N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1321-a
License authorization; restrictions
Redline — January 1, 2023 → current.View current text →
Current — January 1, 2024
As of January 1, 2023
§ 1321-a. License authorization; restrictions. 1. The commission is\nauthorized to award up to three additional gaming facility licenses. The\nduration of such initial license and the term of renewal shall be\ndetermined by the commission; provided however, that such initial\nlicense term shall be no less than ten years but no more than thirty\nyears based on the proposed total investment of the applicant's project.\n 2. If any of the three additional gaming facility licenses are awarded\nto an entity that was licensed for video lottery gaming pursuant to\nsection sixteen hundred seventeen-a of the tax law as of January first\ntwo thousand twenty-two, the education aid for the state resulting from\ntaxes imposed pursuant to subdivision one-a of section thirteen hundred\nfifty-one of this article on the gaming facility operations of any such\nentity in a given state fiscal year shall be no less than the total of\neducation aid deposits into the state lottery fund from the video\nlottery gaming operations of such entity for the full twelve month\nperiod immediately preceding its opening date as a gaming facility,\nprovided however, that the twelve month period education aid total shall\nnot be less than the education aid total from the video lottery gaming\noperations of such entity for state fiscal year two thousand twenty-two.\nShould the education aid for the state resulting from taxes imposed\npursuant to subdivision one-a of section thirteen hundred fifty-one of\nthis article on the gaming facility operations of such entity at the\nconclusion of a given state fiscal year be less than the total required\nunder this subdivision, such entity shall remit the necessary payment to\nthe commission for deposit into the commercial gaming revenue fund no\nlater than the next occurring May first. Notwithstanding section\nninety-seven-nnnn of the state finance law, such payment into the\ncommercial gaming revenue fund shall be available only for elementary\nand secondary education. For the purposes of this section, video lottery\ngaming operations of an entity shall include any hosted video lottery\ndevices.\n 3. Notwithstanding the foregoing, no casino gaming facility shall be\nauthorized:\n (a) in the counties of Clinton, Essex, Franklin, Hamilton, Jefferson,\nLewis, Saint Lawrence and Warren;\n (b) within the following area: (1) to the east, State Route 14 from\nSodus Point to the Pennsylvania border with New York; (2) to the north,\nthe border between New York and Canada; (3) to the south, the\nPennsylvania border with New York; and (4) to the west, the border\nbetween New York and Canada and the border between Pennsylvania and New\nYork; and\n (c) in the counties of Cayuga, Chenango, Cortland, Herkimer, Lewis,\nMadison, Oneida, Onondaga, Oswego and Otsego.\n
§ 1321-a. License authorization; restrictions. 1. The commission is\nauthorized to award up to three additional gaming facility licenses. The\nduration of such initial license and the term of renewal shall be\ndetermined by the commission; provided however, that such initial\nlicense term shall be no less than ten years but no more than thirty\nyears based on the proposed total investment of the applicant's project.\n 2. If any of the three additional gaming facility licenses are awarded\nto an entity that was licensed for video lottery gaming pursuant to\nsection sixteen hundred seventeen-a of the tax law as of January first\ntwo thousand twenty-two, a hold harmless provision shall apply. For the\npurposes of this section, video lottery gaming operations of an entity\nshall include any hosted video lottery devices.\n 3. Notwithstanding the foregoing, no casino gaming facility shall be\nauthorized:\n (a) in the counties of Clinton, Essex, Franklin, Hamilton, Jefferson,\nLewis, Saint Lawrence and Warren;\n (b) within the following area: (1) to the east, State Route 14 from\nSodus Point to the Pennsylvania border with New York; (2) to the north,\nthe border between New York and Canada; (3) to the south, the\nPennsylvania border with New York; and (4) to the west, the border\nbetween New York and Canada and the border between Pennsylvania and New\nYork; and\n (c) in the counties of Cayuga, Chenango, Cortland, Herkimer, Lewis,\nMadison, Oneida, Onondaga, Oswego and Otsego.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.