STATE OF NEW YORK
________________________________________________________________________
8167
2019-2020 Regular Sessions
IN ASSEMBLY
June 4, 2019
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to regulation and sale of alcoholic beverages at certain
tribal casinos
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1340 of the racing, pari-mutuel wagering and breed-
2 ing law, as added by chapter 174 and subdivision 6 as amended by chapter
3 175 of the laws of 2013, is amended to read as follows:
4 § 1340. Alcoholic beverages. 1. Notwithstanding any law to the contra-
5 ry, the authority to grant any license or permit for, or to permit or
6 prohibit the presence of, alcoholic beverages in, on, or about any prem-
7 ises licensed by the commission as part of a gaming facility, or in, on,
8 or about any Indian gaming facility, shall exclusively be vested in the
9 commission. As used in this section, the term "Indian gaming facility"
10 shall mean a premises duly authorized by a tribal gaming authority to
11 conduct class II gaming, class III gaming, or both, as such terms are
12 defined in 25 USC 2703, pursuant to the Indian Gaming Regulatory Act of
13 1988, which includes a gaming area or areas, and any other non-gaming
14 structure related to the gaming area as an amenity, including but not
15 limited to hotels, restaurants, golf courses, golf clubhouses and other
16 amenities, where such premises is licensed and regulated by an Indian
17 tribe that has elected commission oversight pursuant to subdivision
18 one-a of this section. This section shall not be construed to apply to
19 any provision of New York law other than this section, to any Indian
20 gaming facility that would not otherwise apply to the Indian gaming
21 facility absent this section, or to apply to this section to any prem-
22 ises licensed and regulated by an Indian tribe that has not elected to
23 be treated as an Indian gaming facility for purposes of this section
24 pursuant to subdivision one-a of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13087-01-9
A. 8167 2
1 1-a. An Indian tribe may elect for the state to treat all premises
2 authorized by such tribe's tribal gaming authority to conduct class II
3 gaming, class III gaming, or both, as an Indian gaming facility for the
4 purposes of licensure and regulation under this section, by notifying
5 the commission and the state liquor authority, in writing, within sixty
6 days of the effective date of this subdivision, that it elects commis-
7 sion oversight pursuant to the provisions of this section. Upon receipt
8 of notice by the commission that a tribe has made such an election under
9 this subdivision, any premises authorized by such tribe's tribal gaming
10 authority to conduct class II gaming, class III gaming, or both, shall
11 be considered an Indian gaming facility, as defined in subdivision one
12 of this section, for purposes of this section, and the commission shall
13 assume jurisdiction over all alcoholic beverage licenses and permits
14 previously issued with respect to any Indian gaming facility licensed
15 and regulated by that tribe pursuant to subdivision eleven of this
16 section. As a condition of electing commission oversight pursuant to
17 this section, an Indian gaming facility shall expressly commit in writ-
18 ing to follow the requirements imposed under this section, to adhere to
19 the regulations promulgated by the commission pursuant to this section,
20 and to submit to the commission's enforcement of this section and regu-
21 lations promulgated thereunder including by waiving tribal sovereign
22 immunity for the sole and limited purpose of such enforcement of this
23 section. An Indian gaming facility that does not elect commission over-
24 sight in accordance with the requirements of this section shall remain
25 subject to any other applicable state law governing the licensure and
26 regulation of alcoholic beverages in, on, or about the Indian gaming
27 facility.
28 2. Unless otherwise stated, and except where inconsistent with the
29 purpose or intent of this article or the common understanding of usage
30 thereof, definitions contained in the alcoholic beverage control law
31 shall apply to this section. Any definition contained therein shall
32 apply to the same word in any form.
33 3. Notwithstanding any provision of the alcoholic beverage control law
34 to the contrary, the commission shall have the functions, powers and
35 duties of the state liquor authority but only with respect to the issu-
36 ance, renewal, transfer, suspension and revocation of licenses and
37 permits for the sale of alcoholic beverages at retail for on-premise
38 consumption by any holder of a gaming facility license issued by the
39 commission, or for on-premises consumption at any Indian gaming facili-
40 ty, including, without limitation, the power to fine or penalize a casi-
41 no or Indian gaming facility alcoholic beverage licensee or permittee;
42 to enforce all statutes, laws, rulings, or regulations relating to such
43 license or permit; and to collect license and permit fees and establish
44 application standards therefor.
45 4. Except as otherwise provided in this section, the provisions of the
46 alcoholic beverage control law and the rules, regulations, bulletins,
47 orders, and advisories promulgated by the state liquor authority shall
48 apply to any gaming facility or Indian gaming facility holding a license
49 or permit to sell alcoholic beverages under this section.
50 5. Notwithstanding any provision to the contrary, the commission may
51 promulgate any regulations and special rulings and findings as may be
52 necessary for the proper enforcement, regulation, and control of alco-
53 holic beverages in gaming facilities and Indian gaming facilities when
54 the commission finds that the uniqueness of gaming facility and Indian
55 gaming facility operations and the public interest require that such
56 regulations, rulings, and findings are appropriate.
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1 6. Notwithstanding any provision of law to the contrary, any manufac-
2 turer or wholesaler licensed under the alcoholic beverage control law
3 may, as authorized under the alcoholic beverage control law, sell alco-
4 holic beverages to a gaming facility or Indian gaming facility holding a
5 retail license or permit to sell alcoholic beverages for consumption on
6 the premises issued under this section, and any gaming facility or Indi-
7 an gaming facility holding a retail license or permit to sell alcoholic
8 beverages for consumption on the premises issued under this section may,
9 as authorized under the alcoholic beverage control law, purchase alco-
10 holic beverages from a manufacturer or wholesaler licensed under the
11 alcoholic beverage control law.
