S. 5904 2 A. 8112
numbers S.5883 and A.8101, is REPEALED, and subdivisions 6, 7, 8, 9, 10
and 11 are renumbered subdivisions 5, 6, 7, 8, 9 and 10.
S 3. Subdivision 15 of section 225.00 of the penal law, as added by
section 3 of a chapter of the laws of 2013 amending the racing, pari-mu-
tuel wagering and breeding law and other laws relating to commercial
gaming, as proposed in legislative bill numbers S. 5883 and A. 8101, is
amended to read as follows:
15. "Casino gaming" means games authorized to be played pursuant to a
license granted under article thirteen of the racing, pari-mutuel wager-
ing and breeding law or by federally recognized Indian nations or tribes
pursuant to a [valid] gaming compact reached in accordance with the
federal Indian Gaming Regulatory Act of 1988, Pub. L. 100-497, 102 Stat.
2467, codified at 25 U.S.C. SS 2701-21 and 18 U.S.C. SS 1166-68.
S 4. Subdivision (f) of section 52 of a chapter of the laws of 2013
amending the racing, pari-mutuel wagering and breeding law and other
laws relating to commercial gaming, as proposed in legislative bill
numbers S. 5883 and A. 8101, is amended and a new subdivision (a-1) is
added to read as follows:
(A-1) NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, SECTION 1330-A
OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, AS ADDED BY
SECTION TWO OF THIS ACT, SHALL TAKE EFFECT IMMEDIATELY;
(f) [section forty] SECTIONS FORTY-THREE through [forty-eight] FIFTY-
ONE of this act shall take effect January 1, 2014; except that the New
York state gaming commission may accept and review applications for
licenses for account wagering and for multi-jurisdictional account
wagering providers commencing on October 1, 2013.
S 5. The opening paragraph, the second, fourth, fifth undesignated
paragraphs and the opening paragraph of the 7th undesignated paragraph
of clause (G) of subparagraph (ii) of paragraph 1 of subdivision b of
section 1612 of the tax law, as amended by section 40 of a chapter of
the laws of 2013 amending the racing, pari-mutuel wagering and breeding
law and other laws relating to commercial gaming, as proposed in legis-
lative bill numbers S. 5883 and A. 8101, are amended to read as follows:
notwithstanding clauses (A), (B), (C), (D), (E) and (F) of this
subparagraph, when no more than one vendor track located in the town of
Thompson in Sullivan county at the site of the former Concord Resort at
which a qualified capital investment has been made and no fewer than one
thousand full-time, permanent employees have been newly hired, is
located in Sullivan county and is within sixty miles from any gaming
facility in a contiguous state, then for a period of forty years the
vendor's fee shall equal the total revenue wagered at the vendor track
after payout of prizes pursuant to this subdivision reduced by the
greater of (i) twenty-five percent of total revenue after payout for
prizes for "video lottery games" or (ii) for the first eight years of
operation thirty-eight million dollars, and beginning in the ninth year
of operation such amount shall increase annually by the lesser of the
increase in the consumer price index or two percent, plus seven percent
of total revenue after payout of prizes. In addition, in the event the
vendor fee is calculated pursuant to subclause (i) of this clause, the
vendor's fee shall be further reduced by 11.11 percent of the amount by
which total revenue after payout for prizes exceeds two hundred fifteen
million dollars, but in no event shall such reduction exceed five
million dollars. [Provided, further, no vendor is eligible for the
vendor's fee described in this clause who operates or invests in or
owns, in whole or in part, another vendor license or is licensed as a
S. 5904 3 A. 8112
vendor track that currently receives a vendor fee for the operation of
video lottery gaming pursuant to this article.]
