1958-07-03 SP 447
237 Henry Goldsmith Surv.on Rockhurst for field-
ing -setting grade Rolling Rdg, 6.90 6190
238 Leon M,Steves SUrv.Rockhurst Rd.for field'
ing & setting grade stakes at
Rolling ,Ride 9.04 9100
239 Hard encratt Water rent shests;4GFO 26,00 26*00
20 fee W.Laverr 200 reg atanp.envelopes-NGFWD 7.28 7.28
241 Niagara-Mohawk Pwr.Serv.Rooster Pump-NOWD 85.44 85,44
On motion the- meeting and j ourned
z
-Town Clerk..
eeial. Meeting July 3, 1958
Present:.
H. Russell Harris Supervisor
Meredith Bentley Justice of the Peace
Harald Akins Justin a of the 'Peace
Stanley B_. Miller Councilaaw
Abe ..
�u,rtis Lampson Councihn
The board convened at 7:30 p.m..
Reuluti,on No. GG introduced by Mr. Miller, seconded by Mr. Akins::
i
3, pursuant to the provisions of the Tovn Law", this Town
Board;fias ,duly appointed a Zoning Commission of the Town of Queensbury
to make a st*y of the- need .for a zoning ordinance in the Town of
Qa e . sad to recomatend the boundaries of the zones to.be established I
in the ritom apd to recommend aippropriate regulations to bb d
therrein, app
ISNUM9, the said Zoning Commission has made a pre3lminary report
-- to tha Town Hoard, has held a public hearing thereon and has submitted
to .thA,_f ew; Heard its f'ul'l and final report together with a proposed
. that the Town Board of the Town of` Queensbury,, 'barren
0 sty,; York., hold a. public -Iiearii on. such proposed zoning ordinance
f o, ` .� Queensberry at the. Qae4nsbury School, Aviation Read,
in the sail& Toen. of Queensbury on the 22nd day of July, 1958s, at 8 o'clock
pau (D.S.T.) to hear %11 persons having an interest in the subject
matter. of said proposed zoning ordinance , and it "is further
IM that the Town Clark be and she hereby is directed to give
n _. ; public hearing by'publishing a notice thereof in the
41e F'Ai Times,, published in Glens Falls, N. Y., once at least ten
days pid-Ow to the date herein appointed for such public 'hearing.
Xl , by the following vote `
f;ller� Mr. Bentley, Mr. ins and Mr. Harris
PAW Xpt,, :J7,Antroduced ,by y Justice Bentley, sedonded by Justice
RkSOLVED thLt H. Russeall Harris, Supervisor, be and is hereby
s d zoning
. o e
such _,and directed to cause. to be published the prop a�g
+ in its entirety, once each in the Glens Falls Times and
the ;. 4 not later than Thursday, July `100 1958, at.a cost .not to
Daly adopted by the following Grote::
,ayes, «. Mr.. Miller, Mr. Bentley, Mr. Akins and Mr. Harris `
Noes - none
448
solo ion No. :introduced by Councilman M12ler, seconded by
'
Justice Akits w. _.
'I H&TAS*the Torten Beard of the Town of Queensbury did on the
11th ftyy,of June , 125.8,,.hold a public hearing upon a proposed ordi-
t .Hance to t ad regulate Bingo games in the Town of Queensbnry,
and -
WHEREAS the said Town Bbard did hear all persons desiring to
be heard_th%rson and no.-one appeared opposing the adoption of said
ordinance,
RESOLVED that the T.cmn Board of the Town of Queensbury hereby
enadt s., .adopts an ordinance as follows-.... r.
AN ORDINANCE
PUMANT TO ARTICLE: ONE, SECTION NINE, OF THE CONSTITUTION OF
THE STATE. OF NEW YORK, AND CHAPTER. 8:54 OF THE LAWS OF 1957 TO-PMIT
THE CONDUCT OF CERTAIN GAMES OF CHANCE.
