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Codes Rules and Regulations of the State of New York
9
Executive (E)
SUBCHAPTER A
General Provisions, Identification and Licensing
PART 5600
DEFINITIONS, DELEGATION OF AUTHORITY AND POWER TO SUPERSEDE OR SUSPEND RULES
§ 5600.1 Definition of terms and general provisions.
(a) Municipality shall mean any city, town or village within this State.
(b) Board shall mean New York State Racing and Wagering Board.
(c) Games of chance shall mean and include 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 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" 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 board may be conducted.
No game of chance shall involve wagering of money by one player against another player.
(d) 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 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 which is formed primarily for the purpose of conducting games of chance and which
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 shall mean one or more of the following causes, deeds or activities:
(1) 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
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 which shall initiate, perform or foster worthy public works or shall
enable or further the erection or maintenance of public structures.
(3) Those which shall initiate, perform or foster the provision 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 in accordance with the rules
and regulations of the board.
(4) 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.
(f) Net proceeds shall mean:
(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 board, 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 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 authorized games of chance lessor for which the lessee pays rent to the lessor.
(h) Authorized games of chance lessor shall mean an authorized organization which has been granted
a lessor's license pursuant to the provisions of this Chapter or a municipality.
(i) Single prize shall mean 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 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 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 shall mean the game of chance known as "merchandise wheels"
and each other specific game of chance authorized by the board, regardless of the number of
merchandise wheels and locations at which such other single type of game of chance may be conducted.
(l) 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.
(m) 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 $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 boards, merchandise boards and
seal cards, one occasion shall mean the successive operation of any one such
bell jar, coin board, merchandise board and seal card, deal which 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 shall mean a
calendar year during which successive operations of such game are conducted.
(n) License period shall mean 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 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 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 which has previously
obtained an identification number, shall be sold or leased to any licensed authorized organization
without written permission from the board.
(p) Clerk shall mean the clerk of a municipality outside the City of New York.
(q) 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 2 of section 194
of the General Municipal Law, the chief law enforcement officer of the county.
(r) Department shall mean the New York City Department of Consumer Affairs.
(s) Premises shall mean 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) Games of chance currency shall mean legal tender or chip authorized by the board, either of
which may be used at the discretion of the games of chance licensee.
(u) Bell jars, which include "coin boards," "merchandise
boards" and "seal cards" shall mean and include those games
in which a participant shall draw a card from a jar or other suitable
container or from a Board-approved vending machine, 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. Coin board and
merchandise board shall mean a board used in conjunction with bell jar
tickets bearing the same serial number, which contains and displays various
coins and / or merchandise prizes which are awarded to players whose bell
jar ticket number matches the pre-designated number reflected on the board
for a specific prize. Seal card shall mean a board or placard used in
conjunction with a deal of bell jar tickets bearing the same serial number,
which contains one or more concealed areas that, once uncovered reveal a
pre-designated winning number, letter or symbol.
(v) Raffles shall 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.
§ 5600.2 Delegation of authority.
(a) Notification to board. Where the governing body of a municipality delegates to an officer or
officers the responsibility and authority granted to it pursuant to the Games of Chance Licensing
Law, the governing body shall give to the board notice of the following on form GC-110, which is
hereby adopted: the name or names of officer or officers and their successor and successors, the
effective date of the appointment or appointments, the duration of the appointment or
appointments, immediate notice if the designation or designations are revoked or modified, the
nature of the responsibility and authority delegated in detail and any subsequent
modification or revocation of such responsibility and authority, and such other information as may
be required by the board.
(b) Time for filing. Notice of such delegation of responsibility and authority, modifications or
revocations thereof, must be filed with the board within three days after the date of such
delegation.
§ 5600.3 Power to supersede or suspend operation of
rules.
The board may, by written order or directive, supersede or suspend the operation
of any of its rules or regulations when in its judgment such action is necessary to insure the public interest,
convenience or necessity or the best interest of the conduct of games of chance.
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PART 5601
REGISTRATION AND IDENTIFICATION NUMBER
§ 5601.1 Application requirements.
(a) Every authorized organization desiring to apply for a license to conduct or desiring to assist in
conducting games of chance shall register with the board and secure an identification number
before making any such application or assisting in the conduct of games of chance. An application
for an identification number shall be made on a form, as prescribed by the board. Any
organization which possesses an identification number but has not been licensed to conduct games
of chance for a period of one year must file with the board a new form prior to making
application for a games of chance license.
(b) This application for registration and identification number must be signed as follows:
if a religious organization, by the priest or pastor, or the president or chairman of the board of
directors of the congregation if a synagogue or temple; if a charitable organization, by the president;
if an organization of veterans, by the commander; if an organization of volunteer firemen, by the president.
The legally responsible principal official of the applicant organization shall sign in his representative
capacity.
(c) Notwithstanding the registration
requirements set forth in this Part, an authorized organization may conduct a
raffle without complying with such registration requirements, provided, that
such organization shall derive net proceeds from raffles in an amount less than
$5,000 during the conduct of one raffle and shall derive net proceeds from
raffles in an amount less than $20,000 during one calendar year. Such
organization must first determine that it is in fact an “authorized
organization” in order to qualify for such an exemption. For the purposes of
this subdivision, “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
firefighters, 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 chapter for a period of three years
immediately prior to being granted the registration requirement exemption.
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-percent of its activities to other than conducting games
of chance. No political party shall be deemed an authorized organization.
§ 5601.2 Validity of identification number.
The identification number shall be valid until suspended, revoked or surrendered.
The board may suspend the identification number of any registered organization which has not been licensed to
conduct games of chance during 12 consecutive months and, should such suspension be imposed, the organization
concerned shall request reinstatement prior to making application for a games of chance license.
§ 5601.3 Form for registration.
After the furnishing of the required information and approval by the board,
registration shall be upon a form prescribed by the board.
§ 5601.4 Registration as evidence of
eligibility.
A municipality shall make its own investigation and determination of an
applicant organization's eligibility for a license to conduct games of chance as required by the Games of Chance
Licensing Law, notwithstanding the issuance of an identification number by the board.
§ 5601.5 Use of identification number.
All applications for licenses, amendment of licenses, reports and any other
papers relating to games of chance shall bear the identification number of the organization.
§ 5601.6 Membership lists.
Every authorized organization must maintain a current membership list which
shall be available for inspection at all reasonable times. The board and the municipal governing body may require any
organization registered with it to file such a membership list indicating thereon the current officers and directors
and file supplementary lists of additions and deletions in order to keep the master list up to date.
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PART 5602
LICENSES TO CONDUCT GAMES OF CHANCE: APPLICATIONS
§ 5602.1 Form for application.
(a) An application for a license to conduct games of chance shall be made on forms
GC-2, GC-2A and GC2B, as prescribed by the Board. Notwithstanding, and in
lieu of the licensing requirements set forth in this Part, an authorized
organization defined in subdivision 4 of section 186 of the General Municipal
Law that has received an identification number from the board, shall file a
verified statement, for which no fee shall be required, with the clerk or
department and the board attesting that such organization shall derive net
proceeds or net profits from raffles in an amount less than $30,000 during one
occasion or part thereof at which raffles are to be conducted. Such statement
shall be on form GCVS-1 Verified Statement for Raffle Ticket Operations as
prescribed by the Board, which shall be deemed a license to conduct raffles. An
organization that has filed a verified statement with the clerk or department
and the board attesting that such organization shall derive net proceeds or net
profits from raffles in an amount less than $30,000 during one occasion or part
thereof that in fact derives net proceeds or net profits exceeding $30,000
during any one occasion or part thereof shall be required to obtain a license as
required by this Part and shall be subject to the reporting requirements of
section 5624.3 of this Title.
(b)
Notwithstanding the licensing requirements set forth in this Part, an authorized
organization that has met the self-determination requirements of section
5601.1(c) of this Title may conduct a raffle without complying with such
licensing requirements, provided that such organization shall derive net
proceeds from raffles in an amount less than $5,000 during the conduct of one
raffle and shall derive net proceeds from raffles in an amount less than $20,000
during one calendar year.
(1)
No person under the age of eighteen shall be permitted to play, operate or
assist in any raffle conducted pursuant to subdivision (b).
(2)
Raffles conducted pursuant to subdivision (b) shall only be conducted within a
municipality in which the authorized organization is domiciled that has passed a
local law, ordinance or resolution in accordance with Sections 187 and 188 of
the General Municipal Law approving the conduct of games of chance that are
located within the county or contiguous to the county in which the organization
is domiciled.
(
§ 5602.2 Premises to be used for conduct of games of chance.
In case the applicant intends to lease premises for the conduct of games of chance
from an authorized games of chance lessor, the application shall set forth the name and address of the authorized
lessor of such premises and the amount of rent to be paid or other consideration to be given directly or indirectly for
each license period for use of the premises.
§ 5602.3 Where application is filed.
A license application shall be filed in triplicate with the clerk of the municipality.
One copy shall be retained by the clerk of the municipality, a copy shall be delivered forthwith to the local law
enforcement agency and one copy shall be forwarded to the board by the clerk of the municipality.
§ 5602.4 Conditions for accepting application.
No application shall be accepted unless it bears the identification
number assigned by the board, is executed and verified and is accompanied by the license fee of $25 for
each scheduled games of chance license period.
§ 5602.5 License register.
The clerk of the municipality shall keep a license register on
form GC-8, which is hereby adopted.
§ 5602.6 Reinstatement of license.
When a license has been suspended or revoked and the suspension
or revocation is set aside and the license reinstated, the original license shall not be reissued.
In such case the applicant shall file a new application and a new license shall be issued.
§ 5602.7 Refund of license fee.
(a) The following shall be the grounds for the payment of a refund on account of a license fee
paid pursuant to the provisions of the Games of Chance Licensing Law:
(1) In the event that an application for a license or an application to amend a license is
not granted, the fee paid with such application shall be returned to the applicant. An application
for such refund may be made within one year of the denial of the application for a license or the
application to amend a license.
(2) In the event that a licensee of a license issued pursuant to the provisions of the Games of
Chance Licensing Law shall voluntarily discontinue the conduct of games of chance for which such license
was issued, the unused portion in excess of $50 of paid license fees shall be refunded. An application
for such refund may be made within one year of the voluntary discontinuance of the conduct
of games of chance for which such license was issued.
(3) In the event that a licensee of a license issued pursuant to the provisions of the Games of
Chance Licensing Law shall relocate to another municipality, the unused portion in excess of $50 of
paid license fees shall be refunded to such licensee. An application for such refund may be made
within one year of the relocation of such licensee to another municipality.
(b) Any refund made pursuant to this section shall be paid from license fees collected pursuant to the provisions
of the Games of Chance Licensing Law or from other moneys lawfully appropriated for such purpose.
(c) This section shall apply to all refunds arising from applications filed or license fees
issued on and after September 30, 1984.
§ 5602.8 Cancelled license periods.
If a games of chance license period is cancelled by the licensee
due to an unforeseen occurrence or extreme weather condition, the municipality which issued the license
may, in its discretion, and if notified on the next business day following the scheduled license period,
permit said licensee to reschedule the cancelled license period within a reasonable time without payment
of an additional fee. The rescheduled date shall be endorsed on the license and the clerk of the
municipality shall immediately notify the board thereof.
§ 5602.9 Members listed on application for license.
No person shall be permitted to manage or operate games of
change unless such person is a bona fide member of the licensee, auxiliary or affiliate of the licensee
and is listed by name and address on the application for a license that is approved by the municipality.
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PART 5603
LICENSES TO CONDUCT GAMES OF CHANCE: ISSUANCE
§ 5603.1 Approval by municipality.
Upon investigation by the municipal governing body and approval of a
license application or an amendment of a license, the duly authorized officer of the municipality shall
record the findings and determination in duplicate form GC-4, "Findings and Determination for
Games of Chance License," which is hereby adopted by the board.
§ 5603.2 Period within which to make findings and
determination.
At least seven days shall elapse between the time the original
application is filed and the time when the municipal governing body makes its findings and determination.
§ 5603.3 Issuance by clerk.
A copy of the findings and determination of the municipal
governing body shall be sent to the clerk of the municipality, who shall issue the license
if the application is approved. If the application is not approved, the clerk of the municipality
shall give due notice to the applicant, in writing, of a hearing to be held
upon the qualifications of the applicant and the merits of the application. A copy of such notice
shall be furnished the board.
§ 5603.4 Time when copies must be received by board.
One copy of the findings and determination for games of chance
license, together with a copy of the application, must be received by the board at least five
days prior to the holding of the first game authorized.
§ 5603.5 License form.
The clerk of the municipality shall issue a license on form
GC-5, which is hereby adopted by the board.
§ 5603.6 Distribution of copies by clerk.
The clerk of the municipality shall prepare the license
in quadruplicate, issue the original to the licensee, retain a copy, forward a copy to the
local law enforcement agency and forward a copy to the board at least
five days prior to the holding of the first game authorized.
§ 5603.7 Frequency and time of license periods.
No authorized organization shall be licensed to conduct games of chance
more than 12 times in any calendar year. No particular premises shall be used for the conduct of games of chance on
more than 24 license periods during any one calendar year. Games shall be conducted only between the hours of noon and
midnight on Monday, Tuesday, Wednesday and Thursday, and only between the hours of noon on Friday and 2 a.m. Saturday,
and only between the hours of noon on Saturday and 2 a.m. Sunday. The 2 a.m. closing period shall also apply to a license
period beginning at noon on the day preceding and terminating upon a legal holiday. The restrictions set forth in this
section shall not apply when the games of bell jar and raffles are conducted. License periods for the
games "bell jar," "coin board," "merchandise board," "seal card"
and "raffle" shall commence on January 1st and extend through December 31st of each year.
§ 5603.8 Sunday, conduct of games on.
Except as provided in the Games of Chance Licensing Law, no games of chance
shall be commenced under any license issued under this Chapter on the first day of the week, commonly known and
designated as Sunday, unless it shall be otherwise provided in the license issued for the conducting thereof,
pursuant to the provisions of a local law or an ordinance duly adopted by the governing body of the municipality
wherein the license is issued, authorizing the conduct of games of chance under this Chapter on that day
between the hours of noon and midnight only, except if the following day is a legal holiday. Notwithstanding
the foregoing provisions of this section, no games of chance shall be conducted on Easter
Sunday, Christmas Day or New Year's Eve.
§ 5603.9 Effective date of license.
No license for the conduct of any game of chance shall
be effective for a period of more than one year from the date of original issuance. No license,
after its issuance, shall be amended so as to render it valid
beyond a period of one year from the date of its original issuance.
§ 5603.10 Joint licenses.
No joint license for the conduct of any game of chance shall be issued.
§ 5603.11 Jurisdiction of license.
The municipal governing body shall, prior to the issuance of any
license, make a finding that the applicant organization is domiciled within the territorial limits
of the municipality and shall not issue a license to an organization domiciled beyond such territorial limits.
§ 5603.12 Limit on licenses issued.
When a parent organization has more than one affiliate or
auxiliary, no license shall be issued to more than three such organizations during the same
12 months including the parent group to conduct games of chance, it being the
purpose of this section to limit to three the number of licenses issued to any one parent organization and
its affiliates and auxiliaries during any 12-month period.
§ 5603.13 Display of license.
A licensed authorized organization must prominently display its
license or any amendment thereof on the premises where games of chance are conducted.
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PART 5604
GAMES OF CHANCE LICENSE: AMENDMENT
§ 5604.1 Application to amend.
An application to amend a license shall be made to the municipal
governing body on form GC-6 "Application to Amend Games of Chance License", which is
hereby adopted by the board.
§ 5604.2 When amendment is allowed.
An amendment of a license may be made if the subject matter of the
amendment could properly and lawfully have been included in the original license, and if any fee is due,
it shall be paid upon the filing of the application to amend.
§ 5604.3 How application is processed.
The application to amend a license, together with appropriate schedules,
shall be filed in triplicate and processed in the same manner as provided in this Chapter for original applications.
§ 5604.4 Procedure when application is approved.
When the municipal governing body approves of an amendment to a
license, it may amend the original license by attaching thereto a duly authenticated rider bearing
the seal of the municipality, if available, or on the official letterhead of such licensing authority.
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PART 5605
USE OF NET PROCEEDS, REPORTS, TRANSPORTATION
§ 5605.1 Use of net proceeds.
The entire net proceeds of all games of chance must be devoted to one
or more of the lawful purposes as defined in the Games of Chance Licensing Law and this Chapter.
Licenses of organizations failing to comply with this section may be denied, suspended or revoked.
§ 5605.2 Report of net profits.
The license of any organization, licensed to conduct games of chance,
which does not report net profits during any one-year period or as otherwise required may be denied,
suspended or revoked.
§ 5605.3 Transportation of patrons.
No licensee shall provide, by contract or otherwise, for
transportation of patrons to or from the place where any game of chance is conducted, unless
prior written authorization is obtained from the clerk or department. The
application for this authorization must be in writing and must establish, to the satisfaction of the clerk or
department, that the licensee has good cause for such request. Any authorization granted by the clerk or department
may be suspended or revoked by the clerk or department if it determines that there is no further need
for this transportation, or that the licensee has violated any of the provisions of the Games of Chance
Licensing Law or this Chapter, or that, in the opinion of the clerk or department, the transportation of patrons
to and from games of chance events should no longer be authorized. A copy of the authorization for bus transportation,
when issued, must be filed with the board by the clerk or department. Where bus transportation has been suspended
or revoked, a copy of the suspension or revocation and the findings relating to such suspension or revocation, when
issued, shall be filed with the board by the clerk or department.
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PART 5606
AUTHORIZED GAMES OF CHANCE LESSOR: APPLICATION AND LICENSING
§ 5606.1 Form for application.
Application for a license as an authorized games of chance lessor shall be made
on form GC-101, as prescribed by the Board. The original application with
supporting material as set forth in this Part shall be filed with the licensing
authority of the municipality where the premises are located, and one copy with
supporting material with the board.
§ 5606.2 Games of chance rental statement.
Each application shall be accompanied by a games
of chance rental statement on form GC-102, which is hereby adopted.
§ 5606.3 Requisites for license.
No license as an authorized games of chance lessor shall be granted:
(a) if any person whose signature or name appears in the application is
not in all respects the real party in interest, or if the person so
signing or named in the application is an undisclosed agent or trustee for any such real
party in interest;
(b) unless the licensing authority of the municipality where the premises are located shall
determine, after thorough investigation, that the applicant satisfies the requirements for an
authorized games of chance lessor as defined in sections 186 and 191 of the Games of Chance
Licensing Law; and
(c) unless the licensing authority of the municipality where the premises are located has
approved a schedule of fair and reasonable rentals for the premises concerned.
§ 5606.4 Issuance by clerk.
When the licensing authority of the municipality
where the premises are located has determined that the applicant possesses the requisite
qualifications to receive a license, the licensing authority shall issue a license to an
applicant as an authorized games of chance lessor upon payment by the applicant of a license fee of
$50 for each scheduled games of chance license period.
§ 5606.5 Disapproval procedure.
If the application is not approved, the licensing
authority where the premises are located shall give due notice to the applicant, in writing, of
a hearing to be held upon the qualifications of the applicant and the merits of the application.
§ 5606.6 Notification of board.
The licensing authority of the municipality where
the premises are located shall notify the board of its final determination respecting each
license application received.
§ 5606.7 Grounds for revocation or suspension.
Any license issued to an authorized games of
chance lessor, pursuant to the Games of Chance Licensing Law, may be revoked or suspended for
such period of time as the licensing authority or the board deems to be in the public interest for
any of the following acts or omissions on the part of the lessor, its agents or employees, or
any person required by the Games of Chance Licensing Law or this Chapter to sign or be
identified in an original application for a license:
(a) any cause which would have permitted or required disqualification of the lessor from
receiving a license upon original application;
(b) fraud, deceit or misrepresentation in securing the license or in the conduct of the
lessor's activities or in connection with any application submitted to, or any inquiry, hearing
or proceeding conducted by, the licensing authority or the board;
(c) failure by the lessor to maintain a complete set of books and records containing a true and
accurate account of the lessor's receipts and disbursements arising out of its activities as an
authorized games of chance lessor;
(d) failure to keep said books and records available during business hours for inspection by
the licensing authority or by the board and their duly designated representatives; or
(e) violation of any provisions of the Games of Chance Licensing Law, this Chapter, or any lease
executed pursuant to this Chapter.
§ 5606.8 Time during which license is effective.
A license as an authorized games of chance lessor
shall be valid for a period not exceeding one year or until revoked or suspended by the
licensing authority or by the board.
§ 5606.9 Limitation upon applicant for games of chance
lessor license.
No applicant for a license as an authorized games
of chance lessor shall rent, or allow the use of, the premises for which a license is sought for
the conduct of games of chance unless it be duly licensed. This section shall not apply to an
applicant for the annual renewal of a games of chance lessor's license.
§ 5606.10 License form.
Licenses for authorized games of chance lessors
shall be issued on form GC-109, which is hereby adopted.
§ 5606.11 Interest in another games of chance premises
prohibited.
