Bill Text: NY S06271 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to regulation and sale of alcoholic beverages at certain tribal casinos.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-12-12 - SIGNED CHAP.644 [S06271 Detail]
Download: New_York-2019-S06271-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6271 2019-2020 Regular Sessions IN SENATE May 31, 2019 ___________ Introduced by Sens. ADDABBO, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13087-01-9S. 6271 2 1 be treated as an Indian gaming facility for purposes of this section 2 pursuant to subdivision one-a of this section. 3 1-a. An Indian tribe may elect for the state to treat all premises 4 authorized by such tribe's tribal gaming authority to conduct class II 5 gaming, class III gaming, or both, as an Indian gaming facility for the 6 purposes of licensure and regulation under this section, by notifying 7 the commission and the state liquor authority, in writing, within sixty 8 days of the effective date of this subdivision, that it elects commis- 9 sion oversight pursuant to the provisions of this section. Upon receipt 10 of notice by the commission that a tribe has made such an election under 11 this subdivision, any premises authorized by such tribe's tribal gaming 12 authority to conduct class II gaming, class III gaming, or both, shall 13 be considered an Indian gaming facility, as defined in subdivision one 14 of this section, for purposes of this section, and the commission shall 15 assume jurisdiction over all alcoholic beverage licenses and permits 16 previously issued with respect to any Indian gaming facility licensed 17 and regulated by that tribe pursuant to subdivision eleven of this 18 section. As a condition of electing commission oversight pursuant to 19 this section, an Indian gaming facility shall expressly commit in writ- 20 ing to follow the requirements imposed under this section, to adhere to 21 the regulations promulgated by the commission pursuant to this section, 22 and to submit to the commission's enforcement of this section and regu- 23 lations promulgated thereunder including by waiving tribal sovereign 24 immunity for the sole and limited purpose of such enforcement of this 25 section. An Indian gaming facility that does not elect commission over- 26 sight in accordance with the requirements of this section shall remain 27 subject to any other applicable state law governing the licensure and 28 regulation of alcoholic beverages in, on, or about the Indian gaming 29 facility. 30 2. Unless otherwise stated, and except where inconsistent with the 31 purpose or intent of this article or the common understanding of usage 32 thereof, definitions contained in the alcoholic beverage control law 33 shall apply to this section. Any definition contained therein shall 34 apply to the same word in any form. 35 3. Notwithstanding any provision of the alcoholic beverage control law 36 to the contrary, the commission shall have the functions, powers and 37 duties of the state liquor authority but only with respect to the issu- 38 ance, renewal, transfer, suspension and revocation of licenses and 39 permits for the sale of alcoholic beverages at retail for on-premise 40 consumption by any holder of a gaming facility license issued by the 41 commission, or for on-premises consumption at any Indian gaming facili- 42 ty, including, without limitation, the power to fine or penalize a casi- 43 no or Indian gaming facility alcoholic beverage licensee or permittee; 44 to enforce all statutes, laws, rulings, or regulations relating to such 45 license or permit; and to collect license and permit fees and establish 46 application standards therefor. 47 4. Except as otherwise provided in this section, the provisions of the 48 alcoholic beverage control law and the rules, regulations, bulletins, 49 orders, and advisories promulgated by the state liquor authority shall 50 apply to any gaming facility or Indian gaming facility holding a license 51 or permit to sell alcoholic beverages under this section. 52 5. Notwithstanding any provision to the contrary, the commission may 53 promulgate any regulations and special rulings and findings as may be 54 necessary for the proper enforcement, regulation, and control of alco- 55 holic beverages in gaming facilities and Indian gaming facilities when 56 the commission finds that the uniqueness of gaming facility and IndianS. 6271 3 1 gaming facility operations and the public interest require that such 2 regulations, rulings, and findings are appropriate. 3 6. Notwithstanding any provision of law to the contrary, any manufac- 4 turer or wholesaler licensed under the alcoholic beverage control law 5 may, as authorized under the alcoholic beverage control law, sell alco- 6 holic beverages to a gaming facility or Indian gaming facility holding a 7 retail license or permit to sell alcoholic beverages for consumption on 8 the premises issued under this section, and any gaming facility or Indi- 9 an gaming facility holding a retail license or permit to sell alcoholic 10 beverages for consumption on the premises issued under this section may, 11 as authorized under the alcoholic beverage control law, purchase alco- 12 holic beverages from a manufacturer or wholesaler licensed under the 13 alcoholic beverage control law. 14 7. It shall be unlawful for any person, including any gaming facility 15 or Indian gaming facility licensee, or any of [its] their lessees, 16 agents or employees, to expose for sale, solicit or promote the sale of, 17 possess with intent to sell, sell, give, dispense, or otherwise transfer 18 or dispose of alcoholic beverages in, on, or about any portion of the 19 premises of a gaming facility or Indian gaming facility, unless said 20 person possesses a license or permit issued under this section. 