Provided, however, that in the case of [a resort facility] NO MORE
THAN ONE VENDOR TRACK located IN THE TOWN OF THOMPSON in Sullivan county
AT THE SITE OF THE FORMER CONCORD RESORT with a qualified capital
investment, and one thousand full-time, permanent employees if at any
time after three years of opening operations of the licensed video
gaming facility OR LICENSED VENDOR TRACK, the [resort facility] VENDOR
TRACK experiences an employment shortfall, then the recapture amount
shall apply, for only such period as the shortfall exists.
For the purposes of this section, "full-time, permanent employee"
shall mean an employee who has worked at the video gaming facility,
VENDOR TRACK or related and adjacent facilities for a minimum of thir-
ty-five hours per week for not less than four consecutive weeks and who
is entitled to receive the usual and customary fringe benefits extended
to other employees with comparable rank and duties; or two part-time
employees who have worked at the video gaming facility, vendor track or
related and adjacent facilities for a combined minimum of thirty-five
hours per week for not less than four consecutive weeks and who are
entitled to receive the usual and customary fringe benefits extended to
other employees with comparable rank and duties.
For the purpose of this section "employment goal" shall mean one thou-
sand five hundred full-time permanent employees after three years of
opening operations of the licensed video gaming facility OR LICENSED
VENDOR TRACK.
For the purposes of this section "recapture amount" shall mean the
difference between the amount of the vendor's fee paid to a vendor TRACK
with a qualified capital investment, and the vendor fee otherwise paya-
ble to a vendor TRACK pursuant to clause (F) of this subparagraph, that
is reimbursable by the vendor track to the division for payment into the
state treasury, to the credit of the state lottery fund created by
section ninety-two-c of the state finance law, due to an employment
shortfall pursuant to the following schedule only for the period of the
employment shortfall:
S 6. Clause (H) of subparagraph (ii) of paragraph 1 of subdivision b
of section 1612 of the tax law, as added by section 40 of a chapter of
the laws of 2013 amending the racing, pari-mutuel wagering and breeding
law and other laws relating to commercial gaming, as proposed in legis-
lative bill numbers S. 5883 and A. 8101, is REPEALED.
S 7. Clauses (I) and (J) of subparagraph (ii) of paragraph 1 of subdi-
vision b of section 1612 of the tax law, as added by section 40 of a
chapter of the laws of 2013 amending the racing, pari-mutuel wagering
and breeding law and other laws relating to commercial gaming, as
proposed in legislative bill numbers S. 5883 and A. 8101, are amended to
read as follows:
[(I)] (H) notwithstanding clauses (A), (B), (C), (D), (E), (F)[,] and
[(G-1)] (G) of this subparagraph, the track operator of a vendor track
shall be eligible for a vendor's capital award of up to four percent of
the total revenue wagered at the vendor track after payout for prizes
pursuant to this chapter, which shall be used exclusively for capital
project investments to improve the facilities of the vendor track which
promote or encourage increased attendance at the video lottery gaming
facility including, but not limited to hotels, other lodging facilities,
entertainment facilities, retail facilities, dining facilities, events
arenas, parking garages and other improvements that enhance facility
amenities; provided that such capital investments shall be approved by
S. 5904 4 A. 8112
the division, in consultation with the state racing and wagering board,
and that such vendor track demonstrates that such capital expenditures
will increase patronage at such vendor track's facilities and increase
the amount of revenue generated to support state education programs. The
annual amount of such vendor's capital awards that a vendor track shall
be eligible to receive shall be limited to two million five hundred
thousand dollars, except for Aqueduct racetrack, for which there shall
be no vendor's capital awards. Except for tracks having less than one
thousand one hundred video gaming machines, each track operator shall be
required to co-invest an amount of capital expenditure equal to its
cumulative vendor's capital award. For all tracks, except for Aqueduct
racetrack, the amount of any vendor's capital award that is not used
during any one year period may be carried over into subsequent years
