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This entry was published on 2016-08-05
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SECTION 1400
Legislative findings and purpose
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 14
§ 1400. Legislative findings and purpose. 1. The legislature hereby
finds and declares that:

(a) Interactive fantasy sports are not games of chance because they
consist of fantasy or simulation sports games or contests in which the
fantasy or simulation sports teams are selected based upon the skill and
knowledge of the participants and not based on the current membership of
an actual team that is a member of an amateur or professional sports
organization;

(b) Interactive fantasy sports contests are not wagers on future
contingent events not under the contestants' control or influence
because contestants have control over which players they choose and the
outcome of each contest is not dependent upon the performance of any one
player or any one actual team. The outcome of any fantasy sports contest
does not correspond to the outcome of any one sporting event. Instead,
the outcome depends on how the performances of participants' fantasy
roster choices compare to the performance of others' roster choices.

2. Based on the findings in subdivision one of this section, the
legislature declares that interactive fantasy sports do not constitute
gambling in New York state as defined in article two hundred twenty-five
of the penal law.

3. The legislature further finds that as the internet has become an
integral part of society, and interactive fantasy sports a major form of
entertainment for many consumers, any interactive fantasy sports
enforcement and regulatory structure must begin from the bedrock premise
that participation in a lawful and licensed interactive fantasy sports
industry is a privilege and not a right, and that regulatory oversight
is intended to safeguard the integrity of the games and participants and
to ensure accountability and the public trust.