ARTICLE I
CONDUCT OF CERTAIN GAMES OF CHANCE BY CERT. IN
ORGANIZATIONS
Section 1. DEFINITIONS As used in this article unless the
context requires otherwise, the following terms shall have the follow-
ing meanings
1. MControl Commission:',, shall mean the state lottery control
commission.
2. "Bingo." or "Gagne" shall mean and include a specific same
of chat ee, -commonly known as Bingo or Lotto, in which prizes are
awarded on the basis of designated numbers or symbols on a card
conforming to numbers or symbols selected at random,.
3. *Authorized Organization" shall mean and include only bona
fide religious, 'charitable or nonewprofit organizations of veterans,
volunteer firemen and similar non-profit organizations.
4. *Licenser" shall mean a license issued pursuant to the pro-
visions of the article--,
'Section 2 It shall be lawful for any author-
ized organization, upon obtaining a. license therefor as hereinafter
prided, to conduct .they game of bingo within the territorial limits
of' tba Tawas of Queensbury, subject to the provisions of this article
and the-provisions of Article 14-G (Sections 475-499) cif the General
Mmietpel LaW and the provisions of the State Lottery Control Law,
Section 3. APPLICATION FOR LICENSE. .
1. Each applicant shall file with the Torn Clerk of the Town
of Queensbury a written application in the form prescribed in the
ralea and regulations of the Control Commission duly executed and
veri.fie�.
2. In each application ,there shall be designated an active
member or members of the applicant organization under whom the game
or games of chance described in the application are to be held
operated and conducted and shall be appended to theF ap,A ation
a statement executed and weri by the applicant and by the member or
members so designated that he, she or they will be responstble for
the holdings,; operation and conduct of such games of chance in accord-
ance with the terms of the license and the provisions of this, article, i
chapter 854 of the Taws of 1957, and the rules and regulations of the
Control Commission, if such license is granted.
3. In the event that any premises upon which any such game of
chance is to be held,, operated or conducted or which is _t® be used
f°or any other purpose in connection with the holding, operation or
conduct thereof„ is to be leased or rented from. any person, persons
449
or corporations the application shall be accompanied by a written
statement signed and verified under oath by such person or persons
or on behalf of such corporation, stating his or its addresp, the
amount of rent to be paid for such premises and stating such lessor,
lessors or if a corporation all of its officers and each of its stock-
holders who hold more than ten percent or more of its stock issued
and outstanding, are. of good moral character and have not been convict-
ed' of a crime.
Section 4. QENM1AL RESTRICTIONS. Any game or games licensed
hereunder shall be subJeet to. the. following restrictions in addition
to such other restrictions as may be provided herein or contained in
the rules and regulations of the Control Commission..
i. No person, firm, association, corporation or organization,
othar than an authorized organization licensed under the provisions of
this article, shall be permitted to conduct such games.
2.. The entire net proceeds of any game or games shall lie exclu-
sively devoted to the lawful purposes of then organization permitted to
,conduct the games.
3.. No single prize :shall 'exceed the sum or value of two hundred
and fifty dollars ($250,00),
4. No series .ofr ,prizes on any one occasion shall aggregate more
than one thousand dollars ($1,'000,00).
5, No person except-a bona-fide member of such organization shall
part eipa.te in the management or operation of such game.,
C`. No person shall receive any remunerations for participating
in the ganagement or operation of any such game.
7 ► The unauthorized conduct of a bingo gam and any wilful vio-
lation of any provision of this article shall .consti tuts and be punish-
able as 'a misdemeanor.
Section 5. ISSUANCE AND DURATION OF LICENSE.
1, The Town.Board. of the -Town.of Queena.sbury,shall cause to be
investigated the qualifications of each applicant axed. .the merits of
each application: with due expedition after the filing 'of the application..
