N.Y. General Municipal Law § 191: Investigation; matters to be determined; issuance of license; fees; duration of license

§ 191. Investigation; matters to be determined; issuance of license;

fees; duration of license. 1. The clerk or department shall make an

investigation of the qualifications of each applicant and the merits of

each application, with due expedition after the filing of the

application.

(a) Issuance of licenses to conduct games of chance. If such clerk or

department determines:

(i) that the applicant is duly qualified to be licensed to conduct

games of chance under this article;

(ii) that the member or members of the applicant designated in the

application to manage games of chance are bona fide active members of

the applicant and are persons of good moral character and have never

been convicted of a crime if there is a direct relationship between one

or more of the previous criminal offenses and the integrity or safety of

charitable gaming, considering the factors set forth in article

twenty-three-A of the correction law;

(iii) that such games are to be conducted in accordance with the

provisions of this article and in accordance with the rules and

regulations of the gaming commission and applicable local laws or

ordinances and that the proceeds thereof are to be disposed of as

provided by this article; and

(iv) that no commission, salary, compensation, reward or recompense

whatever will be paid or given to any person managing, operating or

assisting therein except as in this article otherwise provided; then

such clerk or department shall issue a license to the applicant for the

conduct of games of chance upon payment of a license fee of twenty-five

dollars for each license period.

(b) Issuance of licenses to authorized games of chance lessors. If

such clerk or department shall determine that the applicant seeking to

lease premises for the conduct of games of chance to a games of chance

licensee is duly qualified to be licensed under this article; that the

applicant satisfies the requirements for an authorized organization as

defined in section one hundred eighty-six of this article; that the

applicant has filed its proposed rent for each license period and that

the clerk or department has approved the proposed rent as fair and

reasonable; that the net proceeds from any rental will be devoted to the

lawful purposes of the applicant; that there is no diversion of the

funds of the proposed lessee from the lawful purposes as defined in this

article; and that such leasing of premises for the conduct of such games

is to be in accordance with the provisions of this article, with the

rules and regulations of the board and applicable local laws and

ordinances, it shall issue a license permitting the applicant to lease

said premises for the conduct of such games to the games of chance

licensee or licensees specified in the application during the period

therein specified or such shorter period as such clerk or department

shall determine, but not to exceed twelve license periods during a

calendar year, upon payment of a license fee of fifty dollars. Nothing

herein shall be construed to require the applicant to be licensed under

this article to conduct games of chance.

(c) Issuance of license upon summary application. If, upon the basis

of a summary application as prescribed under subdivision three of

section one hundred ninety of this article, the clerk or department

shall determine that the applicant is duly qualified to be licensed to

conduct games of chance under this article, said clerk or department

shall forthwith issue said license. In the event the clerk or department

has reason to believe that the applicant is not so qualified the

applicant shall be directed to file an application pursuant to

subdivision one of section one hundred ninety of this article.

2. On or before the thirtieth day of each month, the treasurer of the

municipality in which the licensed property is located shall transmit to

the state comptroller a sum equal to fifty percent of all authorized

games of chance lessor license fees and the sum of fifteen dollars per

license period for the conduct of games of chance collected by such

clerk or department pursuant to this section during the preceding

calendar month.

3. No license shall be issued under this section which shall be

effective for a period of more than one year.