S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5541
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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 skill
   based amusement games
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The alcoholic beverage control law is amended by adding a
 new section 132 to read as follows:
   § 132. SKILL BASED AMUSEMENT GAMES. 1. AS USED IN THIS SECTION, "SKILL
 BASED AMUSEMENT GAME" MEANS A GAME PLAYED IN EXCHANGE FOR  CONSIDERATION
 OF  CASH,  CREDIT  OR  OTHER THING OF VALUE ON A FIXED, COMMERCIAL ELEC-
 TRICAL GAMING DEVICE CONSISTING OF ONE OR MORE PLAYER STATIONS IN  WHICH
 THE  STRATEGY  AND SKILL OF THE PLAYER, RATHER THAN ANY INHERENT ELEMENT
 OF CHANCE, IS THE PRIMARY FACTOR IN DETERMINING  THE  OUTCOME,  AND  FOR
 WHICH  THE  PLAYER  MAY BE AWARDED A PRIZE OR OTHER THING OF VALUE FOR A
 SUCCESSFUL OUTCOME, AND MEETS THE FOLLOWING CRITERIA:
   (A) "SKILL" MEANS THE HUMAN ATTRIBUTES OF A PLAYER SUCH AS  KNOWLEDGE,
 DEXTERITY, VISUAL COGNITION, LOGIC, MEMORY, REACTION, STRENGTH, AGILITY,
 ATHLETICISM, HAND-TO-EYE COORDINATION, NUMERICAL AND/OR LEXICAL ABILITY,
 OR ANY OTHER ABILITY OR EXPERTISE RELEVANT TO GAME PLAY.
   (B)  A  SINGLE  PLAY  ON A SKILL BASED AMUSEMENT GAME SHALL BEGIN WITH
 CONSIDERATION AND A PLAYER ACTION AND END WHEN NO FURTHER  PROGRESS  CAN
 BE MADE WITHOUT ADDITIONAL CONSIDERATION.
   (C)  THE  ABILITY  OF  ANY  PLAYER TO SUCCEED AT THE GAME SHALL NOT BE
 IMPACTED BY THE NUMBER OR RATIO OF PRIOR WINS TO PRIOR LOSSES OF PLAYERS
 PLAYING THE GAME, INCLUDING THROUGH THE USE OF A COMPENSATING ALGORITHM.
   (D) NEITHER THE OCCURRENCE OF A CHANCE EVENT THAT CANNOT BE ALTERED BY
 A PLAYER'S ACTION NOR THE OUTPUT OF  A  RANDOM  NUMBER  GENERATOR  SHALL
 DETERMINE THE OUTCOME OF A GAME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10433-01-1
              

 S. 5541                             2
 
   (E)  A SKILL BASED AMUSEMENT GAME SHALL HAVE NO AUTOMATIC WINNERS, AND
 NO PRIZE SHALL BE AWARDED WITHOUT APPLICATION OF THE PLAYER'S SKILL  AND
 STRATEGY.
   (F)  INCREASED  GAME  PRIZES SHALL REQUIRE A HIGHER LEVEL OF SKILL AND
 STRATEGY FROM THE PLAYER.
   (G) A SKILL BASED AMUSEMENT GAME SHALL  REQUIRE  THAT  SKILL  BE  USED
 DURING THE MAIN PLAY OF THE GAME AND NOT ONLY AT THE END OF A GAME.
   (H)  THE PLAYER SHALL HAVE AVAILABLE A MEANS TO WIN MORE THAN THE COST
 TO PLAY ON EVERY GAME PLAYED.
   (I) THE SKILL REQUIRED TO SUCCEED SHALL NOT BE  SO  DIFFICULT  THAT  A
 NORMAL, AVERAGE PERSON CANNOT ACHIEVE SUCCESS.
   (J)  THE PLAYER SHALL HAVE ACCESS TO INFORMATION THAT IDENTIFIES EVERY
 POSSIBLE AWARD TYPE AND SUCH INFORMATION  SHALL  BE  ACCESSIBLE  AT  ALL
 TIMES, EXCEPT DURING A GAME IN PROGRESS.
   (K)  A SKILL BASED AMUSEMENT GAME ON AN ELECTRICAL GAMING DEVICE SHALL
 NOT BE A FACSIMILE OF A CASINO TABLE GAME,  CARD  GAME,  BINGO  GAME  OR
 SPINNING REEL GAME.
   (L)  A  USER OF A SKILL BASED AMUSEMENT GAME SHALL BE AT LEAST TWENTY-
 ONE YEARS OF AGE.
   2. THE AUTHORITY SHALL LICENSE MANUFACTURERS, OPERATORS AND  LOCATIONS
 OF SKILL BASED AMUSEMENT GAMES PURSUANT TO RULES AND REGULATIONS PROMUL-
 GATED  BY  THE  AUTHORITY. FEES FOR SUCH LICENSES SHALL BE FIVE THOUSAND
 DOLLARS FOR A MANUFACTURER, FIVE HUNDRED DOLLARS FOR  AN  OPERATOR,  AND
 ONE  HUNDRED  DOLLARS  FOR A LOCATION. LOCATIONS SHALL ONLY BE LICENSEES
 FOR SALE OF ALCOHOL AT RETAIL ISSUED PURSUANT TO THE PROVISIONS OF  THIS
 CHAPTER, EXCLUDING RACETRACKS AND CASINOS.
   3.  EACH  MANUFACTURER  SHALL  PROVIDE ACCESS TO A DATA COLLECTION AND
 MANAGEMENT SYSTEM TO THE AUTHORITY WHICH SHALL COLLECT  AND  REPORT  THE
 FOLLOWING  INFORMATION  FROM  EACH DEVICE: (A) CASH IN, (B) PAYOUTS, (C)
 POINTS PLAYED, (D) POINTS WON, (E) GROSS TERMINAL INCOME, (F) NET TERMI-
 NAL REVENUE, (G) THE NUMBER OF PLAYS OF THE GAME, (H) THE  AMOUNTS  PAID
 TO  PLAY THE GAME, AND (I) ANY OTHER INFORMATION REQUIRED BY REGULATIONS
 OF THE AUTHORITY.
   4. THERE IS HEREBY IMPOSED A TAX OF TEN PERCENT OF GROSS DEVICE REVEN-
 UE. "GROSS DEVICE REVENUE" MEANS THE TOTAL OF CASH OR  CASH  EQUIVALENTS
 RECEIVED BY A SKILL BASED AMUSEMENT GAME TERMINAL DEVICE MINUS THE TOTAL
 OF  CASH  OR CASH EQUIVALENTS PAID OUT TO PLAYERS AS A RESULT OF PLAYING
 SUCH SKILL BASED AMUSEMENT GAME. SUCH TAX SHALL BE CALCULATED  AND  PAID
 TO  THE  AUTHORITY  BY EACH MANUFACTURER ON A MONTHLY BASIS BASED ON THE
 GROSS DEVICE REVENUE EARNED DURING  THE  PRIOR  MONTH.  TAXES  COLLECTED
 PURSUANT  TO  THE  PROVISIONS  OF THIS SECTION SHALL BE DEPOSITED IN THE
 STATE GENERAL FUND.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.