Such investigation shall be made with the view to,determining whether
the appl leant is duly qualified to be licensed under this article to
heM,, opaara.te and conduct games of chance under the provisions of this
article and the rules and regulations governing the 4olding, operation
and conduct thereof in the Town of Queensbury; that the member or members
of the ,appl.icant designated- in the application to,hold, operate or con-
duct the games of chance,, to hold,: operate and conduct which the license
was aprlted for, are bona fide active members of the applicant and are
persons "tpf good moral character and have never been convicted of a crime;
that such games of chance are to be held, operatgd and conducted in
accordance with the provisions of this article and in accordance with.
the ruler and regulations governing the holding, pperation and conduct
thereof and that the proceeds thereof are to be disposed of as provided
by this article, and if the said Toun Board of the Town of Queensbury
is satisfied that no commission,, salary, compensation, reward or recom-
pense whatever will be paid or given to any person holding, operating
or conducting or assisting in the. holding, operation and conduct of any
such games of` chanee, except as in this article otherwise provided; and
that no prize will be offered aat d given in excess of the sum or value
of twd-huftdred fifty dollars ($250*00) in any single game of enhance,
and that the' aggregate ggregate of all-prizes offered 'and given in all of such
games of chance, held, operated and conducted on a smile occcasioxL
under sad liemse shall not exceed the sum or value of one thousand
dd1lirt ($1:,O?.00)9 it shal2 issue a licenses to, then applicant for the
holdin,- aeration-aaaand conduct of the specific kinds of games of chance
applied for, accordingly, upon payment of a license fee or fees of ten
dollars ° (#10000) fair each occasion upon which any games of chance are
to be tonfteted,under such license.
j - 2.: Can cr before the' thirtieth day of each month the Supervisor
`— of the: Town of Queensbury shall transmit to the State Comptroller a
I
sum equal, to fifty percent of all license fees.- collected by the Town
of Queensbury pursuant to this section during the preceding calendar
mon�i."
.3. No license shall be issued under this article which shall be
effective for a period of mere than one year..
I
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450
Section- G. HEARING: AMENDMENT OF LICENSE-
I.:
No: application-for...a, liCgnse-hergunder shall be denied by
the: Town Board of the. Town of Queensbury until after a hearing, held
on due notice. to the, applicant, at which the applicant shall be entitled
to be heard upon the qualifications of the applicant and the merits of
the application.
2, Any license issued under this article may be. amended upon.
applicati=. ta; the said Town Board, if the subject matter of the pro-
posed amendment could lawfully and properly have been fintlud.ed in the
original licenses, and upon the payment of such additional license fees,
if any, as would have been payable if it had been so included.
section. 7-* Each licenser shall be in such form as shall be pre:-
scribed in the rules and regulations prc ualgated by; the Contra l., Cc mi s
Sion.
Section a* They Tawas Board of the Town. of Queensbary. shall have
and exercise control and supervision over all games of Wince held,
operated or conducted under such license, and such Tomm yoard and the
Control Commission shall have the power. and author:Lty to, suspend any;
such licenses, and,, after notice and hearing, to revoke the same for
violation of any provision of .such l.i,cense, this article, Section 4755
to 499 of the General ltMlcipal bar or the rules and rergulAtions of
the Control Commission. The Town- and and the Control Co ission or
any officer designated by them shall have the right of entry at all.
times into any premises where any such game of c=hance 3s being held,
operated or conducted, or where it is intended that ahy such game of
- chance shall be held, operated or conducted, o r Mere vpy sc�ui. t
being used or intended to be used in the conduct thereof is found, for
they purpose of inspecting the sauce.
section 9. Sash games may be held on any day provided for in
such license, except Sunday.
Section 10. No- person under the age of eighteen years shall be
permitted to participate in any game or games of chance helid,, operated
or conducted pursuant to any license issued under this articlq unless
accompanied by an adult.
Minn`. 11. No game or games of chance shall be held,, operated
or conducted under any license issued under this article oftener than.
an six days in any one calendar month,, 'or in any rpom or outdoor area
where alc�)hollc beverages are sold or served during the progress of
the gams or games.
