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