No organization shall be eligible to receive or
be issued a license as a games of chance lessor if such organization shall have any interest,
direct or indirect, in other premises for which an authorized games of chance lessor's license
has been issued.
§ 5606.12 Limitation on premises that may be made available
for rent.
An authorized games of chance lessor must
establish that the premises to be licensed for rental belong absolutely to the lessor and, where
the lessor has conducted licensed games of chance, the premises to be leased are the same in
which the lessor has conducted games of chance during the license year. No authorized games of
chance lessor shall be licensed to lease any or all premises for more than 12 license periods
during a calendar year. Where an authorized organization leases premises on a full-time basis
for purposes encompassing all of the customary and lawful activities of such organization,
including but not limited to the conduct of games of chance, it shall be eligible for a games of
chance lessor's license to lease said premises. Owners, net lessors, holding companies or parent
groups which lease or make premises available to one or more authorized organizations on a
full-time basis for purposes encompassing all of the customary and lawful activities of such
organizations, including but not limited to the conduct of games of chance, are not required to
be licensed as games of chance lessors.
§ 5606.13 Limitation on licenses issued.
When a parent organization has one or more
affiliates or auxiliaries, no more than one games of chance lessor's license shall be issued either
to the parent, affiliate or auxiliary--it being the purpose of this section to limit to one the
number of lessor's licenses issued to any one parent authorized organization and its affiliates
and auxiliaries.
§ 5606.14 Identification number required.
Every authorized organization desiring to apply for a license as a games of
chance lessor shall have previously filed an application for an identification
number on form 1A Application for Registration and Identification Number, as
prescribed by the Board, and secured an identification number from the board.
The provisions of this section do not require an authorized organization, which
has received an identification number to conduct games of chance from the board,
to obtain another identification number to become an authorized games of chance
lessor.
§ 5606.15 Display of license.
A licensed authorized games of chance lessor must
prominently display its license or any amendment thereof on the premises where games of chance are
conducted.
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PART 5607
GAMES OF CHANCE SUPPLIER: APPLICATION AND LICENSING
§ 5607.1 License required.
No person, firm, partnership, organization,
association, joint venture, corporation or other business entity shall sell or distribute games of
chance supplies, devices or equipment to any authorized organization licensed to conduct games
of chance, or a licensed authorized games of chance lessor, without having first obtained a
license therefor as provided in the Games of Chance Licensing Law and this Chapter.
§ 5607.2 Form for application.
Application for a license as a games of chance
supplier shall be made on form GC-106, which is hereby adopted. The application with supporting
material as set forth in this Part shall be filed in duplicate with the board.
§ 5607.3 Individual and business entity
statement.
Where the applicant is an individual, the
application shall be accompanied by an individual statement on form GC-103; where the applicant is
a firm, partnership, organization, association, joint venture or any business entity other than a
corporation, it shall be accompanied by a business entity statement on form GC-104. Each
person named in form GC-104 shall file an individual statement on form GC-103. For
corporations, see section 5607.4 of this Part.
§ 5607.4 Corporation statement.
If the applicant is a corporation, the
application shall be accompanied by a corporation statement on form GC-105. Each officer and
stockholder shall file an individual statement on form GC-103.
§ 5607.5 List of employees, agents or
representatives.
The application shall be accompanied by a
statement on form GC-108, which is hereby adopted, containing a list of all employees,
agents or representatives of the applicant.
§ 5607.6 Requisites for license.
No license as a games of chance supplier shall be granted:
(a) if any person whose signature or name appears on the application is not in all respects the
real party in interest, or if the person so signing or named in the application is an
undisclosed agent or trustee for any such real party in interest; and
(b) unless the board shall determine that the applicant satisfies the requirements for a games
of chance supplier as set forth in the Games of Chance Licensing Law and this Chapter.
§ 5607.7 Hearings.
The board may hold hearings or inquiries at which
the applicant, and its employees and, if the applicant is a corporation, its officers,
directors and stockholders, may be required to appear and testify under oath respecting the
contents of the application.
§ 5607.8 Issuance by
Board.
(a) When the board has determined that the applicant possesses the requisite qualifications
to receive a license, it shall issue a license as a games of chance supplier upon payment by the
applicant of a license fee.
(b) The fee for such license shall be a sum equal to $25 plus an amount equal to two per centum of
the gross sales or rentals, if any, of games of chance equipment or supplies to licensed
authorized games of chance organizations and licensed authorized games of chance lessors by
the applicant during the license year, or fiscal year, whichever is specified by the board.
§ 5607.9 When fees shall be payable.
The licensing fee shall be payable to the board
upon application for license. For the year 1977 the fees shall be payable quarterly on the 15th
day of the month following the close of a calendar quarter and shall be based on the actual
gross sales during that quarter.
§ 5607.10 Ineligibility for a license.
The following shall be ineligible for a games of
chance supplier's license:
(a) a person convicted of a crime who has not received a pardon, a certificate of good conduct
or a certificate of relief from disabilities, all to be in conformity with chapter 877, Laws of 1976;
(b) a person who is or has been a professional gambler or gambling promoter or who for other
reasons is not of good moral character;
(c) a public officer or employee;
(d) an authorized games of chance lessor licensed under the Games of Chance Licensing Law; and
(e) a firm, partnership, organization, association, joint venture or corporation in
which a person defined in subdivision (a), (b), (c) or (d) of this section has greater than a
10-percent proprietary, equitable or credit interest, or in which such a person is active or
employed.
§ 5607.11 Disapproval procedure.
If the application is not approved, the board
shall give due notice in writing to the applicant, who may, within 10 days of receipt
thereof, request a hearing to be held upon the qualifications of the applicant and the merits of
the application. At the hearing the burden of proof shall be on the applicant to establish
eligibility for a license.
§ 5607.12 Grounds for revocation or
suspension.
Any license as a games of chance supplier issued
pursuant to the Games of Chance Licensing Law may be revoked or suspended for such period as the
board deems in the public interest for any of the following acts or omissions on the part of the
licensee, its agents or employees, or any person required by the Games of Chance Licensing Law or
this Chapter to sign or be identified in an original application for a license:
(a) any cause which would have permitted or required disqualification of the licensee from
receiving a license upon an original application;
(b) fraud, deceit or misrepresentation in securing the license or in the conduct of the
licensee's activities or in connection with any application submitted to, or any inquiry, hearing
or proceeding conducted by, the board;
(c) failure by the licensee to maintain a complete set of books and records containing a
true and accurate account of the licensee's receipts and disbursements arising out of his or
its activities as a licensed games of chance supplier;
(d) failure to keep said books and records available during business hours for inspection by
the board and its duly designated representatives; or
(e) violation of any provision of the Games of Chance Licensing Law or this Chapter.
§ 5607.13 Persons prohibited from participating in the
conduct of games of chance.
No person who is directly or indirectly connected
with the manufacture, sale or distribution of games of chance equipment or supplies, or his
agents, servants or employees, shall conduct, participate, advise or assist in the conduct of
games of chance, or render any service to anyone conducting, participating or assisting in the
conduct of games of chance, or prepare any form pertaining to games of chance.
This shall not be construed so as to prohibit a licensed manufacturer or supplier from selling,
offering for sale, or explaining a product to a licensed authorized organization or installing or
servicing games of chance equipment upon the premises of a licensed authorized organization.
§ 5607.14 Games of chance supplier to notify board of all
changes in structure.
An applicant for a license as a games of chance
supplier shall, during the pendency of the application, notify the board immediately of any
change respecting any facts set forth in the application. If any such change occurs after the
issuance of the license applied for, the change must be reported to the board within 10 days of
the date of the change. Furthermore, every licensed games of chance supplier shall notify
the board of any change in its organization, structure, mode of operation, or of any change in
the identity of persons named or required to be named in the application, or of the nature or
extent of their interest, or of any other change respecting any facts set forth in the
application, within 10 days of the date of such change. Failure to give the notice provided by
this section shall constitute sufficient cause for denial of a pending license or suspension or
revocation of a license which has been granted.
§ 5607.15 Maintenance of books and records.
All licensed games of chance, manufacturers and
suppliers shall maintain their books and records in such manner as to enable the board to
determine the gross sales and rentals of games of chance equipment, devices and supplies to
licensed suppliers and authorized organizations duly licensed to conduct games of chance in the
State of New York.
§ 5607.16 Sales to other than licensed organizations or
lessors prohibited.
No licensed games of chance supplier, its duly
authorized agents, salesmen or representatives, shall, during the term of such license, sell or
distribute games of chance supplies, devices or equipment in the State of New York to other than
an organization licensed to conduct games of chance or licensed authorized games of chance lessors.
§ 5607.18 Examination of records.
The board shall have power to examine the books
and records of any applicant for a license, or any licensee under this Part.
§ 5607.19 Time during which license is
effective.
A license as a games of chance supplier shall be
valid for a period not exceeding one year, or until revoked or suspended by the board.
§ 5607.20 License form.
A license as a games of chance supplier shall be
issued on form GC-107, which is hereby adopted.
§ 5607.21 Recapitulation of fees.
At the end of the license period, a
recapitulation shall be made as between the supplier licensee and the board with respect to
the gross sales recorded during the license period and the license fee previously paid. Any
deficiency of fee thereby established to be due shall be paid by the licensee and, should said
licensee apply for a license for a subsequent year, and in that event only, shall any excess of
fee be credited to said applicant.
§ 5607.22 Identification of games of chance devices and
equipment.
No licensed supplier shall sell or lease any type
of games of chance devices and equipment unless there has been permanently and prominently marked
thereon the name and license number of the supplier.
§ 5607.23 Specifications of games of chance equipment and
supplies.
All equipment and supplies designed for,
manufactured, sold or leased for use in the conduct of games of chance shall be restricted to
those games authorized by the board and in accordance with the specifications and rules for
such games promulgated by the board.
§ 5607.24 Maintenance to be licensed
activity.
No person, firm, partnership, corporation, joint
venture, association or organization shall engage in the business of repairing or maintaining games
of chance equipment or paraphernalia without having first obtained a games of chance
supplier's license therefor from the board.
§ 5607.25 No separate fee to be charged
by supplier.
No licensed supplier, his duly authorized agent,
salesman or representative, shall charge a separate fee for the demonstration of games of
chance equipment or paraphernalia.
§ 5607.26 Supplier's gifts or
donations prohibited.
No licensed supplier, his duly authorized agent,
salesman or representative, shall furnish any equipment, devices or supplies without a charge
to a licensed organization; nor shall any agreement, oral or written, be made to give or
allow the use of any property or thing of value to a licensed organization in consideration of
its purchase, lease or use of the licensed supplier's equipment, devices or supplies.
§ 5607.27 Leasing of games of chance equipment from any
unlicensed person prohibited.
No licensed games of chance supplier, its duly
authorized agents, salesmen or representatives, shall rent or lease games of chance supplies,
devices or equipment from any person, firm, partnership, association, joint venture,
corporation, or organization unless such person, firm, partnership, association, joint venture,
corporation or organization is a licensed games of chance supplier.
§ 5607.29 Temporary permit.
The board may issue a temporary permit to an
applicant pending final action on the application. Any such temporary permit shall be
valid until withdrawn by the board.
Back To Top
PART 5608
MANUFACTURING AND DISTRIBUTION OF BELL JAR TICKETS
§ 5608.1 Purchase of bell jar tickets.
(a) No licensed authorized organization shall purchase bell jar tickets,
coin boards, merchandise boards, seal cards or deals of bell jar
tickets from any other person, organization or entity other than a games of chance supplier
licensed by the board.
(b) No licensed authorized organization shall sell, donate or otherwise transfer bell jar
tickets, coin boards, merchandise boards or seal cards except as otherwise permitted by board
rules and regulations.
(c) No bell jar ticket, coin board, merchandise board or seal card shall be sold or offered
for sale in New York State unless such ticket has been approved by the board.
§ 5608.2 Manufacturers of bell jar tickets: reports and
records.
(a) Manufacturers of bell jar tickets, coin boards, merchandise boards and seal cards who offer
for sale or resale such tickets, coin boards, merchandise boards and seal cards or bell jar
dispensing machines into New York State shall be licensed by the board. Manufacturers of bell jar
tickets, coin boards, merchandise boards and seal cards shall be considered suppliers of such
and may only sell such tickets, coin boards, merchandise boards and seal cards to
distributors licensed by the board as suppliers.
(b) For business conducted in New York State, any licensed manufacturer who sells bell jar
tickets to other than a distributor licensed by the Board as a supplier shall:
(1) upon such first offense, have their license suspended for a period of 30 days;
(2) upon such second offense, participate at a hearing to be conducted by the board and
surrender their license for such period as recommended by the board; and
(3) upon such third or subsequent offense, have their license suspended for a period of
one year and shall be guilty of a class E felony. Any unlicensed manufacturer who violates
this Title shall be guilty of a class E felony.
(c) Bar Codes:
(1) The manufacturer of bell jar tickets shall affix to the flare of each bell jar game,
and to each coin board, merchandise board and seal card a bar code in a format
approved by the board.
(2) The manufacturer shall also affix to the outside of the container or wrapping
containing a deal of bell jar tickets, or beneath such wrapping if such wrapping is
clear, a bar code providing the same information as the bar code affixed to the flare.
(3) No person may alter the bar code that appears on the flare,
on a coin board, on a merchandise board, on a seal card or on the outside of
the container or wrapping or beneath clear wrapping containing a deal of bell
jar tickets. Possession of a deal of bell jar tickets that has a bar code different
from the serial number of the deal inside the container or wrapping as evidenced on
the flare is prima facie evidence that the possessor has altered the bar code on
the container or wrapping.
(d) Bell jar flares.
(1) A manufacturer shall not ship nor cause to be shipped into this State any deal of
bell jar tickets that does not have its own individual flare as required by this Part.
(2) No person, other than a licensed manufacturer, shall manufacture, alter,
modify, or otherwise change a flare for a deal of bell jar tickets except as
authorized by section 5620.19 of this Title.
(3) The flare for each deal of bell jar tickets sold by a licensed manufacturer
in this State shall be placed inside the wrapping of the deal which the flare describes.
(4) The bar code affixed to the flare of each bell jar game shall bear the serial
number of such game as prescribed in section 5608.3 of this Part. Each number within the
serial number shall be printed in digits and/or characters not less than one-half inch high.
(5) The flare of each bell jar game shall have affixed a bar code that provides:
§ 5608.3 Standards for construction of
bell jar tickets.
All bell jar tickets sold in the State of New
York must comply with the following standards:
(a) All bell jar tickets offered for sale or resale in New York must have a board approved
logo or manufacturer's name printed thereon.
(b) All bell jar tickets manufactured for sale or resale in New York after January 1, 1999 shall
utilize a winner verification code on tickets redeemable for prizes with a value of $50
or more. Each manufacturer shall establish its own winner verification code for
each bell jar ticket game or series of games. The winner verification code shall be a method of
verifying winning bell jar tickets, after they have been purchased and opened, from non-winning,
altered or forged bell jar tickets. Manufacturers may use special numbers, colors, designs, ink or
any combination thereof to establish the winner verification code. Manufacturers shall submit to
the board a letter explaining the winner verification code and shall keep the board
informed, by written notice, of any changes. Winner verification codes shall not be required
for banded single-sided single-tabbed, double-sided single-tabbed and folded bell jar tickets.
(c) Bell jar tickets shall be constructed so that it is impossible to determine the covered or
concealed number, color, symbol, set of symbols, or game protection code on the bell jar ticket by
any method or device, including but not limited to, use of a marking, variance in size, variance
in paper color and fiber, or 500 watt high intensity light until the bell jar ticket has
been dispensed to and opened by the player.
(d) All bell jar tickets, except banded bell jar tickets, shall be constructed using paper stock
of at least two ply.
(e) The manufacturer shall conspicuously print on each bell jar ticket, excluding banded,
single-sided single-tabbed and double-sided single-tabbed bell jar tickets, at least the
following information:
(1) the game serial number;
(2) the name of the manufacturer and/or the board approved logo;
(3) the name of the game which must be identical to the name of the game
appearing on the flare for the deal;
(4) the manufacturer's form number;
(5) price per individual bell jar ticket; and
(6) the number of winners in each tier and respective winning numbers or symbols
and prize amounts. On banded, single-sided single-tabbed and
double-sided single-tabbed bell jar tickets, the game serial number, the name
of the manufacturer and/or board approved logo shall be printed so both are readily
visible prior to opening the bell jar ticket.
(f) No serial number used on a deal of bell jar tickets may be
repeated on that same manufacturer's form number within a three year period. Each tabbed bell jar
ticket shall contain perforated and/or clean-cut openings over the numbers, colors or symbols on
one side of each bell jar ticket in such a manner as to allow easy opening by the consumer after
purchase of the bell jar ticket, while not permitting bell jar tickets to be opened
prematurely in normal handling. Perforation should exist on both the horizontal lines of the
opening with either perforate or clean-cut on the vertical or elliptical line where the ticket must
be grasped for opening after bending the edge of the ticket. The numbers, colors or symbols must
be fully visible in the window and must be placed so that no part of the numbers, colors or symbols
remain covered when a tab is removed. Placement of the numbers, colors or symbols to the left or
right of center is allowed for increased game security. On banded bell jar tickets, the paper
stock of the band shall be color coded when individual serial numbers are repeated.
§ 5608.4 Submission of bell jar tickets for board
approval.
(a) Licensed manufacturers of bell jar tickets, which
shall include coin boards, merchandise boards, and seal cards, shall submit to
the board for approval any new, revised or modified bell jar ticket(s) which the
licensed manufacturer intends to offer for sale or resale in New York State. The
terms, "new", "revised" or "modified" shall
include the exclusive printing of the supplier-distributor name, logo or other
symbol(s) on the tickets. The licensed manufacturer requesting review and
approval of bell jar ticket(s) pursuant to this section shall provide the board
with the following:
(1) a sample, artist's rendering or color photocopy of the bell jar ticket(s)
accompanied by a statement indicating the new, revised or modified feature(s) of
the bell jar ticket. A sample of the original bell jar ticket shall also be
submitted for comparison with the submission of revised or modified bell jar
tickets;
(2) a sample, artist's rendering or color photocopy of the payout card for
the bell jar ticket(s); and
(3) a sample, artist's rendering or color photocopy of the flare for the bell
jar ticket(s).
(b) Within 30 days of receipt of such sample, artist’s rendering or color
photocopy, the board shall approve or deny such submission. Following approval
of a rendering of a bell jar ticket, seal card, merchandise board, or coin board
by the board, the manufacturer shall submit to the board a sample of the printed
bell jar ticket, seal card, merchandise board, coin board, payout card, and
flare for such game. Such sample shall be submitted prior to the sale of the
game to any licensed distributor for resale in this state. For coin boards and
merchandise boards, nothing herein shall require the submittal of actual coins
or merchandise as part of the approval process. Any licensed manufacturer who
willfully violates the provision of this Title shall:
(1) upon such first offense, have their license suspended for a period of 30
days;
(2) upon such second offense, participate at a hearing to be conducted by the
board and surrender their license for such period as recommended by the board;
and
(3) upon such third or subsequent offense, have their license suspended for a
period of one year and shall be guilty of a class E felony.
(c) No bell jar ticket(s), coin board(s), merchandise board(s) or seal card(s)
submitted to the board for approval shall be sold until such licensed
manufacturer has received written approval from the board that such bell jar
ticket(s), coin board(s), merchandise board(s) or seal card(s) satisfies all
board requirements.
§ 5608.5 Licensed games of chance suppliers
of bell jar tickets, supplies and equipment.
(a) Any person or entity licensed as a games of chance supplier pursuant to the
Games of Chance Licensing Law and the board rules and regulations shall purchase
bell jar tickets, supplies and equipment to be sold in New York State only from
manufacturers licensed by the board.
(b) Licensed suppliers of bell jar tickets, supplies and equipment shall sell
such tickets, supplies or equipment only to licensed authorized organizations or
federally recognized Indian tribes or nations.
(c) Licensed suppliers who willfully violate the provisions of this section
shall:
- upon such first offense, have their license suspended for a period
of thirty days;
- upon such second offense, participate at a hearing to be conducted
by the board and surrender their license for such period as
recommended by the board; and
- upon such third or subsequent offense, have their license suspended
for a period of one year and shall be guilty of a class E felony. Any
unlicensed supplier who violates this Title shall be guilty of a class
E felony.
§ 5608.6 Business records; retention.
(a) A licensed games of chance supplier of bell jar tickets, supplies and equipment shall keep at
each place of business complete and accurate records for that place of business, including
itemized invoices of bell jar tickets, supplies and equipment held and purchased. The records
must contain the following information:
(1) The name, address, board identification number and
license number of all purchasers;
(2) The name and address of the federally recognized Indian tribe or nation; and
(3) All other pertinent papers and documents relating to the purchase, sale,
or disposition of bell jar tickets, supplies and equipment including shipping
records as may be required by the board.
(b) All licensed manufacturers and licensed games of chance
suppliers of bell jar tickets, supplies and equipment shall maintain their books, records,
itemized invoices, and other papers and documents required by board rules for a period of not less
than four years, unless the board authorizes in writing their destruction or disposal at an
earlier date. Violation of this section shall constitute a misdemeanor.