I •
Section 12. :PERSONS OPERATING AND CONDUCTING GAMES, EQMPM.s
EXPENSES, COMPENSATION,*
-
No person'sb&U hold,, operate or conduct any game or games of
' chance under any license issued under- this article except an active
member of the authorized organization to which the license is issued,
and no person shall assist in the holding, operating or conducting of
any game or games of chance under such license except such an active
giber of a member of an organization or association which is on
i auxiliary to the licensee or a member of an organization or asso-
ciation of which such licensee is an auxiliary or a amber of an:
organization or association which is affiliated with the licensee
by being, with it., auxiliary to another orSani;;a.tion or- association
j and except bookkeepers or accountants as hereinafter provi0ed' and
`
no such game. of chance shall be conducted., with any egi4pment except
such as shall be owned absolutely or used without pay*ant of any corm
pensation therefor by the licensee, and no item of expense shall be
incurred or paid in connection with the holding, operating. or eon-
j ducting of any game of chance held, operated or conducted pursuant
to any license is6t%ed under this article, except such as are bona: fide
items of reasonable amount for goods, wares sad merchandise, furnished
or services rendered which are reasonably necessary to be purchased or
{
furnished fbr the holding; operating or conducting thereof, under any
circumstances whatever; no rental shall be paid for the use of` ang
451
premises for holding_, operating or conducting any such .game of chance
thereon or for any ether purpose in connection with the holding, opera-
ting or conducting thereor unless the amount of such rental is stated
in a statement annexed to the application for the license as provided
in section four hundred eighty of the General Municipal Law or which
is in ex�6&ss of the sum, stated as the rental to be charged therefor in
such statement and no commission, salary, compensation, reward or
recompense whatever shall. be paid or given directly or indirectly, to
any: person holdings operating or conducting, or assisting in the holding,.
operation er conduct of any game of chance so held, operated or con-
due-ted- eaoept that reasonable compensation may be paid to bookkeepers
-- or accountants for bookkeeping or accounting services rendered according
to a schedule of compensation prescribed by the rules of the Control
C ommi ssi oat.
Section 13. CHARGE FOR ADMISSION AND PARTICIPATION:: AMOUNT OF
PRIZSS;.. ARD OF PRIZW.
Not more than-one dollar shall be charged by any licensee for
admission, to any room or place in which any game or games of chance
are 't-a bb held s operated and conducted under any license issued under
this e.rticle, which admission fee, upon payment thereof, shall entitle
the p do paying the same. to a ca entitling him to participate
withtttt + lditional charge in all regular games of chance to be played
under such license on such occasion, and no charge in excess of one
dollar shall be made for a single opportunity to participate in all
special. games' to be played under such license on such occasion. No
prize gree.ter in amount or value than two hundred fifty dollars ($250.00)
shall be offered or given in any single game conducted under any-such
license and, the aggregate amount or value of all prizes offered or
gib in all games played on a single occasion shall not exceed one
thousand dollars "($19,000,00) and all winn$rs shall be determined and
all prizes shall be awarded-in any game played on any occasion within
the saw calendar calendar day as that upon which the game was' played. No alco-
holic beverage shall be offered or given as a prize, in any such game.
Section 14. ADVERTISING G1R.
Ita game of chance to be conducted under any license issued under
`this article shall be advertised as to its l.ecation, the time when it
is to be, or has been played, or the prizes awarded, or to be awarded,
by means of newspapers,, radio, television or sound tracks or by means
of- billboards, posters or handbills or any ether, means addressed to the
' general: pa.0 c`, except that one sign. not exceeding sixty: square feet in
area . fie displayed on or ad4acent to the premises where the game will
be' played. and an additional sign. may be displayed on or adjacent to the
premises where the'prize or prizes are displayed and additional signs
may be displayed up-on any fire fighting equipment belonging to any
Licenses., which is a volunteer fire company, or upon any first-aid or
rescue squad equipment belonging to any licensee, which is a first-aid
or rescue squad, in and throughout the coaa=Jty or commnni.ties served
by such Volunteer fire company-or such first-aid or rescue squad, as
the case may be.
