1976-09-20 SPM312
A Special Meeting of the Town Board of the Town of Wappinger
was held on September 20, 1976 at the Town Hall, Mill Street,
Wappingers Falls, New York.
Notice of said meeting was mailed to each Board member on Sept.
17, 1976 calling the meeting for 4:30 P.M. on September 20, 1976,
for the purpose of reconsidering the Local Law on "Games of Chance"
that was introduced at the regular September meeting, to re -intro-
duce it as an Ordinance, for the purpose of submission to the
public at the General Election.
Present:
Louis Diehl, Superyisor
Leif Genaen , Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Absent:
Louis Clausen, Councilman
Others Present:
Allan Rappleyea
Supervisor Diehl called the meeting to order at 4:54 P.M.
MR. JOHNSON moved to withdraw the Resolution adoptedSeptember 13,
1976 setting a Public Hearing for a Local Law authorizing Games
of Chance to be conducted in the Town of Wappinger pursuant to
Article 9A of the General Municipal Law, and further, moved to
withdraw the said proposed Local Law.
Seconded by Mr. Jensen.
Roll Call Vote: 4 Ayes 0 Nays
The following Ordinance was introduced by COUNCILMAN JOHNSON who
moved its adoption:
BE IT ORDAINED by the Town of Wappinger:
SECTION 1: Pursuant to Article 9-A of the General Municipal
Law, the Town of Wappinger hereby authorized the conduct of Games
of Chance by authorized organizations as described in Section 186,
Subdivision 4 of the General Municipal Law, upon any such organi-
zation obtaining a license, therefore, as provided in Article 9-A
of the General Municipal Law.
SECTION 2: The conduct of such games of chance, in addition
to the provisions or restrictions contained in Article 9-A of
the General Municipal Law shall be subject to the following restric-
tions:
a) No person, firm, association, corporation or
organization other than a licensee under the provisions of this
article, shall conduct such games of chance at a hall or other
premises for any consideration whatsoever, direct or indirect,
except as provided in Section 190 of this Article.
b) No game of chance shall be held, operated or
conducted on or within any leased premises if rental under such
lease is to be paid, wholly or partly, on the basis of a percent-
age of the receipts or net profits derived from the operation of
such game.
c) No authorized organization licensed under the
provisions of thisarticle shall purchase or receive any supplies
or equipment specifically designated or adapted for use in the
conduct of games of chance from other than a supplier licensed
by the New York State Racing and Wagering Board or from another
authorized organization.
d) The entire net profits of any game of chance and
of any rental shall be exclusively devoted to the lawful purposes
of the organization permitted to conduct the same.
e) No prize shall exceed the sum or value of one
hundred ($100.00) dollars in any operation or conducting of a
single game of chance as provided in Section 186 of this Article.
No single wager shall exceed ten ($10.00) dollars.
f) No series of prizes on any one occasion of games
of chance shall aggregate more than one thousand ($1,000.00)
dollars as provided in Section 186 of this Article.
g) No person except a bona fide member of any such
organization, its auxiliary or affiliated organization, shall
participate in the management or operation of such game, as set
forth in Section 195 C of this Article.
h) No person shall receive any remuneration for
participating in the management or operation of any such game.
i) The authorized conduct of a game of chance shall
constitute and be punishable as a misdemeanor.
SECTION 3: The powers and duties, as provided in Subdivi-
sion 1 of Section 194 of the General Municipal Law shall be
exercised by the chief law enforement officer of the County of
Dutchess.
dum.
SECTION 4: This ordinance issubject to a mandatory referen-
SECTION 5: If any provision of this ordinance shall be
L
adjudged unconstitutional by any Court of competent jurisdiction,
the remainder of said local law shall not be affected thereby.
SECTION 6: This ordinance shall be effective on January 1,
1977.
MR. JOHNSON moved that a Public Hearing be scheduled for October
4, 1976 at 7:00 P.M. at Town Hall, Mill Street, Wappingers Falls,
New York on an Ordinance Providing for the Conduct of Games of
Chance by Certain Organizations Pursuant to Article 9A of the
General Municipal Law, at which time all interested persons
will betheard.
Seconded by Mr. Jensen.
Roll Call Vote: 4 Ayes 0 Nays
MR. VERSACE moved to schedule a Special Meeting for October 4,
1976 at the Town Hall, Mill Street, Wappingers Falls, New York
for the purpose of considering the adoption of an Ordinance for
the Games of Chance, and any other business that may properly
come before the Board.
Seconded by Mr. Johnson.
Roll Call Vote: 4 Ayes 0 Nays
MR. VERSACE moved to adjourn the meeting, seconded by Mr. Johnson
and carried.
The meeting adjourned at 5:05 P.M.
Spec. Mt4. 9/20/76
Elaine H. Snowden
Town Clerk
314