195-Q - Bell jar compliance and enforcement.
§ 195-q. Bell jar compliance and enforcement. In the case of bell jars, the licensee, upon filing financial statements of bell jar operations, shall also tender to the board a sum in the amount of five percent of the net proceeds as defined in this paragraph, from the sale of bell jar tickets, seal cards, merchandise board, and coin boards, if any, for that portion of license period covered by such statement. For the purposes of this section, "net proceeds" shall mean the difference between the ideal handle from the sale of bell jar tickets, seal cards, merchandise boards, and coin boards less the amount of money paid out in prizes and less the purchase price of the bell jar deal, seal card deal, merchandise board deal, or coin board deal. Additionally, a credit shall be permitted against the net proceeds fee tendered to the board for unsold tickets of the bell jar deal as long as the unsold tickets have the same serial number as the tickets for which the fee is rendered. Such unsold tickets must be kept on file by the selling organization for inspection by the board for a period of one year following the date upon which the relevant financial statement was received by the board. 1. One-half of one percent of such fee received from authorized volunteer fire companies shall be paid to the New York state emergency services revolving loan account established pursuant to section ninety-seven-pp of the state finance law. 2. The racing and wagering board shall submit to the director of the division of the budget an annual plan that details the amount of money the racing and wagering board deems necessary to maintain operations, compliance and enforcement of the provisions of this article and the collection of the license fee authorized by this section. Contingent upon the approval of the director of the division of the budget, the racing and wagering board shall pay into an account, to be known as the bell jar collection account, under the joint custody of the comptroller and the board, the total amount of license fees collected pursuant to this section. With the approval of the director of the division of the budget, monies to be utilized to maintain the operations necessary to enforce the provisions of this article and the collection of the license fee imposed by this section shall be paid out of such account on the audit and warrant of the comptroller on vouchers certified or approved by the director of the division of the budget or his duly designated official. Those monies that are not utilized to maintain operations necessary to enforce the provisions of this article and the collection of the license fee authorized by this section shall be paid out of such amount on the audit and warrant of the state comptroller and shall be credited to the general fund.