Stories from

That last community fundraiser you went to with a chance auction (often called a Chinese auction) and a 50-50 raffle, it probably violated state law.

These common fundraising tactics used frequently by groups coming together for a sudden and unexpected hardship or tragedy that hits a member of our community are not allowed by state law, according to Rich Kaczynski, from the New York State Gaming Commission, who spoke Tuesday night at the South Byron Fire Hall.

The event, hosted by the South Byron Volunteer Fire Department, was prompted by the recent discovery by several local volunteer departments that their longtime fundraising events may have, at best, skirted the edge of state law.

This year, Stafford fire canceled its Corvette raffle and Town of Batavia fire canceled its annual Harley raffle. In both cases, the departments are looking to better understand the law.

Kaczynski's department regulates four types of games of chance -- bingos, raffles, bell jar tickets and casino night type of games.

The state allows certain types of nonprofit groups to use these games as fundraisers, including volunteer fire departments, service organizations, fraternal groups, veterans groups and religious organizations.

For bingos, the group need only have existed one year before applying for a license, but for all other games of chance allowed by the state, the organization must have existed for at least three years.

It's that last provision that may most frequently put community fundraisers for victims of hardship into legally questionable territory. Often these efforts are created by ad hoc groups of people who are friends of the family and are not legally established groups in existence for at least three years. 

Sometimes, these raffles are organized by established nonprofits, but if the fundraising isn't for the legally defined purpose of the group, then it also runs afoul of state regulation, according to Kaczynski. For example, a volunteer fire department can't hold a raffle to raise money for a member stricken by cancer.

To assist that cancer victim, there would need to be a three-year-old organization with the express mission of raising money for cancer victims, or similar hardships.

For the sake of extending the example, then, Genesee Cancer Assistance could host such a raffle, but only members of Genesee Cancer Assistance could conduct the raffle, and to be a member eligible to conduct the raffle, you must be a member for a least a year prior to the raffle.

The good news, perhaps, is that for small organizations, the bureaucracy of fundraising through games of chance isn't quite as cumbersome as it is for groups raising larger sums of money.

Groups that will hold raffles that generate a profit of more than $5,000 on a single raffle, or whose total profit for the year on raffles exceeds $20,000 in profit fall into Category 2 of New York gaming law and have more paperwork to deal with. Groups that reach Category 1 have more paperwork and pay a 2-percent tax on profits over $30,000 in a calendar year.

If your raffle efforts fall in Category 3 (below $5,000 in profit on a single auction, less than $20,000 profit in a year), you can self-define your group as meeting state requirements for existing for three years (or a year for bingo), not meeting the profit thresholds, falling within the proper categories for games of chance, and managing your funds within state guidelines.

Groups in categories 2 and 3 must register with the state and once they receive a state ID number, apply for a license from the town, village or city clerk where the group is organized.

In all three categories, if they want to sell raffle tickets outside of their home jurisdictions, they can sell only within jurisdictions within their same county and in the municipalities in counties contiguous with their home county. They cannot venture outside of that group of contiguous boundaries to sell tickets. For example, no selling tickets to your cousin in California. If your cousin from California wants a raffle ticket for your gun raffle in South Byron, he must fly to Buffalo, drive to South Bryon, enter your fire hall and buy a ticket with cash, and only cash.

In order for a group in any of the three categories to sell in a contiguous jurisdiction, they must request a letter of authorization the municipality's clerk. For example, if you're a volunteer with the South Byron Fire Department and you work at Graham Manufacturing, your department needs authorization from the City Clerk of Batavia in order for you to sell raffle tickets to your coworkers.

That applies to every single possible contiguous jurisdiction. If there are 20 contiguous municipalities, the organization needs 20 different letters of authorization.

If you're a business owner and a volunteer with South Byron and your business is located in the Town of Byron, you can sell raffle tickets at your business, but your employees can't sell raffle tickets unless they're related to you by blood or marriage.

