Assembly Bill A10034

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

                                  10034

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Racing and Wagering

AN  ACT  to  amend  the  tax  law,  in relation to restrictions on video
  lottery terminals

  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 1617-b to
read as follows:
  S 1617-B. RESTRICTIONS ON VIDEO LOTTERY TERMINALS. 1.  NO  LICENSE  TO
OPERATE A VIDEO LOTTERY TERMINAL SHALL BE GRANTED FOR ANY PREMISES WHICH
SHALL  BE  LOCATED  ON THE SAME STREET OR AVENUE, AND WITHIN TWO HUNDRED
FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE,
MOSQUE  OR  OTHER  PLACE  OF  WORSHIP; THE MEASUREMENTS TO BE TAKEN IN A
STRAIGHT LINE FROM THE CENTER OF THE NEAREST ENTRANCE  TO  THE  BUILDING
USED FOR SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE
CENTER  OF  THE NEAREST ENTRANCE OF THE PREMISES TO BE LICENSED; EXCEPT,
HOWEVER, THAT NO LICENSE SHALL BE DENIED TO  ANY  PREMISES  AT  WHICH  A
LICENSE  UNDER  THIS  CHAPTER  HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A
DATE PRIOR TO THE DATE WHEN A BUILDING ON THE SAME STREET OR AVENUE  AND
WITHIN  TWO  HUNDRED FEET OF SAID PREMISES HAS BEEN OCCUPIED EXCLUSIVELY
AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP.
  2. FOR THE PURPOSES OF THIS SECTION, THE WORD "ENTRANCE" SHALL MEAN  A
DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF THE PREMISES SOUGHT TO BE
LICENSED,  REGULARLY  USED TO GIVE INGRESS TO STUDENTS OF THE SCHOOL, TO
THE GENERAL PUBLIC ATTENDING THE PLACE OF WORSHIP,  AND  TO  PATRONS  OR
GUESTS  OF  THE  PREMISES  PROPOSED  TO BE LICENSED, EXCEPT THAT WHERE A
SCHOOL OR HOUSE OF WORSHIP IS SET BACK FROM A PUBLIC  THOROUGHFARE,  THE
WALKWAY  OR STAIRS LEADING TO ANY SUCH DOOR SHALL BE DEEMED AN ENTRANCE;
AND THE MEASUREMENT SHALL BE TAKEN TO  THE  CENTER  OF  THE  WALKWAY  OR
STAIRS AT THE POINT WHERE IT MEETS THE BUILDING LINE OR PUBLIC THOROUGH-
FARE.  A DOOR WHICH HAS NO EXTERIOR HARDWARE, OR WHICH IS USED SOLELY AS
AN EMERGENCY OR FIRE EXIT, OR FOR MAINTENANCE PURPOSES, OR  WHICH  LEADS
DIRECTLY  TO  A  PART  OF  A  BUILDING NOT REGULARLY USED BY THE GENERAL
PUBLIC OR PATRONS, IS NOT DEEMED AN "ENTRANCE".

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

                                                           LBD14387-01-2

A. 10034                            2

  3. FOR THE PURPOSES OF THIS SECTION, A BUILDING OCCUPIED AS A PLACE OF
WORSHIP DOES NOT CEASE TO  BE  "EXCLUSIVELY"  OCCUPIED  AS  A  PLACE  OF
WORSHIP  BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO DETRACT FROM THE
PREDOMINANT CHARACTER OF THE BUILDING AS A PLACE OF WORSHIP,  SUCH  USES
WHICH  INCLUDE,  BUT  WHICH  ARE  NOT LIMITED TO: THE CONDUCT OF LEGALLY
AUTHORIZED GAMES OF BINGO OR OTHER GAMES OF CHANCE HELD AS  A  MEANS  OF
RAISING  FUNDS  FOR  THE  NOT-FOR-PROFIT  RELIGIOUS  ORGANIZATION  WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR  FOR  OTHER  NOT-FOR-PROFIT
ORGANIZATIONS  OR  GROUPS; USE OF THE BUILDING FOR FUND-RAISING PERFORM-
ANCES BY OR BENEFITTING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATIONS WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
TIONS OR GROUPS FOR RELIGIOUS SERVICES OR OTHER PURPOSES; THE CONDUCT OF
SOCIAL ACTIVITIES BY OR FOR THE BENEFIT OF THE CONGREGANTS; THE  USE  OF
THE  BUILDING  FOR  MEETINGS  HELD  BY ORGANIZATIONS OR GROUPS PROVIDING
BEREAVEMENT COUNSELING TO PERSONS HAVING SUFFERED THE LOSS  OF  A  LOVED
ONE, OR PROVIDING ADVICE OR SUPPORT FOR CONDITIONS OR DISEASE INCLUDING,
BUT  NOT LIMITED TO, ALCOHOLISM, DRUG ADDICTION, CANCER, CEREBRAL PALSY,
PARKINSON'S DISEASE, OR ALZHEIMER'S DISEASE; THE USE OF THE BUILDING FOR
BLOOD DRIVES,  HEALTH  SCREENINGS,  HEALTH  INFORMATION  MEETINGS,  YOGA
CLASSES,  EXERCISE  CLASSES  OR OTHER ACTIVITIES INTENDED TO PROMOTE THE
HEALTH OF THE CONGREGANTS OR OTHER PERSONS; AND USE OF THE  BUILDING  BY
NON-CONGREGANT  MEMBERS  OF  THE COMMUNITY FOR PRIVATE SOCIAL FUNCTIONS.
THE BUILDING OCCUPIED AS A PLACE OF WORSHIP DOES NOT CEASE TO BE "EXCLU-
SIVELY" OCCUPIED AS A PLACE OF WORSHIP WHERE  THE  NOT-FOR-PROFIT  RELI-
GIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE PAYMENT OF
FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE BUILDING.
  S 2. This act shall take effect immediately.