N.Y. Const. art. I, § 9: Right to assemble and petition; divorce; lotteries; pool-selling and gambling; laws to prevent; certain state operated lotteries authorized; pari-mutuel betting on horse races, and bingo or lotto permitted

§ 9. 1. No law shall be passed abridging the rights of the people

peaceably to assemble and to petition the government, or any department

thereof; nor shall any divorce be granted otherwise than by due judicial

proceedings; except as hereinafter provided, no lottery or the sale of

lottery tickets, pool-selling, book-making, or any other kind of

gambling, except lotteries operated by the state and the sale of lottery

tickets in connection therewith as may be authorized and prescribed by

the legislature, the net proceeds of which shall be applied exclusively

to or in aid or support of education in this state as the legislature

may prescribe, except pari-mutuel betting on horse races as may be

prescribed by the legislature and from which the state shall derive a

reasonable revenue for the support of government, and except casino

gambling at no more than seven facilities as authorized and prescribed

by the legislature shall hereafter be authorized or allowed within this

state; and the legislature shall pass appropriate laws to prevent

offenses against any of the provisions of this section.

2. Notwithstanding the foregoing provisions of this section, any city,

town or village within the state may by an approving vote of the

majority of the qualified electors in such municipality voting on a

proposition therefor submitted at a general or special election

authorize, subject to state legislative supervision and control, the

conduct of one or both of the following categories of games of chance

commonly known as: (a) bingo or lotto, in which prizes are awarded on

the basis of designated numbers or symbols on a card conforming to

numbers or symbols selected at random; (b) games in which prizes are

awarded on the basis of a winning number or numbers, color or colors, or

symbol or symbols determined by chance from among those previously

selected or played, whether determined as the result of the spinning of

a wheel, a drawing or otherwise by chance. If authorized, such games

shall be subject to the following restrictions, among others which may

be prescribed by the legislature: (1) only bona fide religious,

charitable or non-profit organizations of veterans, volunteer

firefighter and similar non-profit organizations shall be permitted to

conduct such games; (2) the entire net proceeds of any game shall be

exclusively devoted to the lawful purposes of such organizations; (3) no

person except a bona fide member of any such organization shall

participate in the management or operation of such game; and (4) no

person shall receive any remuneration for participating in the

management or operation of any such game. Unless otherwise provided by

law, no single prize shall exceed two hundred fifty dollars, nor shall

any series of prizes on one occasion aggregate more than one thousand

dollars. The legislature shall pass appropriate laws to effectuate the

purposes of this subdivision, ensure that such games are rigidly

regulated to prevent commercialized gambling, prevent participation by

criminal and other undesirable elements and the diversion of funds from

the purposes authorized hereunder and establish a method by which a

municipality which has authorized such games may rescind or revoke such

authorization. Unless permitted by the legislature, no municipality

shall have the power to pass local laws or ordinances relating to such

games. Nothing in this section shall prevent the legislature from

passing laws more restrictive than any of the provisions of this

section.