§ 5608.7 Invoices; licensed manufacturers and/or licensed
suppliers of bell jar tickets, supplies and equipment.
(a) A manufacturer who ships bell jar tickets into this State or sells
bell jar tickets for resale in this State shall forward to the board
quarterly on or before the twentieth day of the month succeeding the quarter
in which the sale was made, an invoice of such shipped bell jar tickets
covering each sale to a licensed supplier or a federally recognized Indian
tribe or nation. A quarter shall be based on the calendar year.
(b) A licensed games of chance supplier who possesses bell jar tickets in
this State for sale shall forward to the board quarterly on or before the
twentieth day of the month succeeding the quarter in which the sale was
made, an invoice reflecting each sale to a licensed authorized organization
or a federally recognized Indian tribe or nation. A quarter shall be based
on the calendar year.
(c) The invoice filed by the licensed manufacturer or licensed supplier
of bell jar tickets shall contain the following information:
(1) Name, address and board license number of the manufacturer;
(2) Name, address and board license number of the games of chance
supplier or federally recognized Indian tribe or nation;
(3) Total number of bell jar ticket deals;
(4) For each game sold:
(i) deal serial number;
(ii) game form number;
(iii) price per ticket in deal;
(iv) number of tabs per ticket;
(v) total ticket count of each deal;
(vi) ideal gross profit;
(vii) ideal net profit; and
(viii) unit price and total sale price.
(5) Date of sale;
(6) Date of shipment;
(7) Identity of carrier;
(8) Licensed suppliers, except licensed manufacturers, shall also
provide the following information:
(i) The account number identifying the sale from the licensed
manufacturer to the licensed supplier and the account number
identifying the sale from the licensed supplier to the authorized
organization; and
(ii) The name(s) of the bona fide member(s) who ordered the product.
(d) A licensed manufacturer or licensed supplier who sells bell jar
supplies or equipment for resale in this State or ships bell jar supplies or
equipment into this State shall forward quarterly on or before the twentieth
day of the month succeeding the quarter in which the sale was made,
an invoice of such bell jar supplies or equipment covering each sale to a
licensed supplier, licensed authorized organization or federally recognized
Indian tribe or nation. A quarter shall be based on the calendar year.
(1) The invoice for bell jar ticket vending machines shall contain the following
information:
(i) serial number;
(ii) model number;
(iii) model trade name;
(iv) date of sale;
(v) date of shipment;
(vi) identity of carrier;
(vii) unit price and total sale price;
(viii) name of bona fide member ordering the machine; and
(ix) license number of purchasing organization, licensed games of chance
supplier or name of the federally recognized Indian nation or tribe.
(2) The invoice for all other bell jar supplies and materials shall
contain the following information:
(i) item purchased;
(ii) unit price and total price;
(iii) license number of purchasing organization, licensed games of chance
supplier or name of the federally recognized Indian nation or tribe;
(iv) date of sale;
(v) date shipped;
(vi) identity of carrier; and
(vii) name of bona fide member ordering the bell jar equipment or supplies.
(e) Upon permission from the board, a manufacturer or supplier may
submit its invoice via magnetic media or electronic data transfer.
§ 5608.8 Bell jar ticket inventory control; defective bell
jar ticket deals.
(a) Each licensed games of chance supplier and licensed authorized organization shall monitor
bell jar ticket deals to assure that the game serial numbers of deals are correctly entered in
all records.
(1) At the time a deal of bell jar tickets is received by either a licensed games of
chance supplier or a licensed authorized organization, the recipient must
ascertain that all information contained on the sender's invoice corresponds with
the product received. Should the invoice not correspond with the product received
respecting the game serial number, form number and game flare, the invoice shall
be deemed defective.
(i) The recipient of the deal shall provide written notification to the
sender of the deal and the board of the defective invoice within
30 days of discovery of such defect.
(ii) The sender of the deal, after receiving notification of such defective invoice shall
provide the board with written notification of action taken to correct the invoice.
(iii) Should the recipient of the deal with the defective invoice fail to notify
the board within 30 days of receipt of the deal, the deal shall be deemed
defective and shall be returned to the sender.
(2) The party returning a defective deal(s) shall notify the board by
sending a written verification of such return, accompanied by a copy of the invoice of the
returned deal(s). The party receiving returned defective deal(s) shall immediately notify
the board by sending a written verification of receipt of the returned defective deal(s),
accompanied by a copy of the invoice(s) of the returned deal(s).
(3) When a defective deal(s) of bell jar tickets is returned to a licensed games of chance
supplier, such deal(s) shall be returned to the licensed manufacturer. The licensed
manufacturer of the bell jar ticket deal(s) shall immediately furnish the board written
verification of receipt of such defective deal(s) and provide verification of the disposition
of such deal.
(4) No defective deal(s) of bell jar tickets shall be resold in New York State after such defect
has been cured, except with express written permission of the board.
(b) Should a deal(s) of bell jar tickets be damaged while in transit to or in the possession of a licensed
games of chance supplier or licensed authorized organization, the deal(s) shall be returned to
the respective manufacturer or supplier.
(1) When a damaged deal(s) is returned, the party returning such deal shall notify the
board by sending a written verification of such return, accompanied by a copy of
the invoice of the returned deal(s).
(2) The party receiving a damaged deal(s) shall notify the board by sending a
written verification of such return, accompanied by a copy of the invoice of
the returned deal(s). The party receiving returned damaged deal(s) shall
immediately notify the board by sending a written verification of receipt of the
returned damaged deal(s), accompanied by a copy of the invoice(s) of the returned deal(s).
(3) When a damaged deal(s) of bell jar tickets is returned to a licensed games
of chance supplier, such deal(s) shall be returned to the licensed manufacturer.
The licensed manufacturer of the bell jar ticket deal(s) shall immediately furnish
the board written verification of receipt of such damaged deal(s) and provide
verification of the disposition of such deal.
§ 5608.9 Inspection.
(a) The board may inspect the premises, books, records and inventory of licensed games of chance
suppliers of bell jar tickets or licensed manufacturers of bell jar tickets without notice
during normal business hours.
(b) Certified physical inventory. The board may, upon request, require a licensed games of chance
supplier to furnish a certified physical inventory of all bell jar tickets, bell jar
ticket vending machines and bell jar ticket supplies in stock. The inventory shall contain
all information requested by the board.
§ 5608.10 Possession or sale of bell jar tickets in which
winning tickets or location of winning tickets may be determined in advance prohibited.
No licensed authorized organization, licensed games of chance
supplier or licensed manufacturer of bell jar tickets, or representative thereof, with knowledge or
in circumstances wherein he or she reasonably should know, shall possess, display, place in play,
sell or otherwise furnish to any person any bell jar tickets from any deals:
(a) in which the winning bell jar tickets have not been randomly mixed among all other bell jar
tickets contained in the deal; or
(b) in which the location, or approximate location, of any of the winning tickets may be
determined in advance of opening of the ticket; or
(c) which do not conform in any other respect to the requirements of these rules as to
manufacture, assembly, or packaging of bell jar tickets.
§ 5608.11 Possession of duplicate numbered, color coded
bell jar tickets prohibited.
(a) Each licensed manufacturer of bell jar tickets shall assign a serial number to each deal
of bell jar tickets manufactured and place that serial number on each ticket in that deal. No
serial number used on a deal of bell jar tickets shall be repeated on that same manufacturer's
form number within a three year period. When a licensed manufacturer assigns a color to that
game ticket deal each bell jar ticket in that deal shall also reflect that color.
(b) No representative of a licensed authorized organization shall purchase or possess, or shall
allow upon the licensed premises, a deal of bell jar tickets, or portion thereof, with the same
game serial number or game form number as any other deal of bell jar tickets or portions
thereof in his or her possession. This rule shall not prevent a person from retaining upon the
premises bell jar tickets remaining from deals removed from play for the purposes of complying
with State law or regulation if:
(1) the remaining bell jar tickets have a hole punched through each;
(2) are accompanied by a written record of the deal, color code and the number of
bell jar tickets remaining in that deal; and
(3) the written record of the removed bell jar tickets are maintained upon the
licensed premises for a period of not less than one year after the deal is
removed from play.
§ 5608.12 Additional licensing fee.
(a) All authorized organizations licensed to sell bell jar tickets shall, upon filing financial
statements of bell jar ticket operations, tender to the board a sum in the amount of five percent
of the net proceeds from the sale of each deal of bell jar tickets for that portion of license
period covered by such statement.
(b) For the purposes of this section, net proceeds shall mean the difference between
the ideal handle from the sale of a deal of bell jar tickets, which shall mean the total face
value of all tickets in a deal less the amount of money actually paid out in total prizes
for that deal and the purchase price to the licensee of each bell jar deal, coin board, merchandise
board or seal card. Additionally, a credit shall be permitted against the net proceeds fee in the amount of
unsold tickets of the bell jar deal so long as the unsold tickets have the same game serial
number as the tickets for which the fee is rendered. Unsold tickets shall be kept on file by
the selling licensed authorized organization for inspection by the board for a period of one year
following the date upon which the relevant financial statement was received by the board.
(c) One-half of one percent of the net proceeds fee received from the licensed authorized
volunteer fire companies shall be paid to the New York State emergency services revolving loan
account as established pursuant to section 97-pp of the State Finance Law.
§ 5608.13 Flare defined.
A flare shall mean a poster describing the bell jar ticket
game which shall include a declaration of the number of winning tickets and amount of total payout in the bell
jar ticket deal, the number of tickets per payout amount in the deal, the licensed manufacturer's
game form number, and the game serial number of the deal which shall be identical to the game
serial number imprinted on each ticket contained in such deal.
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PART 5609
MANUFACTURE AND DISTRIBUTION OF BELL JAR TICKET VENDING MACHINES
§ 5609.1 Manufacture and distribution of bell jar ticket
vending machines.
The following provisions govern the manufacture
and distribution of bell jar ticket vending machines:
(a) Manufacturers of bell jar ticket vending machines shall be considered suppliers of such
equipment and may sell such equipment to distributors licensed by the board, licensed
authorized organizations and federally recognized Indian nations or tribes.
(b) No distributor licensed by the board as a supplier shall sell, lease, or distribute any
bell jar ticket vending machine to other than a licensed authorized organization or federally
recognized Indian nation or tribe.
(c) No licensed authorized organization shall purchase, lease, or otherwise obtain a bell jar
ticket vending machine from any person or entity other than a board licensed games of chance
supplier.
(d) No bell jar ticket vending machine shall be used by any licensed authorized organization
unless and until the organization is first in possession of a document from the manufacturer
warranting that said machine meets or exceeds board specifications regarding bell jar ticket
vending machines. A certified copy of such warrant shall be filed, along with GC-01-BJ,
which is hereby adopted, with the board prior to the machine's use.
(e) Each bell jar ticket vending machine shall meet the following specifications:
(1) For bell jar ticket vending machines utilizing an electronic paper currency validator OR
coin operated electrical bell jar ticket vending machines:
r>
(i) If the bell jar ticket vending machine is designed to
accommodate two or more different games of bell jar tickets, each
compartment of the bell jar ticket vending machine must
independently meet the specifications of this subdivision.
(ii) Electrical and mechanical components and design principles may not
subject a person to any physical hazard or cause electrical interference.
Each bell jar vending machine must be approved by the Underwriters
Laboratories (UL) or any other independent testing laboratory approved by the board.
(iii) A bell jar ticket vending machine must have one or more columns or
containers for stacking or holding bell jar tickets.
(iv) The bell jar ticket vending machine must have a bell jar dispensing
outlet or tray to hold or catch a dispensed bell jar ticket.
(v) The bell jar ticket vending machine, except coin operated electrical
bell jar ticket vending machines, may have an electronic currency
validator. The electronic currency validator must meet the following standards:
(a) validate paper currency of United States in values of at
least one dollar, five dollar and ten dollar bills;
(b) have an anti-pull back mechanism and other anti-cheat devices that
prevent cheating of the bill acceptor by mechanical or other means;
(c) be able to prevent all known manipulations of United States currency;
(d) return invalid currency to a player;
(e) have a currency collection and stacker box; and
(f) if a malfunction occurs, automatically discontinue accepting or
validating currency.
(vi) The bell jar ticket vending machine, except coin-operated electrical
bell jar ticket vending machines, must be capable of accommodating pricing
of 25 cents, 50 cents, one dollar and two dollar per bell jar ticket and dispense
the correct number of bell jar tickets on the amount of credit played.
(vii) The coin operated electrical bell jar ticket vending machine
must be capable of accommodating pricing of twenty five cent bell jar
tickets and dispense the correct number of bell jar tickets per currency played.
(viii) An exterior door must have at least one keyed lock specific to
the bell jar ticket vending machine. The internal space shall not
be accessible from outside the bell jar ticket vending machine
when the exterior door is closed and locked.
(ix) A bell jar ticket vending machine may have an optional "all" play
button that, when pressed, activates the vending machine to dispense bell jar tickets
at one time, equal to the value of the unplayed credits from the columns
of bell jar tickets.
(x) The bell jar ticket vending machine must have the capacity, when
activated through the use of a key, to enable the authorized member in
charge or their designated assistant in charge to set the price
per bell jar ticket. The price per ticket set for each column must
correspond with the price printed on the bell jar ticket contained in said column.
(xi) The bell jar ticket vending machine must contain at least one
non-resettable electronic or non-resettable mechanical accounting
meter independent of any other meters. The meter must maintain accounting
information of at least 6-digits in length and be capable of maintaining
the accounting information for 30 days after electrical power to a
device is disconnected or the electrical current used to operate a device
is switched off. The meter must record the cumulative value of currency validated.
(xii) The bell jar ticket vending machine shall have at least one
resettable electronic or mechanical accounting meter independent of any
other meters. The meter must maintain accounting information of at least
4-digits in length and be capable of maintaining the accounting
information for 30 days after electrical power to a
device is disconnected or the electrical current used to operate a device
is switched off. The meter shall record the total number of bell jar
tickets dispensed.
(xiii) Instructions for player operation must be displayed on the front of
the vending machine. The instructions must be permanently affixed or
placed under glass or other transparent material. No stickers or
other removable objects may be placed on the front of the bell jar
ticket vending machine. The bell jar ticket vending machine must have
space available on the front of the machine for one permanently affixed
sign reading "PLAYERS MUST BE 18 YEARS OR OLDER TO PLAY" and a second
permanently affixed sign, where applicable, reading "MACHINE DOES NOT
GIVE CHANGE". Lettering on such signs shall be in a minimum of 36 point.
(xiv) There must be one or more player buttons located on the front of
the bell jar ticket vending machine which, when pressed, activate
the dispensing of a bell jar ticket. However, excluding an "all" play
button, the number of play buttons may not exceed the number of stacking columns.
(xv) A bell jar ticket vending machine must have a meter display screen of
at least 6-digits in length. The value of currency validated must
be listed on the meter display screen as a monetary credit value
which is drawn down as a bell jar ticket vending machine dispenses a bell jar ticket.
(xvi) A bell jar ticket vending machine must record every dispensing
of a bell jar ticket and every currency validation, excluding a
test dispensement of a bell jar ticket and a test validation of
currency, on the accounting meters as required under this section.
(xvii) If a bell jar ticket vending machine malfunction occurs or
electrical power is interrupted, the value of credits previously listed
on the meter display screen must be correctly relisted immediately
after the malfunction is cleared or electrical power is restored.
(xviii) A permanently affixed identification plate or label must be
displayed at the top of an exterior side panel of a bell jar ticket vending
machine which contains the bell jar ticket vending machine's:
(a) manufacturer's name;
(b) machine serial number;
(c) model number; and
(d) date of manufacture.
(xix) A bell jar ticket vending machine must automatically discontinue
operation when any non-resettable meter is disconnected or disabled.
The authorized organization, licensed manufacturer or licensed
games of chance supplier shall obtain approval from the board for the
resetting of the meters prior to repair.
(2) For coin-operated mechanical nonelectrical bell jar ticket vending machines:
(i) The bell jar ticket vending machine must be designed to dispense only bell jar
tickets one and seven eighths (1 7/8) inches x one (1) inch plus or minus
one eighth (1/8) inch.
(ii) The bell jar ticket vending machine may be operated without meters
or a display screen.
(iii) The bell jar ticket vending machine must be capable of accepting
United States coinage only in denominations of 25 cents and
dispense only one ticket per play.
(iv) The bell jar ticket vending machine must not require the utilization
of electrical current to dispense tickets or perform any other function(s).
(v) A bell jar ticket vending machine must have one or more columns or
containers for stacking or holding bell jar tickets.
(vi) The bell jar ticket vending machine must have a bell jar dispensing
outlet to hold or catch a dispensed bell jar ticket.
(vii) An exterior door must have at least one keyed lock specific to
the bell jar ticket vending machine. The internal space may not be
accessible from outside the bell jar ticket vending machine when the
exterior door is closed and locked.
(3) Prohibitions:
(i) Bell jar ticket vending machines shall not be capable of
displaying advertising messages or graphics on the meter display.
(ii) Bell jar ticket vending machines shall not dispense credits in
the form of cash or bell jar tickets to redeem a winning bell jar ticket.
(iii) Bell jar ticket vending machines shall not have a video display
screen, other than the meter display for listing the value of currency
validated and the accounting information required pursuant to this
Title, and digital meter for displaying the door access information
required pursuant to this Title.
(iv) Bell jar vending machines shall not produce audio sounds
other than sounds associated with security alarms.
(v) The appearance or design of bell jar vending machines shall
not resemble a slot machine or other gambling device.
(vi) The coin operated bell jar ticket vending machine shall not be
capable of accepting any paper currency nor shall be fitted to accept
anything other than legal coinage of the United States as currency for
the dispensing of bell jar tickets.
(vii) A bell jar ticket vending machine may not have an auxiliary remote
control unit for posting credits onto the vending machine or for removing
credits from the bell jar ticket vending machine.
(viii) A bell jar ticket vending machine may not be equipped, nor have the
capacity to be equipped, with any device, electronic or otherwise,
that can determine if a ticket is redeemable for a prize. All bell jar
tickets dispensed from a bell jar ticket vending machine shall only be of
the type requiring to be manually opened to determine if a winner of
any prize.
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PART 5610
BELL JAR TICKET VENDING MACHINES IN POSSESSION OF LICENSED
AUTHORIZED ORGANIZATIONS
§ Section 5610.1 Bell jar ticket vending machines in
possession of licensed authorized organizations as of the date this section shall take effect.
Bell jar ticket vending machines in possession of
a licensed authorized organization as of the effective date of these rules but not prior to
August 2, 1995, the effective date of L.1995, c.386, may be registered with the board as a
qualified bell jar ticket vending machine provided such machine was obtained from a board
licensed manufacturer or board licensed supplier and provided that the manufacturer of the bell
jar ticket vending machine has been licensed by the board as a games of chance supplier. Bell jar
ticket vending machines satisfying this paragraph may be registered subject to the following provisions:
(a) Form GC-01BJ, which is hereby adopted, must be completed and submitted to the board 90
days after the adoption of this rule for each bell jar ticket vending machine requested to be
registered by an authorized licensed organization.
(b) Each application for registration shall be accompanied by: an invoice, bill of sale or other
similar receipt which indicates the purchase price, date of sale and seller; current
photographs of each bell jar ticket vending machine; and a description of the machine's
components depicting that such machine would reasonably meet board standards and
specifications. In the absence of an invoice, bill of sale or similar receipt, an affidavit of
the member-in-charge attesting to such information may be submitted.
(c) Bell jar ticket vending machines in possession of a licensed authorized organization
which fail to comport with the requirements of this section must be removed from the premises of
each authorized organization within one year from the date this section shall take effect.
§ 5610.2 Coin-operated mechanical nonelectrical dispensing
devices in possession of licensed authorized organizations as of the date this section shall
take effect.
(a) Coin-operated mechanical nonelectrical dispensing device manufactured prior to August 2,
1995 which was designed specifically to hold and dispense United States postage stamps, which
device is operated through the insertion of United States currency followed by the selection
of the postage denomination and the manual manipulation of a lever or other apparatus
resulting in the dispensement of the selected postage; shall be permissible for use as a bell
jar ticket dispensing device so long as the coin-operated mechanical nonelectrical dispensing
device(s) was in possession of the licensed authorized organization as of the effective date
of these rules. Such machine may be registered with the Board provided the provisions of section
5610.1(a) and (b) of this Part are satisfied.
(b) A coin-operated mechanical nonelectrical dispensing device that was designed specifically
as a postage stamp machine, obtained after August 2, 1995 by licensed games of chance suppliers or
licensed authorized organizations may be registered with the Board, provided the device
was obtained from a Board licensed manufacturer or supplier and that the provisions of section
5610.1 of this Part are satisfied.
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PART 5611
COIN BOARD, MERCHANDISE BOARD AND SEAL CARD
§ 5611.1 Coin boards.
