NYCL AGO 96-F1.

• Case Date: January 29, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-F1. January 29, 1996Formal Opinion No. 96-F1Hon. Alexander F. TreadwellSecretary of State No. 96-F1 162 Washington Avenue Albany, NY 12231-0001NY CONST ART I § 9; PENAL LAW § 225.00.A proposed real estate sales program called the "Good as Gold" promotion would violate the anti-gambling provisions of New York State law.Dear Secretary of State Treadwell: Your counsel has inquired whether a proposed real estate sales program called the "Good as Gold" promotion would violate the anti-gambling provisions of New York State law. You indicate that the "Good as Gold" promotion would provide sellers of real estate with the opportunity to offer a special incentive to buyers, real estate brokers and their sales associates. The promotion under review would be offered to those sellers who choose to list their properties with Longley-Jones Associates, Inc., a real estate marketing firm. In addition to the usual commission that would be due Longley-Jones, participating sellers would each pay $300 into a special fund created and administered by Longley-Jones. After fifty participating homes have been sold, Longley-Jones would host a "Gold Party" at which there would be a drawing from the names of the real estate brokers and sales associates who sold the properties. The winning real estate broker or sales associate would receive $10,000 and the buyer who purchased the property through the winning agent would receive a trip to some predesignated location. Article I, § 9 of the New York State Constitution provides, in pertinent part: "no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling [except as otherwise provided herein], shall hereafter be authorized or allowed within this state." The exceptions include State-operated lotteries, parimutuel wagering on horse races, and certain specified games of chance conducted by religious, charitable or non-profit organizations in which the prize does not exceed $250. Generally, "[t] hree elements cause an event to constitute an unlawful game of chance, or lottery, . . . consideration, chance, and a prize." Harris v Economic Opportunity Commission of Nassau County , 171 AD2d 223 (2d Dept 1991) (citing People v Miller , 271 NY 44 [1936]). The constitutional provision directs that the Legislature pass...