S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6271
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced  by Sens. ADDABBO, KENNEDY -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Racing,  Gaming
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13087-01-9
              

 S. 6271                             2
 
 BE TREATED AS AN INDIAN GAMING FACILITY FOR  PURPOSES  OF  THIS  SECTION
 PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION.
   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

 S. 6271                             3
 
 GAMING FACILITY operations and the public  interest  require  that  such
 regulations, rulings, and findings are appropriate.
   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

 S. 6271                             4
 
 gaming facility OR INDIAN GAMING FACILITY  premises,  not  in  a  gaming
 facility  OR  INDIAN  GAMING  FACILITY;  and to transfer or deliver such
 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.