Title 9 Part 4622

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 commission 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.

Minors.

Restriction on participation.

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.

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.

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:

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 commission. 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.

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 commission and the municipal governing body, and the officers, agents and employees thereof.

Ownership of devices and equipment.

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.

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.

Maximum value of prizes offered.

The maximum sums or values for particular forms of games of chance are set forth in General Municipal Law sections 189(5), 189(6) and 189(8). One or more signs limiting the wager to the amount designated for each type of game shall be displayed prominently in each playing area. In the case of bell jars, the applicable flare or flares shall be displayed in each playing area.

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 or given as a prize in any game of chance.

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.

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.

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.

Unapproved buildings.

No games of chance shall be held in any building that has not been approved by the municipal governing body for public assembly, or as otherwise required by law.

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.

Badges.

The member in charge and those assisting such member in charge shall wear badges approved by the commission containing the name, signature and address of the wearer, the name of the organization for which the wearer is working, the name of the organization of which the wearer is a member, and wearer’s photograph. Each member shall also have in such member’s possession valid identification containing such member’s name and address, which must be exhibited upon the request of a representative of the commission or municipality.

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 at any time during such license period.

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, other than accepting a personal check as authorized by General Municipal Law section 195-d(3).

Operation of bank.

Sale and consumption of alcoholic beverages.

If otherwise permitted by the Alcoholic Beverage Control Law or other applicable law, 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, if otherwise permitted by the Alcoholic Beverage Control Law or other applicable law. One or more signs setting forth the restrictions of this section shall be displayed prominently in each playing area.

Rules and bulletins available at games.

The rules, regulations and bulletins of the commission shall be available at all license periods for examination by players.

Qualifications of members in charge and assistants.

As set forth in General Municipal Law sections 189(10) and 195-c,

Advertising games of chance.

A licensee may advertise the conduct of games of chance as provided for in General Municipal Law section 195-e. No advertising shall include any misleading information or representations.