12 7. It shall be unlawful for any person, including any gaming facility
13 or Indian gaming facility licensee, or any of [its] their lessees,
14 agents or employees, to expose for sale, solicit or promote the sale of,
15 possess with intent to sell, sell, give, dispense, or otherwise transfer
16 or dispose of alcoholic beverages in, on, or about any portion of the
17 premises of a gaming facility or Indian gaming facility, unless said
18 person possesses a license or permit issued under this section.
19 8. It shall be unlawful for any person holding a license or permit to
20 sell alcoholic beverages under this section to expose, possess, sell,
21 give, dispense, transfer, or otherwise dispose of alcoholic beverages,
22 other than within the terms and conditions of such license or permit,
23 the provisions of the alcoholic beverage control law, the rules and
24 regulations promulgated by the state liquor authority, and, when appli-
25 cable, the regulations promulgated pursuant to this article. Notwith-
26 standing any other provision of law to the contrary the holder of a
27 license or permit issued under this section may be authorized to provide
28 complimentary alcoholic beverages under regulations issued by the
29 commission.
30 9. In issuing a casino or Indian gaming facility alcoholic beverage
31 license or permit, the commission shall describe the scope of the
32 particular license or permit, and the restrictions and limitations ther-
33 eon as it deems necessary and reasonable. The commission may, in a
34 single casino or Indian gaming facility alcoholic beverage license,
35 permit the holder of such a license or permit to perform any or all of
36 the following activities, subject to applicable laws, rules and regu-
37 lations:
38 (a) To sell any alcoholic beverage by the glass or other open recepta-
39 cle including, but not limited to, an original container, for on-premise
40 consumption within a facility; provided, however, that no alcoholic
41 beverage shall be sold or given for consumption; delivered or otherwise
42 brought to a patron; or consumed at a gaming table unless so requested
43 by the patron.
44 (b) To sell any alcoholic beverage by the glass or other open recepta-
45 cle for on-premise consumption within a gaming facility or Indian gaming
46 facility.
47 (c) To sell any alcoholic beverage by the glass or other open recepta-
48 cle or in original containers from a room service location within an
49 enclosed room not in a gaming facility or Indian gaming facility;
50 provided, however, that any sale of alcoholic beverages is delivered
51 only to a guest room or to any other room in the gaming facility or
52 Indian gaming facility authorized by the commission.
53 (d) To possess or to store alcoholic beverages in original containers
54 intended but not actually exposed for sale at a fixed location on a
55 gaming facility or Indian gaming facility premises, not in a gaming
56 facility or Indian gaming facility; and to transfer or deliver such
A. 8167 4
1 alcoholic beverages only to a location approved pursuant to this
2 section; provided, however, that no access to or from a storage location
3 shall be permitted except during the normal course of business by
4 employees or agents of the licensee, or by licensed employees or agents
5 of wholesalers or distributors licensed pursuant to the alcoholic bever-
6 age control law and any applicable rules and regulations; and provided
7 further, however, that no provision of this section shall be construed
8 to prohibit a casino or Indian gaming facility alcoholic beverage licen-
9 see from obtaining an off-site storage license from the state liquor
10 authority.
11 10. The commission may revoke, suspend, refuse to renew or refuse to
12 transfer any casino or Indian gaming facility alcoholic beverage license
13 or permit, and may fine or penalize the holder of any alcoholic beverage
14 license or permit issued under this section for violations of any
15 provision of the alcoholic beverage control law, the rules and regu-
16 lations promulgated by the state liquor authority, and the regulations
17 promulgated by the commission.
18 11. Jurisdiction over all alcoholic beverage licenses and permits
19 previously issued with respect to the gaming facility or Indian gaming
20 facility is hereby vested in the commission, which in its discretion
21 [may] shall by regulation, rule, or policy promptly provide for the
22 conversion thereof into a casino or Indian gaming facility alcoholic
23 beverage license or permit as provided in this section. This section
24 shall not be construed to affect the validity of any existing licenses
25 and permits previously issued to an Indian gaming facility by the state
26 liquor authority, or the continuation of any administrative actions or
27 proceedings commenced by the state liquor authority prior to the effec-
28 tive date of the chapter of the laws of 2019 that amended this section.
29 Any such license or permit previously issued to an Indian gaming facili-
30 ty by the state liquor authority shall remain valid until the date that
31 such license or permit is duly converted pursuant to this subdivision
32 into a license or permit issued by the commission, and the commission
33 shall assume exclusive jurisdiction over any such previously issued
34 license or permit, and over any such previously commenced administrative
35 actions or proceedings.
36 12. (a) Prior to issuing any license under this section, the commis-
37 sion, or its designee, shall consult with the state liquor authority, or
38 its designee, to confirm that such application and such gaming facility
39 or Indian gaming facility conforms with all applicable provisions of the
40 alcoholic beverage control law, and all applicable rules, regulations,
41 bulletins, orders and advisories promulgated by the state liquor author-
42 ity;
43 (b) Prior to commencing enforcement actions against any gaming facili-
44 ty or Indian gaming facility licensed under this section, the commis-
45 sion, or its designee, shall consult with the state liquor authority, or
46 its designee, with respect to the application of the applicable
47 provisions of the alcoholic beverage control law, and all applicable
48 rules, regulations, bulletins, orders and advisories promulgated by the
49 state liquor authority on the alleged conduct of such licensee; and
50 (c) The commission, or its designee, shall consult with the state
51 liquor authority, or its designee, on a regular basis, but no less than
52 once every three months, regarding any pending applications and enforce-
53 ment matters.
54 § 2. This act shall take effect immediately.
