N.Y. General Municipal Law 195-N – Manufacturers of bell jars; reports and records
§ 195-n. Manufacturers of bell jars; reports and records. 1. Distribution; manufacturers. For business conducted in this state, manufacturers licensed by the board to sell bell jar tickets shall sell only such tickets to distributors licensed by the board. Manufacturers of bell jar tickets, seal cards, merchandise boards, and coin boards may submit samples, artists' renderings, or color photocopies of proposed bell jar tickets, seal cards, merchandise boards, coin boards, payout cards, and flares for review and approval by the board. Within thirty days of receipt of such sample or rendering, the board shall approve or deny such bell jar tickets. Following approval of a rendering of a bell jar ticket, seal card, merchandise board, or coin board by the board, the manufacturer shall submit to the board a sample of the printed bell jar ticket, seal card, merchandise board, coin board, payout card, and flare for such game. Such sample shall be submitted prior to the sale of the game to any licensed distributor for resale in this state. For coin boards and merchandise boards, nothing herein shall require the submittal of actual coins or merchandise as part of the approval process. Any licensed manufacturer who willfully violates the provisions of this section shall: (a) upon such first offense, have their license suspended for a period of thirty days; (b) upon such second offense, participate in a hearing to be conducted by the board, and surrender their license for such period as recommended by the board; and (c) upon such third or subsequent offense, have their license suspended for a period of one year and shall be guilty of a class E felony. Any unlicensed manufacturer who violates the provisions of this section shall be guilty of a class E felony.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E felony | between 1 and 4 years | up to $5,000 |
Terms Used In N.Y. General Municipal Law 195-N
- Bell jars: shall mean and include those games in which a participant shall draw a card from a jar, vending machine, or other suitable device or container which contains numbers, colors or symbols that are covered and which, when uncovered, may reveal that a prize shall be awarded on the basis of a designated winning number, color or symbol or combination of numbers, colors or symbols. See N.Y. General Municipal Law 186
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Flare: shall mean a poster description of the bell jar game, which shall include a declaration of the number of winners and amount of prizes in each deal, the number of prizes available in the deal, the number of tickets in each deal which contain the stated prize; the manufacturer's game form number, and the serial number of the deal which shall be identical to the serial number imprinted on each ticket contained in the deal. See N.Y. General Municipal Law 186
- merchandise board: shall mean a board used in conjunction with bell jar tickets which contains and displays various coins and/or merchandise as prizes. 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
- Seal cards: shall mean a board or placard used in conjunction with a deal of the same serial number which contains one or more concealed areas that, when removed or opened, reveal a predesignated winning number, letter, or symbol located on the board or placard. See N.Y. General Municipal Law 186
2. Bar codes. The manufacturer shall affix to the flare of each bell jar game a bar code that provides all information prescribed by the board and shall require that the bar code include the serial number of the game the flare describes. A manufacturer shall also affix to the outside of the container or wrapping containing a deal of bell jar tickets a bar code providing all information prescribed by the board and containing the same information as the bar code affixed to the flare. The board may also prescribe additional bar code requirements. No person may alter the bar code that appears on the flare or on the outside of the container or wrapping containing a deal of bell jar tickets. Possession of a deal of bell jar tickets that has a bar code different from the serial number of the deal inside the container or wrapping as evidenced on the flare is prima facie evidence that the possessor has altered the bar code on the container or wrapping.
3. Bell jar flares. (a) A manufacturer shall not ship or cause to be shipped into this state any deal of bell jar tickets that does not have its own individual flare as required for that deal by rule of the board. A person other than a licensed manufacturer shall not manufacture, alter, modify, or otherwise change a flare for a deal of bell jar tickets except as authorized by this article or rules and regulations promulgated by the board.
(b) The flare for each deal of bell jar tickets sold by a manufacturer in this state shall be placed inside the wrapping of the deal which the flare describes.
(c) The bar code affixed to the flare of each bell jar game shall bear the serial number of such game as prescribed by the board.
(d) The flare of each bell jar game shall have affixed a bar code that provides: (1) the game code; (2) the serial number of the game; (3) the name of the manufacturer; and (4) other information the board by rule may require. The serial number included on the bar code shall be the same as the serial number of the tickets included in the deal. A manufacturer who manufactures a deal of bell jar tickets shall affix to the outside of the container or wrapping containing the bell jar tickets the same bar code that is affixed to the flare for that deal.
(e) No person shall alter the bar code that appears on the outside of a container or wrapping containing a deal of bell jar tickets. Possession of a deal of bell jars that has a bar code different from the bar code of the deal inside the container or wrapping is prima facie evidence that the possessor has altered the bar code on the box.
4. Reports of sales. A manufacturer who sells bell jar tickets for resale in this state shall file with the board, on a form prescribed by the board, a report of all bell jar tickets sold to distributors in the state. The report shall be filed quarterly on or before the twentieth day of the month succeeding the end of the quarter in which the sale was made. The board may require that the report be submitted via magnetic media or electronic data transfer.
5. Inspection. The board may inspect the premises, books, records, and inventory of a manufacturer without notice during the normal business hours of the manufacturer.