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

                                  3913

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M. of A. GOLDFEDER, ABINANTI, CYMBROWITZ, MILLER -- read
  once and referred to the Committee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law  and
  the  tax  law, in relation to prohibiting individuals under the age of
  twenty-one from gambling

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

  Section  1.  Subdivision  2  of section 108 of the racing, pari-mutuel
wagering and breeding law, as added by section 1 of part A of chapter 60
of the laws of 2012, is amended to read as follows:
  2. No corporation, association or person that holds a license,  regis-
tration, franchise, certificate or permit issued by the commission shall
permit  any  person who is actually or apparently under [eighteen] TWEN-
TY-ONE years of age to bet on gaming activity, as defined in subdivision
five of section one hundred one of this article.
  S 2.  The opening paragraph of subdivision a of section 1617-a of  the
tax  law,  as amended by section 2 of part O-1 of chapter 57 of the laws
of 2009, is amended to read as follows:
  The division of the lottery is hereby authorized to license,  pursuant
to  rules  and  regulations  to  be  promulgated  by the division of the
lottery, the operation of video lottery gaming at Aqueduct,  Monticello,
Yonkers,  Finger  Lakes,  and  Vernon  Downs racetracks, or at any other
racetrack licensed pursuant to article three of the racing,  pari-mutuel
wagering  and  breeding  law that are located in a county or counties in
which video lottery gaming has been authorized pursuant  to  local  law,
excluding  the  licensed racetrack commonly referred to in article three
of the racing, pari-mutuel wagering and breeding law as  the  "New  York
state  exposition"  held  in  Onondaga  county and the racetracks of the
non-profit racing association known as Belmont Park  racetrack  and  the
Saratoga  thoroughbred  racetrack.    Such  rules  and regulations shall
provide, as a condition of licensure, that racetracks to be licensed are

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06371-01-5
              

A. 3913                             2

certified to be in compliance with all state and local fire  and  safety
codes,  THAT  NO  PERSON WHO IS ACTUALLY AND APPARENTLY UNDER TWENTY-ONE
YEARS OF AGE SHALL BE PERMITTED TO PARTICIPATE IN VIDEO LOTTERY  GAMING,
that  the division is afforded adequate space, infrastructure, and amen-
ities consistent with industry standards for  such  video  gaming  oper-
ations  as found at racetracks in other states, that racetrack employees
involved in the operation of  video  lottery  gaming  pursuant  to  this
section  are  licensed  by the racing and wagering board, and such other
terms and  conditions  of  licensure  as  the  division  may  establish.
Notwithstanding  any inconsistent provision of law, video lottery gaming
at a racetrack pursuant to this section  shall  be  deemed  an  approved
activity  for  such  racetrack under the relevant city, county, town, or
village land use or zoning ordinances, rules, or regulations. No  entity
licensed by the division operating video lottery gaming pursuant to this
section may house such gaming activity in a structure deemed or approved
by  the division as "temporary" for a duration of longer than [eighteen-
months] EIGHTEEN MONTHS. Nothing in  this  section  shall  prohibit  the
division  from licensing an entity to operate video lottery gaming at an
existing racetrack as authorized in this subdivision whether  or  not  a
different  entity  is  licensed  to conduct horse racing and pari-mutuel
wagering at such racetrack pursuant to  article  two  or  three  of  the
racing, pari-mutuel wagering and breeding law.
  S  3.   This act shall take effect on the thirtieth day after it shall
have become a law.