1976-10-04 SPMX 35
A Special Meeting of the Town Board of the Town of Wappinger was
held on Monday October 4, 1976 at 7:30 P.M. at the Town Hall,
Mill Street, Wappingers Falls, New York.
Supervisor Diehl called the meeting to order at 7:30 P.M.
Present:
Louis Diehl, Supervisor
Leif' Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
ElaineLSnowden:, Town Clerk
Absent:
Louis Clausen, Councilman.
Others Present:
Allan Rappleyea, Attorney to the Town
Said meeting having been scheduled at the Sept. 27, 1976 Board
meeting for the purpose of considering action on the proposed
Town of Wappinger Ordinance providing for the conduct of Games
of Chance, and any other business that may properly come before
the Board. Supervisor Diehl placed the proposed Ordinance before
the Board since the Public Hearing had been duly held on October
4, 1976 at 7:00 P.M. Affidavits of Posting and Publication having
been duly offered for the record, and all interested persons had
been heard, the matter was taken into consideration.
The following Ordinance was offered by Councilman Jensen who moved
its adoption:
AN ORDINANCE PROVIDING FOR THE CONDUCT OF GAMES OF
CHANCE BY CERTAIN ORGANIZATIONS PURSUANT TO
ARTICLE 9-A OF THE GENERAL MUNICIPAL LAW.
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 asdescribed 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 organiza-
tion 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:oncon-
ducted on or within any leased premises if rental under such lease
is to be paid, wholly or partly, on the basis of a percentage of
the receipts or net profits derived from the operation of such
game.
c). No authorized organization licensed under the provi-
sions of this article shall purchase or recive 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 organi-
zation, its auxiliary or affiliated organization, shall participate
in the management or operation of such game, as set forth in Section
195C of this Article.
h). No person shall receive any remuneration for partici-
pating in the management or operation of any such game.
i). The unauthorized 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 enforceMent officer of the, County of
Dutchess.
SECTION 4: This ordinance is subject to a mandatory
referendum.
SECTION 5: If any provision of this ordinance shall be
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.
Seconded by: Councilman Johnson
Roll Call Vote:
Councilman Clausen Absent
Councilman Jensen Aye
Councilman Johnson Aye
Councilman Versace Aye
Supervisor Diehl Aye
Resolution Duly Adopted
4b/ The following Resolution was offered by COUNCILMAN JOHNSON , who
moved its adoption:
WHEREAS, the Town of Wappinger has adopted an ordinance
providing for the authorization of Games of Chance, pursuant
to Article 9-A of the General Municipal Law, and
WHEREAS, the adoption of such ordinance is subject to the
adoption of a mandatory referendum by the electors of the Town
of Wappinger, and
WHEREAS, the Town Clerk has transmitted to the Town Board
a form of a proposition to be considered,
NOW, THEREFORE, BE IT RESOLVED that the following proposi-
tion shall be submitted to the voters of the Town of Wappinger
at a Special election to be held at the time of the annual
election on November 2nd, 1976:
PROPOSITION
SHALL THE ORDINANCE AUTHORIZING GAMES OF CHANCE
TO BE CONDUCTED IN THE TOWN OF WAPPINGER
PURSUANT TO ARTICLE 9-A OF THE GENERAL MUNICIPAL
LAW BE APPROVED?
Yes No
The Town Clerk of the Town of Wappinger is hereby authorized
and directed to submit the above proposition to the Board of
Elections of the County of Dutchess so that said proposition
may be acted upon at the annual election to be held on November
2nd, 1976. Said election shall be conducted upon machine ballots,
and the polling places shall be those provided for dt the annual
Town election to be held on November 2nd, 1976, as follows:
POLLING PLACE LOCATION DISTRICT
Mesier Park-Mesier Homestead W.F. 1
Town Hall -Mill Street 2
Garner Engine-W.Academy St. 3
Wappinger Jr. High School-Remsen Ave. 4,13
Ketcham High School -Myers Corners Rd. 5,7,8
New Hackensack Chruch Christian
Educational Center Rt. 376 6,21
New Hackensack Fire House -Myers Corners Rd. 9,20
Myers Corners Elementary Schl. Myers Corners 10,17,18
Hughsonville Fire House -Old Hopewell Rd. 11,12,16
Chelsea School House -Liberty St. 14,15
Mt. Hope Grange -Myers Corners Rd. 19
The polls shall be open between the hours of 6:00 A.M. and
94_00 P.M.
The election inspectors and ballot clerks shall be those
designated by the Town Board pursuant to the provision of the
Election Law to serve for the general election for 1976.
Seconded by: Councilman Jensen
Roll Call Vote:
Councilman Clausen Absent
Councilman Jensen Aye
Councilman Johnson Aye
Councilman Versace Aye
Supervisor Diehl Aye
Resolution Duly Adopted
Mrs. Snowden informed the Board that the Tentative Budget for
the Town of Wappinger for the year 1977 was filed in her office
on September 30, 1976, pursuant to Section 106 Paragraph 3,
the Tentative Budget was hereby presented to the Town Board by
the Town Clerk.
MR. JOHNSON moved that the iamb...Board regeive the Tentative
Budget for 1977 and it be placed on file.
Seconded by Mr. Jensen
Roll Call Vote: 4 Ayes 0 Nays
MR. DIEHL moved the meeting be adjourned, seconded by Mr. Jensen
and carried.
The meeting adjourned at 7:37 P.M.
dalno
Elaine H. Snowden
Town Clerk
Spl. Mtg. 10/4/76
A Public Hearing was held by the Town Board of the Town of
Wappinger on Monday, October 4, 1976, at 7:00 P.M. at the Town
Hall, Mill Street, Wappingers Falls, New York on an Ordinance
Authorizing Games of Chance to be conducted in the Town of
Wappinger Pursuant to Article 9-A of the General Municipal Law.
Supervisor Diehl opened the Hearing at 7:07 P.M.
Present:
Louis Diehl, Supervisor
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Absent:
Louis Clausen, Councilman
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized by Albert Osten, of
the W&SD News. (These Affidavits are attached hereto and made a
part thereof of the Minutes of this Hearing).
Supervisor Diehl asked if there were any residents who wished
to speak for or against this Ordinance.
There were no questions, no one wished to speak.
Supervisor Diehl closed the Hearing at 7:09 P.M.
7-?AiuQ_ akulitu,
Elaine H. Snowden
Town Clerk