Bob, I've been trying to find the section in NYSRW Board about who
or what is it you can donate or take money out of the bell jar for. Can you
tell me where that section is ?
(05.02.2010)
5624.21 Lawful expenditures.
(a) Expenditures solely and directly applicable to games of chance. The
expenditures listed in this subdivision do not require the prior approval of
the board and must simply be reported in part B on form GC-7 and GC-7R,
where applicable:
(1)Equipment and supplies. Purchase and rental of games of chance equipment,
tables and chairs, dice, cards, games of chance currency, etc.
(2) Rent. Rent paid to licensed games of chance lessors.
(3) Services. Janitorial and custodial services, guard service, preparation
of GC-7's and GC-7R's and maintaining a monthly bookkeeping system.
(4) License fees. All amounts paid to the municipality. Additional license
fees must be reported in part C on form GC-7 and GC-7R, and part B on form
GC-7Q.
(5) Other Expenses. Printing of games of chance forms; house rules, postage
for games of chance purposes; fidelity bonds for persons responsible for
games of chance funds; repairs to games of chance equipment; advertising
expenses; bank charges, etc.
(b) Expenditures for worthy causes. Expenditures for the following items,
which do not require prior board approval, shall be reported in part E on
form GC-7 and part D on forms GC-7Q and GC-7R.
(1) Charitable. Donations to nationally or locally recognized charitable
organizations.
(2) Patriotic. Contributions to or participation in patriotic, civic and
community projects, such as Veterans' Day activities, Memorial Day and
Independence Day observances, memorials, etc.; uniforms, instruments and
traveling expenses for bands which participate in civic, patriotic and
community activities.
(3) Youth activities. Donations for nationally or locally recognized youth
athletic, recreational and civic programs.
(4) Educational. Contributions for open scholarships, where recipients are
not limited to children of the licensee, its auxiliary or affiliate and
selection committee is not dominated by members of the licensee, its
auxiliary or affiliate; teachers salaries; exchange student funds; books for
libraries and equipment for schools or other educational organizations.
(5) Religious. Contributions or expenditures for religious purposes and
activities such as clerics' salaries, maintenance of religious buildings,
and the purchase of religious supplies.
(6) Fire-fighting activities and volunteer ambulance corps. Expenditures
incurred in providing services in case of fire, accidents, sudden severe
illness, public calamity or other emergencies; purchase of vehicles,
apparatus, equipment and uniforms; attending training schools and
inspections; participation in drills and exhibitions; membership fees of
licensee in fire-fighting and emergency medical technician associations.
(7) Veterans activities which initiate, perform or foster the provision of
services to veterans by encouraging the gathering of such veterans and
enable or further the erection or maintenance of facilities for use by such
veterans which shall be used primarily for charitable or patriotic purposes
or those purposes which shall be authorized by a bona fide organization of
veterans, provided however that such proceeds are disbursed pursuant to
section 189 of the General Municipal Law and the board's rules.
(c) Guidelines for all other expenditures. All expenditures must be
reasonable, justifiable and directly related to carrying out one or more of
the licensee organization's lawful purposes, as defined in section 186,
subsection 5 of the General Municipal Law.
(1) An organization exclusively engaged in any of the above enumerated
"worthy causes" does not need prior written approval from the board
regarding expenses directly related to carrying out one or more of its
lawful purposes, with the exception of those expenses listed in paragraph
(4) of this subdivision.
(2) Regarding certain types of licensee organizations, such as fraternal and
service organizations, the board requires that at least one third of the net
profits derived from games of chance be expended for the above enumerated
"worthy causes" before any games of chance funds may be disbursed for the
licensee organization's operating expenses. This one third donation rate is
calculated on a calendar-year basis and any deficiency will be cumulative.
It is incumbent upon each licensee to periodically review its contribution
record. If the provisions of this Subtitle are not strictly adhered to, the
licensed organization shall be prohibited from disbursing any of its games
of chance funds for other than "worthy causes" without obtaining the prior
written approval of the board.
