temporary licenses and special licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission may issue a temporary
					 license under such terms and conditions as it may deem necessary and proper to
					 effectuate the provisions of the acts.
(b) The commission may issue a special
					 one-time license upon application approved by a local school district board or
					 the governing board of a non-public school, to sell lottery tickets for one
					 drawing only per calendar year as authorized pursuant to section
					 1605 (c) of the Tax Law. A
					 special license to sell tickets for an instant game or any game other than one
					 for which a weekly drawing is held shall be valid for seven calendar days
					 only.