(a) "Coin board" is defined as a board used with bell jar
tickets which contain various coins of United States legal tender. A player
having a bell jar ticket with a number matching a pre-designated number
reflected on a coin board for a prize or, if the number matches the
pre-designated winning number for a specific coin or consolation prize, the
player wins that coin or consolation prize and any cash prize value reflected on
the coin board under the coin. No coin board shall be taken out of play unless
at least 75 percent of total prizes have been awarded. Only United States legal
tender may be awarded as prizes. The maximum amount of a single prize permitted
(the fair market value of the coin and the amount of the cash prize awarded with
it, if any) is $500, and the total series of prizes shall not exceed $3,000.
(b) Merchandise board. Merchandise board is defined as a board used with bell
jar tickets which contain various merchandise prizes. A player having a bell jar
ticket with a number matching a pre-designated number reflected on a merchandise
board for a prize or, if the number matches the pre-designated winning number
for a specific prize or consolation prize, the player wins that prize or
consolation prize. No merchandise board shall be taken out of play unless at
least 75 percent of total prizes have been awarded. The maximum amount of a
single prize permitted (the fair market value of the prize) is $500, and the
total series of prizes shall not exceed $3,000.
(c) Seal card. Seal card is defined as a board used with bell jar tickets
which contain various cash or merchandise prizes. A player having a bell jar
ticket with a number matching a pre-designated number, color or symbol reflected
on a seal card signs his or her name on a line on that seal card corresponding
with the number color or symbol appearing on the bell jar ticket and, upon
removing the corresponding seal wins the prize specified under that seal. No
seal card shall be taken out of play unless at least 75 percent of total prizes
have been awarded. The maximum amount of a single prize permitted (the aggregate
of the cash prize and the fair market value of any merchandise prize) is $500,
and the total series of prizes shall not exceed $3,000.
§ 5611.2 Operation of coin boards
merchandise boards and seal cards.
(a) No coin board, merchandise board or seal card shall be put into play unless
it shall have imprinted thereon the board-approved logo of the manufacturer, the game
serial number, the game ticket form number, the face value of each coin or cash prize,
the fair market value of any merchandise prize and the game name.
(b) In the game coin board, only United States legal tender shall be awarded
as prizes; no commemorative coins, merchandise or free plays shall be
awarded.
(c) All aggregate values of cash, coin and merchandise prizes for each
series of coin boards, merchandise boards and seal cards shall not exceed
$3,000.
(d) All tickets accompanying coin boards, merchandise boards and seal
cars must meet the specifications and requirements of bell jar tickets as
enumerated in this Part.
(e) No coin board, merchandise board or seal card shall be sold by a
licensed manufacturer until such licensed manufacturer has received written
approval from the Board that such coin board, merchandise board or seal card
satisfies all Board requirements.
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SUBCHAPTER B
Authorized Games of Chance, Games of Chance Currency, Conduct of Games and Supplies and Equipment
PART 5620
AUTHORIZED GAMES OF CHANCE
§ Section 5620.1 Types of games.
Only the following games of chance may be conducted:
(a) "Craps;"
(b) "Roulette;"
(c) "Black Jack;"
(d) "Big Six;"
(e) "Money Wheel;"
(f) "Chuck-A-Luck;"
(g) "Hazard;"
(h) "Under and Over Seven;"
(i) "Beat the Dealer;"
(j) "Merchandise Wheels;"
(k) "Big Nine;"
(l) "Color Wheel;"
(m) "Bang;"
(n) "Joker Seven;"
(o) "Horse Race Wheel;"
(p) "Best Poker Hand;"
(q) "Bell Jar;"
(r) "Fruit wheel;"
(s) "Card wheel;"
(t) "Raffles;" and
(u) any other game of chance which has been approved in writing by the board.
§ 5620.2 Limit on types of games.
No more than five single types of games of chance approved by the board,
excluding merchandise wheels, raffles, bell jars, coin boards, merchandise boards and seal cards
shall be conducted during any one license period. No game of chance shall be conducted during a
license period unless such game has been listed on the application for license to conduct games
of chance (form GC-2) and license to conduct games of chance (form GC-5), or on an application
to amend a license (form GC-6).
§ 5620.3 Craps (Dice).
(a) Equipment.
(1) A table with an upright rail running around the table's outside edges, forming
a rectangular enclosure. The rail serves as a backboard, and also helps to prevent
the rolling dice from falling off the table.
(2) Two dice. The dealer has at least five dice in front of him, from which the
shooter selects two dice to roll.
(b) Players.
(1) Any number can play, provided there is room at the table.
(2) The player throwing the dice is the shooter.
(c) The play.
(1) The dice are thrown and the two numbers, added together, that face upward when
the dice come to rest are the deciding numbers.
(2) The shooter's first roll is a come-out.
(3) If, on the come-out, the shooter throws a natural (7 or 11), it is a winning
decision called a pass. If on the come-out the shooter throws a crap (2, 3 or 12),
it is a losing decision called a miss-out. If he throws a 4, 5, 6, 8, 9, 10, that
number becomes the shooter's point and he continues throwing until either:
(i) he throws his point again, which is a winning decision or pass; or
(ii) he throws a 7, which is a losing decision or a miss-out.
(4) When the shooter misses out on the point, the dice pass to the next player
on his left, and it becomes his turn to shoot.
(5) The shooter may, if he likes, pass the dice to the next player on completion of
a decision without waiting to miss out on the point.
(6) Any player may, if he likes, refuse to shoot in his turn, and pass the dice to the next player.
(7) When more than one pair of dice are employed, players may call for a change of
dice at any time; the change takes place immediately after the next decision.
(d) Betting.
(1) All bets must be made before the dice are thrown.
(2) Right bet: a wager that the dice will pass (win) either by making a
natural on the come-out or by throwing a point number on the come-out and then
repeating it before throwing a 7. Players making right bets are right bettors.
(3) Wrong bet: a wager that the dice will not pass (lose). Players making wrong
bets are wrong bettors.
(e) Placing bets on layout.
(1) Pass line. You're betting with the dice, and the payoff is even money.
You win on a "natural" 7 or 11 on the first roll, lose on "craps" 2, 3 or 12
on the first roll. Any other number on the first roll is the shooter's point. You
win if the "point" is thrown again, unless a 7 is thrown first, in which case you
lose. The maximum bet shall be $5 or its equivalent in chips.
(2) Don't Pass line. Same as above, except that you're betting against the
dice and everything is reversed. You lose on a "natural" 7 or 11 on the first
roll, you win on a "craps" 2 or 12. When ace-deuce (1-2) is rolled, it's a
standoff (push) and nobody wins. You win if the shooter rolls 7 before making
his "point". The maximum bet shall be $5 or its equivalent in chips.
(3) The odds.
(i) Taking the odds. Once a shooter's point has been established, players
with pass line bets may take odds in amounts equal to their original wagers
that the shooter will make his point before a losing roll of 7:
| Shooter's point |
Maximum bet |
To win |
Payoff odds |
| 4 or 10 |
$5.00 |
$10.00 |
2-1 |
| 5 or 9 |
6.00 |
9.00 |
3-2 |
| 6 or 8 |
5.00 |
6.00 |
6-5 |
(ii) Laying the odds. Once a shooter's point has been established, players
with don't pass bets may lay the odds against the shooter and win if a 7 is
rolled before the shooter's point:
| Shooter's point |
Maximum lay odds |
To win |
Payoff odds |
| 4 or 10 |
$6.00 |
$3.00 |
1-2 |
| 5 or 9 |
6.00 |
4.00 |
2-3 |
| 6 or 8 |
6.00 |
5.00 |
5-6 |
(4) Place bets. Players may place bets on the numbers 4, 5, 6, 8, 9, or 10
(except on an established point number) before any roll of the dice. Each place
bet wins when its corresponding number is rolled before a losing roll of 7. Place
bets may be called off by the bettor prior to any roll:
| Place number |
Maximum bet |
To win |
Payoff odds |
| 4 or 10 |
$5.00 |
$9.00 |
9-5 |
| 5 or 9 |
5.00 |
7.00 |
7-5 |
| 6 or 8 |
6.00 |
7.00 |
7-6 |
(5) Come bets and don't come bets.
(i) On layouts with approximate betting spaces, players may make additional
wagers after a shooter's point has been established. For come bets and don't
come bets only, the next roll of the dice will be considered the first (come-out)
roll: Come bets win on a roll of 7 or 11 and lost on a roll of 2, 3, or 12.
If any other number is rolled by the shooter, this bet is removed from the
Come box by the dealer and moved into the numbered box corresponding with the
shooter's previous roll, where it will remain until it wins when this designated
point is rolled again or loses on a roll of 7. Come bets may not be removed by
the player once they have been moved into a point box. The maximum wager
shall be $5 or its equivalent in chips and the payoff is at even money (1-1).
(ii) Don't come bets win on a roll of 2 or 12, push on a 3 and lose on a 7 or 11.
If any other number is rolled by the shooter, the bet is removed from the
don't come box by the dealer and moved into a designated space behind the
numbered box corresponding with the shooter's previous roll, where it will
remain until it wins on a roll of 7 or loses if the designated point is rolled
again. Don't come bets may not be removed once they have been moved behind a
numbered box. The maximum wager is $5 or its equivalent in chips and the
payoff is at even money (1-1).
(iii) Taking the odds on come bets. Once a player's come bet has been moved
into a point box by the dealer, the player may wager an amount equal to his
original come bet that this point will roll before a losing roll of 7:
| Come point |
Maximum odds |
To win |
Payoff odds |
| 4 or 10 |
$5.00 |
$10.00 |
2-1 |
| 5 or 9 |
6.00 |
9.00 |
3-2 |
| 6 or 8 |
5.00 |
6.00 |
6-5 |
The odd bet taken on the come bet may be removed prior to any roll,
but the original come bet, may not.
(iv) Laying the odds on don't come bets. Once a player's don't come bet
has been moved behind a point box by the dealer the player may lay the
odds that a 7 will roll before the designated don't come number:
| Don't come point |
Maximum lay bet |
To win |
Payoff odds |
| 4 or 10 |
$6.00 |
$3.00 |
1-2 |
| 5 or 9 |
6.00 |
4.00 |
2-3 |
| 6 or 8 |
6.00 |
5.00 |
5-6 |
The lay odds bet on the don't come bet may be removed prior to any roll,
but the original don't come bet, may not.
(6) Field. You can bet on any one roll that one of the following numbers comes
up: 2, 3, 4, 9, 10, 11 or 12. If it does, you get even money (1-1).
If 5,6,7 or 8 comes up, you lose. If the layout so indicates, the 2 and 12
pay 2-1 odds. The maximum bet shall be $5 or its equivalent in chips.
(7) Big 6 or 8. You win even money (1-1) if 6 or 8 shows before a 7 is rolled.
The maximum bet shall be $5 or its equivalent in chips.
(8) Any 7. You bet that the next roll is a 7, and you collect 5 for 1.
The maximum bet shall be $5 or its equivalent in chips.
(9) Any craps. You bet that the next roll is 2, 3 or 12, and you collect
8 for 1. The maximum bet shall be $5 or its equivalent in chips.
(10) Hard ways. You win if the exact combination you bet shows up. On 3-3
or 4-4 you receive 10 for 1; on 2-2 or 5-5 you get 8 for 1. You lose if the same
total number is rolled any other way except the hard way or if a 7 comes up.
The maximum bet shall be $5 or its equivalent in chips.
(11) Other one-roll bets. You win if the exact combination shows up on one roll:
| Ace-ace (1-1) |
Payoff 30 for 1 |
| 6-6 |
Payoff 30 for 1 |
| Ace-2 |
Payoff 15 for 1 |
| 6-5 |
Payoff 15 for 1 |
The maximum bet shall be $5 or its equivalent in chips.
§ 5620.4 Roulette.
(a) Equipment.
(1) A standard table has a betting layout, a roulette wheel and roulette balls.
(2) Wagers. All wagers at the roulette games shall be made with cash, scrip,
chips or wheel checks. The color of the wheel check indicates the player, not a value.
(3) Roulette wheels.
(i) The wheel has 36 numbers and the symbols 0 and 00. The table's area consists
of the betting section and a large bowl-shaped recess called the bowl. This contains
the wheel which is called the wheel head. The interior of the bowl has a back track
which contains a groove running around the bowl's circumference. It is in this groove
that the dealer spins the roulette ball. When the speed of the ball diminishes, it
falls onto the bottom track of the bowl. The revolving wheel head and the bottom
track are marked off by black lines into eight equal sections. In the center of each
section on the bottom track there is a small obstacle. These obstacles are placed
alternately, vertically and horizontally and the rolling ball, as it strikes them,
is given a random and unpredictable motion. The bowl's bottom underneath the
wheel is open, and below it there is a flat base from the center of which rises a spindle.
(ii) The wheel head itself, the only moving part, consists of a disk or plate,
slightly convex in shape. Around its rim are partitions known as separators or
frets, and the compartments or pockets between these are called canoes. These
pockets are painted alternately red and black, except for two pockets which are
green. Each of the red and black compartments bears a number from 1 to 36.
The green pockets carry the symbols 0 and 00.
(b) Roulette personnel and their duties.
(1) A roulette table with a single layout is usually worked by two persons.
The person who spins the wheel and deals the game is called the dealer. His assistant
is called a croupier.
(2) Dealer. The dealer is in charge of the conduct of the game. His main duties
are: spinning the wheel, throwing the roulette ball, announcing winners, collecting
losing bets, paying off winning bets.
(3) Croupier. The croupier separates and stacks the losing wagers that have been
collected or swept from the layout by the dealer. He helps the dealer pay off winning bets.
(c) The play.
(1) The players begin making their bets by placing wagers on the spaces of the layout.
The dealer starts the wheel spinning in a counterclockwise direction, then flips the
ball onto the bowl's back track so that it travels clockwise. Players may continue
placing bets while wheel and ball are in motion until the dealer calls: "No more
bets". He does this as the ball slows down and is about to drop off the back track.
Bets placed on the layout after this announcement are not valid and must be returned to
the player or players.
(2) When the ball falls and comes to rest between any two partitions of the wheel,
it marks the winning number, a 0 or 00, the winning color, and any other permitted
bet that pertains to a winning number or symbol. The dealer immediately announces
the winning number and its color, and he points to the corresponding number on the
layout. He then collects all losing bets, not disturbing the wagers resting on
winning spaces, and pays off the winner or winners. The symbols 0 and 00 win for
the house all bets except those placed on 0 and 00.
(3) On the first spin the dealer has no fixed point from which to spin the wheel
or ball. Thereafter he must spin the wheel and ball from the winning pocket into
which the ball previously dropped.
(d) Inside bets. The maximum bet shall be $2 or its equivalent in chips.
(1) Single-number bet or straight bet. The player places his wager squarely
on one number on the layout, making certain that the wager does not touch any of
the lines enclosing the number. This indicates that the player is betting that
number to win. The house pays off at 35 to 1.
(2) The symbols 0 and 00. These can be played the same as any straight or
single-number bet by placing the wager on either 0 or 00. The payoff odds are 35 to 1.
(3) Two-number bet or split bet. The player places his wager directly on any line
separating any two numbers. If the winning number is one of the two wagered on,
the player wins. Payoff odds are 17 to 1.
(4) Three-number bet or street bet. The player places his wager on the outside
line of the layout. This indicates that he is betting the three numbers opposite
the wager, going across the layout (street). If the winning number is one of
these three, the player wins. Payoff odds: 11 to 1.
(5) Four-number bet, square bet, quarter bet or corner bet. The player places
his wager on the intersection of the lines between any four numbers. If any
one of these four numbers wins, the player collects. Payoff odds: 8 to 1.
(6) Five-number bet or line bet. The player places his wager on the line separating
the 1,2,3 from the 0 and 00 spaces at a corner intersection. This indicates that
he is betting that one of the numbers 1, 2 or 3, or 0 or 00 will win. Payoff odds: 6 to 1.
(7) Six-number bet or line bet. The player places his wager on the intersection of
the side line and a line between two streets. If any of these six numbers wins,
the player collects. Payoff odds: 5 to 1.
(e) Outside bets. The maximum bet shall be $5 or its equivalent in chips.
(1) Twelve-number bet or column bet. The player places his wager on one of the
three blank spaces at the bottom of the layout (some layouts have three squares
marked 1st, 2nd, 3rd). This indicates that the player is betting the 12 vertical
numbers above the space wagered on. Payoff odds: 2 to 1.
(2) Dozens or twelve-number bet. The player places his wager on one of the spaces
of the layout marked 1st 12, 2nd 12 or 3rd 12. The 1st 12 indicates that the player
is betting on the numbers 1 to 12 inclusive; the 2nd 12, the numbers 13 to 24
inclusive; and the 3rd 12, the numbers 25 to 36 inclusive. Payoff odds: 2 to 1.
(3) Low-number bet (1 to 18). The player places his wager on the layout space marked
1 to 18, which indicates that he is betting on the numbers 1 to 18 inclusive.
The payoff is even money.
(4) High-number bet (19 to 36). The player places his wager on the layout space
marked 19 to 36, which indicates that he is betting on the numbers 19 to 36
inclusive. The payoff is even money.
(5) Black color bet. The player places his wager on a space of the layout
marked Black. (Some layouts have a large diamond-shaped design instead of the word
Black.) The player is betting that the winning color will be black. The payoff is even money.
(6) Red color bet. The player places his wager on the space of the layout marked
Red, or the red diamond, and is betting that the winning color will be red. The payoff is even money.
(7) Odd-number bet. The player places his wager on the space of the layout marked Odd.
The player is betting that the winning number will be an odd number. The payoff is even money.
(8) Even-number bet. The player places his wager on the space of the layout marked Even.
The player is betting that the winning number will be even. The payoff is even money.
§ 5620.5 Black Jack.
(a) Equipment.
(1) A Black Jack table with up to seven betting spaces on its layout.
(2) One to four decks of 52 cards each, shuffled together and used as one.
(3) A dealing box (optional).
(b) Personnel.
(1) Dealer. The dealer is the person who deals the cards and controls the bank.
He never surrenders the deal or the bank.
(2) Assistant. An assistant may be used to assist the dealer in collecting
losing bets and paying off winning bets.
(c) Number of players. Up to seven players, each of whom may bet on several
hands depending on the betting spaces available.
(d) Value of cards.
(1) Aces count either 1 or 11 at the discretion of the player.
(2) Kings, queens and jacks each have a count of 10.
(3) All other cards are counted at their face value.
(e) The object of the game. A player tries to obtain a higher total card
count than the dealer by reaching 21 or as close to 21 as possible without exceeding
that count. If the player's total count exceeds 21, he has "busted" and must turn
his cards face-up at once. He has lost his bet, and the dealer may take the player's
wager. The player, at his discretion, may stand or draw one or more cards in an
attempt to better his count.
(f) Betting.
(1) Before the deal begins, each player must place his bet in the
betting space directly before him in full view of the dealer.
When a player plays more than one hand at a time, he must play the hand farthest to
his right to completion before being permitted to play his next hand or hands.
The dealer may check the player's bet to see if it is within specified limits.
(2) Maximum bet shall be $5 or the equivalent in chips.
(g) The deal. After all players' bets are down, the dealer removes the first card
from the dealing box and discards it by placing it aside face-down without showing its
face value. This card and other discarded cards are not to be used again until the dealing box
is emptied. This is known as "burning" a card or a "burnt" card. All cards used to make a hand are
discarded in the same manner. After the first dealt card has been "burnt", the dealer,
starting with the player on his extreme left, begins dealing clockwise giving one card
face-up to each player and one face-up to himself. He next deals each player, starting
with the player on his extreme left, a second face-up card and one face-down to himself.
The dealer has the option of dealing one face-down card to each player.
(h) The play. The organization shall have three options in the event of ties
between the dealer and the player(s). Option number one allows the organization to honor
a "push" or standoff in the case of all ties. Option number two allows the organization
to honor a "push" or standoff when the dealer and players have a natural 21 only.
The house wins all other ties. Option number three allows the organization to win all
ties between the dealer and the player(s). The selection of the option shall be set
forth in the license application in schedule 7 of GC-2B. The license shall reflect
one of the following options:
Option one: All ties are "pushes".
Option two: "Push" on natural 21 only.
Option three: House wins all ties.
(1) If the dealer's face-up card is a 10-count or an ace, he must look at his
face-down (hole) card. If he has a natural 21 (a count of 21 with two cards),
he must face it and announce "Twenty-one" or "Black Jack." If the organization
has exercised the option that all ties shall constitute wins for the
organization, the dealer then wins and collects all bets, including bets
from players having a natural 21. If the organization has exercised either
option number one or number two, the dealer declares all ties to be
"pushes" and no action is taken on these hands. The dealer wins and collects
the bets from players not having a natural 21.
(2) When the dealer does not hold a natural 21, the player at his extreme
left plays first. If the player holds a natural 21, he announces it and
faces his cards so the dealer can verify the count. If the organization has
exercised option number two or option number three, the dealer pays off
the winning natural 21 at 2-to-1 odds. If the organization has exercised
the option that all ties are "pushes" (standoffs), then the dealer pays
off the winning natural 21 at 3-to-2 odds. The dealer then "burns" the two played-out cards.