A volunteer fire department can get a license to fund raise through a game of chance, but in order for the Ladie's Auxillary to help with that fundraiser, it must get its own state ID, and the same applies for the "Sons of" organizations. With all three groups properly licensed, and duly noted on the proper paperwork, they can assist each other in games-of-chance fundraisers, but otherwise, only members with at least a year of membership can participate.

If you want to hold a casino night, the gaming implements must be owned by the organization or rented from a licensed company, or, if approved, borrowed from an organization that owns the tables and wheels and cards and dice. Only members of the organization can deal cards or spin roulette wheels.  

Even if your casino night doesn't have a buy in, if it's based on chance and has prizes, it's regulated by the state.

If you're running a game that isn't authorized by the gaming commission regulation -- such as a Texas hold 'em tournament -- you're likely violating state antigambling laws.

Your blackjack tournament? It's allowed, but it must be run precisely according to state regulations.

Repeatedly during the presentation, Kaczynski had to remind audience members he was just repeating state law. He doesn't make state law or control state law. That's up to the Legislature, or up to the gaming commission's attorneys to interpret. 

There is legislation pending, supported by Assemblyman Steve Hawley, to help take away some of the difficulties being faced by local groups that have long relied on raffles as primary fund-raising tools.

There are local car dealers upset about a dealer from Dunkirk setting up a temporary sales lot in Batavia this weekend, not because they fear the competition, but because the Dunkirk dealer is taking advantage of a loophole in state law to unfairly compete with their established businesses.

The law isn't just about protecting existing dealers, they say, it's also meant to protect consumers from fly-by-night used car salesmen who don't stick around to service what they sell.

"They move into a small market where they can clobber people over the head and then they leave," said Steve Castilone, co-owner of Castilone Chrysler Dodge Jeep Ram on West Main Street, Batavia. "That’s what they do. They ram them into a car and then they leave."

Just a few years ago, tent-sale dealers would come to town with their temporary lots, blanket the community with mailers, make a few sales and leave, but the law was changed to require a fixed and physical location before the dealer could receive a license. The Dunkirk dealer, Larry Spacc, has leased office space at 4152 W. Main Street Road, in the Valu Plaza.

Castilone thinks the operation is a sham. He's complained to the Niagara Frontier Automobile Dealers Association, supplying a video taken shortly after Spacc's last sale five months ago. It shows a lot once filled with used cars, by then filled with only potholes, and shots through the windows of Spacc's strip mall office space filled with nothing but promotional posters on the wall and a lone motorcycle. There wasn't a single desk or phone line anywhere in sight.

Greg Strauss, Castilone's business partner, calls these operations, "ghost dealers." He'd like to see them shut down.

When The Batavian attempted to contact the local dealership Tuesday afternoon for comment, a man named Nick answered the phone. We identified ourselves and said we were writing a story about the dealership. There was muffled talk over the earpiece and then Nick came back on the line and said his two managers had just left to get a bite to eat and one of them would return the reporter's call when they returned. No call was returned.

Pending legislation wouldn't close up such temporary dealerships completely, but it would make it harder for them to operate. It would require temporary lots to be set up only within 20 miles of the main dealership. In Spacc's case, Dunkirk is 87 miles from Batavia.

"We do these sales," said Castilone pointing to Spacc's latest mailer, "but I’m not trying to whack you over the head. I’m not trying to sell you a bill of goods. I’m trying to sell you a car. It costs us millions of dollars to be here every year, millions in overhead, and then you have some fly-by-night come in with an $800 storefront and sells you a car and you buy because you think it’s cheaper. It’s not cheaper. It’s more money and the interest rate is going to be higher. I wouldn’t mind if they were doing this sale and they were still down at the end of the street next week."

Guy Pellegrino, Pellegrino Auto Sales of Batavia, shares the concerns of Castillone and Strauss. He's put a lot of money into his business, pays property taxes, employs a local staff and is concerned that a "fly-by-night" operation isn't there to provide support after the sale.

