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This entry was published on 2022-04-22
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SECTION 1321-A
License authorization; restrictions
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 2-A
§ 1321-a. License authorization; restrictions. 1. The commission is
authorized to award up to three additional gaming facility licenses. The
duration of such initial license and the term of renewal shall be
determined by the commission; provided however, that such initial
license term shall be no less than ten years but no more than thirty
years based on the proposed total investment of the applicant's project.

2. If any of the three additional gaming facility licenses are awarded
to an entity that was licensed for video lottery gaming pursuant to
section sixteen hundred seventeen-a of the tax law as of January first
two thousand twenty-two, the education aid for the state resulting from
taxes imposed pursuant to subdivision one-a of section thirteen hundred
fifty-one of this article on the gaming facility operations of any such
entity in a given state fiscal year shall be no less than the total of
education aid deposits into the state lottery fund from the video
lottery gaming operations of such entity for the full twelve month
period immediately preceding its opening date as a gaming facility,
provided however, that the twelve month period education aid total shall
not be less than the education aid total from the video lottery gaming
operations of such entity for state fiscal year two thousand twenty-two.
Should the education aid for the state resulting from taxes imposed
pursuant to subdivision one-a of section thirteen hundred fifty-one of
this article on the gaming facility operations of such entity at the
conclusion of a given state fiscal year be less than the total required
under this subdivision, such entity shall remit the necessary payment to
the commission for deposit into the commercial gaming revenue fund no
later than the next occurring May first. Notwithstanding section
ninety-seven-nnnn of the state finance law, such payment into the
commercial gaming revenue fund shall be available only for elementary
and secondary education. For the purposes of this section, video lottery
gaming operations of an entity shall include any hosted video lottery
devices.

3. Notwithstanding the foregoing, no casino gaming facility shall be
authorized:

(a) in the counties of Clinton, Essex, Franklin, Hamilton, Jefferson,
Lewis, Saint Lawrence and Warren;

(b) within the following area: (1) to the east, State Route 14 from
Sodus Point to the Pennsylvania border with New York; (2) to the north,
the border between New York and Canada; (3) to the south, the
Pennsylvania border with New York; and (4) to the west, the border
between New York and Canada and the border between Pennsylvania and New
York; and

(c) in the counties of Cayuga, Chenango, Cortland, Herkimer, Lewis,
Madison, Oneida, Onondaga, Oswego and Otsego.