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

                                  7043

                            I N  S E N A T E

                             April 25, 2012
                               ___________

Introduced  by  Sen. ADDABBO -- 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 racing, pari-mutuel wagering and breeding law and
  the tax law, in relation to prohibiting individuals under the  age  of
  twenty-one from gambling

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

  Section 1. Section 104 of the racing, pari-mutuel wagering and  breed-
ing  law,  as  amended by chapter 919 of the laws of 1986, is amended to
read as follows:
  S 104. Prohibition of wagering by  certain  officials,  employees  and
minors.  No member, secretary, deputy, officer, representative, employee
or counsel of the board shall wager either upon the outcome of any horse
race conducted at a track at which pari-mutuel betting is  conducted  by
any  licensee  or franchisee of the board. No association or corporation
which is licensed or franchised by the board shall permit any person who
is actually and apparently under [eighteen] TWENTY-ONE years of  age  to
bet  on  a horse race conducted by it nor shall such person be permitted
to bet at an establishment of a  regional  corporation  conducting  off-
track  betting.  No  individual  employed by an off-track betting corpo-
ration as a pari-mutuel clerk, cashier or seller shall be  permitted  to
bet  during  those  periods  of any day on which such person is actually
employed in such capacity.
  S 2. Subdivision 2 of section 108 of the racing, pari-mutuel  wagering
and  breeding  law, as added by section 1 of part A of chapter 60 of the
laws of 2012, is amended to read as follows:
  2. No corporation, association or person that holds a license,  regis-
tration, franchise, certificate or permit issued by the commission shall
permit  any  person who is actually or apparently under [eighteen] TWEN-
TY-ONE years of age to bet on gaming activity, as defined in subdivision
five of section one hundred one of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15297-02-2

              

S. 7043                             2

  S 3.  The opening paragraph of subdivision a of section 1617-a of  the
tax  law,  as amended by section 2 of part O-1 of chapter 57 of the laws
of 2009, is amended to read as follows:
  a. The division of the lottery is hereby authorized to license, pursu-
ant  to  rules  and regulations to be promulgated by the division of the
lottery, the operation of video lottery gaming at Aqueduct,  Monticello,
Yonkers,  Finger  Lakes,  and  Vernon  Downs racetracks, or at any other
racetrack licensed pursuant to article three of the racing,  pari-mutuel
wagering  and  breeding  law that are located in a county or counties in
which video lottery gaming has been authorized pursuant  to  local  law,
excluding  the  licensed racetrack commonly referred to in article three
of the racing, pari-mutuel wagering and breeding law as  the  "New  York
state  exposition"  held  in  Onondaga  county and the racetracks of the
non-profit racing association known as Belmont Park  racetrack  and  the
Saratoga  thoroughbred  racetrack.    Such  rules  and regulations shall
provide, as a condition of licensure, that racetracks to be licensed are
certified to be in compliance with all state and local fire  and  safety
codes,  THAT  NO  PERSON WHO IS ACTUALLY AND APPARENTLY UNDER TWENTY-ONE
YEARS OF AGE SHALL BE PERMITTED TO PARTICIPATE IN VIDEO LOTTERY  GAMING,
that  the division is afforded adequate space, infrastructure, and amen-
ities consistent with industry standards for  such  video  gaming  oper-
ations  as found at racetracks in other states, that racetrack employees
involved in the operation of  video  lottery  gaming  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 racetrack pursuant to this section  shall  be  deemed  an  approved
activity  for  such  racetrack under the relevant city, county, town, or
village land use or zoning ordinances, rules, or regulations. No  entity
licensed by the division operating 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. Nothing in this section shall prohibit the division from licens-
ing an entity to operate video lottery gaming at an  existing  racetrack
as  authorized  in this subdivision whether or not a different entity is
licensed to conduct horse racing and pari-mutuel wagering at such  race-
track pursuant to article two or three of the racing, pari-mutuel wager-
ing and breeding law.
  S  4.   This act shall take effect on the thirtieth day after it shall
have become a law; provided that the amendments to section  104  of  the
racing,  pari-mutuel  wagering  and  breeding law made by section one of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith; and provided further that section two  of  this  act
shall  take  effect on the same date and in the same manner as section 1
of part A of chapter 60 of the laws of 2012, as amended, takes effect.