The URL can be used to link to this page

Home My WebLink AboutMN-GOV-2005-08-22 GOVERNANCE COMMITTEE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting Monday, August 22, 2005 7:00 p.m. PRESENT: Chair Mackesey Alderpersons (3) Zumoff, Taylor, Korherr OTHERS PRESENT: City Attorney— Luster Information Management Specialist - Day Alderperson Tomlan EXCUSED (1) Whitmore APPROVAL OF MINUTES: By Alderperson Zumoff: Seconded by Alderperson Korherr RESOLVED, that the Minutes of the July 25, 2005 Governance Committee meeting be approved as published. Carried Unanimously ANNOUNCEMENTS AND REPORTS FROM COMMITTEE MEMBERS: Alderperson Taylor informed the committee that the college students have returned to Ithaca and so far the enforcement of noise ordinance has been "zero" tolerance. Tickets are being issued, however first time warnings have also been issued. "LEED" - Discussion A copy of a resolution on LEED (Leadership in Energy and Environmental Design)from Suffolk County was distributed to the Governance Committee for review. Discussion was held on the floor with committee members voicing their support of the LEED concept. Alderperson Mackesey agreen to schedule representatives to discuss the LEED concept with city employees and Planning Committee. An Ordinance to Amend Chapter 192 of the City of Ithaca Municipal Code Entitled "Games of Chance" By Alderperson Zumoff: Seconded by Alderperson Korherr BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 192 of the City of Ithaca Municipal Code is hereby amended as follows: Section 1. §192-2. Definitions. A. Specific terms. As used in this chapter, the following terms shall have the following meanings: AUTHORIZED ORGANIZATION -- Includes any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firemen which, by its charter, certificate of incorporation, constitution or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in Article 9-A of the General Municipal Law, provided that each shall operate without profit to its members, and provide that each such organization has engaged in serving one or more of the lawful purposes as defined in Article 9-A of the General Municipal Law for a period of three years immediately prior to applying for a license under this chapter and Article 9-A of the General Municipal Law. BOARD -- The New York State Racing and Wagering Board. CITY -- The City of Ithaca, New York. GAMES OF CHANCE — Includes only the games known as "merchandise wheels," "coin boards," "merchandise boards," "seal cards," "raffles," and "bell jars" and such other games as may be authorized by the Board, 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" which are controlled under Article 14-H of the General Municipal Law and also not including slot machines, "bookmaking," "policy or numbers games," and "lottery" as defined in §225 of the Penal Law. No game of chance shall involve wagering of money by one player against another. § 192-3. Authorization; conduct to conform to state provisions. Authorized organizations may, upon the obtainment of a license from the City Clerk, conduct games of chance within the City of Ithaca as provided in Article 9-A of the General Municipal Law and as provided further in this chapter. Such games of chance shall be conducted in accordance with the general state law and with the rules and regulations of the New York State Racing and Wagering Board and this chapter. § 192-4. Restrictions. The conduct of games of chance authorized by this chapter shall be subject to the following restrictions: A. No person, firm, association, corporation or organization, other than a licensee under the provisions of this chapter, shall conduct such game or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided in § 190 of the General Municipal Law. 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 percentage of the receipts or net profits derived from the operation of such game. C. No authorized organization licensed under the provisions of this chapter shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than a supplier licensed by the Board or from another authorized organization. D. The entire net proceeds 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 single prize awarded by games of chance other than raffle shall exceed the value of$300.00, except that for merchandise wheels, no single prize shall exceed the sum of$250.00, [no single wager shall exceed $6.00]. No single prize awarded by raffle shall exceed the sum or value of$50000.00, except that an authorized organization may award by raffle a single prize having a value up to and including $100,000.00 if its application for a license filed pursuant to Section 190 of the General Municipal Law includes a statement of its intent to award a prize having such value. No single wager shall exceed $6.00 and for bell iars, coin boards, or merchandise boards, no single prize shall exceed $500.00 provided, however, that such limitation shall not apply to the amount of money or value paid by the participant in a raffle in return for a ticket or other receipt. For coin boards and merchandise boards, the value of a prize shall be determined by its cost to the authorized organization or, if donated, its fair market value. F. No authorized organization shall award a series of prizes consisting of merchandise with an aggregate value in excess of [$1,000] $10,000.00 during the successive operations of any one merchandise wheel, and $3,000.00 during the successive operations of any bill iar, coin board, or merchandise board. No series of prizes awarded by raffle shall have an aggregate value in excess of$100,000.00. For coin boards and merchandise boards, the value of a prize shall be determined by its cost to the authorized organization or, if donated, its fair market value. 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 § 195-c of the General Municipal Law. H. No person under the age of 18 years shall be permitted to play any game of chance or conduct or assist in the conducting of any game of chance conducted pursuant to this chapter. I. No game of chance shall be conducted under any license issued more often than 12 times in any calendar year. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and Thursday and only between the hours of 12:00 noon on Friday and 1:00 a.m. Saturday and only between the hours of 12:00 noon on Saturday and 1:00 a.m. on Sunday. Games of chance on Sunday may be conducted only between the hours of 1:00 p.m. and 12:00 midnight. J. No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve. K. No person shall receive any remuneration for participation in the management or operation of any such game. L. The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor. M. In addition to merchandise wheels, no more than five other single types of games of chance shall be conducted during any one license period. N. Except for merchandise wheels and raffles, no series of prizes on any one occasion shall aggregate more than $400 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $500 when the licensed authorized organization conducts fewer than five single types of games of chance, exclusive of merchandise wheels, during any one license period. No authorized organization shall award by raffle prizes with an aggregate value in excess of$100,000.00 during any one license period. 0. Except for the limitations on the sum or value for single prizes and a series of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period. P. No authorized organization shall extend credit to a person to participate in playing a game of chance. Q. No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor. [§ 192-5. Incorporation of state provisions. This chapter shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law, except as otherwise provided in this chapter, and any amendment to the provisions in such Article to the extent that such provisions and amending acts are otherwise applicable to games of chance authorized under this chapter.] § 192-5 [192-6]. Enforcement. The Police Department shall exercise control over and supervision of all games of chance conducted under an appropriately issued license. Such Department shall have all those powers and duties set forth in Article 9-A of the General Municipal Law. Alderperson Mackesey explained that City Attorney Luster prepared an amendment to the Games of Chance Ordinance that incorporates raffles as a legalized Game of Chance in the City. In addition the amendments will align our local legislation with State law. A vote on the Ordinance resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 7:34 p.m. 6-/Cati_d)IZOIsA. Ov142 /if Cindie L. Day Pamela Mackesey Information Management Specialist Chair