STATE OF NEW YORK
________________________________________________________________________
788
2009-2010 Regular Sessions
IN SENATE
January 15, 2009
___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
AN ACT to amend the tax law, in relation to permitting all bars and
restaurants to be able to offer Quick Draw irrespective of the
percentage of sales from food
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (B) of paragraph 1 of subdivision a of section
2 1612 of the tax law, as amended by chapter 336 of the laws of 1999, is
3 amended to read as follows:
4 (B) such game shall be available only on premises occupied by licensed
5 lottery sales agents, subject to the following provisions:
6 (i) [if the licensee holds a license issued pursuant to the alcoholic
7 beverage control law to sell alcoholic beverages for consumption on the
8 premises, then not less than twenty-five percent of the gross sales must
9 result from sales of food;
10 (ii)] if the licensee does not hold a license issued pursuant to the
11 alcoholic beverage control law to sell alcoholic beverages for consump-
12 tion on the premises, then the premises must have a minimum square
13 footage greater than two thousand five hundred square feet;
14 [(iii)] (ii) notwithstanding the foregoing provisions, television
15 equipment that automatically displays the results of such drawings may
16 be installed and used without regard to the percentage of food sales or
17 the square footage if such premises are used as:
18 (I) a commercial bowling establishment, or
19 (II) a facility authorized under the racing, pari-mutuel wagering and
20 breeding law to accept pari-mutuel wagers;
21 § 2. Paragraph 5 of subdivision d of section 1615 of the tax law, as
22 added by chapter 2 of the laws of 1995, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01785-01-9
S. 788 2
1 (5) the total number of such premises and total sales by type as
2 defined by item (i)[,] or (ii) [or (iii)] of subparagraph (B) of para-
3 graph one of subdivision a of section sixteen hundred twelve of this
4 article.
5 § 3. This act shall take effect immediately, provided, however, that
6 the amendments to subparagraph (B) of paragraph 1 of subdivision a of
7 section 1612 of the tax law made by section one of this act shall not
8 affect the repeal of such subdivision and shall be deemed repealed ther-
9 ewith; provided further that the amendments to paragraph 5 of subdivi-
10 sion d of section 1615 of the tax law made by section two of this act
11 shall not affect the repeal of such subdivision and shall be deemed
12 repealed therewith.
