N.Y. General Municipal Law § 195-f: Statement of receipts, expenses; additional license fees

§ 195-f. Statement of receipts, expenses; additional license fees. 1.

Within seven days after the conclusion of any license period other than

a license period for a raffle, or as otherwise prescribed by the board,

the authorized organization which conducted the same, and its members

who were in charge thereof, and when applicable the authorized games of

chance lessor which rented its premises therefor, shall each furnish to

the clerk or department a statement subscribed by the member in charge

and affirmed by him as true, under the penalties of perjury, showing the

amount of the gross receipts derived therefrom and each item of expense

incurred, or paid, and each item of expenditure made or to be made other

than prizes, the name and address of each person to whom each such item

of expense has been paid, or is to be paid, with a detailed description

of the merchandise purchased or the services rendered therefor, the net

proceeds derived from the conduct of games of chance during such license

period, and the use to which such proceeds have been or are to be

applied and it shall be the duty of each licensee to maintain and keep

such books and records as may be necessary to substantiate the

particulars of each such statement.

2. Within thirty days after the conclusion of an occasion during which

a raffle was conducted, the authorized organization conducting such

raffle and the members in charge of such raffle, and, when applicable,

the authorized games of chance lessor that rented its premises therefor,

shall each furnish to the clerk or department a statement on a form

prescribed by the gaming commission, subscribed by the member in charge

and affirmed by him or her as true, under the penalties of perjury,

showing the number of tickets printed, the number of tickets sold, the

price, and the number of tickets returned to or retained by the

authorized organization as unsold, a description and statement of the

fair market value for each prize actually awarded, the amount of the

gross receipts derived therefrom, each item of expenditure made or to be

made other than prizes, the name and address of each person to whom each

such item of expense has been paid, or is to be paid, a detailed

description of the merchandise purchased or the services rendered

therefor, the net proceeds derived from the raffle at such occasion, the

use to which the proceeds have been or are to be applied. It shall be

the duty of each licensee to maintain and keep such books and records as

may be necessary to substantiate the particulars of each such statement,

provided, however, where the cumulative net proceeds or net profits

derived from the conduct of a raffle or raffles are less than thirty

thousand dollars during any one occasion, in such case, the reporting

requirement shall be satisfied by the filing within thirty days of the

conclusion of such occasion a verified statement prescribed by the

gaming commission attesting to the amount of such net proceeds or net

profits and the distribution thereof for lawful purposes with the clerk

or department and a copy with the gaming commission, and provided

further, however, where the cumulative net proceeds derived from the

conduct of a raffle or raffles are less than five thousand dollars

during any one occasion and less than thirty thousand dollars during one

calendar year, no reporting shall be required.

3. Any authorized organization required to file an annual report with

the secretary of state pursuant to article seven-A of the executive law

or the attorney general pursuant to article eight of the estates, powers

and trusts law shall include with such annual report a copy of the

statement required to be filed with the clerk or department pursuant to

subdivision one or two of this section.

4. Upon the filing of such statement of receipts pursuant to

subdivision one or two of this section, the authorized organization

furnishing the same shall pay to the clerk or department as and for an

additional license fee a sum based upon the reported net proceeds, if

any, for the license period, or in the case of raffles, for the occasion

covered by such statement and determined in accordance with such

schedule as shall be established from time to time by the board to

defray the actual cost to municipalities or counties of administering

the provisions of this article, but such additional license fee shall

not exceed five percent of the net proceeds for such license period. The

provisions of this subdivision shall not apply to the net proceeds from

the sale of bell jar tickets. No fee shall be required where the net

proceeds or net profits derived from the conduct of a raffle or raffles

are less than thirty thousand dollars during any one occasion.