Section 189. Restrictions upon conduct of games of chance  


Latest version.
  • The conduct of
      games of chance authorized by local law or ordinance shall be subject to
      the following restrictions irrespective of whether the restrictions  are
      contained  in  such  local law or ordinance, but nothing herein shall be
      construed to prevent the inclusion within such local law or ordinance of
      other provisions imposing additional restrictions upon  the  conduct  of
      such games:
        1.  No  person,  firm, partnership, corporation or organization, other
      than a licensee under the provisions of section one  hundred  ninety-one
      of  this  article,  shall  conduct such game or shall lease or otherwise
      make  available  for  conducting  games  of  chance  premises  for   any
      consideration whatsoever, direct or indirect.
        2. No game of chance shall be held, operated or conducted on or within
      any  leased premises if rental under such lease is to be paid, wholly or
      partly, on the basis of a percentage of  the  receipts  or  net  profits
      derived from the operation of such game.
        3.  No  authorized  organization licensed under the provisions of this
      article shall purchase, lease, or  receive  any  supplies  or  equipment
      specifically  designed  or  adapted  for  use in the conduct of games of
      chance from other than a supplier licensed by the board or from  another
      authorized  organization. Lease terms and conditions shall be subject to
      rules and regulations promulgated by the board. The provisions  of  this
      article  shall  not  be  construed  to authorize or permit an authorized
      organization to engage in the  business  of  leasing  games  of  chance,
      supplies, or equipment. Furthermore, no organization shall purchase bell
      jar  tickets,  or  deals  of  bell  jar tickets from any other person or
      organization other than those specifically authorized under sections one
      hundred ninety-five-n and one hundred ninety-five-o of this article.
        4. The entire net proceeds of any game of chance shall be  exclusively
      devoted  to the lawful purposes of the organization permitted to conduct
      the same and the net proceeds of any rental derived therefrom  shall  be
      exclusively  devoted  to  the lawful purposes of the authorized games of
      chance lessor.
        5. No single prize awarded by games of chance other than raffle  shall
      exceed  the  sum  or  value  of  three  hundred dollars, except that for
      merchandise wheels, no single prize shall exceed the sum or value of two
      hundred fifty dollars. No single prize awarded by  raffle  shall  exceed
      the  sum  or  value of fifty thousand dollars, except that an authorized
      organization may award by raffle a single prize having a value of up  to
      and  including  one  hundred  thousand  dollars if its application for a
      license filed pursuant to section one hundred  ninety  of  this  article
      includes  a  statement of its intent to award a prize having such value.
      No single wager shall exceed six dollars and for bell jars, coin boards,
      or merchandise boards, no single prize shall exceed five hundred dollars
      provided, however, that such limitation shall not apply to the amount of
      money or value paid by the participant in  a  raffle  in  return  for  a
      ticket  or  other  receipt.  For coin boards and merchandise boards, the
      value of a prize shall be determined by  its  costs  to  the  authorized
      organization or, if donated, its fair market value.
        6.   No  authorized  organization  shall  award  a  series  of  prizes
      consisting of cash or of merchandise with an aggregate value  in  excess
      of  ten  thousand  dollars  during  the successive operations of any one
      merchandise wheel, and three  thousand  dollars  during  the  successive
      operations  of any bell jar, coin board, or merchandise board. No series
      of prizes awarded by raffle shall have an aggregate value in  excess  of
      one  hundred  thousand  dollars. For coin boards and merchandise boards,
      the value of a prize shall be determined by its cost to  the  authorized
      organization or, if donated, its fair market value.
    
        7.  In  addition to merchandise wheels, raffles and bell jars, no more
      than five other single types of  games  of  chance  shall  be  conducted
      during any one license period.
        8.  Except  for merchandise wheels and raffles, no series of prizes on
      any one occasion shall aggregate more than four hundred dollars when the
      licensed authorized organization conducts five single types of games  of
      chance  during  any  one  license period. Except for merchandise wheels,
      raffles and bell jars, no series of prizes on  any  one  occasion  shall
      aggregate  more  than  five hundred dollars when the licensed authorized
      organization conducts less than five single types of  games  of  chance,
      exclusive  of  merchandise wheels, raffles and bell jars, during any one
      license period. No authorized organization shall award by raffle  prizes
      with an aggregate value in excess of one hundred thousand dollars during
      any one license period.
        9.  Except  for  the limitations on the sum or value for single prizes
      and series of prizes, no limit shall be imposed on the sum or  value  of
      prizes awarded to any one participant during any occasion or any license
      period.
        10.  No  person  except  a bona fide member of the licensed authorized
      organization shall participate in  the  management  of  such  games;  no
      person   except   a   bona   fide  member  of  the  licensed  authorized
      organization,  its   auxiliary   or   affiliated   organization,   shall
      participate  in  the operation of such game, as set forth in section one
      hundred ninety-five-c of this article.
        11. No person shall receive any remuneration for participating in  the
      management or operation of any such game.
        12.  No  authorized  organization  shall  extend credit to a person to
      participate in playing a game of chance.
        13. No game of chance shall be conducted on other than the premises of
      an authorized organization or an  authorized  games  of  chance  lessor.
      Nothing  herein  shall prohibit the sale of raffle tickets to the public
      outside the premises of an  authorized  organization  or  an  authorized
      games  of  chance lessor; or in municipalities which have passed a local
      law, ordinance or resolution in accordance  with  sections  one  hundred
      eighty-seven  and one hundred eighty-eight of this article approving the
      conduct of games of chance that are located in the county in  which  the
      municipality  issuing  the  license is located and in the counties which
      are contiguous to the county  in  which  the  municipality  issuing  the
      raffle license is located, provided those municipalities have authorized
      the  licensee,  in  writing,  to  sell  such  raffle tickets therein and
      provided, however, that no sale of raffle tickets  shall  be  made  more
      than  one  hundred  eighty  days  prior  to  the  date scheduled for the
      occasion at which the raffle will be conducted. The winner of any single
      prize in a raffle shall not be required to be present at the  time  such
      raffle is conducted.
        13-a.  No person licensed to manufacture, distribute, or sell games of
      chance  supplies  or  equipment,  or  their   agents,   shall   conduct,
      participate  in,  or  assist  in the conduct of games of chance. Nothing
      herein shall prohibit a licensed distributor from selling, offering  for
      sale,   or  explaining  a  product  to  an  authorized  organization  or
      installing or servicing games of chance equipment upon the  premises  of
      games of chance licensees.
        14.  The unauthorized conduct of a game of chance shall constitute and
      be punishable as a misdemeanor.
        15. No coins or merchandise from a coin  board  or  merchandise  board
      shall  be  redeemable or convertible into cash directly or indirectly by
      the authorized organization.