No prize shall exceed the sum or value of two hundred fifty dollars ($250.) in any single game of bingo.

No series of prizes on any one (1) bingo occasion shall aggregate more than one thousand dollars ($1,000.).

No person except a bona fide member of any such organization shall participate in the management or operation of such game.

No person shall receive any remuneration for participating in the management or operation of any game of bingo.

As used in this Article, the terms "municipality," "authorized organization," "lawful purposes," "net proceeds," "net lease," "authorized games of chance lessor," "prize," "authorized supplier of games of chance equipment" and "one (1) occasion" shall have the meanings designated in the definitions set forth in Article 9-A of the General Municipal Law.

As used in this Article, the following terms shall have the meanings indicated:

This Article shall also include such additional definitions of terms as set forth in Article 9-A of the General Municipal Law and any amendments thereto.

No person, firm, association, corporation or organization, other than a licensee under the provisions of this Article, shall conduct such games of chance or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided herein.

No person except a bona fide member of a licensed organization, its auxiliary or affiliated organization shall participate in the management or operation of such games.

No person shall receive any remuneration for participation in the management of any such games.

No game shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on a basis of a percentage of the receipts or net profits derived from the operation of such games.

No authorized organization licensed under the provisions of the Article shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance other than from a licensed supplier or from another authorized organization.

The entire net proceeds of any game of chance and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.

No prize shall exceed the sum or value of three hundred dollars ($300.) in any operation or conducting of a single game of chance, except that for merchandise wheels and bell jars, no single prize shall exceed the sum or value of two hundred fifty dollars ($250.), nor shall any single wager exceed six dollars ($6.).[1]

Series of prizes.[2]

In addition to merchandise wheels and bell jars, no more than five (5) other single types of games of chance shall be conducted during any one (1) license period.[3]

Games of chance shall be permitted on the first day of the week commonly known and designated as "Sunday" if so provided in the license issued for the holding, operating and conducting thereof. No games of chance, however, shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.

No person under the age of eighteen (18) years shall be permitted to play any game or games of chance conducted pursuant to any license issued under this Article. No person under the age of eighteen (18) years shall be permitted to conduct or assist in the conduct of any games of chance conducted pursuant to any license issued under this Article.

No game or games of chance shall be conducted under any license issued under this Article more often than twelve (12) times in any calendar year. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and Thursday and only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday and only between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing shall also apply to a legal holiday. The above restrictions shall not apply when only the game of chance known as the "bell jar" is conducted.[4]

Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance, but the offering of all other alcoholic beverages is prohibited; provided, however, that nothing herein shall be construed to limit the sale of any other alcoholic beverage in the premises where only the game of chance known as the "bell jar" is conducted. No alcoholic beverage shall be offered or given as a prize in any game of chance.[5]

Not more than two dollars ($2.) shall be charged by any licensee for admission to any room or place in which any game or games of chance are to be conducted under any license issued under this Article. The officer or department may in its discretion fix a minimum fee.

Each winner shall be determined and each prize shall be awarded and delivered within the same calendar day as that upon which the game was played.

No game of chance conducted or to be conducted in this town shall be advertised as to its location, the time when it is to be or has been played, the prizes awarded or to be awarded or transportation facilities to be provided to such game by means of radio or sound trucks or by means of billboards or any other means addressed to the general public, except that a licensee may advertise the conduct of games of chance by means of newspaper, circular, handbill and poster, and one (1) sign not exceeding sixty (60) square feet in area may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization. When an organization is licensed to conduct games of chance on the premises of an authorized games of chance lessor, one (1) additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted. Additional signs may be displayed upon any fire-fighting equipment belonging to any licensee which is a volunteer fire company or upon any first aid or rescue squad in and throughout the community or communities served by such volunteer fire company or such first aid or rescue squad, as the case may be. 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 and the date, location and time of the event.[6]

Each applicant for a license shall, after obtaining an identification number from the New York State Racing and Wagering Board, file with the Town Clerk of the Town of Marlborough a written application therefor in a form to be prescribed by the State Board, duly executed and verified, in which shall be stated:

In each application there shall be designated not less than four (4) active members of the applicant organization under whom the game or games of chance will be conducted. Each member so designated shall execute a statement that he or she will be responsible for the conduct of such games in accordance with the terms of the license, the rules and regulations of the State Board and the provisions of this Article. Such statements shall be attached to and filed with the written application.

Each applicant for a license to lease premises to a licensed organization for the purpose of conducting games of chance therein shall file with the Town Clerk a written application therefor in a form to be prescribed by the State Board, duly executed and verified, which shall set forth the name and address of the applicant, the designation and address of the premises intended to be covered by the license sought, a statement that the applicant in all respects conforms with the specifications contained in a definition of authorized organization, as set forth in Article 9-A of the General Municipal Law, and such other information as shall be prescribed by the State Board.

The Town Clerk shall make an investigation of the qualifications of each applicant and the merits of each application with due expedition after the filing of the application.