ending before April first, two thousand fourteen. Any amount attribut-
able to a capital expenditure approved prior to April first, two thou-
sand fourteen and completed before April first, two thousand sixteen
shall be eligible to receive the vendor's capital award. In the event
that a vendor track's capital expenditures, approved by the division
prior to April first, two thousand fourteen and completed prior to April
first, two thousand sixteen, exceed the vendor track's cumulative capi-
tal award during the five year period ending April first, two thousand
fourteen, the vendor shall continue to receive the capital award after
April first, two thousand fourteen until such approved capital expendi-
tures are paid to the vendor track subject to any required co-invest-
ment. In no event shall any vendor track that receives a vendor fee
pursuant to clause (F) or (G) of this subparagraph be eligible for a
vendor's capital award under this section. Any operator of a vendor
track which has received a vendor's capital award, choosing to divest
the capital improvement toward which the award was applied, prior to the
full depreciation of the capital improvement in accordance with general-
ly accepted accounting principles, shall reimburse the state in amounts
equal to the total of any such awards. Any capital award not approved
for a capital expenditure at a video lottery gaming facility by April
first, two thousand fourteen shall be deposited into the state lottery
fund for education aid; and
[(J)] (I) Notwithstanding any provision of law to the contrary, free
play allowance credits authorized by the division pursuant to subdivi-
sion f of section sixteen hundred seventeen-a of this article shall not
be included in the calculation of the total amount wagered on video
lottery games, the total amount wagered after payout of prizes, the
vendor fees payable to the operators of video lottery facilities,
vendor's capital awards, fees payable to the division's video lottery
gaming equipment contractors, or racing support payments.
S 8. Subparagraph (iii) of paragraph 1 of subdivision b of section
1612 of the tax law, as added by section 40 of a chapter of the laws of
2013 amending the racing, pari-mutuel wagering and breeding law and
other laws relating to commercial gaming, as proposed in legislative
bill numbers S. 5883 and A. 8101, is amended to read as follows:
(iii) less an additional vendor's marketing allowance at a rate of ten
percent for the first one hundred million dollars annually and eight
percent thereafter of the total revenue wagered at the vendor track
after payout for prizes to be used by the vendor track for the marketing
and promotion and associated costs of its video lottery gaming oper-
ations and pari-mutuel horse racing operations, as long as any such
costs associated with pari-mutuel horse racing operations simultaneously
encourage increased attendance at such vendor's video lottery gaming
S. 5904 5 A. 8112
facilities, consistent with the customary manner of marketing comparable
operations in the industry and subject to the overall supervision of the
division; provided, however, that the additional vendor's marketing
allowance shall not exceed eight percent in any year for any operator of
a racetrack located in the county of Westchester or Queens; provided,
however, a vendor track that receives a vendor fee pursuant to clause
(G) of subparagraph (ii) of this paragraph shall not receive the addi-
tional vendor's marketing allowance provided, however, a vendor that
receives a vendor fee pursuant to clause (G-1) of subparagraph (ii) of
this paragraph shall receive an additional marketing allowance at a rate
of ten percent of the total revenue wagered at the video lottery gaming
facility after payout for prizes. [the division shall ensure the maxi-
mum lottery support for education while also ensuring the effective
implementation of section sixteen hundred seventeen-a of this article
through the provision of reasonable reimbursements and compensation to
vendor tracks for participation in such program. Within twenty days
after any award of lottery prizes, the division shall pay into the state
treasury, to the credit of the state lottery fund, the balance of all
moneys received from the sale of all tickets for the lottery in which
such prizes were awarded remaining after provision for the payment of
prizes as herein provided. Any revenues derived from the sale of adver-
tising on lottery tickets shall be deposited in the state lottery fund.]
