Section 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 racing and wagering board.
    3. "Games of chance" shall mean and include only the  games  known  as
  "merchandise wheels", "coin boards", "merchandise boards", "seal cards",
  "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, 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 drawing from among  those
  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.
    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 firemen, 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 immediatley 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 which shall otherwise lessen the burdens borne by government
  or which 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 firemen's activities,
  the purchase, erection or maintenance of a  building  for  a  firehouse,
  activities open to the public for the enhancement of membership, and the
  purchase  of  equipment which can reasonably be expected to increase the
  efficiency of response to fires, accidents, 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, 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, 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, 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.