Permits employees of authorized organizations to operate games of chance.
TITLE OF BILL: An act to amend the general municipal law, in relation to employees of authorized organizations operating games of chance
PURPOSE: To allow employees of authorized organizations such as the American Legion to participate in the management of games of chance.
SUMMARY OF PROVISIONS: Currently only members of the American Legion or members of the Auxiliary or Sons of American Legion if they have their ID numbers, can sell tickets for games of chance. This legislation would allow employees of the licensed authorized organization, its auxiliary or affiliated organization to participate in the operation of such game. No person other than an employee would receive any remuneration for participating in the management or operation of any such game. The head or heads of the authorized organization shall upon request certify, under oath, that the persons operating any game of chance are bona fide members or employees of such authorized organization, auxiliary or affiliated organization.
JUSTIFICATION: The age of the average member of organizations such as the American Legion and Veterans of Foreign Wars has increased dramatically in recent years. This has necessitated the hiring of employees who are not members to assist in the daily running of these organizations to perform jobs such as bartending. Tickets for games of chance are regularly sold at such organizations as a means of fundraising and since only members are allowed to sell these tickets, when a member is not available they cannot be sold.
LEGISLATIVE HISTORY: 2011-12 S. 4150/Rules Committee/A. 6485/Racing Committee.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 1962 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wager- ing AN ACT to amend the general municipal law, in relation to employees of authorized organizations operating games of chance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 10 and 11 of section 189 of the general munic- ipal law, as amended by chapter 574 of the laws of 1978, are amended to read as follows: 10. No person except a bona fide member OR EMPLOYEE of the licensed authorized organization shall participate in the management of such games; no person except a bona fide member OR EMPLOYEE of the licensed authorized organization, its auxiliary or affiliated organization, shall participate in the operation of such game, as set forth in section one hundred ninety-five-c of this article. 11. No person OTHER THAN AN EMPLOYEE shall receive any remuneration for participating in the management or operation of any such game. S 2. Section 195-c of the general municipal law, as amended by chapter 252 of the laws of 1998, is amended to read as follows: S 195-c.
[1.]Persons operating games; equipment; expenses; compen- sation. 1. No person shall operate any game of chance under any license issued under this article except a bona fide member OR EMPLOYEE of the authorized organization to which the license is issued, or a bona fide member OR EMPLOYEE of an organization or association which is an auxil- iary to the licensee or a bona fide member OR EMPLOYEE of an organiza- tion or association of which such licensee is an auxiliary or a bona fide member OR EMPLOYEE of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association. Nothing herein shall be construed to limitEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01515-01-3 S. 1962 2
the number of games of chance licensees for whom such persons may oper- ate games of chance nor to prevent non-members OR NON-EMPLOYEES from assisting the licensee in any activity other than managing or operating games. No game of chance shall be conducted with any equipment except such as shall be owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee. However, in no event shall bell jar tickets be transferred from one authorized organization to another, with or without payment of any compensation thereof. The head or heads of the authorized organiza- tion shall upon request certify, under oath, that the persons operating any game of chance are bona fide members OR EMPLOYEES of such authorized organization, auxiliary or affiliated organization. Upon request by an officer or the department any such person involved in such games of chance shall certify that he or she has no criminal record. 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, security personnel, stated rental if any, bookkeeping or accounting services according to a sched- ule of compensation prescribed by the board, janitorial services and utility supplies if any, and license fees, and the cost of bus transpor- tation, if authorized by such clerk or department. No commission, sala- ry, compensation, reward or recompense shall be paid or given to any person OTHER THAN AN EMPLOYEE for the sale or assisting with the sale of raffle tickets. 2. 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 persons of lineal or collateral consanguinity to members of an authorized organiza- tion licensed to conduct a raffle. S 3. This act shall take effect immediately.