Section 15. STATEMENT. OF RECEIPTS, EXPENSES, ETC.
` Within fifteen. days after the conclusion of the. holding, operating
and conducting of any such game of chance, the authorized organization
which held, operated or conducted the same, and its members who were
in charge thereof" shall furnish to the Clerk of, the Tovn of Queensbury
a duly verified statement showing the amount of the. gross receipts derived
from each game of chance, which shall include receipts frm the sale of
shares, tickets or rights in any manner connected with participation in
i said' ga or the right to participate therein, each item of expense incurreds
or p*id:, anti each item of expenditure made or to be made, the 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, they net profit derived from each such game of
chance, aAd the use to which such not profit has been or is to be applied,
and a list of prizes offered and given with the respective values thereof,,
and it shall be they duty of such licensee to Maintain and keep such books
and records as may be necessary to substantiate the particulars of each
such report.
t
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452
Section 16. NATION OF BOOKS AND RECORDS; EXAMINATION OF
MANAGES, ETC.- DISQQSI O1`_-INFOF1low",*_
1e n Baal' _gt_,t�e_Town"of--QgeSMbury and the Control Coo
mission ahgll have pourer to examine or cause to be exam4ned 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-
Kith the: holding, operating, and conducting of any game. of ,chance
thereunder and to examine any manage , officer, director, agenttymember
or employee. thereof under, oath in relation
game of chance, under any such license but any information so received
shall not be disclosed except so far as may be necessary for the pur
pose of carrying -cut the provisions of this article..
Section 17, APPEALS TO CONTROL COMMISSION.
Any applicant_. for,- or.hol.der..of, ._ y•License issued br to be
issued under this article aggrieved by any action of the Town Board
of the Teyarri of Qu�eensbury, concerning an application which has: been
e or. a license which has been issued may appeal to the Control`
Commission from the determination of the city,, its officers, or agents,
by filing with the said Town Board a written notice of appoal, within
thirty(30) days after. the: determination 'of action appealed froze,' and
upon the hearing of such spur, the evidence, if any, taken before
the said Tom Board, and any additional evidence may be produced and
shall be considered in arriving at a determination of the matters in
iesue,and the action of their Control Commission upon said appeal shall
be bipding upon theL Tern and all parties to said appeal.
fiction 18. DOWNITY FROM PROSECUTION, SXEMPTION.
No person or corporation _-
(1) lawfully u l y conducting, or participating in the conduct- of,
(2) possessing, selling or in any per disposing of any .shares,
tickets or rights to participate in, or
(3) permitting then conduct upon any premises owned by him or
it, of.any game of chance conducted or to be conducted under any
license lawfully issued pursuant to this article, shall be liab3A to
prosecution or conviction for violation of any provision of article
VIA hund3m d thirty of the Penal taw or any other lair or Ordinance to
the extent that such eanduct is' speeifically authorized by this arti-
cle but this immiuAty shall not extend to any persona: or corporation
knowingly conducting or participating in the, conduct of any game of
chanee.under any license obtained by any false` pretense, or statement
made in any appilication', for such license or otherwise,' or possessing,
selling or disposing of shares, tickets or rights to pbarticipate ins
or permitting the conduct upon any premises owned by him or it of any
game of_chance conducted under any license known to him or it to have
been obtained by any such false pretense or statement.,
INELIGIBILITY TO
Section 19. OFFENS�IS, FORFEITURE OF' �►I CENSE•,
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 aay,
statement annexed thereto or shall pay any rental for` they 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,
a; operating or conducting thereof,, unless the amount of such rental is
j 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 sum stated as the rental to be
changed therefor in such statement. executed by him or on. its behalf, or
l
shall fail to keep such books and records as shall fully and truly re-
cord all transactions connected with the holding, operatixg�, and conduct
ing of games. of chance under any such license or shall falsify or eke
any false entry in any book or record so far as they relate t`o any
transaction connected with the holding-, operating or conducting of any
game of chance under such license or shall violate any of the provisions
of this article or, of any term of sue;)a license shall be guilty of a
misdemeanor and shall forfeit any license issued to it under this article
and be ineligible to apply for a license under this article for one
year thereafter..
