§ 34-2. Definitions., Chapter 34. Games of Chance, Code of Ordinances, Brookhaven

As used in this chapter, the following terms shall have the meanings indicated:

AUTHORIZED GAMES OF CHANCE HALL LESSOR

An authorized organization which has been granted a lessor's license, pursuant to this chapter, to lease a hall in which games of chance are to be conducted.

AUTHORIZED ORGANIZATION

Includes any bona fide religious or charitable organization, bona fide educational or service organization or bona fide organization of veterans or volunteer firemen which shall have as a dominant purpose one or more of the lawful purposes as defined in this chapter and shall operate without profit to its members. Such organization shall be in existence and operating for this lawful purpose for a period of at least three years immediately prior to applying for a license under this chapter. No political party shall be seen as an authorized organization nor shall any organization formed primarily for the purpose of conducting games of chance.

AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT

Any person, firm, partnership or organization licensed by the Board to sell or lease games of chance equipment or paraphernalia for which the specifications and regulations have been established by the Board. Nothing in this chapter shall prevent an authorized organization from purchasing common articles, such as cards and dice, from normal sources of supply of such articles or from constructing equipment and paraphernalia for games of chance for its own use. However, no such equipment or paraphernalia constructed by an authorized organization shall be sold or leased to any other authorized organization without the written authorization of the Board.

BOARD

The New York State Racing and Wagering Board.

CLERK

The Town Clerk of the Town of Brookhaven.

GAMES OF CHANCE

Includes specific games of chance in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols, determined by chance, but not including games commonly known as "bingo" or "lotto" and also not including slot machines, bookmaking and policy or numbers games, as defined in § 225.00 of the New York State Penal Law. No game of chance shall involve wagering of money by one player against another.

LAWFUL PURPOSE

Includes one or more of the following purposes or causes:

A.

Those which shall benefit needy and deserving persons in allowing for their religious or educational advancement or relieving them from disease or distress or by aiding their physical well-being or by helping them to establish themselves as worthy and useful citizens.

B.

Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.

C.

Those which shall otherwise lessen the burdens borne by government or which are voluntarily undertaken by an authorized organization to augment or supplement service which government would normally render to the people.

LICENSE PERIOD

The conducting of any type of game of chance on any one occasion which shall not exceed the period of 14 consecutive hours.

ONE OCCASION

The conducting of any type of game of chance during any one license period. No series of prizes on any one occasion shall exceed the aggregate amount authorized pursuant to the provisions of the General Municipal Law § 189.

PRIZE

A sum of money or item of merchandise or service which is awarded to one who wins a game of chance or is surrendered by those who do not win at the conclusion of a single operation of a game of chance. No series of prizes on any one operation of such game of chance shall exceed the amount as authorized pursuant to the provisions of the General Municipal Law § 189. If a prize is awarded based on odds, only that portion in excess of the winning wager made shall be considered the prize. If merchandise or services are awarded as the prize, the value shall be seen as the actual cost of the merchandise or service.

TOWN

The Town of Brookhaven.