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1958-06-11 SP -433 _ Special Meeting June 11, 1958 Present« . Meredith Bentley Justice.: of the Peace `mold W Justice of the Peace Curtis Lampson. Councilman } Stanley-3. Miller Councilman Absi X. Russell Harris Supervisor The board convened at *7:ZO1 p.m.•. Y Resolution Na, 59 introduced by Mr. Miller, 'seconded by W. ins and Mr. L mpsoa: RESOLVED that,,- Justice Bentley sect as chairman of this meeting in the a�ience of Supervisor Harris. Duly* adopted by the folloaving vote Ayes - Mr. Miller, W. Bentley, Mr. Lampson and Mr. mains Boss:_ ;.��' • Mr ' Lackey, Tom SupeNrintendent of Highways who was present reported that-he had tried-to come td ah agreement with some of the owners of property reapeeting the improvement and widening of a road in the vicinity, of taeverdale and had been unable to obtain all of the necessary consents from the owners, I A discussion was had respecting the installation of a roof on the Town storehouse. i The following application was received WEST GLENS FALLS FTRE COMRtNY NO., 1, Inc• I - test_Glens Ells, N.Y.. Junes 11, 195 The West Glens Falls Volunteer Fire Company wishes to make an application for a permit to hold a carnival Xnown as the O.C. Buck Shoff on the Luzerhe Road west f the ftorhouse from June 16 through June 21 inclusive. Leon Richardson, Chief RegoluU2A No, GU Aintroduced by Councilmon Lampson, secbnded by Justice as* RMUED that permission is hereby granted to held a carnival as follows - ftensor - West glens Falls Volunteer Fire Company Cerniva - O.C. Buck Shows Place - Vacant lot, north side of Luaarne Road, west of Pyre House,* - wtes ��a 1G,,-1958. to June 21, 19:x, inclusive. ?Oft= MMVED that upon payment of fee of , the Town Clerk be. .is. hereby *uthorized, and directed to issue a .permit authorizing the hblAing of 4 cailbival as aforesaid. Duly adopted by the following vote s Ayes Mr. Miller, Mr. Bentley, Mr. Lampson anal Mr. Akins N"oe, + 434 The Town Board generally discussed the procedure and methods of per- mitting the holding of' Bingo games in the Tern of Queensbury, Resolution NQ. fil introduced by Mr. Boller, seconded by Councilman ; Lampson: RESOLVED that the Town Board of the Town of Queensbury ill meet and ,hold-a Ptibli.c Hearing upon the proposed ordinance to authorize and legalize the ccaoduct of Bingo in the- Tvem of Qaeensbury at the schoolhouse of Union Free School Distriet. No. 2 of the Tom of Queens- bury located on the Aviation Road-iri said Town, at 7:34.:r on the 24th day of` Jame, 19 . q Further RESOLVED that the Tom Clark be and is hereby auth`oriaed i'l and directed to cause-to be published .once in the Glens Falls Times on June 14, 1958 a notices in substantially the, following _f'_d=m, Notice of public hearing on proposed ordinance of Tom of Qudensew burr as suet forth harei.n: f Legal notice is hereby given that pursuant to Section ltl of the Town Law, the Town Beard of the Tom of Queensbury will hold a I public hearing at the schoolhouse of.Union Free School District Na.. 2 of the Town of. Queensbury,, Warren County, Nov York, located tin the Aviation Roan in said town at 7:30.p.m. on the 24th day of June; 7958, to hear all interested parties and cities for or against the adeptio , ' of a proposed ordinance to read as follows:: TOWN OF QUEENSBURY AN ORDINANCE PURSUANT TO ARTICLE ONE, SECTION NINX, OF THE, CONSTITDTION OF THE STS OF NEV,YORK, AND CiiAPTER. 854 OF THE LAWS OF 1957. TO:MMIT THE CONDUCT OF CERTAIN GAMES. OF, C Ww -" ARTICLE T - CONDUCT" OF CERTAIN GAMES OF CHANCE BY CERTAIN: { ORTIZATITS k Section 1, DEFINITIONS. As used in this article unless the context requires otherwise, the followi.n; terms shall have the follow- ing meanings: 1. "Control. Comm ixsionw� shall mean the state lottery control. commission. 2. "Bingo*' or, '"GaW shall mean and include a specific, game of chance, -commonly known as bingo or lotto., in which prises are awarded on the basis: of designated numbers or symbols can a caret conforming to numbers or symbols selected at random. 3. "Authorized ftani zation" shall meaun .as d include only bons fide religious, eharitable or-non-pZrofit organizations of veterans,, volunteer firemen remen and similar' non-jprofit-organi�ti o s e. 4. "License" shall mean a licemee issued pursuant to the pro- visions af'-they article, , - Section Z. ' AUTHORIZATION. It shall be-lawful- for any author- ( ized organization, upon obtaining a license therefor as hereinafter provided, to conduct they game of bingo within the territorial limits f of the Town` of Queensbury, subject: to the provisions of this article and the. provisions of. Article 14-G (Sections 475-499) of tope 4±snneral. Minicipal Law and the)provisions of_the State Lottery Control. 'taw." f Section 3. APPLICATION FOR LICENSE. f - . 