"Competition is a good thing and we all get along well (in town)," Pellegrino said. "We all survive together. But when somebody comes in and sets up a tent, tries to push cars, I don’t agree with that. I don’t like it and I don’t agree with it."

Pellegrino employs 12 people, all local residents, and he recently completed a $300,000 expansion of his facility. That's an investment Spacc hasn't made in our community, he said, nor is Spacc out donating to local charities, sponsoring youth sport teams or showing up at community events.

"We’re here making an investment in the community and doing the best we can for our people and they’re going to sell you an overpriced car with all the gimmicks, and you will likely have issues and where are you going to go?" Pellegrino said. "There’s nothing there.” 

The sales people at these temporary lots are rarely local residents. The temporary lots most often hire experienced used car sales reps from all over the country, people with experience in the hard sell, both Pellegrino and Castilone noted.

The flier you get in the mail may say "sale," and proclaim limited availability, but don't be fooled, the local dealers say, the temporary dealer is out to maximize profits. Putting the right deal together for the customer is the furthest thing from the sales rep's mind.

“You spend all that money and do you really want to deal with a guy who is going to be gone? Here today, gone tomorrow?" Castilone said. "But not everyone understands that when they get one of these fliers in the mail.”

If you walk onto the lot, Pellegrino said, expect the hard sell. Yeah, the local dealers, like any small business, are out to make a buck, but Pellegrino said that at the end of the day, he knows if he sells you a car, he might see you at the next community event he attends. He wants to be able to look you in the eye and be proud of the business he conducted with you.

"(The tent sale) is a circus show," Pellegrino said. "They take the slickest, sharpest sales people and they’re going to make the most money they can on you and they will never see you again and you’ll never see them again. For us, we’re here, we’re in your community, we’re at all of your community events, we sponsor you and support you. Support us and forget the circus show, because that’s all this is is a circus show. "

Castilone employs more than 35 people and Castilone and Strauss have invested more than $2.5 million in remodeling and expanding their business, with another expansion just starting that will raise the total investment to more than $3 million. They pay local taxes on all that property.

Asked about the support Castilone provides to local charity, Steve said they don't normally seek publicity for their contributions, but they support local youth sports teams, sponsor four local charity golf tournaments and recently made a $5,000 contribution to the YMCA for the Y's youth camp. That donation will probably send 20 kids to camp this summer, Strauss said.

"When we did it, my sales manager said we should call the media, get some publicity for it," Castilone said. "I told him, 'no, we know we did it, that's all we need.' We didn't do it for the publicity. We did it because we care about our community."

Yes, Spacc is a fellow auto dealer and yes, Castilone said, his quotes in the media about his practices might upset him, but he said he wasn't worried about that.

“I want him to know that he’s in my backyard and this is our area, so go to Dunkirk and sell your cars to your own community, or open up a legitimate business and stay open 365 days a year where people can call you and come back to you again, and open a shop so you can fix these people’s cars," Castilone said. "Then you know what, it’s all fair competition.” 

Along Route 33 in Stafford this evening.

This pup was lost in Stafford and found by Marrianne Newmark. She called the Sheriff's Office and the dog is being taken to the Genesee County Animal Shelter on West Main Street Road. If you lost your friendly and playful dog, that's where it is.

Just 10 years ago, Batavia was a city barely hanging on. Nobody could imagine, said City Manager Jason Molino, that things would have turned around enough by 2016 that Batavia could be a serious contender for a $10 million prize in a competition for downtown revitalization projects.

Genesee County Economic Development Center CEO Steve Hyde said Batavia is certainly a top contender in the Finger Lakes Region because of the progress made, the joint initiatives underway, the recent wins in job creation in Genesee County. 

Gov. Andrew Cuomo loves competitions for economic development, Hyde said, and Finger Lakes came out on top a few years ago in a competition of the state's 10 economic development regions, winning a $500 million prize. Of that $500 million, 34 percent is earmarked for use in Genesee County, primarily at the high-tech Science, Technology and Advanced Manufacturing Park (STAMP) in Alabama. With Dairy Farmers of America taking over the $200 million Quaker Muller food processing plant in the ag park, and 1366 Technologies heading into STAMP, Batavia his hitting all the high points the governor's office looks for in these competitions.

