STATE OF NEW YORK ________________________________________________________________________ 5391 2023-2024 Regular Sessions IN ASSEMBLY March 10, 2023 ___________ Introduced by M. of A. STIRPE -- read once and referred to the Committee on Racing and Wagering AN ACT to amend the general municipal law, in relation to employees of authorized organizations operating games of chance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 10 and 11 of section 189 of the general munic- 2 ipal law, as amended by chapter 574 of the laws of 1978, are amended to 3 read as follows: 4 10. No person except a bona fide member or employee of the licensed 5 authorized organization shall participate in the management of such 6 games; no person except a bona fide member or employee of the licensed 7 authorized organization, its auxiliary or affiliated organization, shall 8 participate in the operation of such game, as set forth in section one 9 hundred ninety-five-c of this article. 10 11. No person other than an employee shall receive any remuneration 11 for participating in the management or operation of any such game. 12 § 2. Section 195-c of the general municipal law, as amended by chapter 13 252 of the laws of 1998, is amended to read as follows: 14 § 195-c. [1.] Persons operating games; equipment; expenses; compen- 15 sation. 1. No person shall operate any game of chance under any license 16 issued under this article except a bona fide member or employee of the 17 authorized organization to which the license is issued, or a bona fide 18 member or employee of an organization or association which is an auxil- 19 iary to the licensee or a bona fide member or employee of an organiza- 20 tion or association of which such licensee is an auxiliary or a bona 21 fide member or employee of an organization or association which is 22 affiliated with the licensee by being, with it, auxiliary to another 23 organization or association. Nothing herein shall be construed to limit 24 the number of games of chance licensees for whom such persons may oper- 25 ate games of chance nor to prevent non-members or non-employees from EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03728-01-3
A. 5391 2 1 assisting the licensee in any activity other than managing or operating 2 games. No game of chance shall be conducted with any equipment except 3 such as shall be owned or leased by the authorized organization so 4 licensed or used without payment of any compensation therefor by the 5 licensee. However, in no event shall bell jar tickets be transferred 6 from one authorized organization to another, with or without payment of 7 any compensation thereof. The head or heads of the authorized organiza- 8 tion shall upon request certify, under oath, that the persons operating 9 any game of chance are bona fide members or employees of such authorized 10 organization, auxiliary or affiliated organization. Upon request by an 11 officer or the department any such person involved in such games of 12 chance shall certify that he or she has no criminal record. No items of 13 expense shall be incurred or paid in connection with the conducting of 14 any game of chance pursuant to any license issued under this article 15 except those that are reasonable and are necessarily expended for games 16 of chance supplies and equipment, prizes, security personnel, stated 17 rental if any, bookkeeping or accounting services according to a sched- 18 ule of compensation prescribed by the board, janitorial services and 19 utility supplies if any, and license fees, and the cost of bus transpor- 20 tation, if authorized by such clerk or department. No commission, sala- 21 ry, compensation, reward or recompense shall be paid or given to any 22 person other than an employee for the sale or assisting with the sale of 23 raffle tickets. 24 2. For the purpose of the sale of tickets for the game of raffle, the 25 term "operate" shall not include the sale of such tickets by persons of 26 lineal or collateral consanguinity to members of an authorized organiza- 27 tion licensed to conduct a raffle. 28 § 3. This act shall take effect immediately.