S T A T E   O F   N E W   Y O R K
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                                   8167
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation  to  regulation  and  sale  of alcoholic beverages at certain
   tribal casinos
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1340 of the racing, pari-mutuel wagering and breed-
 ing law, as added by chapter 174 and subdivision 6 as amended by chapter
 175 of the laws of 2013, is amended to read as follows:
   § 1340. Alcoholic beverages. 1. Notwithstanding any law to the contra-
 ry,  the  authority  to grant any license or permit for, or to permit or
 prohibit the presence of, alcoholic beverages in, on, or about any prem-
 ises licensed BY THE COMMISSION as part of a gaming facility, OR IN, ON,
 OR ABOUT ANY INDIAN GAMING FACILITY, shall exclusively be vested in  the
 commission.   AS USED IN THIS SECTION, THE TERM "INDIAN GAMING FACILITY"
 SHALL MEAN A PREMISES DULY AUTHORIZED BY A TRIBAL  GAMING  AUTHORITY  TO
 CONDUCT  CLASS  II  GAMING, CLASS III GAMING, OR BOTH, AS SUCH TERMS ARE
 DEFINED IN 25 USC 2703, PURSUANT TO THE INDIAN GAMING REGULATORY ACT  OF
 1988,  WHICH  INCLUDES  A GAMING AREA OR AREAS, AND ANY OTHER NON-GAMING
 STRUCTURE RELATED TO THE GAMING AREA AS AN AMENITY,  INCLUDING  BUT  NOT
 LIMITED  TO HOTELS, RESTAURANTS, GOLF COURSES, GOLF CLUBHOUSES AND OTHER
 AMENITIES, WHERE SUCH PREMISES IS LICENSED AND REGULATED  BY  AN  INDIAN
 TRIBE  THAT  HAS  ELECTED  COMMISSION  OVERSIGHT PURSUANT TO SUBDIVISION
 ONE-A OF THIS SECTION. THIS SECTION SHALL NOT BE CONSTRUED TO  APPLY  TO
 ANY  PROVISION  OF  NEW  YORK LAW OTHER THAN THIS SECTION, TO ANY INDIAN
 GAMING FACILITY THAT WOULD NOT OTHERWISE  APPLY  TO  THE  INDIAN  GAMING
 FACILITY  ABSENT  THIS SECTION, OR TO APPLY TO THIS SECTION TO ANY PREM-
 ISES LICENSED AND REGULATED BY AN INDIAN TRIBE THAT HAS NOT  ELECTED  TO
 BE  TREATED  AS  AN  INDIAN GAMING FACILITY FOR PURPOSES OF THIS SECTION
 PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13087-01-9