S 9. The opening paragraph of paragraph 2 of subdivision b of section
1612 of the tax law, as added by section 40 of a chapter of the laws of
2013 amending the racing, pari-mutuel wagering and breeding law and
other laws relating to commercial gaming, as proposed in legislative
bill numbers S. 5883 and A. 8101, is amended to read as follows:
As consideration for the operation of a video lottery gaming facility,
the division, shall cause the investment in the racing industry of a
portion of the vendor fee received pursuant to paragraph one of this
subdivision in the manner set forth in this subdivision. With the
exception of Aqueduct racetrack or a facility in the county of Nassau or
Suffolk operated by a corporation established pursuant to section five
hundred two of the racing, pari-mutuel wagering and breeding law [or a
facility in the county of Nassau or Suffolk operated by a corporation
established pursuant to section five hundred two of the racing, pari-mu-
tuel wagering and breeding law], each such track shall dedicate a
portion of its vendor fees, received pursuant to clause (A), (B), (C),
(D), (E), (F), or (G) of subparagraph (ii) of paragraph one of this
subdivision, solely for the purpose of enhancing purses at such track,
in an amount equal to eight and three-quarters percent of the total
revenue wagered at the vendor track after pay out for prizes. One
percent of such purse enhancement amount shall be paid to the gaming
commission to be used exclusively to promote and ensure equine health
and safety in New York. Any portion of such funding to the gaming
commission unused during a fiscal year shall be returned to the video
lottery gaming operators on a pro rata basis in accordance with the
amounts originally contributed by each operator and shall be used for
the purpose of enhancing purses at such track. In addition, with the
exception of Aqueduct racetrack OR A FACILITY IN THE COUNTY OF NASSAU OR
SUFFOLK OPERATED BY A CORPORATION ESTABLISHED PURSUANT TO SECTION FIVE
HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, one
and one-quarter percent of total revenue wagered at the vendor track
after pay out for prizes, received pursuant to clause (A), (B), (C),
(D), (E), (F), or (G) of subparagraph (ii) of paragraph one of this
S. 5904 6 A. 8112
subdivision, shall be distributed to the appropriate breeding fund for
the manner of racing conducted by such track.
S 10. Subdivision (f-1) of section 1612 of the tax law, as added by
section 40 of a chapter of the laws of 2013 amending the racing, pari-
mutuel wagering and breeding law and other laws relating to commercial
gaming, as proposed in legislative bill numbers S. 5883 and A. 8101, is
amended to read as follows:
[(f-1)] F-1. As consideration for operation of video lottery gaming
facility located in the county of Nassau [of] OR Suffolk and operated by
a corporation established pursuant to section five hundred two of the
racing, pari-mutuel wagering and breeding law, the division shall cause
the INVESTMENT in the racing industry of the following percentages of
the vendor fee to be deposited or paid as follows:
[(1)] 1. Two and three tenths percent of the total wagered after
payout of prizes for the purpose of enhancing purses at Aqueduct race-
track, Belmont Park racetrack and Saratoga race course, provided, howev-
er, that any amount that is in excess of the amount necessary to main-
tain purse support from video lottery gaming at Aqueduct racetrack,
Belmont Park racetrack and Saratoga race course at the same level real-
ized [in] in two thousand thirteen, to be adjusted by the consumer price
index for all urban consumers, as published annually by the United
States department of LABOR, bureau of labor statistics, shall [be]
instead be returned to the commission.
[(2)] 2. five tenths percent of the total wagered after payout of
prizes for the appropriate breeding fund for the manner of racing at
Aqueduct racetrack, Belmont Park racetrack and Saratoga race course,
provided, however, that any amount that is in excess of the amount
necessary to maintain payments from video lottery gaming at Aqueduct
racetrack at the same level realized [in] in two thousand thirteen, to
be adjusted by the consumer price index for all urban consumers, as
published annually by the United States department of LABOR, bureau of
labor statistics, shall [be] instead be returned to the commission.
