NY State Senate Bill 2019-S704

Senate Bill S704

2019-2020 Legislative Session

Relates to certain recreational contests in establishments with licenses to sell alcoholic beverages for consumption on premise

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Jan 09, 2019	referred to investigations and government operations

2019-S704 (ACTIVE) - Details

See Assembly Version of this Bill:: A4374
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §132, ABC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7068
2017-2018: S2518, A9962
2021-2022: A9022
2023-2024: A1580
2025-2026: A1514

2019-S704 (ACTIVE) - Summary

Allows any person who holds a license to sell alcoholic beverages for consumption on premises to allow players to engage in certain recreational contests.

2019-S704 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S704

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
certain recreational contests in establishments with licenses to sell
alcoholic beverages for consumption on premise

 
PURPOSE:

To allow individuals to engage in recreational games such as playing
cards or penny poker in establishments with licenses to sell alcohol and
to permit friendly wagers between participants only as such is author-
ized by the licensed establishment.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative Intent: Allowing recreational games such as play-
ing cards, penny poker, cribbage, and dominoes to be permitted in estab-
lishments licensed by the state liquor authority to serve alcoholic

beverages will offer mutual benefits for the consumer and the establish-
ment.

Section 2 amends the alcoholic beverage control law by adding a new
section, which allows for recreational contests involving skill to take
place in establishments with licenses to sell alcoholic beverages.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Currently, establishments with licenses to sell alcoholic beverages are
prohibited from allowing customers to participate in recreational
contests of skill such as cards, penny poker, cribbage, and dominoes.
This bill would permit such establishments to allow customers to partic-
ipate in these recreational contests.

Additionally, this bill would offer customers such as senior citizens
the option to play cards while taking advantage of the amenities offered
at an establishment such as a local tavern or pub. Affording the option
to participate in these recreational games would be a win-win for both
customers and businesses.

 
LEGISLATIVE HISTORY:

2017-18: S.2518/A.9962 Advanced to 3rd Reading/Referred to Racing and
Wagering
2015-16: S.7068 Referred to Investigations and Government Operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S704 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    704
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   certain  recreational contests in establishments with licenses to sell
   alcoholic beverages for consumption on premise
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The legislature finds that allowing
 recreational games such as playing  cards,  penny  poker,  cribbage  and
 dominoes  be  permitted  in establishments, licensed by the state liquor
 authority to serve alcoholic beverages, will offer mutual  benefits  for
 both  the  consumer and the establishment. Allowing for these activities
 to be conducted in establishments such as the local tavern or pub  would
 provide  a  place for individuals like senior citizens to recreate. This
 legislation would further stimulate  business  within  these  establish-
 ments.  Nevertheless,  both  employer and employee of such establishment
 would be prohibited from profiting from any  such  games  so  authorized
 pursuant to this legislation.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 132 to read as follows:
   § 132. RECREATIONAL CONTESTS INVOLVING SKILL  IN  ESTABLISHMENTS  WITH
 LICENSES  TO  SELL ALCOHOLIC BEVERAGES. NOTWITHSTANDING ANY PROVISION OF
 LAW TO THE CONTRARY ANY PERSON, WHO HOLDS A LICENSE  TO  SELL  ALCOHOLIC
 BEVERAGES FOR CONSUMPTION ON PREMISE PURSUANT TO THIS CHAPTER, MAY ALLOW
 PLAYERS  TO ENGAGE IN RECREATIONAL CONTESTS AMONGST THEMSELVES INVOLVING
 CHANCE SO LONG AS SKILL IS A FACTOR AT SUCH  ESTABLISHMENTS.    WAGERING
 AMONGST  PARTICIPANTS IS PERMISSIBLE. NO PROCEEDS SHALL GO TO THE ESTAB-
 LISHMENT.   NO EMPLOYEE OF  SUCH  ESTABLISHMENT  SHALL  ENGAGE  IN  SUCH
 CONTESTS.  NOTHING  IN  THIS  SECTION  SHALL  BE CONSIDERED UNLAWFUL FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02738-01-9

 S. 704                              2
 
 PURPOSES OF ARTICLE TWO HUNDRED TWENTY-FIVE OF THE PENAL LAW  NOR  SHALL
 IT  BE  CONSTRUED TO AFFECT THE EXISTING AUTHORITY OF THE GOVERNOR UNDER
 THE CONSTITUTION AND THE LAWS OF THIS STATE TO PROHIBIT GAMBLING.
   § 3. This act shall take effect immediately.

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