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