[(3)] 3. one and three tenths percent of the total revenue wagered
after payout of prizes to be deposited into an account of the franchised
corporation established pursuant to section two hundred six of the
racing, pari-mutuel wagering and breeding law to be used for capital
expenditures in maintaining and upgrading Aqueduct racetrack, Belmont
Park racetrack and Saratoga race course, provided, however, that any
amount that is in excess of the amount necessary to maintain payments
for capital expenditures from video lottery gaming at Aqueduct racetrack
at the same level realized [in] in two thousand thirteen, to be adjusted
by the consumer price index for all urban consumers, as published annu-
ally by the United States department of LABOR, bureau of labor statis-
tics, shall [be] instead be returned to the commission.
[(4)] 4. Nine tenths percent of the total revenue wagered after payout
for prizes to be deposited into an account of the franchised corporation
established pursuant to section two hundred six of the racing, pari-mu-
tuel wagering and breeding law to be used for general thoroughbred
racing operations at Aqueduct racetrack, Belmont Park racetrack and
Saratoga race course, provided, however, that any amount that is in
excess of the amount necessary to maintain payments for general
thoroughbred racing operations from video lottery gaming at Aqueduct
racetrack at the same level realized [in] in two thousand thirteen, to
be adjusted by the consumer price index for all urban consumers, as
published annually by the United States department of LABOR, bureau of
labor statistics, shall [be] instead be returned to the commission.
S. 5904 7 A. 8112
S 11. The opening paragraph of the first clause (G) of subparagraph
(ii) of paragraph 1 of subdivision b of section 1612 of the tax law, as
amended by section 42 of a chapter of the laws of 2013 amending the
racing, pari-mutuel wagering and breeding law and other laws relating to
commercial gaming, as proposed in legislative bill numbers S. 5883 and
A. 8101, is amended to read as follows:
notwithstanding clauses (A), (B), (C), (D), (E) and (F) of this
subparagraph, when [a resort facility to be operated by other than a
presently licensed video lottery gaming operator or any entity affil-
iated therewith selected by the division following a competitive process
located] NOT MORE THAN ONE VENDOR TRACK LOCATED IN THE TOWN OF THOMPSON
in Sullivan county AT THE SITE OF THE FORMER CONCORD RESORT at which a
qualified capital investment has been made and no fewer than one thou-
sand full-time, permanent employees have been newly hired, is located in
Sullivan county and is within sixty miles from any gaming facility in a
contiguous state, then for a period of forty years the vendor's fee
shall equal the total revenue wagered at the vendor track after payout
of prizes pursuant to this subdivision reduced by the greater of (i)
twenty-five percent of total revenue after payout for prizes for "video
lottery games" or (ii) for the first eight years of operation thirty-
eight million dollars, and beginning in the ninth year of operation such
amount shall increase annually by the lesser of the increase in the
consumer price index or two percent, plus seven percent of total revenue
after payout of prizes. In addition, in the event the vendor fee is
calculated pursuant to subclause (i) of this clause, the vendor's fee
shall be further reduced by 11.11 percent of the amount by which total
revenue after payout for prizes exceeds two hundred fifteen million
dollars, but in no event shall such reduction exceed five million
dollars. PROVIDED, FURTHER, NO VENDOR IS ELIGIBLE FOR THE VENDOR'S FEE
DESCRIBED IN THIS CLAUSE WHO OPERATES OR INVESTS IN OR OWNS, IN WHOLE OR
IN PART, ANOTHER VENDOR LICENSE OR IS LICENSED AS A VENDOR TRACK THAT
CURRENTLY RECEIVES A VENDOR FEE FOR THE OPERATION OF VIDEO LOTTERY
GAMING PURSUANT TO THIS ARTICLE.
S 12. The second clause (G) of subparagraph (ii) of paragraph 1 of
subdivision b of section 1612 of the tax law, as amended by section 42
of a chapter of the laws of 2013 amending the racing, pari-mutuel wager-
ing and breeding law and other laws relating to commercial gaming, as
proposed in legislative bill numbers S. 5883 and A. 8101, is REPEALED.