 A. 8167                             2
 
   1-A. AN INDIAN TRIBE MAY ELECT FOR THE STATE  TO  TREAT  ALL  PREMISES
 AUTHORIZED  BY  SUCH TRIBE'S TRIBAL GAMING AUTHORITY TO CONDUCT CLASS II
 GAMING, CLASS III GAMING, OR BOTH, AS AN INDIAN GAMING FACILITY FOR  THE
 PURPOSES  OF  LICENSURE  AND REGULATION UNDER THIS SECTION, BY NOTIFYING
 THE  COMMISSION AND THE STATE LIQUOR AUTHORITY, IN WRITING, WITHIN SIXTY
 DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THAT IT  ELECTS  COMMIS-
 SION  OVERSIGHT PURSUANT TO THE PROVISIONS OF THIS SECTION. UPON RECEIPT
 OF NOTICE BY THE COMMISSION THAT A TRIBE HAS MADE SUCH AN ELECTION UNDER
 THIS SUBDIVISION, ANY PREMISES AUTHORIZED BY SUCH TRIBE'S TRIBAL  GAMING
 AUTHORITY  TO  CONDUCT CLASS II GAMING, CLASS III GAMING, OR BOTH, SHALL
 BE CONSIDERED AN INDIAN GAMING FACILITY, AS DEFINED IN  SUBDIVISION  ONE
 OF  THIS SECTION, FOR PURPOSES OF THIS SECTION, AND THE COMMISSION SHALL
 ASSUME JURISDICTION OVER ALL ALCOHOLIC  BEVERAGE  LICENSES  AND  PERMITS
 PREVIOUSLY  ISSUED  WITH  RESPECT TO ANY INDIAN GAMING FACILITY LICENSED
 AND REGULATED BY THAT TRIBE  PURSUANT  TO  SUBDIVISION  ELEVEN  OF  THIS
 SECTION.  AS  A  CONDITION  OF ELECTING COMMISSION OVERSIGHT PURSUANT TO
 THIS SECTION, AN INDIAN GAMING FACILITY SHALL EXPRESSLY COMMIT IN  WRIT-
 ING  TO FOLLOW THE REQUIREMENTS IMPOSED UNDER THIS SECTION, TO ADHERE TO
 THE REGULATIONS PROMULGATED BY THE COMMISSION PURSUANT TO THIS  SECTION,
 AND  TO SUBMIT TO THE COMMISSION'S ENFORCEMENT OF THIS SECTION AND REGU-
 LATIONS PROMULGATED THEREUNDER INCLUDING  BY  WAIVING  TRIBAL  SOVEREIGN
 IMMUNITY  FOR  THE  SOLE AND LIMITED PURPOSE OF SUCH ENFORCEMENT OF THIS
 SECTION. AN INDIAN GAMING FACILITY THAT DOES NOT ELECT COMMISSION  OVER-
 SIGHT  IN  ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION SHALL REMAIN
 SUBJECT TO ANY OTHER APPLICABLE STATE LAW GOVERNING  THE  LICENSURE  AND
 REGULATION  OF  ALCOHOLIC  BEVERAGES  IN, ON, OR ABOUT THE INDIAN GAMING
 FACILITY.
   2. Unless otherwise stated, and except  where  inconsistent  with  the
 purpose  or  intent of this article or the common understanding of usage
 thereof, definitions contained in the  alcoholic  beverage  control  law
 shall  apply  to  this  section.  Any definition contained therein shall
 apply to the same word in any form.
   3. Notwithstanding any provision of the alcoholic beverage control law
 to the contrary, the commission shall have  the  functions,  powers  and
 duties  of the state liquor authority but only with respect to the issu-
 ance, renewal, transfer,  suspension  and  revocation  of  licenses  and
 permits  for  the  sale  of alcoholic beverages at retail for on-premise
 consumption by any holder of a gaming facility  license  issued  by  the
 commission,  OR FOR ON-PREMISES CONSUMPTION AT ANY INDIAN GAMING FACILI-
 TY, including, without limitation, the power to fine or penalize a casi-
 no OR INDIAN GAMING FACILITY alcoholic beverage licensee  or  permittee;
 to  enforce all statutes, laws, rulings, or regulations relating to such
 license or permit; and to collect license and permit fees and  establish
 application standards therefor.
   4. Except as otherwise provided in this section, the provisions of the
 alcoholic  beverage  control  law and the rules, regulations, bulletins,
 orders, and advisories promulgated by the state liquor  authority  shall
 apply to any gaming facility OR INDIAN GAMING FACILITY holding a license
 or permit to sell alcoholic beverages under this section.
   5.  Notwithstanding  any provision to the contrary, the commission may
 promulgate any regulations and special rulings and findings  as  may  be
 necessary  for  the proper enforcement, regulation, and control of alco-
 holic beverages in gaming facilities AND INDIAN GAMING  FACILITIES  when
 the  commission  finds that the uniqueness of gaming facility AND INDIAN
 GAMING FACILITY operations and the public  interest  require  that  such
 regulations, rulings, and findings are appropriate.

 A. 8167                             3
 
   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 OR INDIAN 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 OR INDI-
 AN 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 alco-
 holic beverages from a manufacturer or  wholesaler  licensed  under  the
 alcoholic beverage control law.
   7.  It shall be unlawful for any person, including any gaming facility
 OR INDIAN GAMING FACILITY licensee,  or  any  of  [its]  THEIR  lessees,
 agents or employees, to expose for sale, solicit or promote the sale of,
 possess with intent to sell, sell, give, dispense, or otherwise transfer
 or  dispose  of  alcoholic beverages in, on, or about any portion of the
 premises of a gaming facility OR INDIAN  GAMING  FACILITY,  unless  said
 person possesses a license or permit issued under this section.
   8.  It shall be unlawful for any person holding a license or permit to
 sell alcoholic beverages under this section to  expose,  possess,  sell,
 give,  dispense,  transfer, or otherwise dispose of alcoholic beverages,
 other than within the terms and conditions of such  license  or  permit,
 the  provisions  of  the  alcoholic  beverage control law, the rules and
 regulations promulgated by the state liquor authority, and, when  appli-
 cable,  the  regulations promulgated pursuant to this article.  Notwith-
 standing any other provision of law to the  contrary  the  holder  of  a
 license or permit issued under this section may be authorized to provide
 complimentary  alcoholic  beverages  under  regulations  issued  by  the
 commission.
   9. In issuing a casino OR INDIAN GAMING  FACILITY  alcoholic  beverage
 license  or  permit,  the  commission  shall  describe  the scope of the
 particular license or permit, and the restrictions and limitations ther-
 eon as it deems necessary and  reasonable.  The  commission  may,  in  a
 single  casino  OR  INDIAN  GAMING  FACILITY alcoholic beverage license,
 permit the holder of such a license or permit to perform any or  all  of
 the  following  activities,  subject to applicable laws, rules and regu-
 lations:
   (a) To sell any alcoholic beverage by the glass or other open recepta-
 cle including, but not limited to, an original container, for on-premise
 consumption within a facility;  provided,  however,  that  no  alcoholic
 beverage  shall be sold or given for consumption; delivered or otherwise
 brought to a patron; or consumed at a gaming table unless  so  requested
 by the patron.
   (b) To sell any alcoholic beverage by the glass or other open recepta-
 cle for on-premise consumption within a gaming facility OR INDIAN GAMING
 FACILITY.
   (c) To sell any alcoholic beverage by the glass or other open recepta-
 cle  or  in  original  containers from a room service location within an
 enclosed room not in  a  gaming  facility  OR  INDIAN  GAMING  FACILITY;
 provided,  however,  that  any  sale of alcoholic beverages is delivered
 only to a guest room or to any other room  in  the  gaming  facility  OR
 INDIAN GAMING FACILITY authorized by the commission.
   (d)  To possess or to store alcoholic beverages in original containers
 intended but not actually exposed for sale at  a  fixed  location  on  a
 gaming  facility  OR  INDIAN  GAMING  FACILITY premises, not in a gaming
 facility OR INDIAN GAMING FACILITY; and  to  transfer  or  deliver  such

