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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