(3) If the player's two cards total less than 21, he may elect:
(i) to stay if he is satisfied with the total count of his two cards; or
(ii) to ask for an additional card if he is not satisfied with the total
count. The player can continue to ask for cards until he is satisfied with
the total count of his cards. If the player draws a card which puts him over
21, he must announce a "bust". The dealer takes the player's wager and cards
and "burns" the cards in the discard pile. The play moves to the player's left,
clockwise around the table, until all players have played out their hands.
(i) The dealer's turn at play. If all players have "busted", the dealer merely
places his own cards in the discard pile and deals a new hand. If any player or
players are left, the dealer plays his hand as follows:
(1) He turns up his hole card so that all his cards are exposed.
(2) If his count is 17, 18, 19 or 20, he must stay.
(3) If his count is 16 or less, he must draw a card and continue to draw
until his count reaches 17 or more, at which point he must stay. If the
dealer holds a "soft" 17, i.e., a 17-count which includes an ace,
he must also stay. This also applies to a soft 18, 19 or 20. The
dealer stays on 17 and must pull on 16 or less.
(4) If a dealer errs and deals a player a card which the player did not
call for, and the card is refused by the player, the card is considered
a "dead" card and must be "burnt" and discarded.
(j) Payoffs. At the end of his play, the dealer starts with the first active
player on his extreme right and moves around the table counterclockwise, paying
off players who have a higher count than his with an amount equal to the wager
they placed and collecting the players' wagers showing a lesser count. If the
dealer's count exceeds 21, he pays off each surviving player an amount equal
to the player's wager. If the player and dealer have the same count, the dealer
either wins and collects the bet or declares a "push" (standoff), depending upon
the option exercised by the organization.
(k) Splitting pairs.
(1) Any two cards that are identical except for suit may be treated as
a pair. Also, any two cards each having a value of 10 may be treated
as pairs, such as a ten and jack, jack and queen, or queen and king.
(2) A player who receives two cards forming a pair or considered to be a pair
on the initial round may, if he chooses, separate the two cards and treat
each card as the first card dealt in two separate hands. This is called
splitting pairs. When pairs are split, the player's original wager is
placed on one of these cards and an equal amount must be wagered on the other.
(3) The player is then dealt one face-up card on the face-up card on his right,
and he must play this hand out. If, in drawing to the first face-up card, he
forms a pair again, he may again split pairs, wagering an amount equal to his
first card on this third hand. He may continue to split any further pairs.
(4) When a player splits a pair of aces, he is only permitted to draw one
card to each split ace, giving him two cards in all.
(5) If a picture card or ten or ace is part of a split hand and the player
makes a two-card count of 21, it is not a natural and the player is paid off at even money.
(6) A player is not permitted to double down on split pairs.
(l) The double down.
(1) A player, whose first two cards total either 10 or 11, may elect to
double his wager and draw one additional card only. This is known as a "double
down" or "down for double".
(2) A player, before calling "double down," must double his original wager. He
is then dealt a third and final card on his two face-up cards.
(m) Insurance betting. When the dealer's face-up card is an ace, players may
make an insurance bet against the dealer's possible natural 21. The dealer, before
looking at his down card, inquires if any player wants insurance. A player who
desires insurance places an amount equal to half his present wager on his
own hand. When the insurance wager is made, the dealer looks at his down card. If
it is a 10-count, he turns it face-up and announces a "natural." The insurance
bettor is paid off at the rate of 2-to-1 for the amount of the insurance
bet. If the dealer's down card is not a 10-count card, the player loses his insurance wager.
§ 5620.6 Big Six.
(a) Equipment. A wheel of variable size. Around the rim of the wheel's
surface are sections, each of which shows one side of three dice bearing
different combinations of the numbers 1 through 6. The wheel has a corresponding layout.
(b) The play.
(1) A player places his wager on one or more numbers on the layout and
the dealer spins the wheel. When the wheel stops, the section in which
the indicator arm rests is the winning combination.
(2) If the player places his wager on the number 1 and the wheel stops at 1-2-3,
the payoff odds are 1-to-1 since the number 1 showed only once. If the wheel
stops at 1-1-2, the payoff odds are 2-to-1 since the number 1 showed twice.
This holds true for all the numbers; e.g., if the player places his
wager on number 5 and the wheel stops on 4-5-6, the payoff odds are 1-to-1.
If it stops at 5-5-5, the payoff odds are 3-to-1.
(3)The maximum bet shall be $5 or its equivalent in chips.
§ 5620.7 Big Nine.
(a) Equipment. A wheel of variable size. The rim of the wheel is divided
into sections, some of which bear different combinations of the numbers
1 through 9. Other sections display a picture of a diamond, star and eagle.
The wheel has a corresponding layout.
(b) The play.
(1) A player places his wager on one or more numbers or symbols on the
layout and the dealer spins the wheel. When the wheel stops, the section
in which the indicator arm rests is the winning combination.
(2) If the player places his wager on the number 1 and the wheel stops
at 1-1-9-9-9, the payoff odds are 2-to-1 since the number 1 showed twice.
If the wheel stops at 1-1-1-4-4, the payoff odds are 3-to-1 since the
number 1 showed three times. This holds true for all the numbers; e.g.,
if the player places his wager on number 5 and the wheel stops on 2-2-5-5-5,
the payoff odds are 3-to-1. If it stops at 5-5-5-5-5, the payoff odds are 5-to-1.
(3) The odds for the diamond, star or eagle shall be displayed on the layout.
(4) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.8 Money Wheel.
(a) Equipment. A wheel of variable size. Around the rim of the wheel's surface
are sections. In some of these sections are new American greenbacks or their
facsimile in denominations of $1, $2, $5, $10 and $20. Other sections display
a picture of the American flag and a joker. The wheel has a corresponding layout.
(b) The play.
(1) A player places his wager on one or more numbers, flag or joker on the
layout and the dealer spins the wheel. When the wheel stops, the section
in which the indicator arm rests is the winning number or symbol.
(2) The number on the bills indicates the payoff odds to the players.
If the wheel stops on the $1 bill, the payoff odds are 1-to-1. A winning
wager on the $2 bill is paid off at 2-to-1, on the $5 at 5-to-1, on
the $10 at 10-to-1, on the $20 at 20-to-1. The payoff odds on the flag
and joker, ranging from 25-to-1 through 40-to-1, shall be
conspicuously displayed on the layout.
(3) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.9 Color Wheel.
(a) Equipment. A wheel of variable size. The rim of the wheel is divided into
sections, each of which shows one color. The wheel has a corresponding layout.
(b) The play.
(1) A player places his wager on one or more colors on the layout,
and the dealer spins the wheel. When the wheel stops, the section in
which the indicator arm rests is the winning color.
(2) The payoff odds shall be conspicuously displayed on the layout.
(3) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.10 Merchandise Wheels.
(a) Equipment. A wheel or wheels of variable size that have numbers,
symbols or colors used to designate the winning wager and, where applicable,
the type of merchandise to be awarded. The wheel has a corresponding layout.
(b) Wager. The maximum wager is $2. Merchandise shall not be wagered by a participant.
(c) Winning wagers. No cash, only merchandise shall be awarded. No
single prize shall exceed a value of $250.
(d) Control sheet. Each merchandise wheel shall have an inventory control
sheet which shall indicate the cost to the licensee of each item of merchandise
awarded at the wheel or, if donated, its current retail price. When a total
of $10,000 in prizes has been awarded at a merchandise wheel, the merchandise
wheel must be closed (see section 5622.12 of this Subchapter). It will not be
necessary to file the inventory control sheet with form GC-7B.
§ 5620.11 Chuck-A-Luck.
(a) Equipment.
(1) A cage or chute.
(2) Three dice.
(3) A table layout bearing the numbers 1, 2, 3, 4, 5, 6.
(b) The play and odds.
(1) The dice are tumbled in the cage or chute. Players place their wagers on one or
more of the layout numbers. After the dice come to rest, if a player's number
appears on one die the payoff odds are 1-to-1; if his number appears on two dice,
the payoff odds are 2-to-1; and if all three bear his number, the payoff odds are 3-to-1.
(2) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.12 Hazard.
(a) Equipment.
(1) A cage or chute.
(2) Three dice.
(3) A table layout with wagers and odds.
(b) The play. The players place their wagers on the layout. The dealer then
tumbles the dice in the cage or chute and when the dice come to rest, the face-up
numbers are the deciding three numbers.
(c) Bets and odds.
(1) Raffles. The player wagers that any specific three of a kind
(three aces, three deuces, etc.) will appear on the dice. This wager is paid off
at odds of 180-to-1. The maximum wager for this type of bet shall be $1.50
or its equivalent in chips.
(2) Any raffle. The player wagers that any three of a kind will appear.
This wager is paid off at odds of 30-to-1.
(3) Low bet. The player wagers that the total count on the dice will be 10
or below. The player loses if three of a kind appear. The odds on this wager are even or 1-to-1.
(4) High bet. The player wagers that the total count on the dice will be
11 or more. The player loses if three of a kind appear.
The odds on this wager are even or 1-to-1.
(5) Odd an Even bet. A wager that the total count on the dice will be an
odd or even number. The odds on this wager are even or 1-to-1. The
player loses if three of a kind appears.
(6) Numbers bet. The player wagers that he can pick the exact winning
number of the total count of the three dice, numbers 4 through 17. The
odds on numbers bet are as follows: total count 4 pays 60-for-1; total
count 5 pays 30-for-1, total count 6 pays 18-for-1, total count 7 pays
12-for-1, total count 8 pays 8-for-1, total count 9 pays 6-for-1, total
count 10 pays 6-for-1, total count 11 pays 6-for-1, total count 12 pays
6-for-1, total count 13 pays 8-for-1, total count 14 pays 12-for-1,
total count 15 pays 18-for-1, total count 16 pays 30-for-1, total count
17 pays 60-for-1.
(7) Chuck numbers.
(i) The player wagers on the numbers 1 through 6. The odds on this wager
are even or 1-to-1 if it appears on one die, 2-to-1 if it shows on two
dice, and 3-to-1 if it shows on three dice.
(ii) The maximum bet shall be $5 or its equivalent in chips, except in
the "raffles" where the player wagers that any specific three of a kind
(three aces, three deuces, etc.) will appear on the dice, in which cases
the maximum wager shall be $1.50 or its equivalent in chips.
§ 5620.13 Over and Under Seven.
(a) Equipment.
(1) A cage or chute.
(2) Two dice. If thrown, the dealer has at least five dice in front of him,
from which the shooter selects two dice to roll.
(3) A table and layout with three betting spaces reflecting a number "7",
"Under 7" and "Over 7". If dice are thrown, a table with an upright rail
running around the table's outside edges, forming a rectangular enclosure.
The rail serves as a backboard and helps to prevent the dice from falling off the table.
(b) The play and odds.
(1) The player places his wager on any one of the three spaces on the layout.
The dice are thrown by the player or dealer or tumbled in the cage or chute.
A wager on "Under 7" wins if the total of the two dice is 2,3,4,5 or 6.
The odds on this wager are even or 1-to-1. A wager on "Over 7" wins if the
total of the two dice is 8, 9, 10, 11 or 12. The odds on this wager are even
or 1-to-1. A wager on the "7" space wins if the total of the two dice is 7.
The odds on this wager are 4-to-1.
(2) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.14 Beat the Dealer.
(a) Equipment.
(1) A cage, chute or cup.
(2) Two dice.
(3) A table layout.
(b) The play and odds.
(1) The player places his wager in the space on the layout in front of him.
(2) The dealer and the player each tumble the dice by hand or in the cage,
chute or cup. The dealer goes first. To win, the player or players must get
a higher total count than the dealer; the dealer wins on all ties. The odds
on this game are even or 1-to-1.
(3) The maximum bet shall be $5 or its equivalent in chips
§ 5620.15 Bang.
(a) Equipment.
(1) A table with a layout and an upright rail around the outside edges of
the table. The rail serves as a backboard and also helps to prevent the dice
from falling off the table.
(2) Two dice. The dealer has at least five dice in front of him, from which
the shooter selects two dice to roll.
(b) Players. Any number can play, provided there is space at the table.
(c) The play.
(1) Players place bets on the betting layout. The sections marked "Beat
the Dealer Hi Dice" on the layout are considered the outside sections
of the layout and are referred to as outside bets. All other betting
spaces on the layout are considered to be inside sections or inside bets.
(2) The dealer announces: "No more bets."
(3) The dealer rolls first. The total count of the two dice that face upward
when the dice come to rest are considered the dealer's point. The dealer
places a marker on the layout to indicate the dealer's point.
(4) The dealer's roll affects all inside bets, i. e., all bets on
the layout except Beat the Dealer Hi Dice bets. (Note that Big Six and
Big Eight bets are active on every roll of the dice, but are only affected
by a losing roll of 7, or by the roll of a winning 6 or 8, respectively.)
After collecting the losing inside wagers and paying the winning inside
wagers, the dealer announces: "Place inside bets only." (No additional
"Beat the Dealer Hi Dice" bets can be placed at this time.)
(5) The first bettor on the dealer's left rolls next. This player is
rolling for all inside bets and is rolling for all other "Beat the
Dealer Hi Dice" bettors at the table.
(6) After collecting the losing wagers and paying the winning wagers,
the first game is over.
(7) The dealer announces: "Place all bets inside and outside."
(8) To start a new game, the dealer rolls the dice and places the marker
to indicate the new dealer's point. After collecting the losing wagers
and paying the winning inside wagers, the dealer again announces:
"Place inside bets only." The dealer offers the dice to the player to
the left of the previous shooter. This shooter's roll affects all bets
on the layout. (Note that after the dealer rolls to start each new game,
the dice pass clockwise around the table to the player to the left of
the previous shooter.)
(d) Bets and odds.
(1) All bets must be made before the dice are thrown. Bets will not
be honored while the dice are rolling.
(2) Field bet. A player can bet on any one roll that one of the
following numbers will come up: 2, 3, 4, 9, 10, 11 or 12. If it does,
the player wins and is paid off at even money. If 5, 6, 7 or 8 comes
up, the player loses.
(3) Under seven. The player wins on any one roll if the total count
of the two dice is 2, 3, 4, 5 or 6. Any other number loses. Payoff is even money.
(4) Any seven. The player wins on any one roll if the total count of
the two dice is 7. Payoff is 4-to-1.
(5) Over seven. The player wins on any one roll if the total count
of the two dice is 8, 9, 10, 11 or 12. Any other number loses. Payoff is even money.
(6) Big six. The player wins if a 6 is rolled before a 7. Payoff is even money.
(7) Big eight. The player wins if an 8 is rolled before a 7. Payoff is even money.
(8) Beat the Dealer Hi Dice. Winning Beat the Dealer Hi Dice bets are paid
off at even money. The house wins on all ties.
(e) Maximum bet shall be $5 or its equivalent in chips.
§ 5620.16 Joker Seven.
(a) Equipment.
(1) A table with a Joker Seven betting layout.
(2) One deck of 52 cards and 2 jokers.
(b) Players. Any number of players who can fit around the table.
(c) The play. The cards are thoroughly shuffled and cut by the dealer.
Bets are placed on the betting squares which represent the various combinations
which can arise from any random hand of seven cards. Seven cards are dealt face
up from the top of the deck and the winning combinations are called by the dealer.
The dealer collects the losing wages and pays the winners. All cards are shuffled
and cut by the dealer after each hand.
| (d) Color bets. |
Odds |
| 4 or more red or 4 or more black cards |
Even money |
| 4 red cards or 4 black cards (exact) |
2-to-1 |
| 5 red cards or 5 black cards (exact) |
5-to-1 |
| 6 red cards or 6 black cards (exact) |
15-to-1 |
| 7 red cards or 7 black cards (exact) |
25-to-1 |
| (e) Other bets. |
Odds |
| No pairs or two pairs |
3-to-1 |
| 1 joker |
3-to-1 |
| 2 jokers |
20-to-1 |
| Any specific pair—aces to kings |
9-to-1 |
| Prial (three of a kind) |
12-to-1 |
(1) When a prial is dealt, the pair within the prial is paid at 9-to-1.
Two jokers are considered one pair. Two jokers and another pair are
considered two pairs. The joker has no color value. A joker bet looses
if two jokers are dealt.
(2) When four of a kind is dealt, a bet on one pair is paid at 9-to-1
once, a bet on two pairs is paid at 3-to-1 once, and a bet on a prial
is paid at 12-to-1.
(f) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.17 Horse Race Wheel.
(a) Equipment. A wheel of variable size. The surface of the wheel
is divided into sections and each section has a number corresponding to
a pictorial horse or name of horse. The rim of each numbered section is
divided into smaller numbered sections, which indicate the odds at which
the winner is to be paid. The wheel has a corresponding layout.
(b) The play. A player places his wager on one or more numbers on
the layout and the dealer spins the wheel. When the wheel stops, the
section in which the indicator arm rests indicates the winning number
and the odds to be paid.
(c) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.18 Best Poker Hand.
(a) Equipment.
(1) A table layout numbered 1 through 10.
(2) A single deck of 52 cards.
(b) The players. Any number of players who can fit around the table.
(c) The play. The cards are thoroughly shuffled and cut by the dealer.
Ten hands of five cards each are dealt face up from the top of the deck
and the number corresponding to the best poker hand wins. The dealer
collects the losing wagers and pays the winner(s). All cards are shuffled
and cut by the dealer after each hand.
(d) Bets. Bets are placed on the table layout numbered 1 through 10.
Players may continue placing bets until the dealer calls "No more bets".
The dealer then deals the cards.
(e) Odds.
| No pair (highest hand) |
Even money |
Flush |
12-to-1 |
| One pair |
2-to-1 |
Full house |
15-to-1 |
| Two pairs |
3-to-1 |
Four of a kind |
20-to-1 |
| Three of a kind |
5-to-1 |
Straight flush |
25-to-1 |
| Straight |
10-to-1 |
Royal flush |
50-to-1 |
(f) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.19 Bell Jar.
(a) Equipment.
(1) A container, jar, or vending machine used for the containment of jar tickets.
(2) Bell Jar tickets shall also include "Pull-Tabs," "Break-Opens," and any other
similar-type game comprised of tickets or cards having a number or numbers,
color or colors, symbol 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 a combination of numbers, colors or symbols.
(3) A deal shall consist of a container(s) which holds all the bell jar
tickets of a game bearing the same serial number as well as a flare.
(4) A flare which is contained in the deal, and must be prominently displayed,
sets forth the number of tickets and prizes contained in the deal, as well
as the winning number or numbers, color or colors, symbol or symbols.
(b) The play.
(1) A player purchases a bell jar ticket and immediately upon opening
the ticket learns whether or not he is a winner of any prize.
(2) The maximum wager is $2.
(3) No single prize shall exceed $500.
(4) No aggregate prizes in any deal shall exceed $3,000.
(c) Operation of the game.
(1) Bell jar tickets may be dispensed from bell jar ticket vending
machines which satisfy board specifications.
(2) No licensed authorized organization shall provide any information
to any person respecting the potential winnings of bell jar tickets
which would create an advantage to said person.
(3) No licensee shall modify, alter, deface or otherwise change
the flare, except that a licensed authorized organization may mark
the winning prizes appearing on the flare as they are awarded.
(4) No bell jar ticket shall be sold unless it shall have imprinted
thereon the name of the manufacturer and/or board approved logo,
the ticket cost to the player, denomination of each prize, game
serial number and form number which shall correspond with the game
serial number, game ticket price, form number and game ticket count
on the game flare, game payout card and invoice. However, banded,
single-sided, single-tabbed and double-sided single-tabbed bell
jar tickets may be sold with only the game serial number, the name
of the manufacturer and/or the board approved logo printed on the
tickets, but must otherwise conform to the provisions of this section.
(5) No bell jar ticket may be sold where the prizes to be awarded
or the number of tickets contained in the container differ from
the number of game tickets and game prizes printed on the game
flare and respective game payout card.
(6) No licensee shall sell, display or award a prize for a bell
jar ticket which has in any manner been marked, defaced, tampered
with or otherwise placed in a condition which may deceive the public,
or which affects the chances of winning or losing upon the purchase of any ticket.
(7) No licensed authorized organization shall assist a player
in opening a purchased bell jar ticket(s).
(8) All prizes from the operation of the bell jar shall be
awarded in cash, except in the case of banded tickets, merchandise
boards, and seal cards which may award merchandise as defined in
section 5622.13 of this Title and such merchandise shall not exceed
the maximum prize values of section 5622.12 of this Title. No
ticket(s) reflecting a free play shall be sold.
(9) No prize shall be awarded to any player unless the player surrenders
an actual winning bell jar ticket. A prize payout shall not be made
to any player for a lost or unredeemed ticket.
(10) No prize shall be awarded to any player who is redeeming a
winning bell jar ticket that was removed from the games of chance premises.
(11) Each winning bell jar ticket shall be defaced upon redemption
and retained for a period of six months.
(12) Bell jar tickets may only be sold on the premises of the
licensed authorized organization and the premises in which the
organization conducts licensed bingo occasions and games of chance license periods.