"(At build out), we're talking about 30,000 to 50,000 direct and indirect jobs in the region," Hyde said. "In the Finger Lakes Region, what other community is poised to benefit off that job growth more than Batavia? It will be difficult for any other community."

Stiff competition may come from Rochester, which is battling one of the highest poverty rates in the nation, and fighting poverty is a key goal of the governor's office, but Rochester also got $100 million from that $500 million prize for its anti-poverty efforts. The $10 million could have a bigger impact in Batavia, which could be a factor in the prize consideration.

"The $10 million is a potential drop in the bucket in terms of explosive transformation for Rochester," Hyde said. "The state likes to look at the leverage model and when it looks at $10 million in Batavia and what it could do in Rochester when they have $100 million already committed, they will look at the marginal benefit. That's just my personal view."

Every city and several villages and towns in the Finger Lakes Region are competing for the same $10 million prize, and we should know by the end of June which community wins the award, which would be spent on projects over a five-year period.

Yesterday's panel discussion at the Generation Center on Center Street, with Molino, Hyde, Economic Development Coordinator Julie Pacatte and County Manager Jay Gsell, was a chance to share with the community how Batavia will respond to the application request and gather feedback on how the questions will be answered.

"You would think for a $10-million prize, they would have a 40-page stack of paperwork, but it's just a two-page application," said Councilman Adam Tabelski (inset photo), who moderated the discussion.

The application needs to address issues about downtown boundaries, mixed use, walkability, public gathering places and economic opportunity.

The city already has traction in some key initiatives, Molino said, most notably its brownfield program, known as the Batavia Opportunity Area, or BOA. An experienced brownfield developer has already committed to redeveloping the former Dellapenna building on Ellicott Street, and there is interest from developers in the city's other four target BOA areas.

"Over the past 18 months, we've seen the most interest yet in investment in Batavia," Molino said.

Just an announcement that the city won the prize, if it won, would generate even more interest, Molino said.

Pacatte said Batavia is getting developer attention because of its mixed-use potential. Downtown scores well on walkability ratings; it has parks and open space, both retail and business space and the city's initiative to bring quality housing to downtown has been tremendously successful. The BDC helped developers open up nine refurbished apartments downtown, and all were leased immediately. The apartments at the former WBTA building at Swan and East Main are also all rented, even though two of them have not yet been completed.

"We think that's a great testament to what can happen in our market," Pacatte said. 

Pacatte also revealed that in addition to a microbrewery and restaurant incubator being planned by Matt Gray and Jon Mager for the former Newberry building on Main Street, they are also planning a $1.5 million investment to convert the second and third floors of the building into apartments.

Gsell said the city's investment in infrastructure, notably the current work on Washington Avenue, is a further sign the city is moving in the right direction and creating an environment developers will find attractive. 

Other projects in Batavia's favor, Molino said, are the flood insurance rating program, which has helped reduce the cost of flood insurance for affected properties by 15 percent, and Batavia's first-in-the-state zombie property law. Batavia is showing tangible success in dealing with zombie properties, which is still unique in the state.

All of these efforts will give Batavia a good start on dealing with its own poverty rates, Hyde said, and putting people to work and reducing poverty is the main reason all of these economic develop efforts exist in the first place. 

"If we say we're a democracy and we're a free enterprise society, then we address the poverty issue," Hyde said. "The only way we get a society to function well is if we create opportunities for everybody."

The video below is part of Batavia's application for the prize.

The entire Buffalo Bills football team, along with numerous former and current players and celebrities along with well-heeled business people from throughout Western New York, are at Terry Hills today for the annual Jim Kelly Celebrity Classic.

Kelly, top center, was energetic throughout the morning, joking and posing for pictures and even making a last-minute decision to ride in Pete Zeliff's helicopter for the first-ever Rex Ryan golf ball drop, which carried a 50-50 prize of about $1,500.