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453
Section 20. AMENDMENT AND MUML.
This article day_ be aazendad.,_from time to time, or repealed by
the said Town Board .axed such amendment or repeal-, as the case may be,
may be made ef'f.+adtive and operative not earlier than thirty days follow-
ing the date of enactment of the. local law or 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 of such local law or ordinance.
Section 21.- DELEGATION OF AUTHORITY.
The Town Board-of the-Town of..Quesnsbury may delegate to an off-
icer or officers thereof 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 and hear-
ings, the supervision of the operation of the games and the collection
and transmission of fees.
Section 22. SEVERABILITY.
If-any provision or application of this article or a 'provision
or application of Chapter 854 of the, Laws of 1957 to any municipality,
person or circumstances shall be adjudged unconstitutional by any court
of competent jurisdiction., the remainder of this article or the applica-
tion of Chapter 854 of the Laws of 1957 to other Minicipalities, persons
and circumstances shall not-bq 4ffected thereby, and the said Town Board
hereby deelAres that it would- have enacted this article without the-
invalid provisions or application, as the case may be, had such inva.l-
idity .been apparent.
Section 23. The provisions of this ordinance shall remain inoper-
ative unle:ss .and until a, proposition therefor submitted at a general or
special election in the Tow# of Queensbury shall be approved by a vote
of the .majority of the. qualified _electors voting thereon. In the event
that such proposition is so approved, ,this ordinance sha;ll.become ef-
fecti*e immediately after filing a copy thereof with the; Control Com-
mission*
FURTSER RESOLVED that a special Town Election of -the Town of
Queensbury, Warren-County, New York, will`be held at the Schoolhouse of
the -Union Free School District No. 2 of the Town of Weensbury, AvAition
Road in said Torn on the 19th day of July, 1958, with polls to be open
between the hours of 12 noon and 8 p.m., D.L.S.T.
FURTHER RESOLVED that the Clerk be and is hereby authorized and
directed to cause to be published once in the Glens Falls Times a notice
in the following form,- j
Notice of Special Election,
Not�Lc . is hereby given that pursuant to a resolution adopted by
the Town Board of the Town of Queensbury, Marren County, New York, on
June 24th, 1958,, a special Town Election of the Town of Queensbury,
Warren qty, New York,, will beheld at the school house of Union Free
School District, & of the- Town of Weensbury located on the Aviation Road
in said.-torn, the 19th day. of July, 1958, with the polls to be opened
between the hours of 12 o'clock noon and eight olielock in the evening
(dayligkt saving time) for the purpose of voting,o the following prop.-
ositi oar::
•
Proposition No. 1
Shad bingo be permitted within. the territorial limits of the Town
of Queensburyr in accordance with the provisions of Article 1, Section 9
of the` ometitutign of the State of New York as amended;. the provisions of
Article 14-G of the .Get3ere►1_Mmi.cipal Law;, Article- 19-B of` the Executive
Law, the rules and regulations of the State -Lottery Control Commission and
in accordance with the provisions of an ordingnce adopted by the Town Beard
on July 3, 1:95a entitled: An Ordinance pursuant to Article one, Section
Nine of the Conxtitutien of the State of New York, and Chapter 854 At the �
Laws ,of' 19572, to permit the conduct of pertain games of chance.. �
Date July 3,, 1958 By order of th Town Board
Towxi Cl"erk
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' a