S T A T E O F N E W Y O R K
________________________________________________________________________
2382
2009-2010 Regular Sessions
I N S E N A T E
February 19, 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 tax law, in relation to the location of lottery
vending machines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new section 1621 to read
as follows:
S 1621. LOTTERY VENDING MACHINES. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, NO PERSON, FIRM, PARTNERSHIP, COMPANY OR CORPORATION SHALL OPER-
ATE A LOTTERY VENDING MACHINE UNLESS SUCH MACHINE IS LOCATED: (A) IN A
BAR AS DEFINED IN SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED
NINETY-NINE-N OF THE PUBLIC HEALTH LAW, OR THE BAR AREA OF A FOOD
SERVICE ESTABLISHMENT WITH A VALID, ON-PREMISES FULL LIQUOR LICENSE; (B)
IN A PRIVATE CLUB; (C) IN A TOBACCO BUSINESS AS DEFINED IN SUBDIVISION
SEVEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THE PUBLIC HEALTH
LAW; OR (D) IN A PLACE OF EMPLOYMENT WHICH HAS AN INSIGNIFICANT PORTION
OF ITS REGULAR WORKFORCE COMPRISED OF PEOPLE UNDER THE AGE OF EIGHTEEN
YEARS AND ONLY IN SUCH LOCATIONS THAT ARE NOT ACCESSIBLE TO THE GENERAL
PUBLIC; PROVIDED, HOWEVER, THAT IN SUCH LOCATIONS SUCH MACHINE IS
LOCATED IN PLAIN VIEW AND UNDER THE DIRECT SUPERVISION AND CONTROL OF
THE PERSON IN CHARGE OF THE LOCATION OR HIS OR HER DESIGNATED AGENT OR
EMPLOYEE.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09425-01-9