S 13. Clause (G-1) of subparagraph (ii) of paragraph 1 of subdivision
b of section 1612 of the tax law, as amended by section 42 of a chapter
of the laws of 2013 amending the racing, pari-mutuel wagering and breed-
ing law and other laws relating to commercial gaming, as proposed in
legislative bill numbers S. 5883 and A. 8101, is REPEALED.
S 14. Paragraph 2 of subdivision b of section 1612 of the tax law, as
amended by section 42 of a chapter of the laws of 2013 amending the
racing, pari-mutuel wagering and breeding law and other laws relating to
commercial gaming, as proposed in legislative bill numbers S. 5883 and
A. 8101, is amended to read as follows:
2. As consideration for the operation of a video lottery gaming facil-
ity, the division, shall cause the investment in the racing industry of
a portion of the vendor fee received pursuant to paragraph one of this
subdivision in the manner set forth in this subdivision. With the
exception of Aqueduct racetrack AND A FACILITY LOCATED IN NASSAU COUNTY
AUTHORIZED PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION A OF SECTION ONE
THOUSAND SIX HUNDRED SEVENTEEN-A OF THIS ARTICLE, each such track shall
dedicate a portion of its vendor fees, received pursuant to clause (A),
S. 5904 8 A. 8112
(B), (C), (D), (E), (F), or (G) of subparagraph (ii) of paragraph one of
this subdivision, solely for the purpose of enhancing purses at such
track, in an amount equal to eight and three-quarters percent of the
total revenue wagered at the vendor track after pay out for prizes. One
percent of such purse enhancement amount shall be paid to the gaming
commission to be used exclusively to promote and ensure equine health
and safety in New York. Any portion of such funding to the gaming
commission unused during a fiscal year shall be returned to the video
lottery gaming operators on a pro rata basis in accordance with the
amounts originally contributed by each operator and shall be used for
the purpose of enhancing purses at such track. In addition, with the
exception of Aqueduct racetrack AND A FACILITY LOCATED IN NASSAU COUNTY
AUTHORIZED PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION A OF SECTION ONE
THOUSAND SIX HUNDRED SEVENTEEN-A OF THIS ARTICLE, one and one-quarter
percent of total revenue wagered at the vendor track after pay out for
prizes, received pursuant to clause (A), (B), (C), (D), (E), (F), or (G)
of subparagraph (ii) of paragraph one of this subdivision, shall be
distributed to the appropriate breeding fund for the manner of racing
conducted by such track.
Provided, further, that nothing in this paragraph shall prevent each
track from entering into an agreement, not to exceed five years, with
the organization authorized to represent its horsemen to increase or
decrease the portion of its vendor fee dedicated to enhancing purses at
such track during the years of participation by such track, or to race
fewer dates than required herein.
S 15. Subdivision (f-2) of section 1612 of the tax law, as added by
section 42 of a chapter of the laws of 2013 amending the racing, pari-
mutuel wagering and breeding law and other laws relating to commercial
gaming, as proposed in legislative bill numbers S. 5883 and A. 8101, is
amended to read as follows:
[(f-2)] F-2. As consideration for operation of a video lottery gaming
facility located in the county of Nassau established pursuant to a
competitive process pursuant to paragraph [(5)] FIVE OF SUBDIVISION A of
section [six] ONE thousand [seventeen a] SIX HUNDRED SEVENTEEN-A of this
article, the division shall cause the INVESTMENT in the racing industry
of the following percentages of the vendor fee to be deposited or paid
as follows:
[(1)] 1. Two and three tenths percent of the total wagered after
payout of prizes for the purpose of enhancing purses at Aqueduct race-
track, Belmont Park racetrack and Saratoga race course, provided, howev-
er, that any amount that is in excess of the amount necessary to main-
tain purse support from video lottery gaming at Aqueduct racetrack,
Belmont Park racetrack and Saratoga race course at the same level real-
ized [in] in two thousand thirteen, to be adjusted by the consumer price
index for all urban consumers, as published annually by the United
States department of LABOR, bureau of labor statistics, shall [be]
instead be returned to the commission.
