189-A - Authorized supplier of games of chance equipment.
§ 189-a. Authorized supplier of games of chance equipment. No person, firm, partnership, corporation or organization, shall sell or distribute supplies or equipment specifically designed or adapted for use in conduct of games of chance without having first obtained a license therefor upon written application made, verified and filed with the board in the form prescribed by the rules and regulations of the board. As a part of its determination concerning the applicant's suitability for licensing as a games of chance supplier, the board shall require the applicant to furnish to the 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. Manufacturers of bell jar tickets shall be considered suppliers of such equipment. 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 and rental of games of chance supplies and equipment to duly licensed authorized 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 equal to two per centum of the gross sales and rentals, if any, of games of chance equipment and supplies to authorized organizations or authorized games of chance lessors by the applicant during the preceding calendar year, or fiscal year if the applicant maintains his accounts on a fiscal year basis. No license granted pursuant to the provisions of this section shall be effective for a period of more than one year. (a) 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 authorized games of chance lessor; (5) a firm or corporation in which a person defined in subdivision (1), (2), (3) or (4) above has greater than a ten per centum proprietary, equitable or credit interest or in which such a person is active or employed. (b) The board shall have power to examine or cause to be examined the books and records of any applicant for a license, 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. (c) Any solicitation of an organization licensed to conduct games of chance, to purchase or induce the purchase of games of chance supplies and equipment, other than by a person licensed or otherwise authorized pursuant to this section shall constitute a violation of this section. (d) Any person who willfully shall make any material false statement in any application for a license authorized to be issued under this section 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.(e) At the end of such period specified in the license, a recapitulation shall be made as between the licensee and the board in respect of the gross sales and rentals actually recorded during that 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 board by the rules and regulations shall prescribe.