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HomeMy WebLinkAboutLL 09 of 1999 Games of Chance LOCAL LAW NO. 9 OF THE YEAR 1999 A LOCAL LAW AMENDING AND RESTATING LOCAL LAW NO. 16 OF THE YEAR 1998 TO AUTHORIZE CONDUCT OF GAMES OF CHANCE BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF ITHACA Be it enacted by the Town of Ithaca as follows: Town of Ithaca Local Law No. 16 of the year 1998 authorizing conduct of bell jar games by authorized organizations within the Town of Ithaca as adopted by the Town Board August 10, 1998, and approved by the electors of the Town on November 10, 1998, is hereby amended and restated to read as follows: Section 1. Statutory Authority; Title This Local Law is adopted pursuant to the authority granted by Section 188 of Article 9-A of the General Municipal Law and shall be known as the "Town of Ithaca Games of Chance Local Law". Section 2. Definitions. The words and terms used in this Local Law shall have the same meanings as such words and terms are used in Article 9-A of the General Municipal Law, unless otherwise provided herein or unless the context requires a different meaning. Without limiting the foregoing, the definitions of "authorized organization", "lawful purposes", and "games of chance" as set forth in Section 186 of the General Municipal Law as the same may be amended from time to time shall have the same definitions for the purposes of this Local Law. Section 3. Conduct of Games of Chance Authorized; Restrictions. Pursuant to, and in accordance with, the provisions of Section 188(1) of the General Municipal Law of the State of New York and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor as provided in Article 9-A of the General Municipal Law and other applicable statutes, to conduct games of chance within the territorial limits of the Town of Ithaca, subject to the provisions of this Local Law, the provisions of Article 9-A of the General Municipal Law, and the rules and regulations set forth by any applicable New York State or local agency relating thereto. The conduct of games of chance shall be subject to the restrictions imposed by Section 189 of the General Municipal Law. Section 4. Sunday Games. Pursuant to Section 195 of the General Municipal Law the conduct of games of chance on Sunday between the hours of noon and midnight is hereby authorized. Notwithstanding this provision no authority is granted to conduct games of chance on the three days set forth in Section 195 of the General Municipal Law on which days the State of New York prohibits the conduct of 2 such games. Section 5. Control and Supervision. The powers and duties set forth in subdivision 1 of Section 194 of the General Municipal Law shall be exercised on behalf of the Town of Ithaca by the Town Supervisor, the Town Clerk, the Town Building and Zoning Enforcement Officer, and such other person or persons as the Town may direct by resolution from time to time. Section 6. Summary Application for License. Pursuant to Section 190 of the General Municipal Law, applicants for a license who have obtained an identification number from the New York State Racing and Wagering Board and otherwise qualifying pursuant to said Section 190 may apply for a license on a summary application as authorized in Section 190(3) rather than a full application required by Section 190(1) of the General Municipal Law. Section 7. Mandatory Referendum. In accordance with the provisions of Section 188(2) of the General Municipal Law and Section 23(1) of the Municipal Home Rule Law, this Local Law shall not become operative or effective unless and until it shall have been approved at the next general election held within the Town of Ithaca by the affirmative vote of a majority of the qualified electors of the Town voting upon the proposition. Section 8. Partial Invalidity. If any part or provision of this Local Law or the application thereof to any person or circumstance be judged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances. Section 9. Applicability in the Village of Cayuga Heights. This local law shall apply to the territory of the Town within the Village of Cayuga Heights only if, after adoption of this Local Law, the Board of Trustees of such Village adopts a local law or resolution in accordance with Section 187 of the General Municipal Law authorizing the Town to issue licenses for games of chance within such village. Section 10. Effective Date. 3 This Amended and Restated Local Law shall take effect, if approved as set forth above by the electors, on November 15, 1999.