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The administrative powers granted to the governing body of the city under the provisions of article fourteen-H of the general municipal law, in relation to the issuance, amendment and cancellation of licenses, the conduct of investigations and hearings, the supervision of the operation of the games and the collection and transmission of fees, are hereby conferred upon the commissioner pursuant to the provisions of section four hundred ninety-eight of the general municipal law.
It shall be lawful for any authorized organization, upon obtaining a license therefor as hereinafter provided, to conduct the game of bingo within the territorial limits of the city, subject to the provisions of this subchapter, the provisions of article fourteen-H of the general municipal law and the provisions of the bingo licensing law.
The conduct of bingo games authorized by this subchapter shall be subject to the following restrictions:
a. No person, firm, association, corporation or organization other than a licensee under the provisions of this subchapter, shall conduct such game or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.
b. No bingo games 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.
c. No authorized organization licensed under the provisions of this subchapter shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under the bingo licensing law or from another authorized organization.
d. The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
e. No prize shall exceed the sum or value of two hundred fifty dollars in any single game of bingo.
f. No series of prizes on any one bingo occasion shall aggregate more than one thousand dollars.
g. No person except a bona fide member of any such organization shall participate in the management or operation of such game.
h. No person shall receive any remuneration for participating in the management or operation of any game of bingo.
i. The unauthorized conduct of a bingo game and any wilful violation of any provision of this subchapter shall constitute and be punishable as a misdemeanor.
1. To conduct bingo.
a. Each applicant for a license shall file with the commissioner a written application therefor in the form prescribed in the rules and regulations of the control commission, duly executed and verified, in which shall be stated the name and address of the applicant together with sufficient facts relating to its incorporation and organization to enable the commissioner to determine whether or not it is a bona fide authorized organization; the names and addresses of its officers; the place or places where, the date or dates and the time or times when the applicant intends to conduct bingo under the license applied for; in case the applicant intends to lease premises for this purpose from other than an authorized organization, the name and address of the licensed commercial lessor of such premises, and the capacity or potential capacity for public assembly purposes of space in any premises presently owned or occupied by the applicant; the amount of rent to be paid or other consideration to be given directly or indirectly for each occasion for use of the premises of another authorized organization licensed under this subchapter to conduct bingo or for use of the premises of a licensed commercial lessor; all other items of expense intended to be incurred or paid in connection with the holding, operating and conducting of such games of bingo and the names and addresses of the persons to whom, and the purposes for which, they are to be paid; the specific purposes to which the entire net proceeds of such games are to be devoted and in what manner; that no commission, salary, compensation, reward or recompense will be paid to any person for conducting such bingo game or games or for assisting therein except as in this subchapter or article fourteen-H of the general municipal law otherwise provided; and such other information as shall be prescribed by such rules and regulations.
b. In each application there shall be designated an active member or members of the applicant organization under whom the game or games of bingo will be conducted and to the application shall be appended a statement executed by the member or members so designated, that he or she or they will be responsible for the conduct of such bingo games in accordance with the terms of the license and the rules and regulations of the commission and of this subchapter and article fourteen-H of the general municipal law.
c. In each application there shall be designated one special bingo game, to be played on each occasion under such license, which shall be known as the "jackpot game."
2. Commercial lessor.
a. Each applicant for a license to lease premises to a licensed organization for the purposes of conducting bingo therein shall file with the commissioner a written application therefor in a form prescribed in the rules and regulations of the control commission duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; lawful capacity for public assembly purposes; cost of premises and assessed valuation for real estate tax purposes, or annual net leased rent, whichever is applicable; gross rentals received and itemized expenses for the immediately preceding calendar or fiscal year, if any; gross rentals, if any, derived from bingo during the last preceding calendar or fiscal year; computation by which proposed rental schedule was determined; number of occasions on which applicant anticipates receiving rent for bingo during the ensuing year or shorter period if applicable; proposed rent for each such occasion; estimated gross rental income from all other sources during the ensuing year; estimated expenses itemized for the ensuing year and amount of each item allocated to bingo rentals; a statement that the applicant in all respects conforms with the specifications contained in the definition of "authorized commercial lessor" as set forth in article fourteen-H of the general municipal law, and such other information as shall be prescribed by such rules and regulations.
