S T A T E O F N E W Y O R K
________________________________________________________________________
9022
I N A S S E M B L Y
January 21, 2022
___________
Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COOK --
read once and referred to the Committee on Racing and Wagering
AN ACT to amend the alcoholic beverage control law, in relation to
certain recreational contests in establishments with licenses to sell
alcoholic beverages for consumption on premise
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that allowing
recreational games such as playing cards, penny poker, cribbage and
dominoes be permitted in establishments, licensed by the state liquor
authority to serve alcoholic beverages, will offer mutual benefits for
both the consumer and the establishment. Allowing for these activities
to be conducted in establishments such as the local tavern or pub would
provide a place for individuals like senior citizens to recreate. This
legislation would further stimulate business within these establish-
ments. Nevertheless, both employer and employee of such establishment
would be prohibited from profiting from any such games so authorized
pursuant to this legislation.
§ 2. The alcoholic beverage control law is amended by adding a new
section 132 to read as follows:
§ 132. RECREATIONAL CONTESTS INVOLVING SKILL IN ESTABLISHMENTS WITH
LICENSES TO SELL ALCOHOLIC BEVERAGES. NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY ANY PERSON, WHO HOLDS A LICENSE TO SELL ALCOHOLIC
BEVERAGES FOR CONSUMPTION ON PREMISE PURSUANT TO THIS CHAPTER, MAY ALLOW
PLAYERS TO ENGAGE IN RECREATIONAL CONTESTS AMONGST THEMSELVES INVOLVING
CHANCE SO LONG AS SKILL IS A FACTOR AT SUCH ESTABLISHMENTS. WAGERING
AMONGST PARTICIPANTS IS PERMISSIBLE. NO PROCEEDS SHALL GO TO THE ESTAB-
LISHMENT. NO EMPLOYEE OF SUCH ESTABLISHMENT SHALL ENGAGE IN SUCH
CONTESTS. NOTHING IN THIS SECTION SHALL BE CONSIDERED UNLAWFUL FOR
PURPOSES OF ARTICLE TWO HUNDRED TWENTY-FIVE OF THE PENAL LAW NOR SHALL
IT BE CONSTRUED TO AFFECT THE EXISTING AUTHORITY OF THE GOVERNOR UNDER
THE CONSTITUTION AND THE LAWS OF THIS STATE TO PROHIBIT GAMBLING.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14183-01-1
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