(3) Expenditures requiring no written approval. The following regulations
apply to the operating expenses of licensed fraternal and service
organizations:
(i) materials and labor for repairs which are necessary for normal
maintenance, including electrical, roofing, heating, hardware, paint,
lumber, etc. However, such expenditures are limited to $10,000 in the
aggregate in a calendar year. Such expenditures, when in excess of $10,000,
require prior written permission from the board;
(ii) janitorial and custodial salaries, including all payroll taxes;
(iii) supplies, such as cleaning materials, brooms, shovels, floor wax,
paper supplies, etc.;
(iv) utilities, including light, heat, power and water;
(v) rubbish removal;
(vi) insurance, including fire, workers' compensation, public liability,
burglary, robbery and property damage;
(vii) real estate taxes;
(viii) snow removal charges;
(ix) telephone charges;
(x) printing and mailing charges; and
(xi) legal, accounting or other professional fees not exceeding $5,000 per
calendar year.
(4) Expenditures requiring prior written approval (submit an "Application
for Permission to Disburse Net Proceeds of Games of Change" GC-317, to
board's office). Organizations of veterans shall file with the board a copy
of the minutes of the meeting of the membership authorizing any of the
expenditures below in lieu of filing a GC-317:
(i) mortgages;
(ii) rent paid by licensee organization for use of property for its
activities;
(iii) new buildings, additions, renovations or repairs in excess of $10,000
per calendar year;
(iv) purchase of air conditioning units, furniture, furnishings, office and
kitchen equipment and motor vehicles;
(v) repair, maintenance and acquisition of parking lots;
(vi) salaries, other than those authorized in paragraphs (a)(3) and (b)(5)
of this section and subparagraph (3)(ii) of this subdivision; and
(vii) legal, accounting or other professional fees exceeding $5,000 per
calendar year.
(d) Disapproved expenditures. All types of licensee organizations may not
use games of chance funds for the following, except that organizations of
veterans shall file with the board a copy of the minutes of the meeting of
membership authorizing any of the expenditures below:
(1) entertainment or social activities for the benefit of members of
licensee organization, its auxiliary or affiliate. At all times it should be
borne in mind that the use of games of chance funds for the exclusive
benefit of members of the licensee organization, its auxiliary or affiliate
is unlawful and prohibited;
(2) welfare, sick or death benefit funds for members and families;
(3) dues and assessments;
(4) gifts or loans to members of licensee organization, its auxiliary or
affiliate;
(5) convention expenses for delegates of licensee organization, its
auxiliary or affiliate;
(6) any and all expenses connected with bars and the dispensing of alcoholic
beverages;
(7) TV or other amusement devices for use of licensee organization, its
auxiliary or affiliate;
(8) expenses and salaries connected with other fund raising activities such
as the operation of food service facilities and concessions; or
(9) tickets purchased from profit or not-for-profit organizations, such as
raffle or theatre tickets, for use by members.
(e) Interest-bearing accounts.
(1) Pending disbursement, games of chance funds may be transferred from the
special games of chance checking account into one or more interest-bearing
accounts. At present the board allows transfer only into savings accounts,
money market accounts and certificates of deposit insured by the U.S.
Government, and U.S. Treasury Bills. Monies transferred remain part of the
unexpended balance of games of chance funds and any account into which the
games of chance funds are transferred shall be designated a "special games
of chance account." Advance approval by the board of such transfers is not
required, however, a memo covering each transfer should accompany the
appropriate financial statement. Such memo shall reflect the date, check
number, amount and complete description of the account into which the games
of chance funds have been transferred, including bank name, address,
telephone number and account number.
(2) No expenditures may be made directly from an interest-bearing account.
The funds must be redeposited in the special games of chance account, and
disbursed in accordance with section 5624.9 of this Part.
(3) The board frequently receives inquires concerning the establishment of a
building fund. Such building fund must be established in accordance with
provisions of paragraph (1) of this subdivision. Before the monies in such
building fund can be used, it is required that the licensee submit form
GC-317 and receive approval from the board. Organizations of veterans shall
file with the board a copy of the minutes of the meeting of the membership
authorizing the establishment of a building fund in lieu of filing a GC-317.
The funds must be redeposited into the special games of chance checking
account before being disbursed.
(4) All interest earned by interest-bearing accounts shall be considered
part of the unexpended games of chance balance and shall be reported at
least once a year in part E-4 of form GC-7, part C-3 on form GC-7Q and part
D-4 of form GC-7R.
Back to NYS Aerie Website
Back to Q and A