(13) Every licensed authorized organization shall retain all remaining
unsold bell jar tickets for inspection by the board for one year
following the date of last sale.
(14) More than one deal may be sold simultaneously during a license period.
(15) No authorized organization shall sell, distribute or loan any
bell jar tickets to any other authorized organization.
(16) Complete deals may be commingled in one receptacle or bell
jar ticket vending machine, provided the deals are identical as
to the type of game, game form number, number of tickets per game,
game ticket price and the amount and denomination of prizes.
No unsold portion of a deal may be commingled with any other deal.
(17) Bell jar ticket deals of different game form numbers may be
inserted into and dispensed from the same bell jar ticket vending
machines provided each game form numbered deal is assigned a separate
stacking column(s) and holder(s) and each stacking column or holder
is clearly labeled to identify to the purchaser the type and game
form number of each bell jar ticket to be dispensed from that
stacking column or holder. Bell jar ticket deals with different
game form numbers shall not be commingled in any stacking column or holder.
(18) No deal shall be placed in play unless the serial number of such
deal corresponds to the serial number printed on each ticket, the flare and invoice.
(19) No deal shall be taken out of play once such deal has been offered
for sale unless at least 75 percent of total prizes have been awarded.
(20) No deal shall be placed in play unless it has been purchased from a licensed supplier.
(21) Separate cash banks shall be maintained for each deal or
combination of deals placed in play in order to determine each deal's profit or loss.
§ 5620.20 Fruit Wheel.
(a) Equipment. A wheel of variable size. Around the rim of the wheel's
surface are sections, each of which shows three symbols bearing different
combinations of six different types of fruit or similar objects.
The wheel has a corresponding layout.
(b) The play.
(1) A player places his wager on one or more betting spaces on the
layout and the dealer spins the wheel. When the wheel stops, the
section in which the indicator arm rests is the winning combination.
(2) If the player places his wager on the lemon and the wheel stops at
lemon-orange-cherry, the payoff odds are 1-to-1 since the lemon showed
only once. If the wheel stops at lemon-cherry-lemon the payoff odds are
2-to-1 since the lemon showed twice. This holds true for all the types
of symbols, e.g., if the player places his wager on the apple
and the wheel stops on apple-grape-banana, the payoff odds are 1-to-1.
If it stops at apple-apple-apple, the payoff odds are 3-to-1.
(3) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.21 Card Wheel.
(a) Equipment. A wheel of variable size. Around the rim of the wheel's
surface are sections, each of which shows the faces of three playing cards
bearing different combinations of the cards nine through ace.
The wheel has a corresponding layout.
(b) The play.
(1) A player places his wager on one more betting spaces on the
layout and the dealer spins the wheel. When the wheel stops, the
section in which the indicator arm rests is the winning combination.
(2) If the player places his wager on the ace and the wheel stops
at nine-ace-king, the payoff odds are 1-to-1 since the ace showed only
once. If the wheel stops at ace-ace-ten, the payoff odds are
2-to-1 since the ace showed twice. This holds true for all the card
faces, e.g., if the player places his wager on the king and the
wheel stops on king-nine-ace, the payoff odds are 1-to-1. If it
stops at king-king-king, the payoff odds are 3-to-1.
(3) The maximum bet shall be $5 or its equivalent in chips.
§ 5620.22 Raffles.
(a) Equipment. The equipment used in the conduct of raffles and the method
of play shall ensure that each and every ticket to participate shall have an
equal opportunity to be drawn as a winner.
(1) Raffle tickets, with the exception of the two-part "admission-style" tickets
utilized in the game commonly known as a "50/50 raffle" shall reflect the following:
(i) name and identification number of the authorized organization;
(ii) the location(s), date(s) and time(s) of the drawing(s);
(iii) the consecutively printed serial number of the ticket;
(iv) the price of the ticket;
(v) a list of the prizes offered;
(vi) the statement: "Ticket holders need not be present to win"; and
(vii) each ticket stub or receipt shall reflect the name, address
and telephone number of the ticket purchaser, and the consecutively
printed serial number of the ticket.
(2) Each part of a two part "admission-style" ticket used in the game
commonly known as a "50/50 raffle" shall bear an identical, consecutively
printed serial number, to be used in verifying the winning ticket.
(b) The play.
(1) No single prize shall exceed the sum of $50,000 except that an
organization may award a single prize of $100,000 if it lists in the
appropriate schedule (schedule 5) of the application for games of chance
license (form GC-2) the amount of this increased prize.
(2) The aggregate fair market value of all prizes to be offered or
awarded by a licensee in raffles in any one calendar year (license
period) shall not exceed $100,000.
(3) The method of drawing and determining the winning ticket(s) shall
be clearly announced and described prior to drawing a ticket.
(4) Each drawing shall be conducted openly and in plain view of the
ticket purchasers present.
(5) Raffle tickets may be sold, and raffle drawings may be conducted,
during a licensed organization's games of chance license period,
during a licensed organization's bingo occasions, and during the
games of chance license periods and licensed bingo occasions
conducted by an organization that is an affiliate of, or is auxiliary
to, the organization licensed to conduct raffles, when permitted
by the licensed auxiliary or affiliate.
(6) Raffle tickets may also be sold 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 187 and 188 of the General
Municipal Law 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 the licensee has received written
approval, on a form prescribed by the bard, from each municipality
to sell raffle tickets therein and provided that no sale of raffle
tickets shall be made more than 180 days prior to the date scheduled
for the final drawing of the winning raffle ticket(s).
(7) No ticket shall be sold in conjunction with any raffle, including
raffles in which winning tickets are scheduled to be drawn on
multiple dates, more than 180 days prior to the date scheduled
for the drawing of the last ticket in that raffle.
(8) All raffle tickets, with the exception of the two-part
"admission-style" tickets used in the game commonly known
as a "50/50 raffle," shall be sold at a uniform price per
ticket, unless the discount offered is based on the selling price
per book of tickets and the price per single ticket and the
discounted price per book of tickets are printed on each ticket.
(9) The value of merchandise to be awarded as a raffle prize
shall be the fair market value of the merchandise at the time of
submission of an application or verified statement for a raffle
license.
(10) Purchasers of raffle tickets need not be present at the
raffle drawing to win.
(11) Alcoholic beverages may be sold an consumed in locations
where raffle tickets are sold and raffle drawings are conducted.
(12) Alcoholic beverages shall not be awarded as a raffle prize.
(13) No commission, salary, compensation, reward or recompense
shall be paid or given to any person for the sale or assisting with
the sale of raffle tickets.
(14) Raffle tickets shall be sold by a member of an authorized
organization licensed to conduct raffles and may also be sold by any
person with a blood relationship or affinity with a member of an
authorized organization licensed to conduct a raffle.
§ 5620.23
Search For The Queen Of Hearts
a)
Equipment. A series of two-part, sequentially numbered raffle tickets; two
raffle ticket drums or receptacles; a standard deck of fifty-two playing cards
plus two Jokers; and a game board onto which fifty-four playing cards can be
placed facedown, side-by-side, and held securely by a locking, transparent
cover.
b)
The Play
1)
The licensed authorized organization shall offer a series of two-part,
sequentially numbered raffle tickets for sale at a price determined by the
licensee. Each player shall write his or her name and telephone number on the
licensee’s part of the ticket, which shall be deposited into a raffle ticket
drum or receptacle. The purchasing player shall retain the other part of the
ticket as a receipt for verification purposes. All monies collected from the
sale of Raffle Winners’ Tickets shall be designated the Grand Prize Pool.
2)
The deck of facedown playing cards shall be thoroughly shuffled by a licensed
member in charge or assistant to the member in charge and, without revealing any
of the faces, placed facedown, side-by-side, onto the game board. The
transparent game board cover shall be closed and locked to secure the cards in
place.
3)
One raffle ticket shall be drawn each week from among all of the tickets sold
for each drawing, except for the first week and the twenty-sixth week (if
necessary), when three drawings shall be held.
4)
The participant(s) holding the winning ticket stub(s) shall be declared the
winner(s) of each drawing and shall be entitled to “Search For The Queen of
Hearts.”
5)
All remaining tickets in the raffle drum or receptacle shall be defaced and
discarded.
6)
The transparent, locking cover securing the cards shall be opened by a licensed
member in charge or assistant to the member in charge at the time of each
drawing.
7)
Each winner shall select one of the facedown playing cards, which shall be
turned face up by a licensed member in charge or assistant to the member in
charge. If that playing card is the Queen of Hearts the holder of the winning
raffle ticket selecting that card shall be awarded 60% of the Grand Prize Pool.
8)
If the card selected is not the Queen of Hearts, that card shall be defaced by
drawing a diagonal line across its face in ink; the card shall be returned to
the game board face-up; the transparent, locking cover securing the cards shall
be locked by a licensed member in charge or assistant to the member in charge;
and that player shall be immediately awarded a cash prize valued according to
the following schedule:
Card Drawn
Payout Odds
Any 2, 3, 4, or 5
At least 4 - 1
Any 6, 7, 8, or 9
At least 6 - 1
Any 10, Jack, or King
At least 8 - 1
Any Ace
At least 10 -1
Any Joker
At least 15 - 1
Any Queen other than Hearts
At least 20 - 1
9)
The weekly raffle drawings shall continue until a winner selects the Queen of
Hearts.
10)
When the Queen of Hearts is selected, the winning player shall be awarded the
Grand Prize consisting of 60% of the Grand Prize Pool.
11)
The licensee shall retain the remaining 40% of the Grand Prize Pool as raffle
profit and shall secure those funds for deposit into the special games of chance
or raffle checking account (if applicable), or other bank account.
§ 5620.24 Treasure Chest Raffle
a)
Equipment. Two different-colored series of two-part, sequentially numbered
raffle tickets; two raffle ticket drums or receptacles; a game board; a chest; a
lock to secure the chest; and a number of keys predetermined by the licensee and
listed in its house rules and on its raffle license application (if applicable).
Only two of the keys shall be capable of opening the lock. One of those keys
must be marked by the locksmith as a master key, and secured at all times by a
member-in-charge; the other key, and all of the remaining (losing) keys, shall
be unmarked and maintained in accordance with this section. The game board shall
have a number of nails protruding from the board at an angle that permits the
keys to be hung on one nail at a time. The number of nails shall be equal to the
total number of keys in play at the start of the Treasure Chest Raffle.
b)
The Play
1)
The licensee shall sell one series of two-part, sequentially numbered raffle
tickets designated as Prize Winning Tickets, depositing one part of each ticket
sold into the Prize Winning Raffle Ticket Drum or Receptacle and presenting the
other part of that ticket to the purchaser to retain as a receipt for
verification purposes.
2)
The member-in-charge shall remove the licensee’s designated percentage of the
sales of raffle tickets sold during that occasion as raffle profit, and shall
secure those funds for deposit into the special games of chance raffle checking
account, if applicable, or other bank account.
3)
The member-in-charge shall remove ten percent of the remaining funds, and shall
divide that amount into five equal parts that shall be designated as the primary
prize pool.
4)
The member-in-charge shall insert the remaining prize money (the secondary
prize) into the treasure chest and lock it.
5)
After a single key is hung on each of the nails, one-half of a different colored
series of two-part, serial-numbered tickets designated as Key Tickets shall be
affixed to each of the nails, and the other halves of the those tickets shall be
deposited into a raffle ticket receptacle designated the Key Ticket Receptacle.
6)
All Prize Winning Ticket stubs shall be randomly commingled and thoroughly
intermixed in the Prize Winning Ticket Raffle Ticket Drum or Receptacle; five
tickets shall be drawn by a licensed member-in-charge from that drum or
receptacle; and the five players holding the corresponding ticket stubs shall
each be awarded one-fifth of the primary prize pool.
7)
The member-in-charge shall draw a Key Ticket from the Key Ticket Receptacle for
each of those five players, and each of the keys hanging on the game board under
the raffle ticket stubs corresponding with each of the player’s stubs is
presented to the five winning players. Each player shall attempt to open the
lock on the treasure chest using his or her key.
8)
If none of the keys opens the lock, the raffle is closed for that occasion; the
five Key Tickets are destroyed; and the member in charge removes the keys that
did not open the locks from play.
9)
At the conclusion of that occasion, the member-in-charge shall remove the cash
from the treasure chest using a master key; the losing keys shall be locked in
the treasure chest; the Key Ticket receptacle, the Key Tickets therein, and the
game board with its remaining keys and Key Tickets shall be securely stored by
the member-in-charge; and the remaining cash prize shall be deposited into the
games of chance (raffle) checking account (if applicable), where it will remain
until that amount is added to the treasure chest immediately prior to the start
of the next occasion the Treasure Chest Raffle will be conducted.
10)
During the next occasion, 60% of the proceeds from the sale of tickets for that
occasion shall be added to the dollar amount reserved from the previous
occasion, and the procedures outlined above shall be repeated for a new raffle.
11)
The procedures described above shall he repeated during each subsequent occasion
until the lock is opened and the winner is awarded the secondary prize.
12)
If the secondary prize has not been awarded during an occasion on or about 170
days after the start of ticket sales for a Treasure Chest Raffle, an
announcement shall be made during that occasion that the remaining tickets will
be drawn during the next bingo occasion until a winner of the secondary prize is
awarded.
13)
After the secondary prize is awarded, all of the Key Tickets on the game board
and in the Key Ticket Receptacle shall be discarded; and all of the keys secured
by the member-in-charge.
Back To Top
PART 5621
GAMES OF CHANCE CURRENCY
§ 5621.1 Games of chance currency.
Licensed authorized organizations may, in their discretion, use legal tender
or a form of chip authorized by the board in the conduct of games of chance.
§ 5621.4 Surrender of chips.
All games of chance currency in the form of chips is to be surrendered
and redeemed for cash or merchandise either during or at the end of the
license period. In the case of merchandise wheels, all prizes are to be in
the form of merchandise and shall be awarded after each spin of the wheel or
wheels where a winner has been determined.
§ 5621.8 Control of sale of games of chance currency.
The licensed authorized organization shall maintain necessary records
to effectuate control of the sale of games of chance currency and proceeds
from the conduct of authorized games of chance.
Back To Top
PART 5622
GENERAL CONDUCT OF GAMES OF CHANCE
§ 5622.1 Duties of member in charge.
The officers of every authorized organization
licensed to conduct games of chance shall designate not less than four bona fide
members of the licensee to be in charge and primarily responsible for the management
of the games of chance during each license period. Such members shall supervise all
activities during the license period for which they are in charge and shall be
responsible for the making of the required report thereof, GC-7, GC-7Q or GC-7R.
The members in charge shall be familiar with the provisions of the Games of Chance
Licensing Law, the applicable ordinances or local laws, the rules and regulations
of the board and the terms of the license. A member in charge shall be present on
the premises where the game or games are conducted at all times during the license period.
§ 5622.2 Minors.
Persons under 18 years of age may be
permitted to attend games of chance license periods at the discretion of the
games of chance licensee, but shall not be allowed to participate in the
operation or play of any game or games of chance. One or more signs restricting
participation of persons under 18 years of age shall be prominently displayed in each playing area.
§ 5622.3 Restriction on participation.
No person shall assist in the management of games
of chance except a bona fide member of the licensee. No person shall assist in the
operation of games of chance except a bona fide member of the licensee or a bona
fide member of an organization which is an auxiliary or an affiliate of the licensee.
No person under the age of 18 years shall be permitted to assist in the conduct of
games of chance or participate in the play of any game or games of chance.
For the purpose of the sale of tickets for the game of raffle, the term operate
shall not include the sale of such tickets by any person with a blood relationship
or affinity with a member of an authorized organization licensed to conduct a raffle.
Nonmembers may assist the licensee in any activity other than managing or operating games of chance.
§ 5622.4 Designation of officer
responsible for utilization of games of chance monies.
The officers of a licensee shall designate
an officer to be in full charge of, and primarily responsible for, the proper
utilization of all monies derived from the conduct of games of chance in
accordance with the Games of Chance Licensing Law and this Chapter.
Not less than two members shall be responsible for counting the games of chance receipts.
§ 5622.5 Payment of person
conducting games; gifts, donations prohibited.
No commission, salary, compensation,
reward, recompense, reimbursement of expenses or gift or other consideration
shall be paid, directly or indirectly, to any person for conducting or assisting
in the conduct of any game or games of chance, except as hereinafter provided
for bookkeepers or accountants who assist by rendering their professional services.
No tip, gratuity or gift or other consideration shall be offered, given or
accepted by any person conducting or assisting in the conduct of a game or games
of chance, either directly or indirectly, and one or more signs prohibiting
tipping shall be prominently displayed in each playing area. No person shall
offer, solicit or receive any gift or donation or other consideration, directly
or indirectly, on the premises during the conduct of a license period of games of chance.
§ 5622.6 Compensation of
bookkeepers and accountants.
Bookkeepers and accountants receiving
compensation for their services shall not participate or assist in any
capacity in the conduct of the games. The fees paid for bookkeeping or
accounting services shall not exceed those set forth in the following schedule:
(a) preparing "Financial Statement of Games of Chance Operations" (GC-7)—$25
per license period;
(b) preparing and maintaining the bookkeeping system required during the months
when casino-type games and raffles are conducted—$50 per month;
(c) preparing and maintaining the bookkeeping system required during the months
when bell jars are conducted—$100 per month;
(d) preparing "Quarterly Statement of Bell Jar Operations" (GC-7Q)—$75 per statement.
(e) preparing "Financial Statement of Raffle Operations" (GC-7R)—$25 per statement.
§ 5622.7 Admission of general
public; charge optional.
No licensee shall restrict the general
public from admission to games of chance periods, unless prior written permission
is obtained from the board. A fee may be charged by any licensee for admission
to any game or games of chance conducted under any license issued under the Games of Chance Licensing Law.
§ 5622.8 Premises open to inspection.
The premises where any game or games of chance are conducted,
or where it is intended that any game or games of chance shall be conducted or
where it is intended that any equipment be used, shall, at all reasonable times,
be open to inspection by the board and the municipal governing body, and the officers,
agents and employees thereof.
§ 5622.9 Ownership of devices
and equipment.
(a) A licensee shall conduct a game or games of chance only with equipment which it:
(1) owns absolutely, and which is permanently and prominently marked with its name
and identification number; or
(2) leases from a licensed games of chance supplier, and which is permanently
and prominently marked with the supplier's name and license number; or
(3) leases, with or without charge, from an authorized organization, and
which is permanently and prominently marked with the lessor's name and
identification number and such licensee has requested and received prior
written permission from the board. No game of chance license shall be
issued by the municipality in the absence of such written permission.
The provisions of this section shall not be construed so as to permit
an authorized organization to engage in the business of selling or
leasing games of chance supplies or equipment.
(b) No consideration shall be paid directly or indirectly (whether under
the guise of a service charge or otherwise) for the use of any games
of chance equipment except for that equipment purchased or leased
from an entity authorized in this Chapter to furnish same. Any
consideration paid to purchase or use such equipment shall be set
forth in a written bill of sale or written lease, a counterpart of
which is kept by the licensee and by the seller or lessor of same.
(c) No licensee shall agree or be required to purchase its supplies in
consideration of receiving the use of any equipment, goods or supplies without charge.
§ 5622.10 Sale of merchandise prohibited.
The sale or offering for sale of any merchandise within one-half hour prior to, during,
or within one-half hour after the conclusion of any games of chance license period is
prohibited, except for the sale of or offering for sale of games of chance supplies or
bell jar tickets by the licensee or the sale of food or refreshments, if authorized, by the licensee.
§ 5622.11 Sale of
New York State Lottery tickets.
New York State Lottery tickets may be sold or offered for sale during any games of chance
license period by the authorized organization conducting that license period provided
the organization is licensed by the Lottery Division to sell Lottery tickets.
§ 5622.12 Maximum value of
prizes offered.
No single prize in any casino-type game of chance shall exceed the sum or value of $300.
In the game of chance known as merchandise wheels, no single prize consisting
of merchandise shall exceed a value, defined in section 5622.13 of this Part, of $250.
In the game of chance known as bell jars, no single prize shall exceed the sum of $500.
In the game of chance known as raffle no single prize shall exceed the sum of $50,000
except that an organization may award a single prize of $100,000 if it lists it in the
appropriate schedule (schedule 5) of the application for games of chance license (form
GC-2) the amount of this increased prize. Except for merchandise wheels, bell jars
and raffles, no series of prizes on any one occasion shall aggregate more than $400
for each single type of game of chance when the licensed authorized organization
conducts five single types of games of chance during any one license period. Except for
merchandise wheels, bell jars and raffles, no series of prizes on any one occasion
shall aggregate more than $500 for each single type of game of chance when the
licensed authorized organization conducts less than five single types of games of
chance during any one license period. Except for the limitations on the sum or
value for single prizes and series of prizes for each type of game of chance,
no limit shall be imposed on the total number, sum or value of prizes awarded
to any one participant during any occasion or any license period. No single wager
shall exceed the amount designated for each type of game, as set forth in Part 5620
of this Title. In the case of merchandise wheels, no series of prizes consisting of
merchandise shall exceed the actual value of $10,000 during the successive operations
of any one merchandise wheel. In the case of bell jars, no series of prizes shall
exceed the sum of $3,000 during the successive operations of any one bell jar deal.
