New York Statewide Rule

New York Charitable Gaming Requires Local Option

Significant RestrictionsApplies statewide across New York (2026)

Key Facts

Governing law: Gen. Mun. Law Arts. 9-A (games of chance) & 14-H (bingo)
Adoption method: Local law/ordinance plus majority-of-electors referendum required
Village games-of-chance: Village piggybacks on town's law via permissive-referendum resolution
Village bingo: Village's own bingo law ousts the town's authority there
State regulator: New York State Gaming Commission (merged 2013)
State ID needed: Each org also needs a Games of Chance/Bingo ID number
Unlicensed penalty: Promoting gambling. Class A misdemeanor or Class E felony

Last verified: August 21, 2026

Summary

New York grants no automatic right to run charitable gambling. General Municipal Law Article 9-A lets a town, city, or village opt in to games of chance by local law or ordinance, but that law only takes effect after voters approve it in a referendum; Article 14-H imposes the identical referendum requirement for bingo. Until a specific municipality adopts and voters ratify it, no authorized organization there may legally hold a game of chance or bingo night.

§ 187. Local option. Subject to the provisions of this article, and pursuant to the direction contained in subdivision two of section nine of article one of the constitution of the state, the legislature hereby gives and grants to every municipality the right, power and authority to authorize the conduct of games of chance by authorized organizations within the territorial limits of such municipality. A local law or ordinance adopted by a town shall be operative in any village or within any part of any village located within such town if, after adoption of such local law or ordinance, the board of trustees of such village adopts a local law or resolution subject to a permissive referendum as provided in article nine of the village law authorizing the issuance of licenses by the town for games of chance within such village. Such local law or resolution may be repealed only by a local law or resolution which shall also be subject to a permissive referendum, or by enactment of a local law authorizing games of chance as provided in section one hundred eighty-eight of this article.

View official code

Full Breakdown

New York's charitable-gambling framework is opt-in at the town, city, or village level, not statewide. General Municipal Law § 187 gives 'every municipality the right, power and authority to authorize the conduct of games of chance by authorized organizations within the territorial limits of such municipality', authority the legislature does not exercise on any municipality's behalf. ' A vote of the town board or city council alone is not enough; the measure must also clear a townwide or citywide referendum. Article 14-H imposes the identical mechanic for bingo, with a twist: § 477 grants the same local-option authority, but if a village's electors separately approve their own bingo local law under § 478, the surrounding town's authority no longer extends into that village for as long as the village law stays in effect.

Games of chance work the opposite way, § 187 lets a village piggyback on its town's already-adopted law by passing its own local law or permissive-referendum resolution, rather than displacing the town's reach. Once adopted, either law can be undone only by another local law or resolution that goes through the same public-vote process. Even after a municipality opts in, an authorized organization still cannot run either activity without its own Games of Chance/Bingo Identification Number from the New York State Gaming Commission, a separate application (Commission Form 1A) the agency says takes eight to ten weeks to process. Skip either the municipal referendum or the state identification number, and the activity is unlicensed no matter how charitable the organization.

Violations & Penalties

Operating games of chance or bingo without both the municipal local law and a state Identification Number falls outside the licensed-gambling exemption in Penal Law § 225.00, so it can be charged as promoting gambling: a Class A misdemeanor, or a Class E felony for larger operations. The municipality can deny, suspend, or revoke the local license, and the Gaming Commission can deny or pull an organization's Games of Chance or Bingo Identification Number for licensing violations.

Frequently Asked Questions

Does every New York town or city allow charitable games of chance and bingo?

No. General Municipal Law §§ 187-188 and 477-478 make both activities opt-in: a municipality's legislative body must pass a local law or ordinance, and that law only becomes operative after voters approve it in a general or special election referendum. Absent that adopted, voter-ratified local law, no authorized organization in that town, city, or village may legally hold a licensed game of chance or bingo session, regardless of what neighboring municipalities allow.

How does a village get games of chance if its town already adopted the law?

Under § 187, an enclosed village doesn't have to run its own townwide-style referendum. Its board of trustees can instead adopt a local law or resolution, subject to a permissive referendum under Village Law Article 9, authorizing the town to issue games-of-chance licenses inside the village. That resolution can later be repealed only through another law or resolution that itself goes through a permissive referendum.

Is a municipal license enough, or do charities need something from the state too?

Both are required. The local law only lets the municipality issue its own license; before that, each authorized organization must separately obtain a Games of Chance or Bingo Identification Number from the New York State Gaming Commission by filing Commission Form 1A, a process the agency says takes eight to ten weeks. Only after receiving that state ID number can the organization apply to the municipality for the license needed to actually run the game.

What happens if a group runs a raffle-style game of chance without local approval?

Without an adopted local law and Commission ID number, the activity doesn't qualify for the licensed-gambling exemption in Penal Law § 225.00, so it can be prosecuted as promoting gambling: a Class A misdemeanor, or a Class E felony for larger-scale operations. The municipality can also deny or revoke a license, and the state can pull the organization's identification number.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.