[(2)] 2. five tenths percent of the total wagered after payout of
prizes for the appropriate breeding fund for the manner of racing at
Aqueduct racetrack, Belmont Park racetrack and Saratoga race course,
provided, however, that any amount that is in excess of the amount
necessary to maintain payments from video lottery gaming at Aqueduct
racetrack at the same level realized [in] in two thousand thirteen, to
be adjusted by the consumer price index for all urban consumers, as
published annually by the United States department of LABOR, bureau of
labor statistics, shall [be] instead be returned to the commission.
S. 5904 9 A. 8112
[(3)] 3. one and three tenths percent of the total revenue wagered
after payout of prizes to be deposited into an account of the franchised
corporation established pursuant to section two hundred six of the
racing, pari-mutuel wagering and breeding law to be used for capital
expenditures in maintaining and upgrading Aqueduct racetrack, Belmont
Park racetrack and Saratoga race course, provided, however, that any
amount that is in excess of the amount necessary to maintain payments
for capital expenditures from video lottery gaming at Aqueduct racetrack
at the same level realized [in] in two thousand thirteen, to be adjusted
by the consumer price index for all urban consumers, as published annu-
ally by the United States department of LABOR, bureau of labor statis-
tics, shall [be] instead be returned to the commission.
[(4)] 4. Nine tenths percent of the total revenue wagered after payout
for prizes to be deposited into an account of the franchised corporation
established pursuant to section two hundred six of the racing, pari-mu-
tuel wagering and breeding law to be used for general thoroughbred
racing operations at Aqueduct racetrack, Belmont Park racetrack and
Saratoga race course, provided, however, that any amount that is in
excess of the amount necessary to maintain payments for general
thoroughbred racing operations from video lottery gaming at Aqueduct
racetrack at the same level realized [in] in two thousand thirteen, to
be adjusted by the consumer price index for all urban consumers, as
published annually by the United States department of LABOR, bureau of
labor statistics, shall [be] instead be returned to the commission.
S 16. Subdivision 6 of section 1340 of the racing, pari-mutuel wager-
ing and breeding law, as added by section 2 of a chapter of the laws of
2013 amending the racing, pari-mutuel wagering and breeding law and
other laws relating to commercial gaming, as proposed in legislative
bill numbers S. 5883 and A. 8101, is amended to read as follows:
6. Notwithstanding any provision of law to the contrary, any manufac-
turer or wholesaler licensed under the alcoholic beverage control law
may, as authorized under the alcoholic beverage control law, sell alco-
holic beverages to a gaming facility holding a retail license or permit
to sell alcoholic beverages for consumption on the premises issued under
this section, and any gaming facility holding a retail license or permit
to sell alcoholic beverages FOR CONSUMPTION ON THE PREMISES issued under
this section may, as authorized under the alcoholic beverage control
law, purchase alcoholic beverages from a manufacturer or wholesaler
licensed under the alcoholic beverage control law.
S 17. Paragraph 3 of subdivision a of section 1617-a of the tax law,
as amended by section 32 of a chapter of the laws of 2013 amending the
racing, pari-mutuel wagering and breeding law and other laws relating to
commercial gaming, as proposed in legislative bill numbers S. 5883 and
A. 8101, is amended to read as follows:
(3) at [facilities] ONE FACILITY PER REGION established, pursuant to a
competitive process to be determined by the state gaming commission
within regions one, two, and five of zone two as established by section
one thousand three hundred ten of the racing, pari-mutuel wagering and
breeding law following local governmental consultation and consideration
of market factors including potential revenue impact, anticipated job
development and capital investment to be made. The facilities authorized
pursuant to this paragraph shall be deemed vendors for all purposes
under this article, and need not be operated by licensed thoroughbred or
harness racing associations or corporations.