The 30th annual event is a fundraiser for Kelly's charity, Kelly for Kids.

Kelly, Gary Pasco (friend of Zeliff's), Ryan and Zeliff prior to the golf ball drop.

After the drop, Kelly and Ryan joked and teased each other about the helicopter ride.

NFL Commissioner Roger Goodell.

Prior to the start of the tournament, Bills players played miniature golf.

Chris Berman obliged two of the women with a drink cart by posing for a photo.

Michael C. Napoleone was born May 13, 1998. He succumbed to Burkitt's Lymphoma in 2006. Had he lived, he would have graduated from Notre Dame High School yesterday with the Class of 2016. In recognition for his love of Notre Dame and the charitable work of his family through the Michael Napoleone Memorial Foundation, Michael was granted an honorary degree, accepted by his mother, Laurie, and father, Mark, pictured with Principal Wade Bianco.

Notre Dame graduated 28 seniors yesterday in a ceremony held in the forum at Genesee Community College.

Valedictorian, Luca Zambito.

Salutatorian, Jack Sutherland.

Connor Logsdon walking up to receive his diploma.

Former Principal Joe Scanlan was honored for his contributions to the school.

To purchase prints, click here.

A barn fire is reported at Area 51 Motocross, 3323 Harloff Road, Batavia.

Smoke is showing.

East Pembroke fire and Batavia fire dispatched.

UPDATE 4:08 p.m. Tankers requested from Alabama, Oakfield and Pembroke.

UPDATE 4:12 p.m.: Fire is out, checking for extensions.

A man reportedly entered a business in the Village of Bergen, yelled profanities, dropped his drawers and urinated, then left on a bicycle.

Law enforcement is responding.

UPDATE 4 p.m.: This may actually have been a pre-teen, according to a deputy on scene.  

A caller reports an explosion with smoke now visible in the area of Route 63 and East Bethany Le Roy Road, East Bethany.

Bethany fire and one engine from Stafford requested to the scene.

Law enforcement also in route.

UPDATE 3:46 a.m.: Law enforcement in the area reports "fire can disregard."

Genesee Cancer Assistance hosted its annual fundraiser and festival at Batavia Downs, the Festival of Hope, which included a cross-fit competition.

Volunteers who help keep the Batavia Community Garden going, located behind the Youth Bureau off of State Street, held an open house this morning.

Pictured are Dave Graney, Louis Leone, Debbie Rosenbeck and Bob Gray.

There are only nine plots left for this growing season. 

Lease prices range from $15 to $25, depending on the size of the plot. 

For more information and an application form, visit the Youth Bureau.

John Kennedy School hosted its annual Sons and Mothers Mud Run yesterday, with new obstacles, a DJ and a visit by the city fire department.

The Pembroke, Indian Falls, Corfu and East Pembroke volunteer fire departments came together yesterday to stage a DWI accident drill for the seniors of Pembroke High School in advance of their annual prom.

The drill simulates a fatal accident caused by a drunken driver.

Also participating were the Sheriff's Office, Coroner Karen Long, Mercy EMS, Mercy Flight and C.B. Beach Funeral Home.

To find out more about volunteering with your local fire department, visit ReadyGenesee.com.

To purchase prints, click here.

A motor-vehicle accident with injuries is reported at Buffalo Road and South Lake Road, Bergen.

Bergen fire and Bergen ambulance dispatched.

Reader-submitted photo.

A car has reportedly hit a utility pole in the area of 8856 Fargo Road, Stafford.

The driver is reportedly unconscious.

Stafford fire and Mercy EMS responding.

UPDATE 5:27 p.m.: Patient extricated. Mercy Flight has landed. 

UPDATE: The driver told deputies that he believes he fell asleep. The accident is under investigation, but traffic tickets are possible. The driver was conscious and alert at the time of his transport by Mercy Flight to ECMC. His injuries are considered serious, but not life threatening.  

