N.Y. General Municipal Law § 481: Investigation; matters to be determined; issuance of license; fees; duration of license

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

fees; duration of license. 1. The governing body of the municipality

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 bingo. If the governing body of

the municipality determines:

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

bingo under this article;

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

application to conduct bingo are bona fide active members or auxiliary

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 bingo, considering the factors set forth in article

twenty-three-A of the correction law;

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

the provisions of this article and in accordance with the rules and

regulations of the commission;

(iv) that the proceeds thereof are to be disposed of as provided by

this article;

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

whatsoever will be paid or given to any person holding, operating or

conducting or assisting in the holding, operation and conduct of any

such games of bingo except as in this article otherwise provided; and

(vi) that no prize will be offered and given in excess of the sum or

value of five thousand dollars in any single game of bingo and that the

aggregate of all prizes offered and given in all of such games of bingo

conducted on a single occasion under said license shall not exceed the

sum or value of fifteen thousand dollars, then the municipality shall

issue a license to the applicant for the conduct of bingo upon payment

of a license fee of eighteen dollars and seventy-five cents for each

bingo occasion.

Notwithstanding anything to the contrary in this paragraph, the

governing body shall refuse to issue a license to an applicant seeking

to conduct bingo in premises of a licensed commercial lessor where such

governing body determines that the premises presently owned or occupied

by such applicant are in every respect adequate and suitable for

conducting bingo games.

(b) Issuance of licenses to commercial lessors. If the governing body

of the municipality shall determine that the applicant seeking to lease

a hall or premises for the conduct of bingo to an authorized

organization is duly qualified to be licensed under this article; that

the applicant satisfies the requirements for an authorized commercial

lessor as defined in section four hundred seventy-six that at the time

of the issuance of an initial license, the governing body of the

municipality shall find and determine that there is a public need and

that public advantage will be served by the issuance of such license;

that the applicant has filed its proposed rent for each bingo occasion;

that the commission has approved as fair and reasonable a schedule of

maximum rentals for each such occasion; 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 a hall or premises for the

conduct of bingo is to be in accordance with the provisions of this

article and in accordance with the rules and regulations of the

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

said premises for the conduct of bingo to the authorized organization or

organizations specified in the application during the period therein

specified or such shorter period as the governing body of the

municipality shall determine, but not to exceed one year, upon payment

of a license fee of ten dollars plus an amount based upon the aggregate

rent specified in the license and determined in accordance with the

following schedule:

aggregate rental of $100 to $499 ....................... $5.00

aggregate rental of $500 to $999 ...................... $25.00

aggregate rental of $1,000 to $2,499 .................. $50.00

aggregate rental of $2,500 to $4,999 ................. $125.00

aggregate rental of $5,000 to $9,999 ................. $250.00

aggregate rental of $10,000 to $49,999 ............... $500.00

aggregate rental of $50,000 to $100,000 ............ $2,500.00

aggregate rental in excess of $100,000 ............. $5,000.00

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

municipality shall transmit to the state comptroller a sum equal to

fifty percent of all commercial lessor license fees and the sum of

eleven dollars and twenty-five cents per occasion of all license fees

for the conduct of bingo collected by such municipality pursuant to this

section during the preceding calendar month.

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

effective for a period of more than one year. In the case of limited

period bingo, no license shall be issued authorizing the conduct of such

games on more than two occasions in any one day nor shall any license be

issued under this article which shall be effective for a period of more

than seven of twelve consecutive days in any one year. No license for

the conduct of limited period bingo shall be issued in cities having a

population of one million or more.