S 18. Clause (G-1) of subparagraph (ii) of paragraph 1 of subdivision
b of section 1612 of the tax law, as added by section 40 of a chapter of
S. 5904 10 A. 8112
the laws of 2013 amending the racing, pari-mutuel wagering and breeding
law and other laws relating to commercial gaming, as proposed in legis-
lative bill numbers S. 5883 and A. 8101, is amended to read as follows:
(G-1) Notwithstanding clause (A) and (B) of this subparagraph, when a
video lottery gaming facility is located in either the county of Nassau
or Suffolk and is operated by a corporation established pursuant to
section five hundred two of the racing, pari-mutuel wagering and breed-
ing law at a rate of thirty-five percent of the total revenue wagered at
the vendor [track] after payout for prizes pursuant to this chapter;
S 19. Clause (G-2) of subparagraph (ii) of paragraph 1 of subdivision
b of section 1612 of the tax law, as added by section 42 of a chapter of
the laws of 2013 amending the racing, pari-mutuel wagering and breeding
law and other laws relating to commercial gaming, as proposed in legis-
lative bill numbers S. 5883 and A. 8101, are amended to read as follows:
(G-2) Notwithstanding clause (A) and (B) of this subparagraph, when a
video lottery gaming facility is located in the county of Nassau estab-
lished pursuant to a competitive process pursuant to paragraph [(5)]
FIVE OF SUBDIVISION A of section [six] ONE thousand SIX HUNDRED seven-
teen-a of this article at a rate of thirty-five percent of the total
revenue wagered at the vendor [track] after payout for prizes pursuant
to this chapter;
S 20. Subdivision 1 of section 1311 of the racing, pari-mutuel wager-
ing and breeding law, as added by section 2 of a chapter of the laws of
2013 amending the racing, pari-mutuel wagering and breeding law and
other laws relating to commercial gaming, as proposed in legislative
bill numbers S. 5883 and A. 8101, is amended to read as follows:
1. The commission is authorized to award up to four gaming facility
licenses, in regions one, two and five of zone two. The duration of such
initial license shall be ten years. The term of renewal shall be deter-
mined by the commission. The commission may award a second license to a
qualified applicant in no more than a single region. The commission is
not empowered to award any license in zone one. No gaming facilities are
authorized under this article for the city of New York or any other
portion of zone one.
As a condition of licensure, licensees are required to commence gaming
operations no [less] MORE than twenty-four months following license
award. No additional licenses may be awarded during the twenty-four
month period, nor for an additional sixty months following the end of
the twenty-four month period. Should the state legislatively authorize
additional gaming facility licenses within these periods, licensees
shall have the right to recover the license fee paid pursuant to section
one thousand three hundred six of this article.
This right shall be incorporated into the license itself, vest upon
the opening of a gaming facility in zone one or in the same region as
the licensee and entitle the holder of such license to bring an action
in the court of claims to recover the license fee paid pursuant to
section one thousand three hundred fifteen of this article in the event
that any gaming facility license in excess of the number authorized by
this section as of the effective date of this section is awarded within
seven years from the date that the initial gaming facility license is
awarded. This right to recover any such fee shall be proportionate to
the length of the respective period that is still remaining upon the
vesting of such right.
Additionally, the right to bring an action in the court of claims to
recover the fee paid to the state on the twenty-fourth day of September,
two thousand ten, by the operator of a video lottery gaming facility in
S. 5904 11 A. 8112
a city of more than one million shall vest with such operator upon the
opening of any gaming facility licensed by the commission in zone one
within seven years from the date that the initial gaming facility
license is awarded; provided however that the amount recoverable shall
be limited to the pro rata amount of the time remaining until the end of
the seven year exclusivity period, proportionate to the period of time
between the date of opening of the video lottery facility until the
conclusion of the seven year period.
S 21. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2013 amending the racing, pari-mutuel
wagering and breeding law and other laws relating to commercial gaming,
as proposed in legislative bill numbers S. 5883 and A. 8101, takes
effect.