S3689A-2011 Actions

• 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

S3689A-2011 Memo

BILL NUMBER:S3689

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 Board 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.

S3689A-2011 Text

 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.

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