§ 157-2. Definitions.

As used in this chapter, the following terms shall have the following meanings:

AUTHORIZED GAMES OF CHANCE LESSOR

An authorized organization which has been granted a lessor's license pursuant to the provisions of this chapter.

AUTHORIZED ORGANIZATION

Includes any bona fide religious or charitable organization or bona fide educational or service organization or bona fide organization of veterans or volunteer firemen which, by its charter, certificate of incorporation, Constitution or Act of the Legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in this chapter, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this chapter for a period of three years immediately prior to applying for a license under this chapter. No organization shall be deemed an "authorized organization" which is formed primarily for the purpose of conducting games of chance and the distribution of the proceeds thereof to itself or any other organization and which does not devote at least 75% of its activities to other purposes set forth in this chapter. No political party shall be deemed an "authorized organization."

AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT

Any person, firm, partnership or organization licensed by the Board to sell or lease games of chance equipment or paraphernalia which meets the specifications and regulations established by the Board. Nothing herein shall prevent an authorized organization from purchasing common articles, such as cards and dice, from normal sources of supply of such articles or from constructing equipment and paraphernalia for games of chance for its own use. However, no such equipment or paraphernalia constructed by an authorized organization shall be sold or leased to any other authorized organization without written permission from the Board.

BOARD

The New York State Racing and Wagering Board.

GAMES OF CHANCE

Include specific games of chance in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but not including games commonly known as "bingo" or "lotto," which are controlled under Article 14-H of the General Municipal Law, and also not including slot machines, bookmaking and policy or numbers games, as defined in § 225.00 of the Penal Law. No "game of chance" shall involve wagering of money by one player against another player.

LAWFUL PURPOSES

One or more of the following causes, deeds or activities:

A. 

Those which shall benefit needy or deserving persons indefinite in number by enhancing their opportunity for religious or educational advancement, by relieving them from disease, suffering or distress or by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of a devotion to the principles upon which this nation was founded and enhancing their loyalty to their governments.

B. 

Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.

C. 

Those which shall otherwise lessen the burdens borne by government or which are voluntarily undertaken by an authorized organization to augment or supplement services which government would normally render to the people.

LICENSED PERIOD

A period of time not to exceed 14 consecutive hours.

NET LEASE

A written agreement between a lessor and lessee under the terms of which the lessee is entitled to the possession, use or occupancy of the whole or part of any premises from any noncommercial or nonprofit organization for which the lessee pays rent to the lessor and likewise undertakes to pay substantially all of the regularly recurring expenses to the operation and maintenance of such leased premises.

NET PROCEEDS

A. 

In relation to the gross receipts from one or more occasions of games of chance, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for supplies and equipment, prizes, stated rental, if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the Board, janitorial services and utility supplies, if any, license fees and the cost of bus transportation, if authorized by the Board.

B. 

In relation to the gross rent received by an organization licensed to conduct such games for the use of its premises by another licensee, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for janitorial services and utility supplies directly attributable thereto, if any.

ONE OCCASION

The conducting of any one type of game of chance during any one license period. No series of prizes on any one occasion shall aggregate more than $1,000.

PRIZE

A sum of money or item or merchandise awarded by the authorized organization to a participant in any one operation or conducting of a game of chance in which participants utilize currency for participation and in which those who are not winners surrender their participating currency at the conclusion of the single operation of such game of chance. No prize for any one participant in any one operation or conducting of such single game of chance shall exceed the sum of $100. If a prize is awarded based on odds, only that portion in excess of the winning participant's bet shall be considered as a "prize." For the purposes of this definition, the value of a "prize" which consists of merchandise shall be the actual cost of the item of such merchandise.