2006 New York Code - 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, and 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,  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.


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