2010 New York Code
EXC - Executive
Article 19-B - (430 - 439-A) STATE BINGO CONTROL COMMISSION
435 - Powers and duties of the commission.

§ 435. Powers  and  duties  of the commission. 1. The commission shall
  have the power and it shall be its duty to:
    (a) Supervise the administration of the bingo licensing law and adopt,
  amend and repeal  rules  and  regulations  governing  the  issuance  and
  amendment  of licenses thereunder and the conducting of games under such
  licenses, which rules and regulations shall have the force and effect of
  law and shall be binding upon all municipalities issuing  licenses,  and
  upon  licensees  thereunder  and licensees of the commission, to the end
  that such licenses shall be issued to qualified licensees only and  that
  said  games  shall be fairly and properly conducted for the purposes and
  in the manner in the said bingo licensing law prescribed and to  prevent
  the  games  thereby  authorized to be conducted from being conducted for
  commercial purposes or purposes other  than  those  therein  authorized,
  participated  in by criminal or other undesirable elements and the funds
  derived from the games being diverted from the purposes authorized, and,
  to provide uniformity in the administration of said law  throughout  the
  state, the commission shall prescribe forms of application for licenses,
  licenses,  amendment  of  licenses,  reports of the conduct of games and
  other matters incident to the administration of such law;
    (b)  Conduct,  anywhere  within  the  state,  investigations  of   the
  administration,  enforcement  and  potential or actual violations of the
  bingo licensing law and of the rules and regulations of the commission;
    (c) Review all determinations and actions of the  municipal  governing
  body  in  issuing  an initial license, and it may review the issuance of
  subsequent licenses and, after hearing, revoke those licenses  which  do
  not  in  all  respects  meet  the  requirements of this article, article
  fourteen-h of the general municipal law and the rules and regulations of
  the commission;
    (d) Suspend or revoke a license, after hearing, for any  violation  of
  the  provisions  of  this  article,  article  fourteen-h  of the general
  municipal law or the rules and regulations of the commission;
    (e) Hear appeals from the determinations and action of  the  municipal
  governing  body  in  connection with the refusing to issue licenses, the
  suspension and revocation of licenses and the imposition of fines in the
  manner prescribed by  law  and  the  action  and  determination  of  the
  commission  upon  any  such  appeal  shall be binding upon the municipal
  governing body and all parties thereto;
    (f) Initiate prosecutions for violations of this article  and  of  the
  bingo licensing law;
    (g)  Carry on continuous study of the operation of the bingo licensing
  law to ascertain from time  to  time  defects  therein  jeopardizing  or
  threatening to jeopardize the purposes of this article, and to formulate
  and  recommend  changes in such law and in other laws of the state which
  the commission may determine to be necessary for the realization of such
  purposes, and to the  same  end  to  make  a  continuous  study  of  the
  operation  and  administration of similar laws which may be in effect in
  other states of the United States.
    (h) Supervise the disposition of all funds derived from the conduct of
  bingo by authorized organizations not currently licensed to conduct such
  games;
    (i)  Issue  an  identification  number  to  an  applicant   authorized
  organization  if  it  shall  determine  that the applicant satisfies the
  requirements of the bingo licensing law and the rules and regulations.
    2. (a) The commission shall have the power to issue or, after hearing,
  refuse to issue a license permitting a person, firm  or  corporation  to
  sell  or  distribute to any other person, firm or corporation engaged in
  business as a wholesaler, jobber, distributor or retailer of all  cards,
  boards,  sheets,  pads  and  all  other  supplies, devices and equipment