1. Bach app�l.icant shall file with the Town' Clerk of the Town of Queensbury a written application in the form prescribed UX in the rules and. regulations: of the Control Commission duly executed and vesri.fied. i 435 E. In- each application there shall be designated an active member err members of the applicant organization under whoa the game or games of' chancey described in the application are to be held, operated and conducted and there shall be appended to the application a statement executed and verified by the applicant and by the member or members to designated that he, she or they will be responsible for the holdings; operation and conduct of such games of chance in accordance Wit,h the: terms of the license and the provisions of. this articles chapter 854 of the lags of 1957, and the rules an_ d regulations of I the Control Commission,, if such license is granted. In the event that any premises upon which any such game of 1 chance is to be held, operated or conducted or which is to be used for any other purpose in connection with the holding, operation or, conduct the f, is- to be leased or rented from any person, ports s Pr corpor- ations the application shall be accompanied by &,written statement signed and verified under oath by such person or persons or an behalf of such corporation,. stating his or its address, they amount of rent to be paid for such premises and stating such lessor, lessors of if a corporation all of its officers and each of its stockholders who hold mare tbm -ten percent or more of its stock issued and outstanding, are of good: moral character and have not been convicted of a crime. i Section #. GEMEBAL RESTRICTIONS. game or games licensed hereunder shall be subject to, the;. following restrictions in addition to such ather restrictions as may be provided herein or contained in the rules a W_ regulations of the: Control Commission. Z* No -person I fira, association, corporation or organization, other than an authorized organization licensed under the provisions of - this article , shall be permitted to conduct such gases. S The entire net proceeds of any game or games shall be exclu- , sively devoted to the lawi'Ul purposes of the organization permitted to conduct the r game, 3 No Mingle: prize shall exceed the scum or value of two hundred and fifty dellars (SE.50*0O). d. No series.of prizes on any one occasion shall aggregate more than one thousand dollars (41- ,000*00). 5 No peeason except-a bona-fide member of such organization shall partie 1pate in the management or operation of such game.. —' G. ate parson shall receive any remunerations for participating, in the mame auent or operation of any such game. , 7 The vomthori zed eeonduct of a bingo game .and any wilful. viola- I, tion of any provision of this article, shall constitute and be punishable as a mi sdeffieanor. Section" 5« ISSUANCE AND DURATION OF LICENSE. 1, The Town-Board of the-Town.of Q ieegsbury shall cause to be investigated the qualifications of each applicant and the merits of each apication with due expedition after they f'ilirig of the application. Such investigation shall be made with tlae view to determining whether the applicant is dully qualified to be licensed under this article to hem, opEerate and conduct games of chance under thq provisions of this article I mind the rules and regulations governing. the holding, operation and, coaduet thereof -in the Teen of Queensbury; that the member or members of the applicant designated- in the appl eatJon to hold, operate or con- duct the gpnas of chance, to hold, operate and conduct which the license was applied far, are bona fide: active': members of t4e applicant and are ersoner° ' gam moral character and have newer been convicted of a crime; that such gems of chance a * .to be held, operated and conducted in aecord&AM xith the provisions of this article and in accordance with the rules and regulations governing the holding, operation and conduct l thereof and that thee proceeds thereof are to be disposed of as provided this 'article, and Nth, said TOM Board of the Teem of Queensbury l—' is satisfied that no commission, glary, compensation, reward or recom- pense whatever will be paid or given to any person holding, operating. � or condiwting or assisting in the holding, operation and conduct of any ( such gag as of -chances except as in this article otherwise provided; and that no -prize -hill be offered and 'given in excess of ther sum or value r i I 436 of two hundred fifty dollars ($250.00) in any single game of-chance, i and that the aggregate of all,.prizes offered and given in all of such games , of chance_, held, operated and conducted on a single occasion. under said license shall not exceed the sum or value of one thousand dollars ($L,000.00),, it shall issue a license to the applicant for the holding, - operationraud conduct of the specific kinds of games of chance applied for, accordingly, ,upon payment of a license fee or Fees of ten dollars ($10.00) for each occasion upon which any games of chance are a to be conducted-under such license. 2. On or before they thirtieth day of each month the 3a is or of the Town of Queensbury shall transmit to the State Comptr r a no equal to fifty percent of all license fees collected-by they Town ( of Queensbury pursuant to this section during the preceding calendar - manth.. 