b. In the event an applicant shall apply for a license for a subsequent year, a recapitulation, in a manner prescribed in the rules and regulations of the commission, shall be made as between said applicant and the commissioner in respect of the gross rental actually received during the preceding license period and the fee paid therefor, and any deficiency of fee thereby shown to be due shall be paid by the applicant and any excess of fee thereby shown to have been paid shall be credited to said applicant, in such manner as the commission by rules and regulations shall prescribe.
a. The commissioner shall make an investigation of the qualifications of each applicant and the merits of each application, with due expedition after the filing of the application, and if he or she shall determine that the applicant is duly qualified to be licensed to conduct bingo under this subchapter and article fourteen-H of the general municipal law; that the member or members of the applicant designated in the application to conduct bingo are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime; that such game is to be conducted in accordance with the provisions of this subchapter, article fourteen-H of the general municipal law and in accordance with the rules and regulations of the commission, and that the proceeds thereof are to be disposed of as provided by this subchapter and article fourteen-H of the general municipal law, and if the commissioner is satisfied that no commission, salary, compensation, reward or recompense whatever will be paid or given to any person holding, operating or conducting or assisting in the holding, operation and conduct of any such games except as in this subchapter or article fourteen-H of the general municipal law otherwise provided; and that no prize will be offered and given in excess of the sum or value of two hundred fifty dollars in any single game and that the aggregate of all prizes offered and given in all of such games conducted on a single occasion, under said license shall not exceed the sum or value of one thousand dollars, he or she shall issue a license to the applicant for the conduct of bingo upon payment of a license fee of ten dollars for each bingo occasion; provided, however, that he or she shall refuse to issue a license to an applicant seeking to conduct bingo in premises of a licensed commercial lessor where he or she determines that the premises presently owned or occupied by said applicant are in every respect adequate and suitable for conducting bingo games.
b. Issuance of licenses to commercial lessors. If the commissioner shall determine that the applicant seeking to lease a hall or premises for the conduct of bingo to an authorized organization is duly qualified to be licensed under this subchapter and article fourteen-H of the general municipal law; that the applicant satisfies the requirements for an authorized commercial lessor as defined in article fourteen-H of the general municipal law; that the schedule of proposed rentals provides a fair and reasonable return on the applicant's investment; that the applicant has filed a schedule of proposed rentals in accordance with the rules and regulations of the commission and that the commission has approved such schedule as fair and reasonable and as the maximum rentals the applicant may charge to any authorized organization; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in article fourteen-H of the general municipal law; and that such leasing of a hall or premises for the conduct of bingo is to be in accordance with the provisions of this subchapter, article fourteen-H of the general municipal law and in accordance with the rules and regulations of the commission, he or she shall issue a license permitting the applicant to lease said premises for the conduct of bingo to the authorized organization or organizations specified in the application during the period therein specified or such shorter period as he or she shall determine, but not to exceed one year, upon payment of a license fee of ten dollars plus an amount based upon the aggregate rent specified in the license and determined in accordance with the schedule set forth therefor in article fourteen-H of the general municipal law.
c. On or before the thirtieth day of each month, the commissioner of finance shall transmit to the state comptroller a sum equal to fifty percent of all license fees collected by the city pursuant to this section during the preceding calendar month.
d. No license shall be issued under this subchapter and article fourteen-H of the general municipal law which shall be effective for a period of more than one year.
a. No application for the issuance of a license shall be denied by the commissioner until after a hearing, held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
b. Any license issued under this subchapter and article fourteen-H of the general municipal law may be amended, upon application made to the commissioner who issued it, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable if it had been so included.
a. Each license to conduct bingo shall be in such form as shall be prescribed in the rules and regulations promulgated by the control commission, and shall contain a statement of the name and address of the licensee, of the names and addresses of the member or members of the licensee under whom the games will be conducted, of the place or places where and the date or dates and time or times when such games are to be conducted and of the specific purposes to which the entire net proceeds of such games are to be devoted; if any prize or prizes are to be offered and given in cash, a statement of the amounts of the prizes authorized so to be offered and given; and any other information which may be required by said rules and regulations to be contained therein, and each license issued for the conduct of any game shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof.
b. Each license to lease premises for conducting bingo shall be in such form as shall be prescribed in the rules and regulations of the control commission and shall contain a statement of the name and address of the licensee and the address of the leased premises, the amount of permissible rent and any other information which may be required by said rules and regulations to be contained therein, and each such license shall be conspicuously displayed upon such premises at all times during the conduct of bingo.
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