Requires a New York state legend to be located on all bell jar tickets sold in this state.
Sponsor: ADAMS Committee: RACING, GAMING AND WAGERING
Law Section: General Municipal Law
Law: Amd SS195-n & 186, Gen Muni L
Law Section: General Municipal Law
Law: Amd SS195-n & 186, Gen Muni L
- Jan 23, 2012: PRINT NUMBER 3689A
- Jan 23, 2012: AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING
- Jan 4, 2012: REFERRED TO RACING, GAMING AND WAGERING
- Mar 2, 2011: REFERRED TO RACING, GAMING AND WAGERING
BILL NUMBER:S3689A TITLE OF BILL: An act to amend the general municipal law, in relation to requiring a New York state legend on all bell jar tickets sold in New York State PURPOSE OF THE BILL: To amend �195-n and � 186 of the General Municipal Law to require that bell jar tickets sold in New York State contain an imprint of a legend approved by the New York State Racing and Wagering Board (the "Board"). SUMMARY OF PROVISIONS: Amends General Municipal Law � 195-n to require that licensed manufacturers of bell jar tickets imprint an approved New York State legend on all bell jar tickets sold in New York State. Amends � 186 of the General Municipal Law to require that licensed distributors who purchase bell jar tickets for resale in New York purchase and resell only tickets with the approved New York State legend. An exception is created for bell jar tickets that are banded single-sided single-tabbed, double-sided single-tabbed or folded bell jar tickets. EXISTING LAW: There is no statutory requirement for a New York State symbol or legend on bell jar tickets. PRIOR LEGISLATIVE HISTORY: This bill (with different text) was introduced in 2003 as S.3797 and referred to Racing, Gaming and wagering. 2010: S.5671A - Held in Codes STATEMENT IN SUPPORT: A New York State legend would relieve administrative burdens on volunteer organizations who conduct games of chance, licensed bell jar ticket distributors and local governments who license games of chance. All bell jar tickets sold in New York State must be approved by the New York State Racing and Wagering Board prior to sale in New York State to ensure that the game complies with games of chance statutes and the rules and regulations of the Board. There are literally thousands of different types of bell jar games that have been approved over the last fifteen years, and hundreds more that are submitted every year to the Board. In many cases, there are bell jar games that are very similar in name and appearance to an approved game when, in fact, the game has not been approved. Licensed authorized organizations may only sell bell jar tickets that have been approved by the Board. It is often difficult for such organizations, which are comprised of volunteers, to keep track of the thousands of approved bell jar tickets and discern between an approved bell jar game and an unapproved one. By requiring an approved New York State legend on approved bell jar tickets, organizations and New York State distributors could simply look at a ticket to determine if it has been approved for sale in New York, thereby reducing their respective paperwork load and erroneous purchases of unapproved tickets. Furthermore, an approval legend would be a valuable tool for law enforcement, local municipal inspectors and licensing officials who regulate games of chance. The presence of the legend would facilitate the tracking of tickets and the absence of the legend would be PRIMA FACIE evidence that the ticket is unlawful for sale. Several states have adopted the requirement of a state logo or approval statement. An exception to the requirement is created for bell jar tickets that are banded single-sided single-tabbed, double-sided single-tabbed or folded because their size makes the requirement impracticable. This exception is consistent with Hoard Rule (9 N.Y.C.R.R.) 5608.3(e), which excludes such tickets from certain construction standards applicable to other bell jar tickets. The Board would prescribe a unique seal, such as a letters "NYSRWB" configured in a unique shape or the geographic shape of New York State. BUDGET IMPLICATIONS: None. EFFECTIVE DATE: January 1 of the year following enactment.
S T A T E O F N E W Y O R K ________________________________________________________________________ 3689--A 2011-2012 Regular Sessions I N SENATE March 2, 2011 ___________ Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wager- ing -- recommitted to the Committee on Racing, Gaming and Wagering in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the general municipal law, in relation to requiring a New York state legend on all bell jar tickets sold in New York State THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 195-n of the general municipal law, as amended by chapter 637 of the laws of 1999, is amended to read as follows:
1. Distribution; manufacturers. [
For business conducted in this state, manufacturers licensed by the board to sell bell jar tickets shall sell only such tickets to distributors licensed by the board] BELL JARS MANU- FACTURED WITH A BOARD-APPROVED LEGEND MAY ONLY BE SOLD TO BOARD-LICENSED DISTRIBUTOR FOR RESALE WITHIN THE STATE. Manufacturers of bell jar tick- ets, seal cards, merchandise boards, and coin boards may submit samples, artists' renderings, or color photocopies of proposed bell jar tickets, seal cards, merchandise boards, coin boards, payout cards, and flares for review and approval by the board. Within thirty days of receipt of such sample or rendering, the board shall approve or deny such bell jar tickets. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07528-02-1 S. 3689--A 2 manufacturer who [ willfully] INTENTIONALLY violates the provisions of this section shall: (a) upon such first offense, have their license suspended for a period of thirty days; (b) upon such second offense, participate in a hearing to be conducted by the board, and surrender their license for such period as recommended by the board; and (c) 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 unli- censed manufacturer who violates the provisions of this section shall be guilty of a class E felony. S 2. Subdivision 3-a of section 186 of the general municipal law, as amended by chapter 531 of the laws of 2011, is amended to read as follows:
3-a. "Bell jars" shall mean and include those games in which a partic- ipant shall draw a card from a jar, vending machine, or other suitable device or container 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. Bell jars shall also include seal cards, coin boards, event games, and merchandise boards. ALL BELL JARS SOLD WITHIN THIS STATE SHALL BE MANUFACTURED WITH A BOARD-APPROVED LEGEND ON ITS FACE OR REVERSE. S 3. This act shall take effect on the first of January next succeed- ing the year in which it shall have become a law, provided, however, that any rules and regulations necessary for the timely implementation of this act shall be promulgated on or before such effective date.