N.Y. Comp. Codes R. & Regs. tit. 9, § 4600.1 – Definition of terms and general provisions. | Midpage
§ 4600.1
N.Y. Comp. Codes R. & Regs. tit. 9, § 4600.1
Definition of terms and general provisions.
Executive Department
(a) Municipality means any city, town or village within this State.
(b) Commission means New York State Gaming Commission.
(c) Games of chance means and includes only the games known as “merchandise wheels,” “raffles,” “bell jars,” “coin boards,” “merchandise boards,” “seal cards” and such other specific games as may be authorized by the commission, 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” and also not including “slot machines,” “bookmaking,” “policy or numbers games” and “lottery,” as defined in section 225.00 of the Penal Law. Only games of chance designated by the commission may be conducted. No game of chance shall involve wagering of money by one player against another player.
(d) Authorized organization means and includes any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firemen, that 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 Chapter, 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 Chapter for a period of three years immediately prior to applying for a license under this Chapter. No organization shall be deemed an authorized organization that is formed primarily for the purpose of conducting games of chance and that does not devote at least 75 percent of its activities to other than conducting games of chance. No political party nor civic organization shall be deemed an authorized organization.
(e) Lawful purposes means one or more of the following causes, deeds or activities:
(1) Those that 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 well-being, 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.
(2) Those that shall initiate, perform or foster worthy public works or enable or further the erection or maintenance of public structures.
(3) Those that shall initiate, perform or foster the provision of services to veterans by encouraging the gathering of such veterans and enable or further the erection or maintenance of facilities for use by such veterans that shall be used primarily for charitable or patriotic purposes or those purposes that are authorized by a bona fide organization of veterans, provided however that such proceeds are disbursed in accordance with the rules and regulations of the commission.
(4) Those that otherwise lessen the burdens borne by government or that are voluntarily undertaken by an authorized organization to augment or supplement services that government would normally render to the people.
(f) Net proceeds means:
(1) 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 commission, janitorial services and utility supplies if any, license fees, and the cost of bus transportation, if authorized by the clerk or department; and
(2) in relation to the gross rent received by an authorized games of chance lessor for the use of its premises by a games 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.
(g) Net lease means 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 authorized games of chance lessor for which the lessee pays rent to the lessor.
(h) Authorized games of chance lessor means an authorized organization that has been granted a lessor's license pursuant to the provisions of this Chapter or a municipality.
(i) Single prize means the sum of money or actual value of merchandise 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.
(j) Series of prizes means 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 means the sum of 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.
(k) Single type of game means the game of chance known as “merchandise wheels” and each other specific game of chance authorized by the commission, regardless of the number of merchandise wheels and locations at which such other single type of game of chance may be conducted.
(l) Operation means the play of a single type of game of chance necessary to determine the outcome or winners each time wagers are made.
(m) One occasion means the successive operations of any one single type of game of chance that results in the awarding of a series of prizes amounting to $500 or $400 during any one license period, in accordance with the provisions of subdivision 8 of section 189 of the General Municipal Law, as the case may be. For purposes of the game of chance known as “merchandise wheels,” or “raffles,” 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 6 of section 189 of the General Municipal Law shall apply. For purposes of the games of chance known as a bell jar, coin board, merchandise board and seal card, one occasion shall mean the successive operation of any one such bell jar, coin board, merchandise board and seal card, deal that results in the awarding of a series of prizes not to exceed $3,000. For the purposes of the game of chance known as “raffles,” one occasion means a calendar year during which successive operations of such game are conducted.
(n) License period means a period of time, not to exceed 14 consecutive hours, during which authorized games of chance commence and terminate, except that the license period for bell jar and raffles shall commence January 1st and terminate December 31st of such year.
(o) Authorized supplier of games of chance equipment means any person, firm, partnership, corporation or organization licensed by the commission to sell or lease games of chance equipment or paraphernalia that meets the specifications and regulations established by the commission. Nothing in this Chapter 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 that has previously obtained an identification number, shall be sold or leased to any licensed authorized organization without written permission from the commission.
(p) Clerk means the clerk of a municipality outside the City of New York.
(q) Officer means 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 2 of section 194 of the General Municipal Law, the chief law enforcement officer of the county.
(r) Department means the New York City Department of Consumer Affairs.
(s) Premises means a designated area within a building, hall, tent or grounds reasonably identified for the conduct of games of chance. Nothing in this Subchapter shall require such area to be enclosed.
(t) [Reserved]
(u) Bell jars, which include coin boards, merchandise boards and seal cards, mean and include those games in which a participant shall draw a card from a jar or other suitable container or from a commission-approved vending machine, that contains numbers, colors or symbols that are covered and that, 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. Coin board and merchandise board means a board used in conjunction with bell jar tickets bearing the same serial number that contains and displays various coins and/or merchandise prizes that are awarded to players whose bell jar ticket number matches the pre-designated number reflected on the commission for a specific prize. Seal card means a board or placard used in conjunction with a deal of bell jar tickets bearing the same serial number, that contains one or more concealed areas that, once uncovered, reveal a pre-designated winning number, letter or symbol.
(v) Raffles mean and include those games 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.