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No person shall hold, operate or conduct any game of bingo under any license issued under this subchapter and article fourteen-H of the general municipal law except an active member of the authorized organization to which the license is issued, and no person shall assist in the holding, operating or conducting of any game of bingo under such license except such an active member or a member of an organization or association which is an auxiliary to the licensee or a member of an organization or association of which such licensee is an auxiliary or a member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association and except bookkeepers or accountants as hereinafter provided. No game of bingo shall be conducted with any equipment except such as shall be owned absolutely by the authorized organization so licensed or used without payment of any compensation therefor by the licensee. No item of expense shall be incurred or paid in connection with the conducting of any game of bingo pursuant to any license issued under this subchapter and article fourteen-H of the general municipal law, except those that are reasonable and are necessarily expended for bingo supplies and equipment, prizes, stated rental if any, bookkeeping or accounting service according to a schedule of compensation prescribed by the commission, janitorial services and utility supplies if any, and license fees, and the cost of bus transportation, if authorized by the control commission.
a. No amount other than one dollar, or such minimum fee as may be fixed by the board shall be charged by any licensee for admission to any room or place in which any game or games of bingo are to be conducted under any license issued under this subchapter and article fourteen-H of the general municipal law, which admission fee, upon payment thereof, shall entitle the person paying the same to only two opportunities to participate without additional charge in all regular games of bingo to be played under such license on such occasion, and no charge in excess of one dollar, or such minimum fee as may be fixed by the board, shall be made for a single opportunity to participate in all special games to be played under such license on such occasion.
b. Extra regular bingo cards. No less than twenty-five cents shall be charged by any licensee for two opportunities to participate in regular games of bingo to be played under such license on such occasion. If the licensee during any occasion conducts less than three special bingo games, no less than twenty-five cents shall be charged for each opportunity to participate in regular games of bingo to be played under such license on such occasion. All such charges for extra regular bingo cards shall be in addition to the two opportunities purchased as part of the admission provided in subdivision a of this section.
c. Special game cards. No less than twenty-five cents shall be charged by any licensee for a single opportunity to participate in each of more than one special bingo game other than the jackpot game and no less than ten cents shall be charged for a single opportunity to participate in any one specified special bingo game, to be played under such license on such occasion.
d. Jackpot cards. No less than fifty cents shall be charged by any licensee for three opportunities to participate in the jackpot game, and no less than twenty-five cents shall be charged for a single opportunity to participate in the jackpot game to be played under such license on such occasion. A card or cards permitting the player to participate in the jackpot game shall not be used to participate in any other game of bingo to be played under such license on such occasion.
e. Every winner shall be determined and every prize shall be awarded and delivered within the same calendar day as that upon which the game was played. No alcoholic beverage shall be offered or given as a prize in any such game.
No game of bingo to be conducted under any license issued under this subchapter and article fourteen-H of the general municipal law shall be advertised as to its location, the time when it is to be or has been played, or the prizes awarded, or to be awarded, by means of newspapers, radios, television or sound trucks or by means of billboards, posters or handbills or any other means addressed to the general public, except that one sign not exceeding sixty square feet in area may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization, and when an organization is licensed to conduct bingo on premises of another licensed authorized organization or of a licensed commercial lessor, one additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted. Additional signs may be displayed upon any fire fighting equipment belonging to any licensee, which is a volunteer fire company, or upon any first-aid or rescue squad equipment belonging to any licensee, which is a first-aid or rescue squad, in and throughout the community or communities served by such volunteer fire company or such first-aid or rescue squad as the case may be.
a. Within fifteen days after the conclusion of the conducting of any game of bingo, the authorized organization which conducted the same, and its members who were in charge thereof, and when applicable the authorized organization which rented its premises therefor, shall each furnish to the commissioner a duly verified statement showing the amount of the gross receipts derived therefrom and each item of expense incurred, or paid, and each item of expenditure made or to be made, the name and address of each person to whom each such item has been paid, or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from such game or rental, as the case may be, and the use to which such proceeds have been or are to be applied and a list of prizes offered and given, with the respective values thereof, and it shall be the duty of each licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each such statement.
b. Upon the filing of such statement of receipts, the authorized organization furnishing the same shall pay to the commissioner as and for an additional license fee a sum based upon the reported net proceeds, if any, for the occasion covered by such statement and determined in accordance with such schedule as shall be established from time to time by the department to defray the cost of administering the provisions of this subchapter, article fourteen-H of the general municipal law and article nineteen-B of the executive law.
a. The commissioner and the control commission shall have power to examine or cause to be examined the books and records of:
1. Any licensed authorized organization so far as they may relate to bingo including the maintenance, control and disposition of net proceeds derived from bingo or from the use of its premises for bingo, and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any such game under any such license or the use of its premises for bingo, as the case may be;
2. Any licensed authorized commercial lessor so far as they may relate to leasing premises for bingo and to examine said lessor or any manager, officer, director, agent or employee thereof under oath in relation to such leasing.
b. Any information received pursuant to subdivision a shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this subchapter, article fourteen-H of the general municipal law and article nineteen-B of the executive law.
Any applicant for, or holder of, any license issued or to be issued under this subchapter aggrieved by any action of the commissioner to whom such application has been made or by whom such license has been issued, may appeal to the control commission from the determination of such commissioner by filing with the commissioner a written notice of appeal within thirty days after the determination or action appealed from, and upon the hearing of such appeal, the evidence, if any, taken before the commissioner and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue, and the action of the control commission upon said appeal shall be binding upon the commissioner and all parties to such appeal.
No person or corporation: (a) Lawfully conducting, or participating in the conduct of bingo, or (b) Permitting the conduct upon any premises owned or leased by him, her or it under any license lawfully issued pursuant to this subchapter and article fourteen-H of the general municipal law, shall be liable to prosecution or conviction for violation of any provision of article one hundred thirty of the penal law or any other law or ordinance to the extent that such conduct is specifically authorized by this subchapter or article fourteen-H of the general municipal law, but this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of any game of bingo under any license obtained by any false pretense or by any false statement made in any application for license or otherwise, or permitting the conduct upon any premises owned or leased by him, her or it of any game of bingo conducted under any license known to him, her or it to have been obtained by any such false pretense or statement.
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