S T A T E   O F   N E W   Y O R K
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                                  4669

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering

AN ACT to amend the general municipal law,  in  relation  to  electronic
  bell jar games

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 186 of the general  municipal  law  is  amended  by
adding two new subdivisions 22 and 23 to read as follows:
  22.  "ELECTRONIC  BELL  JAR DEVICE" SHALL MEAN A DEVICE OR SYSTEM THAT
MAY BE ACTIVATED BY THE INSERTION OF CASH OR A SWIPE CARD  THAT  PERMITS
SUCCESSIVE  BELL  JAR  GAMES TO BE DISPLAYED ON AN ELECTRONIC SCREEN AND
PRESERVE SUCH DATA THAT ENABLES THE BOARD  TO  DETERMINE  THAT  REVENUES
DERIVED FROM THE GAMES ARE PROPERLY ACCOUNTED FOR AND THAT THE INTEGRITY
OF THE GAMES IS MAINTAINED. PRIZES MAY BE AWARDED THROUGH A VOUCHER THAT
MAY  BE  ISSUED BY AN ELECTRONIC BELL JAR DEVICE OR THROUGH CREDITS THAT
MAY BE RECORDED ON A SWIPE CARD, BOTH OF WHICH MAY BE REDEEMED FOR  CASH
THROUGH A CASHIER OR OTHER REDEMPTION SYSTEM AUTHORIZED BY THE BOARD.
  23. "SWIPE CARD" MEANS A CARD THAT MAY BE PURCHASED FROM AN AUTHORIZED
ORGANIZATION  AND  INSERTED IN AN ELECTRONIC BELL JAR DEVICE, WHICH WILL
THEN RECORD WINS AND LOSSES DURING THE COURSE OF PLAYING SUCH ELECTRONIC
BELL JAR DEVICE.
  S 2. Section 195-n of the general municipal law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. NO MANUFACTURER OF ELECTRONIC BELL JAR DEVICES SHALL SELL,  LEASE
OR  OTHERWISE  DISTRIBUTE  SUCH DEVICES TO AN AUTHORIZED ORGANIZATION OR
PERMIT ITS ELECTRONIC BELL JAR DEVICES TO BE SOLD, LEASED  OR  OTHERWISE
DISTRIBUTED  TO  AN AUTHORIZED  ORGANIZATION UNTIL SUCH MANUFACTURER HAS
BEEN ISSUED A LICENSE  BY  THE  BOARD  AND  UNTIL  AN  IDENTICAL  DEVICE
CONTAINING  IDENTICAL  PROPRIETARY  SOFTWARE  HAS  BEEN  APPROVED BY THE
BOARD, PURSUANT TO REGULATIONS ADOPTED BY THE BOARD.  AN APPLICATION FOR
A LICENSE OR A RENEWAL OF SUCH LICENSE SHALL BE ACCOMPANIED BY A FEE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00918-01-3
              

