S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3423
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 AN ACT to amend the tax law, in relation  to  video  lottery  gaming  at
   commercial bowling establishments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Subparagraph (iii) of paragraph 1  of  subdivision  b  of
 section  1612  of  the  tax law is amended by adding a new clause (C) to
 read as follows:
   (C) A COMMERCIAL BOWLING ESTABLISHMENT THAT IS AUTHORIZED  BY  SECTION
 SIXTEEN  HUNDRED  SEVENTEEN-A  OF  THIS  ARTICLE  SHALL BE ENTITLED TO A
 VENDOR FEE OF NOT LESS THAN 20.25 PERCENT IN THE FIRST, SECOND AND THIRD
 YEARS OF VIDEO LOTTERY GAMING AT SUCH COMMERCIAL BOWLING  ESTABLISHMENT,
 20.0  PERCENT  IN  THE  FOURTH  AND  FIFTH YEARS AND 17.5 PERCENT IN ALL
 SUBSEQUENT YEARS.
   § 2. Section 1617-a of the tax law is amended by adding a new subdivi-
 sion a-1 to read as follows:
   A-1. 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 COMMERCIAL BOWLING
 ESTABLISHMENTS THAT ARE DULY LICENSED TO SERVE ALCOHOLIC BEVERAGES, HAVE
 SEGREGATED AREAS THAT PROHIBIT ACCESS TO PERSONS UNDER TWENTY-ONE  YEARS
 OF  AGE,  AND  THAT  ARE  LOCATED IN A COUNTY OR COUNTIES IN WHICH VIDEO
 LOTTERY GAMING HAS BEEN AUTHORIZED PURSUANT TO LOCAL LAW. SUCH RULES AND
 REGULATIONS SHALL PROVIDE, AS A CONDITION OF LICENSURE, THAT SUCH  BOWL-
 ING ESTABLISHMENTS TO BE LICENSED ARE CERTIFIED TO BE IN COMPLIANCE WITH
 ALL STATE AND LOCAL FIRE AND SAFETY CODES, THAT THE DIVISION IS AFFORDED
 ADEQUATE  SPACE,  INFRASTRUCTURE, AND AMENITIES CONSISTENT WITH INDUSTRY
 STANDARDS FOR SUCH VIDEO LOTTERY GAMING OPERATIONS AND  TO  ENSURE  THAT
 PERSONS  UNDER  TWENTY-ONE  YEARS OF AGE ARE PROHIBITED ACCESS FROM SUCH
 AREAS, THAT EMPLOYEES INVOLVED IN THE OPERATION OF VIDEO LOTTERY  GAMING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07775-01-1

 A. 3423                             2
 
 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 COMMERCIAL BOWLING ESTABLISHMENT PURSUANT TO THIS
 SECTION SHALL BE DEEMED AN APPROVED ACTIVITY FOR SUCH BOWLING ESTABLISH-
 MENT UNDER THE RELEVANT CITY, COUNTY,  TOWN,  OR  VILLAGE  LAND  USE  OR
 ZONING ORDINANCES, RULES, OR REGULATIONS. NO BOWLING ESTABLISHMENT OPER-
 ATING  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.
   § 3. This act shall take effect immediately.