STATE OF NEW YORK
2021-2022 Regular Sessions
May 13, 2021
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to skill
based amusement games
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 132 to read as follows:
3 § 132. Skill based amusement games. 1. As used in this section, "skill
4 based amusement game" means a game played in exchange for consideration
5 of cash, credit or other thing of value on a fixed, commercial elec-
6 trical gaming device consisting of one or more player stations in which
7 the strategy and skill of the player, rather than any inherent element
8 of chance, is the primary factor in determining the outcome, and for
9 which the player may be awarded a prize or other thing of value for a
10 successful outcome, and meets the following criteria:
11 (a) "Skill" means the human attributes of a player such as knowledge,
12 dexterity, visual cognition, logic, memory, reaction, strength, agility,
13 athleticism, hand-to-eye coordination, numerical and/or lexical ability,
14 or any other ability or expertise relevant to game play.
15 (b) A single play on a skill based amusement game shall begin with
16 consideration and a player action and end when no further progress can
17 be made without additional consideration.
18 (c) The ability of any player to succeed at the game shall not be
19 impacted by the number or ratio of prior wins to prior losses of players
20 playing the game, including through the use of a compensating algorithm.
21 (d) Neither the occurrence of a chance event that cannot be altered by
22 a player's action nor the output of a random number generator shall
23 determine the outcome of a game.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 7553 2
1 (e) A skill based amusement game shall have no automatic winners, and
2 no prize shall be awarded without application of the player's skill and
4 (f) Increased game prizes shall require a higher level of skill and
5 strategy from the player.
6 (g) A skill based amusement game shall require that skill be used
7 during the main play of the game and not only at the end of a game.
8 (h) The player shall have available a means to win more than the cost
9 to play on every game played.
10 (i) The skill required to succeed shall not be so difficult that a
11 normal, average person cannot achieve success.
12 (j) The player shall have access to information that identifies every
13 possible award type and such information shall be accessible at all
14 times, except during a game in progress.
15 (k) A skill based amusement game on an electrical gaming device shall
16 not be a facsimile of a casino table game, card game, bingo game or
17 spinning reel game.
18 (l) A user of a skill based amusement game shall be at least twenty-
19 one years of age.
20 2. The authority shall license manufacturers, operators and locations
21 of skill based amusement games pursuant to rules and regulations promul-
22 gated by the authority. Fees for such licenses shall be five thousand
23 dollars for a manufacturer, five hundred dollars for an operator, and
24 one hundred dollars for a location. Locations shall only be licensees
25 for sale of alcohol at retail issued pursuant to the provisions of this
26 chapter, excluding racetracks and casinos.
27 3. Each manufacturer shall provide access to a data collection and
28 management system to the authority which shall collect and report the
29 following information from each device: (a) cash in, (b) payouts, (c)
30 points played, (d) points won, (e) gross terminal income, (f) net termi-
31 nal revenue, (g) the number of plays of the game, (h) the amounts paid
32 to play the game, and (i) any other information required by regulations
33 of the authority.
34 4. There is hereby imposed a tax of ten percent of gross device reven-
35 ue. "Gross device revenue" means the total of cash or cash equivalents
36 received by a skill based amusement game terminal device minus the total
37 of cash or cash equivalents paid out to players as a result of playing
38 such skill based amusement game. Such tax shall be calculated and paid
39 to the authority by each manufacturer on a monthly basis based on the
40 gross device revenue earned during the prior month. Taxes collected
41 pursuant to the provisions of this section shall be deposited in the
42 state general fund.
43 § 2. This act shall take effect on the ninetieth day after it shall
44 have become a law. Effective immediately, the addition, amendment
45 and/or repeal of any rule or regulation necessary for the implementation
46 of this act on its effective date are authorized to be made and
47 completed on or before such effective date.