 A. 8167                             4
 
 alcoholic  beverages  only  to  a  location  approved  pursuant  to this
 section; provided, however, that no access to or from a storage location
 shall be permitted except  during  the  normal  course  of  business  by
 employees  or agents of the licensee, or by licensed employees or agents
 of wholesalers or distributors licensed pursuant to the alcoholic bever-
 age control law and any applicable rules and regulations;  and  provided
 further,  however,  that no provision of this section shall be construed
 to prohibit a casino OR INDIAN GAMING FACILITY alcoholic beverage licen-
 see from obtaining an off-site storage license  from  the  state  liquor
 authority.
   10.  The  commission may revoke, suspend, refuse to renew or refuse to
 transfer any casino OR INDIAN GAMING FACILITY alcoholic beverage license
 or permit, and may fine or penalize the holder of any alcoholic beverage
 license or permit issued  under  this  section  for  violations  of  any
 provision  of  the  alcoholic  beverage control law, the rules and regu-
 lations promulgated by the state liquor authority, and  the  regulations
 promulgated by the commission.
   11.  Jurisdiction  over  all  alcoholic  beverage licenses and permits
 previously issued with respect to the gaming facility OR  INDIAN  GAMING
 FACILITY  is  hereby  vested  in the commission, which in its discretion
 [may] SHALL by regulation, RULE, OR  POLICY  PROMPTLY  provide  for  the
 conversion  thereof  into  a  casino OR INDIAN GAMING FACILITY alcoholic
 beverage license or permit as provided in this section.    THIS  SECTION
 SHALL  NOT  BE CONSTRUED TO AFFECT THE VALIDITY OF ANY EXISTING LICENSES
 AND PERMITS PREVIOUSLY ISSUED TO AN INDIAN GAMING FACILITY BY THE  STATE
 LIQUOR  AUTHORITY,  OR THE CONTINUATION OF ANY ADMINISTRATIVE ACTIONS OR
 PROCEEDINGS COMMENCED BY THE STATE LIQUOR AUTHORITY PRIOR TO THE  EFFEC-
 TIVE  DATE OF THE CHAPTER OF THE LAWS OF 2019 THAT AMENDED THIS SECTION.
 ANY SUCH LICENSE OR PERMIT PREVIOUSLY ISSUED TO AN INDIAN GAMING FACILI-
 TY BY THE STATE LIQUOR AUTHORITY SHALL REMAIN VALID UNTIL THE DATE  THAT
 SUCH  LICENSE  OR  PERMIT IS DULY CONVERTED PURSUANT TO THIS SUBDIVISION
 INTO A LICENSE OR PERMIT ISSUED BY THE COMMISSION,  AND  THE  COMMISSION
 SHALL  ASSUME  EXCLUSIVE  JURISDICTION  OVER  ANY SUCH PREVIOUSLY ISSUED
 LICENSE OR PERMIT, AND OVER ANY SUCH PREVIOUSLY COMMENCED ADMINISTRATIVE
 ACTIONS OR PROCEEDINGS.
   12. (a) Prior to issuing any license under this section,  the  commis-
 sion, or its designee, shall consult with the state liquor authority, or
 its  designee, to confirm that such application and such gaming facility
 OR INDIAN GAMING FACILITY conforms with all applicable provisions of the
 alcoholic beverage control law, and all applicable  rules,  regulations,
 bulletins, orders and advisories promulgated by the state liquor author-
 ity;
   (b) Prior to commencing enforcement actions against any gaming facili-
 ty  OR  INDIAN  GAMING FACILITY licensed under this section, the commis-
 sion, or its designee, shall consult with the state liquor authority, or
 its  designee,  with  respect  to  the  application  of  the  applicable
 provisions  of  the  alcoholic  beverage control law, and all applicable
 rules, regulations, bulletins, orders and advisories promulgated by  the
 state liquor authority on the alleged conduct of such licensee; and
   (c)  The  commission,  or  its  designee, shall consult with the state
 liquor authority, or its designee, on a regular basis, but no less  than
 once every three months, regarding any pending applications and enforce-
 ment matters.
   § 2. This act shall take effect immediately.