3. No license shall be issued under this article uhieh shall be effective for a period of mare than one year. Section G. HEARING. , AMMMENTT OF LICENSE., Lo, No application for a leense -hereunder shall be denied by the: Town Board of the Town of Qneensbury until'after a hearing, held on, due notice to then applicant, at which the applicant shall be entitled to bew heard upon the qualifications of the applicant, and the merits of the appl.icati on. 2, Any license issued under this article may be amended upon application to the said Town. Board, if the subject matter of the pro- { posed amendment could lawfully and properly have been included in the original license, and upon the payment of such additional license fee, if any, as would have been payable if it had been so included. 1 Section 7. Each licenser shall be in such form as, shall be - scribed in the rules and regulations promulgated by the Control Commis- sion* Section S. The Team Board of the Tovan of Qaeensbury shall have and exercise control and supervision over". a1.1 games of chance held, j operated or conducted under such licenses and such Taem BoarA and the Control Commission shall have the pier and authority to suspend any _ such license, and, after notice and heari ng, to revue the sem® for i ! violation of, any provision of such license, this article, Section 475 I to 499 of the General Nkanieipal Law or the rules and regulations of the Control Commission,, Then Torn Board and the Control Commission or away officer designated by them shall have the right of entry at All times into any premises where any such gamey of chance is being held,, operated or conducted, or where it is intended that any such game of chance ;shall be held, operated or conducted, or where any equipment being used or intended to be used in the conduct thereof is founds, for the purpose a of inspecting the same. Section 9, fich games may be held on any day provided for in such license, except Stnday. Section 1Q. Na person under the age of eighteen years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant :to any license issued under this article unless accompanied by are adult. Section 11. No game or games of chances shall .be held, operated or conducted under any license issued under this article oftener than on six: days in any one calendar month, or in any room or outdoor area:, where alcoholic beverages are sold or served during the progress of the game or games• j Section 12, PERSONS'. OPERATING AND CONDUCTING GAMES: EQUIPMEJUt ! - KKMSZS,, COMPENSATION.", - No person shall held, operate or conduct any game or,,g#xe# of chance under any license issued under this article except on -active member of the authorised organization to which the license is, issued, and no person shall assist in the holding, operating or conducting; of any game: or gamed of chance under such license except such an active l j i giber or a member of an organization or association which is an. auxiliary to the licenseei a member of an organization or assn. ciation of which such Usensee is an auxiliary or a member of an ongmi�aticn mr association which is affiliated with the licensee by be i-sp with it-,, auxiliary to another organization or association and except bookkeepers or accountants as hereinafter provided and no, Vuch !gam cif chance shall be conducted with any equipment except . sut�h as� shall be owned absolutely or used without payment of any com-► ration. therefor by the licensee, and no itei expense shall be inegrred or paid in connection with the holding, operating; or con. ducting. of any game of chance held, operated or conducted pursuant to any license issued under this article, except such as are bona fide items , of reasonable amount for goods, wares and merchandise, furnished or Viers rendered which are reasonably necessary to be purchased or farnished fort the holding, operating or conducting thereof under any circumstances whatever; no rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance thereon or for any other purpose in connection with the holding, opera- ting car conducting thereof unless the amounts of such rental is stated in a,statioment amnexed to the application far the-license as provided in section four.