In the case of raffles, the series of prizes shall not exceed the sum of $100,000.
One or more signs limiting the wager to the amount designated for each type of game,
as set forth in Part 5620 of this Title, shall be prominently displayed in each
playing area. In the case of bell jars, the applicable flare(s) shall be displayed in each playing area.
§ 5622.13 Value of merchandise prizes.
When any merchandise prize is awarded in games of chance, its value shall be its cost
to the licensee or, if donated, its current market value. The current market value of
merchandise prizes donated to the licensee shall not be reported as an expenditure in
the financial statement of games of chance, bell jar or raffle operations (forms
GC-7, GC-7Q, and GC-7R) and shall not be deducted on the cash control report form
(GC-7B). No merchandise prize shall be redeemable or convertible into cash directly
or indirectly by the licensee. No alcoholic beverage shall be offered as a prize in any game of chance.
§ 5622.14 Gifts prohibited.
No licensee shall offer, distribute or give any service or thing of value, including
but not limited to door prizes, food, refreshments and alcoholic beverages, in connection with a license period.
§ 5622.15 Admission
charge as a requisite to participate.
No person who has not paid the required admission charge shall be allowed to participate
as a player in any game or games of chance.
§ 5622.16 Property not
permitted as prizes.
No licensee shall offer, distribute or give any prize consisting of real estate
or an interest therein, bonds, shares of stock, securities or evidence of indebtedness,
or any merchandise refundable in any of the foregoing.
§ 5622.17 Unapproved buildings.
No games of chance shall be held in any building which has not been approved by the
municipal governing body for public assembly, or as otherwise required by law.
§ 5622.18 Rental payment due.
The rent charged a licensed authorized organization, for use of premises in which
to conduct games of chance, shall be paid in full by check, within 48 hours after
the conclusion of each license period.
§ 5622.19 Badges.
The member in charge and those assisting him shall wear badges approved by the board
containing the name, signature and address of the wearer, the name of the organization
for which he is working, the name of the organization of which he is a member,
and his photograph. Each member shall also have in his possession valid identification
containing his name and address, which must be exhibited upon the request of a
representative of the board or municipality.
§ 5622.20 Persons prohibited as players.
No licensee shall permit any person who has participated or assisted in the management
or conduct of the games of chance license period to participate as a player or purchase
bell jar tickets at any time during such license period.
§ 5622.21 Cashing of checks prohibited.
No licensee, its members or agents, shall cash any check out of games of chance funds
or extend credit to a person to participate in the playing of any games of chance.
§ 5622.22 Operation of bank.
(a) Except in the case of merchandise wheels, raffles, coin boards, merchandise
boards, seal cards and bell jars, the licensed authorized organization shall,
at the start of each type of game of chance, provide a bank consisting of cash
or chips in an amount not exceeding $400 when the licensed authorized organization
conducts five single types of games of chance, or $500 when the licensed
authorized organization conducts less than five single types of games of chance
during any one license period. To each bank shall be added all the players'
losses, and from each bank shall be deducted all players' winnings. When
the bank for any one type of game is exhausted, the conduct of said type
of game shall cease and terminate. Where more than one location (table or
booth) is used for the conduct of a single type of game of chance, the
starting bank shall be divided among the different locations. Within the
operation of any single type of game of chance, the bank of any one
location may be used to supplement the bank of any other location of the
same type of single game of chance.
(b) In the case of merchandise wheels, the licensed authorized organization
may for each wheel award merchandise the total value of which shall not
exceed $10,000 for each merchandise wheel. In the case of bell jars,
coin boards, merchandise boards and seal cards, the licensed authorized
organization may, for each deal, award prizes the total value of which
shall not exceed $3,000 for each deal.
(c) The maximum amount of the series of prizes to be awarded for each
single type of game of chance shall be specified in the application for a
license (form GC-2) and the license (form GC-5), which shall be conspicuously displayed.
§ 5622.23 Sale and
consumption of alcoholic beverages.
Beer may be offered for sale and consumed during the conduct of games of chance
in games of chance premises. Nothing herein shall be construed to limit the
offering for sale and consumption of any other alcoholic beverage in areas
other than the games of chance premises, or the sale of any other alcoholic
beverage in premises where only the game of chance known as bell jar, coin
board, merchandise board, seal card and raffles are conducted. One or more
signs setting forth the restrictions of this section shall be prominently displayed in each playing area.
§ 5622.24 Rules and
bulletins available at games.
The rules, regulations and bulletins of the board shall be available at all
license periods for examination by players.
§ 5622.25 Qualifications
of members in charge and assistants.
No person shall participate in the management of any game of chance unless he has
been a bona fide member of the licensed authorized organization for at least one
year prior to the date of such license period. No person shall participate in the
operation of any game of chance unless he has been a bona fide member of the
licensed authorized organization or its affiliate or auxiliary for at least one year prior to such license period.
§ 5622.26 Advertising games of chance.
A licensee may advertise the conduct of games of chance to the general public by
means of newspaper, circular, handbill and poster, and by one sign not exceeding
60 square feet in area, which 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 games of chance on premises of an authorized games of chance
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
firefighting equipment belonging to any licensed authorized organization which is
a volunteer fire company, or upon any equipment of a first-aid or rescue squad in
and throughout the community served by such volunteer fire company or such first-aid
or rescue squad, as the case may be. All advertisements shall be limited to the
description of such event as "Games of Chance" or "Las Vegas Night", the name of
the authorized organization conducting such games, the license number of the
authorized organization as assigned by the clerk or department, and the date, location and time of the event.
Back To Top
PART 5623
GAMES OF CHANCE SUPPLIES AND EQUIPMENT
§ 5623.1 Devices, supplies and equipment.
No person, firm, partnership, association, joint venture, corporation or
organization shall sell or lease games of chance devices, supplies or
equipment to a licensed authorized organization unless such person, firm,
partnership, association, joint venture, corporation or organization is:
(a) an authorized organization whose name and identification number are
permanently and prominently marked on its equipment and which has
received prior written permission to sell, lease or donate from the board; or
(b) a licensed games of chance supplier whose devices, supplies and equipment
have been permanently and prominently marked with its name or an approved logo.
The provisions of subdivision (a) of this section shall not be construed so
as to authorize or permit an authorized organization to engage in the
business of selling or leasing games of chance devices, supplies or
equipment. All sales and lease agreements between two authorized
organizations shall be approved in writing by the board prior to
the sale or leasing of such devices, supplies or equipment.
§ 5623.2 Standard of
conduct of games prescribed.
Every licensed authorized organization shall so supervise, regulate and conduct
games of chance, in accordance with the Games of Chance Licensing Law and this
Chapter, so as to afford and ensure all players a fair opportunity to win and
to eliminate any influence which has or may have as its purpose the predetermination
or selection of any individual winner or winners, loser or losers.
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PART 5624
FINANCIAL STATEMENT OF GAMES OF CHANCE OPERATIONS
§ 5624.1 Financial statement form.
(a) The financial statement of games of chance operations required by ordinances or
local laws, State laws and this Chapter shall be on form GC-7, which is hereby
approved and adopted by the board. The licensee shall execute and file the
original of the report with the clerk or department, a copy with the board, and
when applicable, a copy with the chief fiscal officer of the county, within
seven days after the conclusion of each license period. The licensee shall
retain a copy of the report for its permanent records. When the authorized
organization has been licensed to sell bell jar tickets, coin boards,
merchandise boards and seal cards, it shall, within 15 days after the end of
each calendar quarter during which such tickets have been purchased and sold by
the licensee, prepare and file a statement of such information on form GC-7Q,
which is hereby approved and adopted. The licensee shall execute and file the
original of the quarterly report with the board. The licensee shall retain a
copy of each report for its permanent records. Within 30 days after the
conclusion of an occasion during which a raffle was conducted, the authorized
organization conducting such raffle and the members in charge of such raffle,
and, when applicable, the authorized games of chance lessor which rented its
premises therefor, shall each furnish to the clerk or department and the board a
statement of such information on form GC-7R, which is hereby approved and
adopted, subscribed by the member in charge and affirmed by him as true, under
the penalties of perjury, showing the number of tickets printed, the number of
tickets sold, the prize, and the number of tickets returned to or retained by
the authorized organization as unsold, a description and statement of the fair
market value for each price actually awarded, the amount of the gross receipts
derived therefrom, each item of expenditure made or to be made other than
prizes, the name and address of each person to whom each such item of expense
has been paid, or is to be paid, a detailed description of the merchandise
purchased or the services rendered therefor, the net proceeds derived from the
raffle at such occasion, the use to which the proceeds have been or are to be
applied and 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, provided however, where the cumulative net proceeds or net profits
derived from the conduct of a raffle or raffles are less than $30,000 during any
one occasion, in such case, the reporting requirement shall be satisfied by the
filing within 30 days of the conclusion of such occasion a verified statement on
a form prescribed by the board attesting to the amount of such net proceeds or
net profits and the distribution thereof for lawful purposes with the clerk or
department and a copy with the board. The licensee shall retain a copy of such
statement for its records. Any authorized organization required to file an
annual report with the Secretary of State pursuant to article 7-A of the
Executive Law or the Attorney General pursuant to article 8 of the Estates,
Powers and Trusts Law shall include with such annual report a copy of the
statement required to be filed with the clerk or department.
(b) Notwithstanding the filing requirements set
forth in this Part, an authorized organization that has met the
self-determination requirements of section 5601.1(c) of this Title may conduct a
raffle without complying with such filing requirements, provided, that such
organization shall derive net proceeds from raffles in an amount less than
$5,000 during the conduct of one raffle
and shall derive net proceeds from raffles in an amount less than $20,000 during
one calendar year. Such authorized
organizations are not relieved of any other financial reporting and
recordkeeping requirements of local, state or federal laws or rules regarding
the receipt and expenditure of monies, including but not limited to the
Not-For-Profit Corporations Law.
§ 5624.2 Cash control report.
Every licensee shall attach and file with its financial statement an additional
statement (form GC-7B, which is hereby approved and adopted by the board) setting
forth receipts relating to each type of game of chance and the names of the workers.
The records setting forth the calculation of the receipts shall be retained by the
licensee for its permanent records, together with form GC-7B, for a period of not less than four years.
§ 5624.3 Additional license fee.
Upon the filing of the financial statement of games of chance operations
(form GC-7) and attachment, the licensee shall pay to the clerk or department or,
where applicable, the chief fiscal officer of the county, as an additional license
fee, a sum in the amount of five percent of the reported net proceeds, if any,
for the license period covered by such statement. In the case of raffles, the
licensee, upon filing the financial statement of raffles operations, shall pay
to the clerk or department or, where applicable, the chief fiscal officer of
the county, as an additional license fee, a sum in the amount of two percent
of the reported net proceeds, if any, for that portion of the license period
covered by such statement. Where the cumulative net proceeds or net profits
derived from the conduct of a raffle or raffles are less than $30,000 during
any one occasion, in such case, the reporting requirement shall be satisfied
by the filing within 30 days of the conclusion of such occasion a verified
statement on a form prescribed by the board attesting to the amount of such
net proceeds or net profits and the distribution thereof for lawful purposes
with the clerk or department and a copy with the board. No fee shall be
required where the net proceeds or net profits derived from the conduct of
a raffle or raffles are less than $30,000 during any one occasion. An organization
that has filed a verified statement with the clerk or department and the board
attesting that such organization shall derive net proceeds or net profits from
raffles in an amount less than $30,000 during one occasion or part thereof
that in fact derives net proceeds or net profits exceeding $30,000 during any
one occasion or part thereof shall be required to obtain a license as required
by this Title and shall be subject to the reporting requirements and additional
license fees required by this Part. In the case of bell jars, the licensee,
upon filing financial statements of bell jar operations (form GC-7Q) with the
board shall also tender to the board a sum in the amount of five percent of
the net proceeds as defined in this Part, from the sale of bell jar tickets,
if any, for that portion of license period covered by such statement. For
the purposes of this section, net proceeds shall mean the difference
between the ideal handle from the sale of bell jar tickets, coin boards,
merchandise boards and seal cards, less the purchase price to the licensee
of the bell jar tickets, coin boards, merchandise boards and seal cards
and the amount of money paid out in prizes. Additionally, a credit shall be
permitted against the net proceeds fee tendered to the board for unsold
tickets of the bell jar deal as long as the unsold tickets have the same
serial number as the tickets for which the fee is rendered. Such unsold
tickets must be kept on file by the selling organization for inspection
by the board for a period of one year following the date upon which the
relevant financial statement was received by the board.
§ 5624.4 Notification
when no games are played.
When no games are held on any date when a license authorizes them to be held,
a notification to that effect must be filed with the clerk or department, the officer and the board.
§ 5624.5 Statements delinquently filed.
(a) The municipal governing body shall not issue a further license
to an authorized organization found to be delinquent in filing its
financial statement of games of chance operations, its financial statement
of raffle operations or its financial statement of bell jar operations.
In the case of bell jars, upon such finding by the board and upon written
notification by the board, to the municipal governing body, the municipal
governing body shall forthwith suspend any existing license and cancel the
unexpired term thereof pursuant to the provisions of Part 5626 of this Title.
(b) If a licensee fails to file a financial statement of games of chance
operations, financial statement of raffle operations or financial statement
of bell jar operations, as required by this Part, within five days after
notification by the municipal governing body or the board of delinquency,
its license may be suspended pursuant to the provisions of Part 5626 of this Title.
§ 5624.6 Statements defectively filed.
If the financial statement of games of chance operations, financial statement of
raffle operations or financial statement of bell jar operations filed by a licensee
is not properly verified, or not fully, accurately and truthfully completed, no
further license shall issue to it, and any existing license may be suspended pursuant
to the provisions of Part 5626 of this Title.
§ 5624.7 Nongames of chance
books and records available for examination.
Before any games of chance funds are expended for noncharitable purposes,
the licensee organization shall utilize all other sources or potential sources
of income to discharge such noncharitable and operating expenses ordinarily incurred.
Any licensee organization which is disbursing games of chance funds for noncharitable
purposes shall make its general fund and all other books and records available for
examination by the board or the municipal governing body or their representatives upon request.
§ 5624.8 Special games
of chance and bell jar account.
(a) For games of chance, bell jar, and for raffle ticket proceeds that exceed
$30,000 per calendar year, each licensee must maintain a regular checking
account as its games of chance account, which shall be designated the "special
games of chance account." Into this account shall be deposited all and only
monies received from admission charges, total profits from games other than
merchandise wheels, total cash receipts from merchandise wheels, receipts
from the sale of raffle tickets and bell jar tickets, coin boards, merchandise
boards and seal cards, and cash bank if such cash bank monies were initially
withdrawn from this account. Receipts from the sale of food and refreshments
or alcoholic beverages shall not be deposited into this account. Deposits
shall be made intact and no later than the next business day following the
date of a games of chance license period, excluding raffles bell jars (which
shall include coin boards, merchandise boards and seal cards), deposits for
which shall be made no later than Wednesday of each week, except when such
day is a holiday, in which case said deposit shall be made on the next
business day. In the case of bell jars and raffles, each licensee is encouraged
to maintain a separate regular checking account which shall be designated the
"special raffle account" or "special bell jar account." Into this account
shall be deposited all and only monies derived from the sale of raffle tickets
or bell jar tickets, respectively. Deposits shall be made no later than
Wednesday of each week, except when such day is a holiday, and in that case
said deposit shall be made on the next business day.
(b)In cases where licensed authorized organizations have submitted a verified
statement form GCVS-1 in lieu of a raffle license application, and the licensee
in fact does not derive raffle proceeds in excess of $30,000 in a single occasion,
the member in charge shall declare, under the penalties of perjury, on the
verified statement of raffle operations GCVS-2 required under section 5624.1
of this Part, that the proceeds have been deposited into a bank account
maintained solely by the authorized organization to be dispersed only for
lawful expenditures permitted under section 5624.21 of this Part.
§ 5624.9 Method of withdrawal.
All monies withdrawn from the "special games of chance account," "special raffle account"
or "special bell jar account" shall be only by checks having preprinted consecutive
numbers, signed by at least two duly authorized officers of the licensee and made
payable to a specific person, firm, partnership or corporation with the purpose
specified on the check stub; and at no time shall a check be made payable to cash.
All checks must be accounted for in the appropriate part of the financial statement
of games of chance operations (form GC-7), financial statement of raffle operations
(form GC-7R) or financial statement of bell jar operations (form GC-7Q), including voided checks.
§ 5624.10 Purposes of withdrawal.
Monies withdrawn from the "special games of chance account," "special raffle account"
or the "special bell jar account" shall only be for one or more of the following purposes:
(a) the payment of necessary and reasonable expenses incurred in
connection with the conduct of games of chance, raffles and bell jars,
which shall consist of: purchase, rental or repair of games of chance,
raffles and bell jar supplies and equipment; rent, if the premises
where games of chance are conducted are rented; bookkeeping or
accounting services according to the schedule of compensation
prescribed by the board; janitorial services; guard services;
utility supplies; license fees; the cost of bus transportation,
if authorized by the clerk or department; and any other expenses
solely and directly applicable to games of chance, raffles and bell jars;
(b) the disbursement of net proceeds derived from the conduct of
games of chance, raffles and bell jars for one or more of the
lawful purposes defined in the Games of Chance Licensing Law and
this Chapter, regulations and section 5624.21 of this Part;
(c) the transfer of net proceeds derived from the conduct of games
of chance, raffles and bell jars into one or more interest-bearing
accounts, pending a disbursement for one or more of the lawful
purposes defined in the Games of Chance Licensing Law and section 5624.21 of this Part.
§ 5624.11 Direct
disbursement from interest account prohibited.
The disbursement of net proceeds on deposit in an interest-bearing account
for one or more lawful purposes shall be made by transferring the amount
of the intended disbursement back into the "special games of chance account,"
"special raffle account" or "special bell jar account" and then withdrawing
the amount therefrom in the manner prescribed in section 5624.9 of this Part.
§ 5624.12 Commingling prohibited.
The commingling of monies derived from the conduct of games of chance with
any other funds of the licensee is prohibited.
§ 5624.13 Bookkeeping system required.
Each licensee shall maintain a single-entry bookkeeping system for the purpose
of recording all receipts and expenditures in connection with the conduct of
games of chance and the disbursement of net proceeds derived therefrom.
Such bookkeeping system shall consist of a columnar book prepared in the
manner shown in Exhibits 1 and 2 (Appendix T-2 of this Title) and shall be
maintained on a calendar- or fiscal-year basis. In the case of raffles and
bell jars, each licensee shall maintain a single-entry bookkeeping system
for the purpose of recording all receipts and expenditures in connection
with the conduct of raffles and bell jars and the disbursement of net
proceeds derived therefrom. Such bookkeeping system shall consist of a
columnar book maintained on a calendar-year or fiscal-year basis.
The functions of bookkeeper and duly authorized signer of checks shall not be performed by the same persons.
§ 5624.14 Books and records
available for examination.
The books of account shall be kept up-to-date. The columnar books, deposit books,
savings account passbooks, cancelled checks, checkbooks, deposit slips, bank
statements and copies of financial statements of games of chance operations
(form GC-7), financial statements of raffle operations (form GC-7R)
and financial statement of bell jar operations (form GC-7Q) for the previous
18 months, and all other books of account, shall be available at all games of
chance license periods and other reasonable times for examination by the board,
clerk or department and officer or their representatives. The books of account
and all documents supporting the entries made in the books of account shall be
kept by the licensee for a period of not less than four years.
§ 5624.15 Financial report to membership.
Each licensee shall require its treasurer or its duly designated officer to report
in writing to its chief officer and membership, at least once a month, the number
of games of chance license periods played, the number of raffles conducted, the
number of bell jar deals sold since the last report and the net profit or loss
from the operation of each games of chance license period, raffle and bell jar deal.
The chief officer shall require monthly deposit slips, bank statements, checking
accounts and bankbooks to be exhibited at each such meeting, and such items shall
be open to individual membership inspection. Such information must be incorporated
in the minutes or proper records of each licensee. Where a licensee is an auxiliary
or an affiliate of a parent organization, a copy of the written report shall be filed
with the executive officer of the parent organization and incorporated in its minutes.
§ 5624.16 Deposit of games
of chance, raffles and bell jar funds.
All monies must be deposited and kept in banks located within the boundaries of New York
State. When said monies are deposited into a checking account, the account shall be
designated "special games of chance account" when deposited into an interest-bearing
account, certificate of deposit or federally insured money market account, the account
or certificate shall be designated "special games of chance savings account." Every
licensee shall designate its president or chief officer to receive from the bank the
monthly statements, cancelled checks of the special games of chance, special raffle
and special bell jar accounts and the records of all other games of chance accounts
who shall verify and reconcile the GC-7's, GC-7Q's and GC-7R's, original bank deposit
slips, books and records with the treasurer at least monthly.
