Loading...
HomeMy WebLinkAboutLL-1977 #01 NOTICE OF PUBLIC HEARING ONLOCALLAW NOTICE is hereby given that there has been presented to the Town Board of the Town of Southold on the 13th day of September, 1976. a Local Law entitled "A Local Law in relation to permitting games of chance in the Town of Southold". Said Local Law provides that it shall be lawful for any authorized organization as defined by Article 9-A of the General Municipal Law upon obtaining a permit therefor to conduct games of chance within the territorial limits of the Town of Southold. subject to the provisions of this local law and Article 9-A of the General Municipal Law; pro- hibits games of chance to be conducted within any leased premises if the rental is to be paid on the basis of a percentage of receipts from the operation of such game; requires that supplies and equipment used in the conduct of such games shall be obtained from a licensed supplier or an authoriz- ed organization: requires that the entire net proceeds of any game of chance shall be devoted exclusive- ly to the lawful purposes of the organization; provides that no prize shall exceed the sum or value ot'$100.O0 and that no wager shall exceed $10.00, and that no series of prizes on any occasion shall aggregate more than $1,000,00; provides that only bona fide members O~ any .organization, its auxiliary or affiliated, organization shall, participate in the manage- ment or operation of such games: provides that no perSon shall recede any remuneratio~ for p,~rticipating in ~e ~ma~n~g~em~ent ~r operation o~ any Such games: ~,xwkles that the unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor; and provides that such local law shall not become effective until approved by a majority of the electors of the Town of $outhold voting_ on a_pro- position submitted at a general or special election held within the Town of Southold. Copies of such Local Law are available at the office of the Town Clerk for inspection by and distri- bution to anv interested person during business hours. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearmg on the aforesatd Local La at the Supervisor's Office, 16 South Street, Greenport, New York on the 21st da: of Septem- ber. 1976 at 3:30 o'clock P.M., at which time and place all interested persons will be heard. Dated: September 13, 1976 Judith T. Terry Town Clerk IT-9/16 COUNTY OF SUFFOLK [ ss' STATE OF NEW YORK j Sherley Kotz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at £outhold, in Suffolk County; and that the notice of which the annexed is o printed copy, ~os been published in said Lon~ Island Troveler-VVatch- man once each week for ......... I.. ............................ weeks successively, commencing on the ..... /.-~Z ............................ clay of ...... ~~-, 19-2-.~--- / Sworn to before me this ...... .~'..,'~... ........... clay or LOCAL LAW NO. 1976 A Local Law in relation to permitting games of 'chance in the Town of Southold. Be it enacted by the Town Board of the Town of Southold as follows: I. Chapter 30 of the Code of the Town of Southold is hereby amended by adding a new Article thereto, to be Article II to read as follows: ARTICLE II GAMES OF CHANCE Section 30-20 Definitions. The words and phrases used in this Article shall, for the purpose of this Article have the meanings respectively ascribed to them by Article 9-A of the General Municipal Law. Section 30-21 Games of Chance. It shall be lawful for any authorized organization, as defined in Section 186 of Article 9-A of the General Municipal Law, upon obtaining the required license therefor, to 'conduct games of chance within the territorial limits of the Town of Southold, subject to the provisions of this article and Article 9-A of the General Municipal Law. Section 30-22 Restrictions. The conduct of games of chance authorized by this Article shall be subject to the following restrictions: A. No person, f~rm, association, corporation or organization, other than a licensee under the provisions of Article 9-A of the General Municipal Law, shall conduct such game or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided in section one hundred ninety of Article 9-A of the General Municipal Law. B. No game of chance shall be held, operated or conducted on or w~thin any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of such ~ame. C. No authorized organization licensed under the provisions of Article 9-A of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than a supplier licensed by the board or from another authorized organization. D. The entire net proceeds oi any game of chance and of rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same. E. No prize shall exceed the sum or value of one hundred dollars in any operation or conducting of a single game of chance as provided in section one hundred eighty-six of Article 9-A of the General Municipal Law. No single wager shall exceed ten dollars. F. 1~o series of prizes on any one occasion of games of chance shall aggregate more than one thousand dollars as provided in