If the Town Clerk shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this Article; that the member of the applicant designated in the application to manage games of chance is a bona fide active member of the applicant and is a person of good moral character and has never been convicted of a crime or, if convicted, has received a pardon or a certificate of good conduct; that such games of chance are to be conducted in accordance with the provisions of this Article and in accordance with the rules and regulations of the State Board and that the proceeds thereof are to be disposed of as provided by this Article; and if the Town Clerk is satisfied that no commission, salary, compensation, reward or recompense whatsoever shall be paid or given to any person holding, operating, conducting or assisting in holding, operating or conducting any games of chance, except as otherwise provided in this Article; and that no prize will be given in excess of the sum or value of three hundred dollars ($300.) in any single game of chance, except that for merchandise wheels and bell jars, no single prize shall exceed the sum or value of two hundred fifty dollars ($250.) and that the aggregate of all prizes given on one (1) occasion under said license shall not exceed the sum or value of one thousand dollars ($1,000.) during the successive operations of any one (1) merchandise wheel or bell jar; or more than four hundred dollars ($400.) when the licensed authorized organization conducts five (5) single types of games of chance; or more than five hundred dollars ($500.) when the licensed authorized organization conducts fewer than five (5) single types of games of chance, exclusive of merchandise wheels and bell jars, the Town Clerk shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee of twenty-five dollars ($25.) for each license period.[1]

If the Town Clerk shall determine that the applicant seeking to lease a hall or premises for the conduct of games of chance to an authorized organization is duly qualified to be licensed under this Article; that the applicant satisfies the requirements for an authorized games of chance lessor, as defined in Article 9-A of the General Municipal Law; that there is a public need and that a public advantage will be served by the issuance of the license; that the applicant has filed its proposed rent for each game of chance occasion; that there is no diversion of the funds of the proposed lessee from the lawful purposes, as defined in Article 9-A of the General Municipal Law; and that the leasing of a hall or premises for the conduct of games of chance is to be in accordance with the provisions of this Article and in accordance with the rules and regulations of the State Board, he shall issue a license permitting the applicant to lease said premises for the conduct of games of chance to the authorized organization set forth in the application during the period therein specified or such shorter period as the Town Clerk shall determine, but not to exceed one (1) year, upon payment of a license fee of fifty dollars ($50.).

Under this Article, no license shall be issued which shall be effective for a period of more than one (1) year.

No application for the issuance of a license to an authorized organization shall be denied by the Town Clerk until after a hearing is held, upon due notice to the applicant, at which time the applicant shall be entitled to be heard upon its qualifications and the merits of the application.

Any applicant for or holder of any license hereunder, aggrieved by any action of the Town Clerk to which an application has been made or by which a license has been issued, may appeal to the State Board from the determination of the Town Clerk by filing with the Town Clerk written notice of appeal within thirty (30) days after the determination or action appealed from, and, upon the hearing of such appeal, the evidence, if any, taken before the Town Clerk and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue. The action of the State Board upon said appeal shall be binding upon the Town Clerk and all parties to said appeal.

Any license issued hereunder may be amended upon application to the Town Clerk if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of any additional license fee as would have been payable if it had been so included.

Within seven (7) days after the conclusion of any licensed period, the authorized organization which conducted the games of chance and its members who were in charge thereof and, when applicable, the authorized organization which rented its premises therefor shall each furnish to the Town Clerk a statement subscribed by the member in charge and affirmed by him as true, under the penalties of perjury, showing the amount of the gross receipts derived therefrom, each item of expense incurred or paid, each item of expenditure made or to be made other than prizes, the name and address of each person to whom each item of expense has been paid or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from the conduct of the games of chance during the license period and the use to which such proceeds have been or are to be applied, and a list of the prizes and the values thereof offered and given. It shall be the duty of each licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each statement of receipts.

Upon filing the statement of receipts, the authorized organization furnishing the same shall pay to the Town Clerk as and for an additional license fee a sum based upon the reported net proceeds, if any, for the licensed period covered by the statement and determined in accordance with the schedule as shall be established from time to time by the State Board or the Town Clerk to defray the actual cost to the Town of Marlborough of administering the provisions of this Article, but such license fee shall not exceed five percent (5%) of the net proceeds for such license period.[1]

The Town Clerk and the State Board shall have the power to examine or cause to be examined the books and records of the following. Any information so received shall not be disclosed except for the purpose of carrying out the provisions of this Article.

No person shall operate or conduct any games of chance under any license issued under this Article except an active member of the authorized organization to which the license is issued, and no person shall assist in holding, operating or conducting any games of chance under any license except an active member or a member of an organization or association which is an auxiliary to the licensee or a member of an organization or association of which such licensee is an auxiliary or member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association. At least two (2) officers, directors, trustees or clergy of the authorized organization shall, upon request, certify under oath that the persons assisting in holding, operating or conducting any game of chance are bona fide members of such authorized organization, auxiliary or affiliated organization.

No games of chance shall be conducted with any equipment except that owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee.

No items of expense shall be incurred or paid in connection with the conducting of any game of chance pursuant to any license issued under this Article except those that are reasonable and are necessarily expended for games of chance supplies and equipment; prizes; stated rental, if any; bookkeeping or accounting services according to a schedule of compensation prescribed by the State Board; janitorial services and utility supplies, if any; license fees; and the cost of bus transportation, if authorized by the officer.

No person, association, corporation or organization lawfully conducting or participating in the conduct of games of chance or permitting the conduct upon any premises owned or leased by him or it under any license issued hereunder shall be liable to prosecution or conviction for violation of any provision of Article 225 of the Penal Law or any other law or ordinance to the extent that such conduct is specifically authorized by this Article. However, this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of games of chance under any license obtained by any false pretense or by any false statement made in any application for a license or otherwise or permitting the conduct upon any premises owned or leased by him or it of any game of chance conducted under any license known to him or it to have been obtained by any such false pretense or statement.

Any person, association, corporation or organization holding, operating or conducting games of chance shall be guilty of a misdemeanor except when operating, holding or conducting:

The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.