- hundred eighty of` the General Mon;icipal Law or which _is in excess of the sum stated as the rental to be charged therefor in such statement- and no commission, salary, compensation,, reward or resompeFase whatever shall be paid or given directly or indirectly, to atyY perm holding, operating or conducting, ,or assisting in the holding, oPaition or conduct of any game of chance so held, operated or con - ducted,, a;gept that reasonable ccmiponsation may be paid to bookkeepers or accountants for bookkeeping or accounting services rendered according to a se bei Of compensation prescribed by the rules of the Control Conmiissian*, Section, 13+ CHARGE FOR ADMISSION AND PARTICIPATION AMOUNT OF PRIZES: AWARD OF + _ Net more than. one dollgz. shall be charged by any licensee for mission to any room or place in which any game or games of chance. are to,b .held,,, operated and- conducted under any license issued under 1 this aticl ch admission fee, upon payment thereof, shall entitle the per paying the same to a card .,entitling him to participate + ` without, additional charge in all regular games of chance to be played under exueh, li eensa on such ecca:sion,., and no charge in excess of one j 4014o shall be made ,for a single Opportunity to participate in all special [mss to be played under such license on such occasion. No pxl4e ,groater in amount or value than two hundred fifty dollars ($25 0.04) shall bar ofered or given in any single game conducted under .any_such license an$, the aggregate amount or value of all prizes offered or, given in, all games played on. a single occasion shall not exceed one thousand dollars (411,000*00) and al2 winners shall, be determined and all prizes shall be awarded-in any gam; .played on any occasion with the saw calendar day as that upon xhlch the game was played. No alco- holic; beverage shall be offered or given as a prize in any. such game.. Section 14. ADVERTISING GAMES. No game of; chance- to be conducted under any license issued: under this article shall., be advertised as to its location, the time when it is to be or has been played, or the prizes awarded, or to be awarded, by meeans,of aevspepers, radio, television or sound truck . or by means of biilbc rds, posters or handbills or any other means addressed to the general public:, except that one sign not exceeding sixty square. feet in area may be displayed .on or adjacent to the premises where the game will bei AsWid a:Pd ,an additional sign may be displayed an or adjacent to the premises where the prize or prizes are disp�.ayed and additional signs MW be displayed upon any fires figa" icb is hting ng equipment belonging to any val , unteer fire company, or upon any' first-aid or rme e M qua Amend belonging to any licensee, which is a first-aid or rescue zquad, in and throughout the comaitg or co ties served by such volunteer fire company or such first-aid or rescue squad, as fide, cease may be. ; Section 15. STATEMENT OF RECEIPTS, EXPRNfi S, ETC i I 438 Within fifteen days after the conclusion of the holding, operating and conducting of any such game of chance,, the authorized organ aati on which held, operated ,or conducted the same, and its members who were in charge thereof, shall furnish to the Clerk- of the Town of'_ Queeens_. bury a duly verified' statement showing the amount of then gross receipts dsrived from each game- of chance, which shall include= receipts from the sale, of: shares, tickets can rights in any manner connected with participation in said Same. or the right to participate therein,- each item of expense incurred,, or pad, and each item of expenditure made .or to be made, they, name and address of each person to whom each such item has been paid or is to be paid„ with a detailed description of the merchandise. purchased, or the services rendered therefor, the net sucrh. net profit has been or is to be applied, and a list -" which profit; derived from each such: game of chance, and the use P � PP s e�" P��s offered and given with the respective values thereof'„ and it shall be � the duty of such licensee to maintain and keep such books and. reeords as may be necessary to substantiate the particulars of each such re- _ per• Section 16. EXA NATION OF BOOKS AND RECORDS: EXAMINATION Old .DAMS, ETC�s DI BCLOM . OF INFM MATI ON.. - .Mier Tom Board-of the Tee of Queensbury and the 'Control Con.. mission sh*11 have power:to examine or 'cause to be a xamimed the books and records of any authorized organization to which any such license is issued so far as. they may relate to any transactions connected with the holding, operating and conducting; of any game of chance thunder and to examiner any mans er, officer, director, agent amber or employee: thereof under oath in relation to the conducrt of any'"su¢h gamer of chance under any such license but any information so received shall not be disclosed except so far as may be necessary for thee-par. pose of carrying out the provisions of this article. I Section 17. APPEALS TO CONTROL COWISS"I ON. Any applicant for, or holder of s, any licensee issued or to be issued under this article aggrieved by any action of the Thos Beard of the Town of Quee bury, concerning an apprl.icewtion Which bias, 'seen ' made or. a license which has been -issued may appeal: to ,they Ce ntrol. -- Cometisnion frog the determination of the: city„ its officers., or agents,,' by filing with the said Town Board a written notice of appeal idth n I thirty (W) days after the determination of action appealed fromr, and upon the hearing of -suah appeal, the evidence, if any, taken'before the said Town Board, and, any additional evidence may be produced. and shall be considered in arriving at a, determination of the'matted in { issue, and the action of the Control Commission upon said appeal. shall 1 be bin in& upon the Town and all pmrties to said appeal.. j Section 18. CITY FROM PROSECUTION« OPTION. j No person or ccorporati erne. .