section one hundred eighty-six of Article 9-A of the General Municipal Law. G. No person except a bona fide member of any such organization, its auxiliary or affiliated organization, shall participate in the manage- ment or operation of such game, as set forth in section one hundred ninety-five-c of Article 9-A of the General Municipal Law. H. No person shall receive any remuneration for participating in the management or operation of any such game. I. The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor. Section 30-23 Approval by Electors. This Local Law shall not become operative or effective unless and until it shall have been approved by a major~ty of the electors voting on a proposition submitted at a general or special election held within the Town of Southold who are qualified to vote for officers of the Town of Southold. II. This local law shall take effect immediately. -2- DEPARTMENT OF STATE 162 WASHINGTON AVENUE ALBANY, NEW YORK 1'2231 February 8, 1977 Robert W, Taskez Town Attorney Office of Town Attorney Town of Southold 425 Main Street Greenport, L,I., NY 11944 Dear Sir / Madam: of Please be advised that Local Law(s) lg77 Town of Southold of the 1 was/were received and filed on 217177 We are enclosing additional forms for your future use when filing local laws. Very truly yours, MARIO M. CUOMO Secretary of State by: es C. Aube Chief Clerk State Records and Lmw Bureau JCA:cmc cc: State Comptroller Division of Municipal Affairs G120-006 STATE OF NEW YORK DEPARTMENT OF' AUDIT AND CONTROl. ALBANY March 1, 1977 Robert W. Tasker Town of Southold Office of Town Attorney 425 Main Street Greenport, L.I., N.Y. 11944 D~ar Sir: I hereby acknowledge receipt as of certified copy of Local Law No. 1 of 1977 for the Town of Southold which copy is being filed in this office. of February 8, 1977 KRP: js cc: Secretary of State ~ery/~] y yours, ~ Associate Attorney (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~£~ S outhold Town ................................................ Local Law No ....................... ..1. ................................ of the Fear 19 _7...7. ..... A local law in relation to ]2.ermittin[ games of chance in the Town .9.f ~..9.uth.o. ld (l~-I title) Be it enacted by the Town Board .................................................................................................................................... of the (Name o~ Le~islslive Cr~r _r Southold Town ........................................................................................................................................................ as follows: I. Chapter 30 of the Code of the Town of Southold is hereby amended by adding a new article thereto, to be Article II to read as follows: ARTICLE II GAMES OF CHANCE Section 30-20 Definitions. The words and phrases used in this Article shall, for the purpose of this Article have the meanings respectively ascribed to them by Article 9-A of the General Municipal Law. Section 30-21 Games of Chance. It shall be lawful for any authorized organization, as defined in Section 18S of Article 9-A of the General Municipal Law, upon obtainining the required license therefor, to conduct games of chance within the territorial limits of the Town of Southotd, subject to the provisions of this article and Article 9-A of the General Municipal Law. Section 30-22 Restrictions. The conduct of games of chance authorized by this Article shall be subject to the following restrictions: additional space is needed, pleaso attaoh sheets of the sa- ' ............... ~~.m ~ne ssme s~ze as. th~s and numoer each)~ Page t A. No person, firm, association, corporation or orgamzazion, other than a licensee under the provisions of Article 9-A of the other premises for any consideration whatsoever, direct or ~direct, excepz as p~ovided in section one hundred ninety of Article 9-A ~ ~he Oeneral Municipal Law. B. No game of chance shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of sUch game. C. No authorized organization licensed under the provisions of Article 9-A of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than a supplier licensed by the board or from another authorized organization. D. The entire net proceeds of any game of chance and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same. E. No prize shall exceed the sum or value of one hundred dollars in any operation or conducting of a single game of chance as provided in section one hundred eighty-six of Article 9-A of the General Municipal Law. No single wager shall exceed ten dollars. F. iNo series of prizes on any o_ne occasion of games of chance shall aggregate more than one thousand dollars as provided in section one hundred eighty-six of Article 9-A of the General ]VIunicipal Law. G. No person except a bona fide merr~3er of any such organization, its auxiliary or affiliated organization, shall participate in the manage- ment or operation of such game, as set forth in section one hundred ninety-five-c of Article 9-A of the General Municipal Law. H. No person shall receive any remuneration