S T A T E   O F   N E W   Y O R K
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                                  2384

                       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 requiring the division of
  the  lottery  to  give  notice  to  local  communities  regarding  new
  locations for certain lottery games

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

  Section 1. Subparagraph (B) of paragraph 1 of subdivision a of section
1612 of the tax law is amended by adding a new clause (iv)  to  read  as
follows:
  (IV)  NOT LESS THAN THIRTY DAYS BEFORE LICENSING AN AGENT TO SELL SUCH
TICKETS ON ANY SUCH PREMISES, THE DIVISION SHALL PUBLISH IN A  NEWSPAPER
OF  GENERAL CIRCULATION IN AN AREA INCLUDING THE MUNICIPALITY WHERE SUCH
PREMISES ARE LOCATED, NOTICE THAT AN APPLICATION FOR  SUCH  LICENSE  HAS
BEEN  FILED  WITH  THE  DIVISION. SAID NOTICE SHALL INCLUDE THE NAME AND
BUSINESS ADDRESS OF THE LICENSE APPLICANT; THE ADDRESS OF  THE  PREMISES
WHEREIN  SUCH TICKETS SHALL BE SOLD; AND THE APPLICANT'S ESTIMATED GROSS
WEEKLY SALES. IF THE APPLICANT SEEKS A LICENSE PURSUANT TO CLAUSE (I) OF
THIS SUBPARAGRAPH, THEN SAID NOTICE SHALL ALSO INCLUDE  THE  PERCENT  OF
THE  APPLICANT'S  ESTIMATED GROSS WEEKLY SALES THAT RESULT FROM FOOD. IF
THE APPLICANT SEEKS A LICENSE PURSUANT TO CLAUSE (II) OF  THIS  SUBPARA-
GRAPH,  THEN  SAID  NOTICE SHALL ALSO INCLUDE THE SQUARE FOOTAGE OF SUCH
PREMISES. NO SUCH LICENSE SHALL BE ISSUED TO A  LICENSEE  TO  WHICH  THE
MUNICIPALITY  HAS OBJECTED IN WRITING, EXCEPT AFTER A PUBLIC HEARING AND
UNLESS THE DIVISION, BY THE DIRECTOR, THEREAFTER DETERMINES  IN  WRITING
THAT  SUCH LICENSE IS IN THE PUBLIC INTEREST AND APPROVES IN WRITING THE
ISSUANCE OF SUCH LICENSE. FOR THE PURPOSES  OF  THIS  CLAUSE,  THE  TERM
"MUNICIPALITY"  MEANS  AN  INCORPORATED  VILLAGE  IF  SUCH  PREMISES ARE
LOCATED THEREIN, A TOWN IF SUCH PREMISES ARE  LOCATED  THEREIN  AND  NOT
LOCATED SIMULTANEOUSLY WITHIN AN INCORPORATED VILLAGE, OR A CITY, EXCEPT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09326-01-9
              

S. 2384                             2

THAT IN THE CITY OF NEW YORK, THE COMMUNITY BOARD WITH JURISDICTION OVER
THE  AREA  IN  WHICH  SUCH  PREMISES ARE LOCATED SHALL BE CONSIDERED THE
MUNICIPALITY;
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the amendment to subparagraph
(B) of paragraph 1 of subdivision a of section 1612 of the tax law  made
by section one of this act shall not affect the repeal of such paragraph
and shall be deemed repealed therewith.