(1 lawfully conducting, or participating in the conduct of (t ); possessing.,, selling or in any manner disposing of, any sharesr tickets or rights to participate in, or (3) permitting the conduct upon any premises owned by him or its of-any game of chance conducted or to be conducted under any license lawfully issued pursuant to this article,* shall be liable to ! prosecution or conviction for violation of any provision of article one hundred thirty of the dal Law or any, anther law or ordinance to i they extent that such conduct is specifically authorized by this arti- ele„ but this immunity 'shall not extend to any person or corporation knowingly conducting or participating in the conduct of any g of chance under any license obtained by any false pretense, or statement made in any application, for such license or otherwise, or possessing, j selling, or disposing of` shares, tickets or rights to participate in, 1 -- or permitting, the conduct upon any premises owned by him or it of any E game of chance conducted under any license known to him ovr it to have been obtained by any such false pretense or statement. Section 19, OFFENSES«, FORFEITURE OF LICENSE: INELIGIBILITY TO APPLY FOR LICENSE. -Any person,, association or corporation who or which shall make any false statement in any application for any such license or in any, I I { F 439 statement annexed thereto or shall perry any rental for the use of any premises for holding, operating or conducting any game of chance under this article, or for any other purpose in Connection with the holding, operating or conducting thereof, unless the amount of such rental is stated 'in a statement annexed to the application for the license as provided in section three of this article., or shall pay or receive any sum. for such rental in excess of the, sues- stated as the rental to be charged therefor in such statement executed by him or on its behalf., or shall,, fail to keep, such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting: of games of chance under any such license or shall falsify or make any false entry in -any back or record so far as they relate to any transac- tion -co nected .with the holding, mperati� .or coatiductiAg of any game of ct aemr under any �sueh license or shall violate any of: the provisions of thus 'artias or of any term of' such license shall be guilty of a mis- demeanor and shal1 forfeit any license issued to it under this article and be ineligible to apply for a license under'this article for one year thereafter, r , Se eti eem 20. AM MMENT AND RSPEAL. This article may ",.amended., from time to time, or repealed by the said Town Board and such affiendment or repeal, as the ease may be, may be made effective and operative not earlier than tblAdv, d ,gs follow- ing they date of enactment of the local 3*w err .ordinance affecting such amendment or repeal, as the case may be; and the -approval of a majority of the electors shall not be a condition prerequisite to the taking effect ,oii such local. law'or ordinance. Section"21. D=GATION Of AUTHORITY. The Tcmm Board of the Temrn of. gueensbury may delegate to an off- icer or officers there©f designated by it for that `purpose any of the authority granted to it hereby in relation to the issuance, amendment and cancellation of licenses , the conduct of investigations kear- ings, ,„ the supervision of the operation`of the games and t . ection and transmission of fees. ec ti e q 22, SEVWUIL= If any provision or appl.ieatiam of this article or a provision or application of Chanter 854 of the Laws of 1957 to any wnicipality,, person or circumstances shall be adjudged unconstitutional by any court of, cgmpetent Juri sdi cti ono the remainder of this a nti cle ,or ,the, applica tion of Chapter 854 6f. the Lags of 1957 to other municipalities, persons and -circa tances .shall not-be affected thereby, and the said Town Board hereby declares that it would have enacted this article without the. invalid provisions or application, as the case may be,; had such inval- idity bean apparent& Section 23. The provisions of this ordinance shall remain inoper- ative�vvlsss aid until .a. proposition,therefor submitted at a general or special election in the Town of Qu,e sbury shall be approved.by a vote of the majority-.of the,, qualified electors -voting ,there cn. In the event that such proposition is so approved, this ordinance shall .become ef- fective Amedlately afters filing a espy thereof with the Control Com- mission By Order .of the Toean. Board Scom of Queensbury Dated: dune 11,, 1958, Prancers L. Turner Town Clerk . Timm of Queeensbury _ Duly adopted by the following vote., Ayes Mr* Miller-, Mr., Bentley, Mr. Lampson and Mr. Akins Doers - none A discupsion;-was had respecting the proposed contracts for supplying water to the several water districts in the Town of Qraeensbury..