STATE OF NEW YORK
________________________________________________________________________
3108
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. PHEFFER AMATO, COLTON, COOK, DURSO -- read once
and referred to the Committee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law and
the tax law, in relation to prohibiting individuals under the age of
twenty-one from gambling
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 108 of the racing, pari-mutuel
2 wagering and breeding law, as added by section 1 of part A of chapter 60
3 of the laws of 2012, is amended to read as follows:
4 2. No corporation, association or person that holds a license, regis-
5 tration, franchise, certificate or permit issued by the commission shall
6 permit any person who is actually or apparently under [eighteen] twen-
7 ty-one years of age to bet on gaming activity, as defined in subdivision
8 five of section one hundred one of this article.
9 § 2. The opening paragraph of subdivision b of section 1617-a of the
10 tax law, as amended by section 1 of part SS of chapter 60 of the laws of
11 2016, is amended to read as follows:
12 Such rules and regulations shall provide, as a condition of licensure,
13 that racetracks to be licensed are certified to be in compliance with
14 all state and local fire and safety codes, that no person who is actual-
15 ly and apparently under twenty-one years of age shall be permitted to
16 participate in video lottery gaming, that the gaming commission is
17 afforded adequate space, infrastructure, and amenities consistent with
18 industry standards for such video lottery gaming operations as found at
19 racetracks in other states, that racetrack employees involved in the
20 operation of video lottery gaming pursuant to this section are licensed
21 by the gaming commission and such other terms and conditions of licen-
22 sure as the gaming commission may establish. Notwithstanding any incon-
23 sistent provision of law, video lottery gaming at a racetrack pursuant
24 to this section shall be deemed an approved activity for such racetrack
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04115-01-3
A. 3108 2
1 under the relevant city, county, town, or village land use or zoning
2 ordinances, rules, or regulations. No entity licensed by the gaming
3 commission operating video lottery gaming pursuant to this section may
4 house such gaming activity in a structure deemed or approved by the
5 division as "temporary" for a duration of longer than [eighteen-months]
6 eighteen months. Nothing in this section shall prohibit the gaming
7 commission from licensing an entity to operate video lottery gaming at
8 an existing racetrack as authorized in this subdivision whether or not a
9 different entity is licensed to conduct horse racing and pari-mutuel
10 wagering at such racetrack pursuant to article two or three of the
11 racing, pari-mutuel wagering and breeding law.
12 § 3. This act shall take effect on the thirtieth day after it shall
13 have become a law.