§ 5624.17 Expenditure of
funds after cessation of games of chance.
An organization which has ceased to conduct games of chance for any reason, and
has unexpended games of chance funds, shall:
(a) disburse said funds for lawful purposes within a period of one year
after the cessation of the conduct of games of chance; or
(b) disburse said funds in accordance with a plan of expenditure approved in advance by the board.
§ 5624.18 Financial statement
to be filed by lessor.
A licensed authorized games of chance lessor shall execute and file a financial
statement of rental income on form GC-9, which is hereby adopted by the board.
The original of the form shall be filed with the licensing authority and one
copy with the board.
§ 5624.19 Time for filing
lessor financial statement.
Licensed games of chance lessors shall file form GC-9 with the licensing authority
and board within seven days after the conclusion of each leased license period.
§ 5624.20 Special games of chance
rental account.
Each licensed authorized games of chance lessor shall maintain a games of chance
rental account, which shall be designated the "special games of chance rental account"
and which shall be in the form of a regular checking account. Into this account shall
be deposited all, and only, monies received from rentals of premises for the conduct
of games of chance. All disbursements related to the rental of premises for the conduct
of games of chance and for lawful purposes shall be made from this account.
§ 5624.21 Lawful expenditures.
(a) Expenditures solely and directly applicable to games of chance.
The expenditures listed in this subdivision do not require the prior approval
of the board and must simply be reported in part B on form GC-7 and GC-7R, where applicable:
(1)Equipment and supplies. Purchase and rental of games of chance
equipment, tables and chairs, dice, cards, games of chance currency, etc.
(2) Rent. Rent paid to licensed games of chance lessors.
(3) Services. Janitorial and custodial services, guard service, preparation
of GC-7's and GC-7R's and maintaining a monthly bookkeeping system.
(4) License fees. All amounts paid to the municipality. Additional license
fees must be reported in part C on form GC-7 and GC-7R, and part B on form GC-7Q.
(5) Other Expenses. Printing of games of chance forms; house rules,
postage for games of chance purposes; fidelity bonds for persons
responsible for games of chance funds; repairs to games of chance
equipment; advertising expenses; bank charges, etc.
(b) Expenditures for worthy causes. Expenditures for the following items,
which do not require prior board approval, shall be reported in part E on form GC-7
and part D on forms GC-7Q and GC-7R.
(1) Charitable. Donations to nationally or locally recognized charitable organizations.
(2) Patriotic. Contributions to or participation in patriotic, civic
and community projects, such as Veterans' Day activities, Memorial
Day and Independence Day observances, memorials, etc.; uniforms,
instruments and traveling expenses for bands which participate in
civic, patriotic and community activities.
(3) Youth activities. Donations for nationally or locally recognized
youth athletic, recreational and civic programs.
(4) Educational. Contributions for open scholarships, where recipients
are not limited to children of the licensee, its auxiliary or affiliate
and selection committee is not dominated by members of the licensee,
its auxiliary or affiliate; teachers salaries; exchange student funds;
books for libraries and equipment for schools or other educational organizations.
(5) Religious. Contributions or expenditures for religious purposes
and activities such as clerics' salaries, maintenance of religious
buildings, and the purchase of religious supplies.
(6) Fire-fighting activities and volunteer ambulance corps. Expenditures
incurred in providing services in case of fire, accidents, sudden
severe illness, public calamity or other emergencies; purchase
of vehicles, apparatus, equipment and uniforms; attending training
schools and inspections; participation in drills and exhibitions;
membership fees of licensee in fire-fighting and emergency medical technician associations.
(7) Veterans activities which 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 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 189 of the General Municipal Law
and the board's rules.
(c) Guidelines for all other expenditures. All expenditures must be
reasonable, justifiable and directly related to carrying out one or more
of the licensee organization's lawful purposes, as defined in section 186,
subsection 5 of the General Municipal Law.
(1) An organization exclusively engaged in any of the above enumerated
"worthy causes" does not need prior written approval from the board
regarding expenses directly related to carrying out one or more of its
lawful purposes, with the exception of those expenses listed in
paragraph (4) of this subdivision.
(2) Regarding certain types of licensee organizations, such as fraternal
and service organizations, the board requires that at least one third
of the net profits derived from games of chance be expended for the
above enumerated "worthy causes" before any games of chance funds
may be disbursed for the licensee organization's operating expenses.
This one third donation rate is calculated on a calendar-year basis
and any deficiency will be cumulative. It is incumbent upon each
licensee to periodically review its contribution record. If the
provisions of this Subtitle are not strictly adhered to, the licensed
organization shall be prohibited from disbursing any of its games of
chance funds for other than "worthy causes" without obtaining the
prior written approval of the board.
(3) Expenditures requiring no written approval. The following regulations
apply to the operating expenses of licensed fraternal and service organizations:
(i) materials and labor for repairs which are necessary for
normal maintenance, including electrical, roofing, heating,
hardware, paint, lumber, etc. However, such expenditures are
limited to $10,000 in the aggregate in a calendar year. Such
expenditures, when in excess of $10,000, require prior written
permission from the board;
(ii) janitorial and custodial salaries, including all payroll taxes;
(iii) supplies, such as cleaning materials, brooms, shovels, floor wax, paper supplies, etc.;
(iv) utilities, including light, heat, power and water;
(v) rubbish removal;
(vi) insurance, including fire, workers' compensation, public liability,
burglary, robbery and property damage;
(vii) real estate taxes;
(viii) snow removal charges;
(ix) telephone charges;
(x) printing and mailing charges; and
(xi) legal, accounting or other professional fees not exceeding
$5,000 per calendar year.
(4) Expenditures requiring prior written approval (submit an
"Application for Permission to Disburse Net Proceeds of Games of
Change" GC-317, to board's office). Organizations of veterans shall
file with the board a copy of the minutes of the meeting of the
membership authorizing any of the expenditures below in lieu of filing a GC-317:
(i) mortgages;
(ii) rent paid by licensee organization for use of property for its activities;
(iii) new buildings, additions, renovations or repairs in excess of $10,000 per calendar year;
(iv) purchase of air conditioning units, furniture, furnishings,
office and kitchen equipment and motor vehicles;
(v) repair, maintenance and acquisition of parking lots;
(vi) salaries, other than those authorized in paragraphs (a)(3)
and (b)(5) of this section and subparagraph (3)(ii) of this
subdivision; and
(vii) legal, accounting or other professional fees exceeding $5,000
per calendar year.
(d) Disapproved expenditures. All types of licensee organizations may
not use games of chance funds for the following, except that organizations
of veterans shall file with the board a copy of the minutes of the meeting
of membership authorizing any of the expenditures below:
(1) entertainment or social activities for the benefit of members
of licensee organization, its auxiliary or affiliate. At all times
it should be borne in mind that the use of games of chance funds
for the exclusive benefit of members of the licensee organization,
its auxiliary or affiliate is unlawful and prohibited;
(2) welfare, sick or death benefit funds for members and families;
(3) dues and assessments;
(4) gifts or loans to members of licensee organization, its auxiliary or affiliate;
(5) convention expenses for delegates of licensee organization, its auxiliary or affiliate;
(6) any and all expenses connected with bars and the dispensing of alcoholic beverages;
(7) TV or other amusement devices for use of licensee organization, its auxiliary or affiliate;
(8) expenses and salaries connected with other fund raising activities
such as the operation of food service facilities and concessions; or
(9) tickets purchased from profit or not-for-profit organizations,
such as raffle or theatre tickets, for use by members.
(e) Interest-bearing accounts.
(1) Pending disbursement, games of chance funds may be transferred
from the special games of chance checking account into one or more
interest-bearing accounts. At present the board allows transfer
only into savings accounts, money market accounts and certificates
of deposit insured by the U.S. Government, and U.S. Treasury Bills.
Monies transferred remain part of the unexpended balance of games
of chance funds and any account into which the games of chance funds
are transferred shall be designated a "special games of chance account."
Advance approval by the board of such transfers is not required, however,
a memo covering each transfer should accompany the appropriate financial
statement. Such memo shall reflect the date, check number, amount
and complete description of the account into which the games of chance
funds have been transferred, including bank name, address,
telephone number and account number.
(2) No expenditures may be made directly from an interest-bearing account.
The funds must be redeposited in the special games of chance account,
and disbursed in accordance with section 5624.9 of this Part.
(3) The board frequently receives inquires concerning the establishment
of a building fund. Such building fund must be established in accordance
with provisions of paragraph (1) of this subdivision. Before the monies
in such building fund can be used, it is required that the licensee
submit form GC-317 and receive approval from the board. Organizations
of veterans shall file with the board a copy of the minutes of the
meeting of the membership authorizing the establishment of a building
fund in lieu of filing a GC-317. The funds must be redeposited into
the special games of chance checking account before being disbursed.
(4) All interest earned by interest-bearing accounts shall be considered
part of the unexpended games of chance balance and shall be reported at
least once a year in part E-4 of form GC-7, part C-3 on form GC-7Q and
part D-4 of form GC-7R.
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PART 5625
CONDUCT OF GAMES BY SENIOR CITIZEN ORGANIZATION
Sec.
5625.1 Conduct of games by senior citizen organization
§ 5625.1 Conduct of games by senior citizen organization.
An organization of senior citizens which has obtained an identification number
from the board may conduct games of chance with:
(a) scrip, chips or tokens;
(b) maximum aggregate prize of $10 for each type of game, which shall
be distributed to the highest accumulator or accumulators of scrip, chips or tokens;
(c) no more than five types of games of chance shall be conducted during any session; and
(d) shall not conduct games of chance more than 12 times in any calendar year.
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PART 5626
HEARINGS
§ 5626.1 Proceedings respecting
licenses issued pursuant to Games of Chance Licensing Law.
Proceedings to fine, suspend or revoke a license issued pursuant to the Games
of Chance Licensing Law may be instituted either by the clerk, department or
the board, on its own initiative or on complaint of any person, including
any public official or agency.
§ 5626.2 Proceedings respecting
identification numbers issued pursuant to Games of Chance Licensing Law.
Proceedings to suspend or revoke an identification number issued pursuant to
the Games of Chance Licensing Law may be instituted by the board, on its own
initiative or on complaint of any person, including any public official or agency.
§ 5626.3
Licensee to be informed of revocation proceedings.
Notice of proceedings to suspend or revoke a license or levy a fine shall
be in writing to the licensee informing it of the grounds thereof and the
date and place set for hearing thereon.
§ 5626.4 Notice of hearing.
The clerk, department or board, as the case may be, shall cause the notice
of hearing to be served personally upon an officer of the licensee or a
member in charge of games of chance, or to be sent by certified mail to
the licensee at the address shown in the registration or application for
license. Notices of hearing shall be mailed or served personally not less
than five days prior to the date set forth in said notice for the holding
of said hearing, unless the board, in its discretion, shall shorten the time fixed herein.
§ 5626.5 Persons to appear.
Any person who would be aggrieved by the determination of the clerk, department
or board may appear and be heard in person or by duly appointed representative,
and may produce, under oath, evidence relevant and material to the charges
preferred. A duly authorized representative of the licensee must appear in
person on the date set forth in the notice of hearing and on all adjourned
dates. The failure of the licensee to appear will result in a determination
by the clerk, department or board by default.
§ 5626.6 Pleas to the charges.
(a) In answer to the charges set forth in the notice of hearing, the
licensee shall be afforded an opportunity to plead thereto on or before
the date fixed for the hearing.
(b) The licensee shall plead either "not guilty" or "no contest." If a
plea of "not guilty" is entered, a date for hearing will be scheduled.
If a "no contest" is entered, a determination will be made by the board in due course.
§ 5626.7 Suspension prior to hearing.
The board, by any two members thereof or a duly designated hearing officer,
or the clerk, department or officer, may, at any time during the course of
a hearing, inquiry or investigation, suspend any license issued pursuant
to the Games of Chance Licensing Law, without hearing, if, in its judgment,
the continuance of the licensed activity is contrary to law or inimical to
the public interest. Upon suspension, the clerk, department or board shall
forthwith inform the licensee in writing of the grounds thereof and the
date and place set for hearing thereon, said hearing to be held within
a reasonable time after suspension.
§ 5626.8 Hearings open to public.
All hearings on suspension and revocation of licenses or identification
numbers or imposition of fines, held by the board, shall be open to the public.
§ 5626.9 Clerk or
department to make written findings.
When proceedings respecting the suspension or revocation of licenses or
imposition of fines are begun before the municipal governing body which
issued the license, it shall hear the matter and make written findings
in support of its decision. The licensee and the board shall be notified
immediately in writing of the decision and, in the event of a suspension,
revocation or imposition of fine, the effective date thereof.
§ 5626.10 Procedure
prescribed for the board.
When proceedings respecting the suspension or revocation of licenses
or identification numbers or imposition of fines are begun before the board,
it shall dispose of the proceedings in the same manner as in the case of an
appeal from a determination or action of the municipal governing body. Both
the licensee and the governing body issuing the license shall be notified
immediately in writing of the decision and, in the event of a suspension,
revocation or fine, the effective date thereof.
§ 5626.11 Hearing upon
application for new license or reinstatement.
Any person, firm, corporation or organization, licensed pursuant to the
Games of Chance Licensing Law, which has had its license or identification
number revoked, shall appear at a hearing before whichever authority revoked
the license or identification number at the time of making application for a
new license or identification number, or for reinstatement of either or both.
Application shall be made for reinstatement of the identification number prior
to making application for a games of chance license.
§ 5626.12 Persons
authorized to conduct hearings.
Hearings before the board shall be conducted by the chairman, another
member of the board, or a duly designated hearing officer. The person
conducting the hearings shall rule upon matters of procedure and the
introduction of evidence, and shall otherwise conduct the hearing in
such manner as to preserve fundamental concepts of fairness and to
effectuate the purposes and provisions of the Games of Chance Licensing
Law and this Subtitle. At the conclusion of the hearing conducted by a
hearing officer, he shall make his findings as to whether the evidence
sustained the charges or any of them, shall designate which charges he
has found sustained by the evidence and shall, at his option, recommend
to the board the action to be taken against the licensee. The stenographic
record of the hearing shall be referred, together with the hearing officer's
findings and recommendation, if any, for consideration by the board at
a meeting duly held by it.
§ 5626.13 Rules of evidence.
(a) The rules of evidence governing proceedings in the courts of
the State shall be rigidly enforced in hearings before the board and,
unless objection is made and duly noted in the stenographic record
of a hearing, all evidence appearing in the stenographic record shall
be deemed to have been validly introduced for the consideration of the board.
(b) The introduction of cumulative evidence shall be avoided, and the
person conducting the hearing may curtail the testimony of any witness
which he judges to be merely cumulative; however, the party offering
such testimony may make a short avowal of the testimony which would be
given if the witness asserts that such avowal is true. This avowal shall
be made a part of the stenographic record.
§ 5626.14 Stenographic record.
An accurate stenographic record shall be kept of the testimony of all witnesses.
A copy of any testimony given by a witness shall be made available to him or
any other person having a legitimate interest in such testimony upon application
to the board and at the expense of the applicant.
§ 5626.15 Penalties.
Upon the finding of a violation of the Games of Chance Licensing Law,
the ordinances or local laws or this Subtitle, or any of these, such
as would warrant a fine, suspension or revocation of a license or an
identification number, the municipal governing body or the board,
whichever made such finding, may declare the violator ineligible to
apply for a license under said laws for a period not exceeding 12
months thereafter. Such declaration of ineligibility may be extended
to include, in addition to the violator, any of its subsidiary organizations,
its parent organization or those otherwise affiliated with the violator
when, in the opinion of the municipal governing body or the board, the
circumstances of the violation warrant such action.
§ 5626.16 Surrender
of license when revoked or suspended.
When a license is suspended or revoked, the licensee shall surrender
its license to the municipal governing body or the board, whichever
revoked or suspended the same, on or before the effective date of the
suspension or revocation. No license shall be valid beyond the effective
date of the suspension or revocation of such license.
§ 5626.17 Subpoenas.
At the request of any party to a hearing, and for good cause shown,
the board shall issue subpoenas for the attendance of witnesses and
the production of books, records and other documents.
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PART 5627
APPEALS TO THE RACING AND WAGERING BOARD
§ 5627.1 Filing of notice of appeal.
Upon the taking of an appeal, as provided by the Games of Chance Licensing
Law, from any action or determination of the municipal governing body denying,
suspending, revoking a license or levying a fine, the party aggrieved shall
file with the municipal governing body an original and copy of a notice of
appeal within 30 days of the action or determination appealed from.
§ 5627.2 Contents of notice.
The notice of appeal shall set forth in detail the specific ground or grounds upon which the appeal is based.
§ 5627.3 Forwarding of
original notice to board.
The municipal clerk or licensing department shall forward the original of notice
to the board within three days after its filing.
§ 5627.4 Filing of a statement of appeal.
Within 15 days after the filing of the notice of appeal, the party aggrieved
shall file with the board an original and a copy of a statement of appeal,
with an admission or affidavit of service upon the municipal governing body.
§ 5627.5 Contents of statement.
The statement of appeal shall set forth, in separately numbered paragraphs:
(a) the specific nature of the claimed error or errors;
(b) a narrative of the facts presented to the municipal governing
body upon which the determination or action was based;
(c) a narrative of any additional facts, not presented to the
municipal governing body, which the party appealing requests
be considered on the appeal, together with an explanation why
such additional facts were not presented to the municipal body;
(d) a true copy of all transcribed testimony taken at all prior hearings and proceedings; and
(e) argument on facts and the law.
There shall also be affixed a copy of the original charges and a copy
of the findings and determination of the municipal governing body and a copy of the license, if any.
§ 5627.6 Content and
filing of counterstatement.
Within 20 days after service upon it of the statement of appeal, the municipal
governing body shall file with the board an original and a copy of a
counterstatement of appeal, with an admission or affidavit of service
upon the party appealing which shall set forth the facts in the statement
of appeal that are disputed. There shall be an assertion as to any disputed
fact, together with a narrative of any additional facts, not originally
presented to the municipal governing body, which it requests be considered
on the appeal. The counterstatement of appeal may also set forth argument
on the facts and the law. On or before the filing thereof, a copy of the
counterstatement of appeal shall be served upon the party aggrieved.
§ 5627.7 Proofs
annexed to counterstatement.
The counterstatement of appeal shall have annexed, in the form of affidavits and exhibits,
proof in support of:
(a) any disputed facts; and
(b) any additional facts not presented to the municipal governing body.
§ 5627.8 How papers may be filed.
Filing of the foregoing papers with the board at its office in Albany,
or in New York City, may be either by personal service or by certified
mail, return receipt requested.
§ 5627.9 Notice of hearing.
Upon receipt of the counterstatement of appeal, the board shall notify
the parties thereto of the date and place fixed for hearing the appeal,
and each party must indicate to the board and to the opposing party,
by written notice, within five days:
(a) whether the appeal is to be submitted on the appeal papers; or
(b) whether oral argument is desired; and
(c) whether any party desires to examine any person making an affidavit
on which another party relies, and the name or names of such persons.
§ 5627.10 Cross-examination of affiant.
Whenever any person making an affidavit is to be cross-examined at the
hearing on appeal, the party relying on his affidavit shall produce the
witness at the hearing and, in default thereof, the affidavit shall not
be considered in the determination of the appeal.
§ 5627.11 Additional
testimony may be allowed.
The board may, upon application of any party, for good cause shown, allow
the production at the hearing of additional witnesses and evidence in
support of any facts material to the determination of the appeal.
§ 5627.12 Subpoenas.
At the request of any party to an appeal, and for good cause shown,
the board shall issue subpoenas for the attendance of witnesses and
the production of books, records and other documents.
§ 5627.13 Stenographic
record of proceedings.
Whenever oral testimony of witnesses is taken at the hearing of an appeal,
an accurate stenographic record shall be kept of the testimony of all witnesses.
A copy of any testimony given by a witness shall be made available to him
or any other person having a legitimate interest in such testimony, upon
application to the board and at the expense of the applicant.
§ 5627.14 Adjournment of hearing.
Hearings may be adjourned by the board from time to time at the
request of any party to the appeal, but only for good cause shown.
Hearings shall be held and concluded without unreasonable delay.
§ 5627.15 Conduct of appeal hearing.
Appeal hearings shall be conducted by the chairman or another member
office of the board, or a duly designated hearing officer.
§ 5627.16 Recording
determination of appeal.
Upon the determination of an appeal, the board shall state its findings
and record the vote of the members participating therein. All parties
shall be notified by the board of its determination, and shall be furnished a copy of the findings.
§ 5627.17 Assistance of counsel.
Parties to an appeal may be represented by counsel; provided, however,
the attorney shall be a member in good standing of the bar of the State of New York.
§ 5627.18 Authority
of person acting in representative capacity.
Any person appearing before the board in a representative capacity shall be
required to establish his authority to act in such capacity.
§ 5627.19 Stay without court order.
The board shall have discretion to stay all proceedings to enforce any
action, determination or order appealed from, upon written application
to it by the party aggrieved and for good cause shown by affidavit of the moving party.
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