N.Y. General Municipal Law 194 – Control and supervision; suspension of identification numbers and licenses; inspection of premises
§ 194. Control and supervision; suspension of identification numbers and licenses; inspection of premises. 1. The officer or department, shall have and exercise rigid control and close supervision over all games of chance conducted under such license, to the end that the same are fairly conducted in accordance with the provisions of such license, the provisions of the rules and regulations promulgated by the board, and the provisions of this article. Such officer or department and the board shall have the power and the authority to temporarily suspend any license issued by the clerk or department and/or impose fines for violations not to exceed one thousand dollars. Temporary suspension of licenses shall be promptly followed by a hearing, and after notice and hearing, the clerk, department, or board may suspend or revoke the same and declare the violator ineligible to apply for a license for a period not exceeding twelve months thereafter. Any fines tendered to the clerk, department, or board shall not be paid from funds derived from the conduct of games of chance. The officer and the department or the board shall additionally have the right of entry, by their respective officers and agents, at all times into any premises where any game of chance is being conducted or where it is intended that any such game shall be conducted, or where any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same. Upon suspension or revocation of any license or upon declaration of ineligibility to apply for a license, the board may suspend or revoke the identification number issued pursuant to section one hundred eighty-eight-a of this article. An agent of the appropriate officer or department shall make an on site inspection during the conduct of all games of chance licensed pursuant to this article.
Terms Used In N.Y. General Municipal Law 194
- Board: shall mean New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. General Municipal Law 186
- Clerk: shall mean the clerk of a municipality outside the city of New York. See N.Y. General Municipal Law 186
- Department: shall mean the New York City Department of Consumer Affairs. See N.Y. General Municipal Law 186
- Games of chance: shall mean and include only the games known as "merchandise wheels" "coin boards" "merchandise boards" "seal cards" "event games" "raffles" and "bell jars" and such other specific 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 fourteen-H of this chapter and also not including "bookmaking" "policy or numbers games" and "lottery" as defined in § 225. See N.Y. General Municipal Law 186
- Municipality: shall mean any city, town or village within this state. See N.Y. General Municipal Law 186
- Officer: shall mean the chief law enforcement officer of a municipality outside the city of New York, or if such municipality exercises the option set forth in subdivision two of section one hundred ninety-four of this article, the chief law enforcement officer of the county. See N.Y. General Municipal Law 186
- Premises: shall mean a designated area within a building, hall, tent, or grounds reasonably identified for the conduct of games of chance. See N.Y. General Municipal Law 186
2. A municipality may, by local law or ordinance enacted pursuant to the provisions of section one hundred eighty-eight of this article, provide that the powers and duties set forth in subdivision one of this section, shall be exercised by the chief law enforcement officer of the county. In the event a municipality exercises this option the fees provided for by subdivision two of section one hundred ninety-five-f of this article, shall be remitted to the chief fiscal officer of the county.
3. Subject to the applicable provisions of the alcoholic beverage control law, beer, cider, mead, braggot and wine may be offered for sale during the conduct of games of chance on games of chance premises as such premises are defined in subdivision nineteen of section one hundred eighty-six of this article; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises or the sale of any other alcoholic beverage in premises where only the games of chance known as bell jar or raffles are conducted.