for participating in the management or operation of any such game. I. The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor. Section 30-23 Approval by Electors. This Local Law shall not become operative or effective unless and until it shall have been approved by a majority of the electors voting on a proposition submitted at a general or special election held within the Town of Southold who are qualified to vote for officers of the Town of Southold. It. This local law shall take effect immediately. Approved hy the elec~tormte on February 2, 1977 at a~ sp. ecial town. In favor - I70 Opposed - 19 (Complete the certification inthe paragraph which applies to the£11ing of this local law and strike oat the matter therein which is not applicable,) (Final adoption by !oca! .~egisla;ive body enIyo) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ........ County City of. the Town of ..................................... was duly passed by the Village (N .... f Legislative Body) on ................................................ 19 ........ in accordance with the applicable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certifythat the local law annexed hereto, designatedas local law No ..................... of 19 ........ County City of the Town of ...................................... was duly passe'd by the .................................................................................. Village (Name of Legislative Body) not disapproved on ................................................. 3_9 ........ and was approved by the ....................................................... repassed after disapproval Elective Chief Executive Officer ~ and was deemed duly adopted on ........................................................ 19 ......... in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ........ .1. ......... of 19.....7..7... of the ~Lt~ of Southold was duly passed by the Town Bcard Town ...................................... · ..................................................................................... ~crcrc~ (Name of Legislative Body) on ....... ..O._c..t..o...b...e.r.....1.: .................... 19..7..6... and was approved kyrxbex. ............................................................. ~~~ Elective Chief l~xecutive Officer * on ............... ..F...e...b.?...u....a~7...Y.....2.,. .......................... 19....7...7.. Such local law was submitted to the people by reason of a mandatory t~e~;*i×~ referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the special election held on ....... ..F...e..b...r...q..a..r.~....2..: ................... 19..7...7..., in accordance with the appli- cable provisions of law. (Subject to permissive referendum,and final adoption because no valid petition filed ~equesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. ......... County City of the Town of ...................................... was duly passed by the ................................................................................ on Village (Name of Legislative Body) not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval Elective Chief Executive Officer * .............................................................. [9 ......... Such local law being subject to a permissive referendum and ro valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ....... ., in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none. the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town, where such offieer is vested with power to approve or veto local laws or ordinances. Page 2 (City local law concerning Charter re;ision proposed by petition.) [ hereby cerfif? that thc los a[ ',aw ,x;ncxed hereto, desi~ated as local law No ..................... of 19 ........ ~ ~e r-f/~ ~ ................................................................... ~,av[~x~ been subm{~-~ ~c ~%"en~.q ~ ......... : ' -: ' special ,~ of the ~atified electors ot such city voting thereon at the general election held on ................................. ~ ................ 19 ............ ~came operative. 6. (County local law concerning adoption of Charter.) I hereby certify' that the local law annexed hereto, designated as Local Law No ....... of 19 ......of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... [9 .......... , pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general eiection, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) ~ I further certify that [ have compared the preceding local law with the original on file .in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph .....t..h.?...e...e. ............ above. ~ezk of the County legislative body, City, T~ or Village Clerk officer designated by local legislative body Judith T. Terry, Southold Town Clerk Date: February 3, 1977 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ...S.~..F....F....O..~ .K. ........................... I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ............. Zq .w.n..At.t 9.r.n.ey. ............... Title Date: February 3, 1977 of .................... 