A. 4669                             2

ONE THOUSAND DOLLARS AND SHALL BE MADE ON FORMS PRESCRIBED BY THE BOARD.
A LICENSE SHALL BE VALID FOR A PERIOD OF ONE YEAR FROM THE DATE OF ISSU-
ANCE.
  S  3.  Subdivision  2 of section 195-q of the general municipal law is
renumbered subdivision 3 and a new subdivision 2 is  added  to  read  as
follows:
  2. A. WITHIN THREE BUSINESS DAYS AFTER THE SALE, LEASE OR DISTRIBUTION
OF  AN  ELECTRONIC  BELL  JAR  DEVICE  TO  AN AUTHORIZED ORGANIZATION, A
MANUFACTURER SHALL PROVIDE THE BOARD WITH A COPY  OF  AN  INVOICE  WHICH
SHOWS  (I) THE NAME AND ADDRESS OF THE AUTHORIZED ORGANIZATION; (II) THE
DATE OF SALE, LEASE OR DISTRIBUTION; (III) THE  SERIAL  NUMBER  OF  EACH
SUCH  DEVICE; AND (IV) SUCH OTHER INFORMATION AS THE BOARD MAY, BY REGU-
LATION, DIRECT.
  B. AN AUTHORIZED ORGANIZATION MAY ONLY  CONDUCT  ELECTRONIC  BELL  JAR
GAMES ON PREMISES THAT IT OWNS OR LEASES.
  C.  AN  ELECTRONIC  BELL JAR DEVICE SHALL CONTAIN A SERIES OF BELL JAR
GAMES THAT HAVE BEEN APPROVED BY  THE  BOARD  PURSUANT  TO  SECTION  ONE
HUNDRED  NINETY-FIVE-M  OF THIS ARTICLE, EXCEPT THAT PAPER TICKETS SHALL
APPEAR AS IMAGES ON AN ELECTRONIC SCREEN. EACH GAME SHALL BE  IDENTIFIED
BY  A  UNIQUE  SERIAL NUMBER AND THE BELL JAR DEVICE SHALL DIVULGE (I) A
DESCRIPTION OF THE GAME; (II) THE TOTAL NUMBER OF TICKETS IN  THE  GAME;
(III)  THE  PAYOUT  PERCENTAGE  OF THE GAME; (IV) THE PURCHASE PRICE PER
TICKET; AND (V) THE  NUMBER  AND  AMOUNTS  OF  TICKETS  THAT  RESULT  IN
WINNERS.   THE AUTHORIZED ORGANIZATION SHALL ALSO MAINTAIN THE FOREGOING
INFORMATION IN PRINTED FORM.
  D. UPON COMPLETION OF A GAME, THE DATA CONTAINED  IN  PARAGRAPH  C  OF
THIS  SUBDIVISION  SHALL BE PRESERVED BY THE ELECTRONIC BELL JAR DEVICE,
TOGETHER WITH THE FOLLOWING: (I) THE TIME AND DATE THAT THE GAME  BECAME
AVAILABLE  FOR  PLAY; (II) THE TIME AND DATE THAT THE GAME WAS COMPLETED
OR REMOVED FROM PLAY; (III) TOTAL  AMOUNT  OF  TICKETS  PURCHASED;  (IV)
TOTAL  AMOUNT OF PRIZES AWARDED; AND (V) SUCH OTHER INFORMATION THAT THE
BOARD MAY DIRECT, BY REGULATION, THAT ALLOWS THE BOARD TO DETERMINE THAT
THE GAME WAS CONDUCTED IN ACCORDANCE WITH LAW.
  E. THE INFORMATION CONTAINED IN PARAGRAPH D OF THIS SUBDIVISION, SHALL
BE SUBMITTED TO THE BOARD AT SUCH INTERVALS AS THE BOARD, BY REGULATION,
MAY DIRECT. THE TOTAL AMOUNT OF TICKETS PURCHASED AND THE  TOTAL  AMOUNT
OF  PRIZES AWARDED FOR EACH GAME COMPLETED SHALL ALSO BE COMPILED INTO A
MONTHLY REPORT THAT SHALL BE SUBMITTED TO THE BOARD NO  LATER  THAN  THE
FIFTEENTH  DAY  OF  THE  FOLLOWING  MONTH, TOGETHER WITH THE MONTHLY FEE
DESCRIBED IN PARAGRAPH F OF THIS SUBDIVISION.
  F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
THE  MONTHLY  FEE FOR CONDUCTING ELECTRONIC BELL JAR GAMES SHALL BE FIVE
PERCENT OF THE DIFFERENCE BETWEEN THE TOTAL AMOUNT FOR TICKETS PURCHASED
AND THE TOTAL AMOUNT OF PRIZES AWARDED FOR EACH GAME THAT WAS  COMPLETED
DURING THE PRECEDING MONTH.
  G.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, "NET PROCEEDS" FROM
ELECTRONIC BELL JARS SHALL CONSIST OF THE AMOUNTS DERIVED FROM THE  SALE
OF  BELL JAR TICKETS, LESS PAYMENTS FOR PRIZES AWARDED, FEES PAID TO THE
BOARD, AND PAYMENTS MADE TO MANUFACTURERS FOR  THE  PURCHASE,  LEASE  OR
OTHER  DISTRIBUTION  OF  ELECTRONIC  BELL  JAR  DEVICES AND THE SOFTWARE
CONTAINED IN SUCH DEVICES.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.