designed for use in the play of bingo by an organization  duly  licensed
  to  conduct  bingo  games  or  to  sell or distribute any such materials
  directly to such an organization. For the purposes of this  section  the
  words  "sell  or distribute" shall include, but shall not be limited to,
  the  following  activities;  offering  for  sale,  receiving,  handling,
  maintaining,  storing  the  same  on  behalf  of  such  an organization,
  distributing or providing the same to such an organization, and offering
  for sale or lease bingo devices and equipment. Each such  license  shall
  be valid for one year.
    (b)  No  person, firm or corporation, other than an organization which
  is or has been during the  preceding  twelve  months  duly  licensed  to
  conduct  bingo  games,  shall  sell  or  distribute  bingo  supplies  or
  equipment without having first obtained a license therefor upon  written
  application  made,  verified  and  filed with the commission in the form
  prescribed by the rules and regulations of the commission. As a part  of
  its  determination  concerning the applicant's suitability for licensing
  as a bingo supplier, the New York state racing and wagering board  shall
  require the applicant to furnish to such board two sets of fingerprints.
  Such fingerprints shall be submitted to the division of criminal justice
  services  for  a  state  criminal  history  record  check, as defined in
  subdivision one of section three thousand thirty-five of  the  education
  law,  and  may be submitted to the federal bureau of investigation for a
  national criminal history record check.  In each such application for  a
  license  under  this section shall be stated the name and address of the
  applicant;  the  names  and  addresses  of  its   officers,   directors,
  shareholders  or  partners; the amount of gross receipts realized on the
  sale or distribution of bingo supplies and equipment  to  duly  licensed
  organizations  during  the  last  preceding calendar or fiscal year, and
  such other  information  as  shall  be  prescribed  by  such  rules  and
  regulations.  The  fee  for  such  license  shall  be  a  sum  equal  to
  twenty-five dollars plus an amount based upon the gross sales,  if  any,
  of  bingo  equipment  and  supplies  to  authorized organizations by the
  applicant during the preceding calendar year,  or  fiscal  year  if  the
  applicant  maintains his accounts on a fiscal year basis, and determined
  in accordance with the following schedule:
    gross sales of $1,000 to $4,999................$10.00
    gross sales of $5,000 to $19,999...............$50.00
    gross sales of $20,000 to $49,999.............$200.00
    gross sales of $50,000 to $100,000............$500.00
    gross sales in excess of $100,000...........$1,000.00
    (c) The following shall be ineligible for such a license:
    (1) a person convicted of a crime who has not  received  a  pardon,  a
  certificate   of   good   conduct   or  a  certificate  of  relief  from
  disabilities;
    (2) a person who is or has been a  professional  gambler  or  gambling
  promoter or who for other reasons is not of good moral character;
    (3) a public officer or employee;
    (4) an operator or proprietor of a commercial hall duly licensed under
  the bingo licensing law;
    (5)  a  firm  or  corporation in which a person defined in subdivision
  (1), (2), (3) or (4) above, or a person married or related in the  first
  degree  to such a person, has greater than a ten per centum proprietary,
  equitable or credit interest or in which such  a  person  is  active  or
  employed.
    (d)  The control commission shall have power to examine or cause to be
  examined the books and records of any applicant for a  license,  or  any
  licensee,  under  this section. Any information so received shall not be
  disclosed except so far as may be necessary for the purpose of  carrying

out the provisions of this article and article fourteen-h of the general
  municipal law.
    (e)  Any  solicitation  of  an  organization licensed to conduct bingo
  games, to  purchase  or  induce  the  purchase  of  bingo  supplies  and
  equipment,  or  any  representation,  statement  or  inquiry designed or
  reasonably tending to influence such an  organization  to  purchase  the
  same,  other  than by a person licensed or otherwise authorized pursuant
  to this section shall constitute a violation of this section.
    (f) Any person who willfully shall make any material  false  statement
  in  any  application  for  a  license authorized to be issued under this
  article or who willfully shall violate any of  the  provisions  of  this
  section  or  of  any  license  issued  hereunder  shall  be  guilty of a
  misdemeanor and, in addition to the penalties  in  such  case  made  and
  provided,  shall  forfeit  any  license  issued  to him or it under this
  section and be ineligible to apply for a license under this section  for
  one year thereafter.
    (g)  At  the end of the license period, a recapitulation shall be made
  as between the licensee and the commission in respect of the gross sales
  actually recorded during the license period and the fee  paid  therefor,
  and  any  deficiency of fee thereby shown to be due shall be paid by the
  licensee and any excess of fee thereby shown to have been paid shall  be
  credited  to said licensee in such manner as the commission by the rules
  and regulations shall prescribe.
    3. The commission shall have the power  to  approve  and  establish  a
  standard  set  of bingo cards comprising a consecutively numbered series
  and shall by its rules and regulations prescribe  the  manner  in  which
  such  cards  are to be reproduced and distributed to licensed authorized
  organizations.  The  sale  or  distribution  to  a  licensed  authorized
  organization  of  any  card  or  cards other than those contained in the
  standard set of  bingo  cards  shall  constitute  a  violation  of  this
  section.  Licensed authorized organizations shall not be required to use
  nor to maintain such cards seriatim  excepting  that  the  same  may  be
  required in the conduct of limited period bingo games.