3..a. ........................ Town~!f Page 3 PUBLIC HEARING - LOCAL LAW - GAMINS OF CHANCE - SEPTEMBER 21, 1976 Present were: Supervisor Albert M. Martocchia Justice Martin Suter Justice Louis Demarest Justice Francis Doyen Councilman James F. Homart Councilman James H. Rich, Jr. Public Hearing was opened at 3:40 p.m. by Supervisor Martocchia. Councilman Homart read the Notice of Hearing and presented proof of publication from the Long Island Traveler- Watchman. There was also presented a duly notarized affidavit that the notice has been posted on the Tow~ Clerk's Bulletin Board. Supervisor: You have heard the reading of the proposed local law, the advertisement in the proper local papers, the official paper and the alternate paper, the Suffolk Times, that it was posted in the Town Clerk's Office. Does anyone wish to speak on that proposed local law, in favor? Anyone wish to speak in opposition to that proposed local law? Hearing none, is there any discussion at all on this proposed law? HearLng none, has everyone had the opportunity to speak? Bob Seh indicated he was in favor. Supervisor: Does anyone else wish to speak? Any further discussion necessary on this proposed law? Hearing none, the hearing will be called to a close and the Board will make a determination very shortly and, if the Board goes along with it, it will be on the ballot in November. Respectfully submitted, Muri~t Brus~b~,/ Secretary NOTICE OF SPECIAl. TOWN ELECTION NO~!CE IS HEREBY GIVEN thit a sl~clal Town election of the qualified electors of the Town of SouOt~ld, Suffolk County. New York. will b~ held in said Town on {he 2nd day of February, 197'], with the polls to be open between the hours of 12 o'clock Noon and 8 o'clock P.M- E.S.T. The voting place at which the qualified voters of Election District No. I in said Town shall vote shall be the Fishers Island Firehouse, Fishers ' Island, New York. The voting. place at which the qualified voters of all other election districts in said Town shall vote shaJ] be the Southold Firehouse, Main Road, Southold, Suffolk County, New York. That such election shall be for the purpose of voting upon the following propOsition, to wit:- .. PROPOSITION Shall Games of Chance be per- mitted within the territorial limits of the Town of Southo!d, ih accordance with the provi- sions of Article 1, Section 9. of the Constitution of the State of New York as amended; the pro- visions of Article 9-A of the General Municipal Law; the Rules and Regulations of the New York Racing' and Wager- ing Board: and in accordance with the provisions of a Local Law enacted by the Town Board entitled "A Local Law in relation to permitting games of chance in the Town of South- old". Dated: January Il, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK 2T-1/20.27 'COUNTY OF SUFFOLK / STATE OF NEW YORKf ss: Sherley Katz, being duly sworn, soys that she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said L,mg~lsland Traveler-Watch- man once each week for .......... ¥..'~... ........................ weeks successively, commencing on the __.-..'?_~ ............................... Sworn to before me this ..T;.../ ................. doy of ...Z~..¥ ............................ 19_.t..2. NOTICE OF SPECIAL TOWN ELECTION NOTICE IS HEREBY GIVEN that a special Town election of the qualified electors of the Town of Southold, Suffolk County, New York, will be held in said Town of the 2nd day of February, 1977, with the polls to be open between the hours of 12 o'clock Noon and 8 o'clock P.M.E.S.T. The voting place at which the qualified voters of election District No. 1 in said Town shall vote shall be the Fishers Island Firehouse, Fishers Island, New York. The voting place at which the qualified voters of all other election districts in said Town shall vote shall be the Southold Firehouse, Main Road. Southold. Suffolk County, New York. That such election shall be for the purpose of voting upon the following proposition, to wit:- PROPOSITION Shall Games of Chance be permitted within the territorial limits of the Town of Southold, in accordance with the provisions of Article 1. Section 9. of the Con- stitution of the State of New York as amended; the provisions of Article 9-A of the General Municipal Law; the Rules and Regulations of the New York Pacing and Wager/rig Board; and in accordance with the prov/sions of a Local Law enacted by the Town Board entitled "A Local Law in relation to permitting games of chance in the Town of Southold". Dated: January 11, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK COUNTY OF SUFFOLR, STA-r~ OF NEW YOI1K, ? ss: J Stuart C. Dovmau ..................................... being duly Sworn, soys that . .h..e_.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the s~id Suffolk Weekhr Times once in each week, tot . . .t~.o.- .(.2. .) ................. weeks successively commencing on ~he ....t~..e.~.t..~..e.t._h ............ day of .... :.7. a.. ~9 .7.7_ ~. ,:,~. -,~ .................................. Sworn to b~e me this . ..~..~. ..... day of .... ,j,~.,_ ...... ,- ~'-,rch 35, 19.