21 8. It shall be unlawful for any person holding a license or permit to 22 sell alcoholic beverages under this section to expose, possess, sell, 23 give, dispense, transfer, or otherwise dispose of alcoholic beverages, 24 other than within the terms and conditions of such license or permit, 25 the provisions of the alcoholic beverage control law, the rules and 26 regulations promulgated by the state liquor authority, and, when appli- 27 cable, the regulations promulgated pursuant to this article. Notwith- 28 standing any other provision of law to the contrary the holder of a 29 license or permit issued under this section may be authorized to provide 30 complimentary alcoholic beverages under regulations issued by the 31 commission. 32 9. In issuing a casino or Indian gaming facility alcoholic beverage 33 license or permit, the commission shall describe the scope of the 34 particular license or permit, and the restrictions and limitations ther- 35 eon as it deems necessary and reasonable. The commission may, in a 36 single casino or Indian gaming facility alcoholic beverage license, 37 permit the holder of such a license or permit to perform any or all of 38 the following activities, subject to applicable laws, rules and regu- 39 lations: 40 (a) To sell any alcoholic beverage by the glass or other open recepta- 41 cle including, but not limited to, an original container, for on-premise 42 consumption within a facility; provided, however, that no alcoholic 43 beverage shall be sold or given for consumption; delivered or otherwise 44 brought to a patron; or consumed at a gaming table unless so requested 45 by the patron. 46 (b) To sell any alcoholic beverage by the glass or other open recepta- 47 cle for on-premise consumption within a gaming facility or Indian gaming 48 facility. 49 (c) To sell any alcoholic beverage by the glass or other open recepta- 50 cle or in original containers from a room service location within an 51 enclosed room not in a gaming facility or Indian gaming facility; 52 provided, however, that any sale of alcoholic beverages is delivered 53 only to a guest room or to any other room in the gaming facility or 54 Indian gaming facility authorized by the commission. 55 (d) To possess or to store alcoholic beverages in original containers 56 intended but not actually exposed for sale at a fixed location on aS. 6271 4 1 gaming facility or Indian gaming facility premises, not in a gaming 2 facility or Indian gaming facility; and to transfer or deliver such 3 alcoholic beverages only to a location approved pursuant to this 4 section; provided, however, that no access to or from a storage location 5 shall be permitted except during the normal course of business by 6 employees or agents of the licensee, or by licensed employees or agents 7 of wholesalers or distributors licensed pursuant to the alcoholic bever- 8 age control law and any applicable rules and regulations; and provided 9 further, however, that no provision of this section shall be construed 10 to prohibit a casino or Indian gaming facility alcoholic beverage licen- 11 see from obtaining an off-site storage license from the state liquor 12 authority. 13 10. The commission may revoke, suspend, refuse to renew or refuse to 14 transfer any casino or Indian gaming facility alcoholic beverage license 15 or permit, and may fine or penalize the holder of any alcoholic beverage 16 license or permit issued under this section for violations of any 17 provision of the alcoholic beverage control law, the rules and regu- 18 lations promulgated by the state liquor authority, and the regulations 19 promulgated by the commission. 20 11. Jurisdiction over all alcoholic beverage licenses and permits 21 previously issued with respect to the gaming facility or Indian gaming 22 facility is hereby vested in the commission, which in its discretion 23 [may] shall by regulation, rule, or policy promptly provide for the 24 conversion thereof into a casino or Indian gaming facility alcoholic 25 beverage license or permit as provided in this section. This section 26 shall not be construed to affect the validity of any existing licenses 27 and permits previously issued to an Indian gaming facility by the state 28 liquor authority, or the continuation of any administrative actions or 29 proceedings commenced by the state liquor authority prior to the effec- 30 tive date of the chapter of the laws of 2019 that amended this section. 31 Any such license or permit previously issued to an Indian gaming facili- 32 ty by the state liquor authority shall remain valid until the date that 33 such license or permit is duly converted pursuant to this subdivision 34 into a license or permit issued by the commission, and the commission 35 shall assume exclusive jurisdiction over any such previously issued 36 license or permit, and over any such previously commenced administrative 37 actions or proceedings. 38 12. (a) Prior to issuing any license under this section, the commis- 39 sion, or its designee, shall consult with the state liquor authority, or 40 its designee, to confirm that such application and such gaming facility 41 or Indian gaming facility conforms with all applicable provisions of the 42 alcoholic beverage control law, and all applicable rules, regulations, 43 bulletins, orders and advisories promulgated by the state liquor author- 44 ity; 45 (b) Prior to commencing enforcement actions against any gaming facili- 46 ty or Indian gaming facility licensed under this section, the commis- 47 sion, or its designee, shall consult with the state liquor authority, or 48 its designee, with respect to the application of the applicable 49 provisions of the alcoholic beverage control law, and all applicable 50 rules, regulations, bulletins, orders and advisories promulgated by the 51 state liquor authority on the alleged conduct of such licensee; and 52 (c) The commission, or its designee, shall consult with the state 53 liquor authority, or its designee, on a regular basis, but no less than 54 once every three months, regarding any pending applications and enforce- 55 ment matters. 56 § 2. This act shall take effect immediately.
