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

                                  2335

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 18, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

AN  ACT  to  amend  the  general  municipal law, the racing, pari-mutuel
  wagering and breeding law and the tax law, in relation to raising  the
  minimum legal betting age from eighteen to twenty-one years

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

  Section 1. Section 195-a of the general municipal law, as  amended  by
chapter 574 of the laws of 1978, is amended to read as follows:
  S  195-a.    Participation by persons under [eighteen] TWENTY-ONE.  No
person under the age of [eighteen] TWENTY-ONE years shall be   permitted
to  play  any  game or games of chance conducted pursuant to any license
issued under this article.  Persons under the age of [eighteen]  TWENTY-
ONE  years  may be permitted to attend games of chance at the discretion
of the games of chance licensee.  No person under the age of  [eighteen]
TWENTY-ONE  years  shall  be  permitted  to  operate  any game of chance
conducted pursuant to any license issued under this article or to assist
therein.
  S 2. Section 104 of the racing, pari-mutuel wagering and breeding law,
as amended by chapter 919 of the laws of 1986, is  amended  to  read  as
follows:
  S  104.  Prohibition  of  wagering by certain officials, employees and
[minors] PERSONS UNDER TWENTY-ONE YEARS OF AGE.   No member,  secretary,
deputy,  officer, representative, employee or counsel of the board shall
wager either upon the outcome of any horse race conducted at a track  at
which  pari-mutuel betting is conducted by any licensee or franchisee of
the board. No association or corporation which is licensed or franchised
by the board shall permit any person  who  is  actually  and  apparently
under  [eighteen]  TWENTY-ONE  years  of  age  to  bet  on  a horse race
conducted by it nor shall such person be permitted to bet at  an  estab-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09331-01-9
              

S. 2335                             2

lishment  of  a  regional  corporation  conducting off-track betting. No
individual employed by an off-track betting corporation as a pari-mutuel
clerk, cashier or seller shall be permitted to bet during those  periods
of any day on which such person is actually employed in such capacity.
  S  3.  Paragraph 4 of subdivision d of section 1605 of the tax law, as
added by chapter 92 of the laws of 1976, is amended to read as follows:
  4. Whether place of business or activity is  predominantly  frequented
by persons under the age of [eighteen] TWENTY-ONE years.
  S 4. Subdivision a of section 1610 of the tax law, as added by chapter
92 of the laws of 1976, is amended to read as follows:
  a.   No ticket shall be sold to any person under the age of [eighteen]
TWENTY-ONE years, but this shall not be deemed to prohibit the  purchase
of  a  ticket  for  the  purpose of making a gift by a person [eighteen]
TWENTY-ONE years of age or older to a person less than that  age.    Any
licensee or the employee or agent of any licensee who sells or offers to
sell  a lottery ticket to any person under the age of [eighteen] TWENTY-
ONE shall be guilty of a misdemeanor.
  S 5. Subparagraph (C) of paragraph 1 of subdivision a of section  1612
of  the tax law, as added by chapter 336 of the laws of 1999, is amended
to read as follows:
  (C) the rules for the operation of such game shall be as prescribed by
regulations promulgated and adopted by the division,  provided  however,
that such rules shall provide that no person under the age of twenty-one
may participate in such games [on the premises of a licensee who holds a
license  issued  pursuant  to the alcoholic beverage control law to sell
alcoholic beverages for consumption on  the  premises];  and,  provided,
further,  that such regulations may be revised on an emergency basis not
later than ninety days after the enactment of this paragraph in order to
conform such regulations to the requirements of this paragraph; or
  S 6. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law provided that the amendments to subparagraph (C) of
paragraph 1 of subdivision a of section 1612 of  the  tax  law  made  by
section  five  of this act shall not affect the expiration and repeal of
such subdivision as provided by section 1 of part J of  chapter  405  of
the laws of 1999, as amended and shall be repealed therewith.