A roomful of business and community leaders heard today from Vincent Esposito, director of Empire State Development’s Finger Lakes regional office, as he talked about the economic development opportunity and effort both regionally and in Batavia.

The gathering comes prior to meeting at 6 p.m. Tuesday at City Hall were officials will discuss Batavia's application for the Downtown Revitalization Initiative, which is a regional competiton with a $10 million prize. CORRECTION: It's at 5:30 p.m., Monday, at the Generation Center.

Batavia has a good shot at the prize because of all the work already put into improving Downtown, most notably the Batavia Opportunity Area, which has 10 brownfield revitalization projects already in the pipeline.

The Finger Lakes Region has already been a big winner in a statewide competition fro regional economic development areas, receiving a grant of $500 million from the state for projects in the region.

There are three main areas of focus for those funds, Esposito said:

• Eastman Park in Rochester;
• Downtown Rochester; and,
• The STAMP project in Genesee County.

About 50 percent of the $500 million are going to projects in Monroe County, Esposito said, and the rest is spread out in the other county's in the region; however, about two-thirds of that 50 percent is going to Genesee County, he said.

The primary goals of the Finger Lakes regional office is job creation, regional wealth creation, increase private investment and reduce poverty.

In the past five years, economic development activity has created 20,000 new jobs, he said.

The projects expected over the next five years, he said, will result in $6.4 billion in private investments and a conservative estimate of 8,200 new jobs.

"We want to keep that commitment low and then over deliver," he said.

The main economic engines in growth for the region he said are optics/photonics, agriculture and food processing and high-tech wafer and chip manufacturing.

The third area is where GCEDC's STAMP project comes in and why it's attracting a big chunk of the funds from the Finger Lakes Region.

"If ever there was a time to be optimistic about your future, this is it," Esposito said.

A fire alarm has been tripped in the incinerator room of the Batavia Barracks of the New York State Police.

Town of Batavia Fire responding.

The location is 2525 West Saile Drive, Batavia.

UPDATE 11:43 a.m.: Chief on scene reports the building is evacuated.

UPDATE 11:46 a.m.: Fire was in a paper shredder. It was contained to the shredder and is out. They're clearing smoke from the building.

An estimated 513 National Grid customers are without power along the west side of Bank Street, from just north of Main Street, Batavia, out to the County Airport.

The outage was reported at 8:42 a.m. and there is no ETA yet for restoration of power.

UPDATE: Power has been restored.

Smoke is reported in the residence at 6259 Shepard Road, with a cross of Transit Road, Pavilion, after a possible lightning strike.

Pavilion fire and Le Roy's ladder truck are dispatched.

UPDATE 9:11 a.m.: This is now a possible structure fire with a second alarm. Requested to the scene are Bethany's tanker, an engine from Le Roy and a tanker from Stafford, with an engine to fill in at Pavilion's Fire Hall. Le Roy's ambulance also requested to the scene.

UPDATE 9:14 a.m.: Perry Center, Perry, Wyoming and York also requested to the scene.

UPDATE(S) 9:23 a.m. (By Billie): This is now a working structure fire. The city's FAST team is called to the scene.

UPDATE 9:27 a.m.: The second platoon is requested to the city's fire headquarters.

UPDATE 9:29 a.m.: The homeowner is there and is an electrician employed by a power company and he already shut down power to the house so a response to the scene by National Grid will not be necessary, according to the scene commander.

UPDATE 9:34 a.m.: One engine from Bethany is called to stage in Texaco Town.

UPDATE 9:45 a.m.: Caledonia, which was just called to fill in at Le Roy's fire hall, is called to the scene along with Bethany. Bergen is called to fill in for Le Roy.

UPDATE 9:48 a.m.: Alexander's FAST team is called to the scene.

UPDATE 9:49 a.m.: Churchville is called to fill in at Bergen Le Roy; Elba is asked to fill in at Stafford. A second Alexander engine is called to the scene.

UPDATE 10:43 a.m.: The fire is under control. Command is starting to release some of the responding units.