N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1311: License authorization; restrictions

§ 1311. License authorization; restrictions. 1. The commission is

authorized to award up to four gaming facility licenses, in regions one,

two and five of zone two. The duration of such initial license shall be

ten years. The term of renewal shall be determined by the commission.

The commission may award a second license to a qualified applicant in no

more than a single region. The commission is not empowered to award any

license nor are any gaming facilities authorized under this title for

the city of New York or any other portion of zone one.

As a condition of licensure, licensees are required to commence gaming

operations no more than twenty-four months following license award. No

additional licenses may be awarded during the twenty-four month period,

nor for an additional sixty months following the end of the twenty-four

month period. Should the state legislatively authorize additional gaming

facility licenses within these periods, licensees shall have the right

to recover the license fee paid pursuant to section one thousand three

hundred six of this article.

This right shall be incorporated into the license itself, vest upon

the opening of a gaming facility in zone one or in the same region as

the licensee and entitle the holder of such license to bring an action

in the court of claims to recover the license fee paid pursuant to

section one thousand three hundred fifteen of this title in the event

that any gaming facility license in excess of the number authorized by

this section as of the effective date of this section is awarded within

seven years from the date that the initial gaming facility license is

awarded. This right to recover any such fee shall be proportionate to

the length of the respective period that is still remaining upon the

vesting of such right.

Additionally, the right to bring an action in the court of claims to

recover the fee paid to the state on the twenty-fourth day of September,

two thousand ten, by the operator of a video lottery gaming facility in

a city of more than one million shall vest with such operator upon the

opening of any gaming facility licensed by the commission in zone one

within seven years from the date that the initial gaming facility

license is awarded; provided however that the amount recoverable shall

be limited to the pro rata amount of the time remaining until the end of

the seven year exclusivity period, proportionate to the period of time

between the date of opening of the video lottery facility until the

conclusion of the seven year period.

2. 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.

3. As a condition for continued licensure, licensees shall be required

to house upon the physical premises of the licensed gaming facility,

upon request, a mobile sports wagering platform provider's server or

other equipment used for receiving mobile sports wagers pursuant to

section 1367-a of this article; provided however, that such licensee

shall be entitled to the reasonable and actual costs, as determined by

the gaming commission, of physically housing and securing such server or

other equipment used for receiving mobile sports wagers at such

licensee's licensed gaming facility; and provided further, for the

duration of the initial license term, a mobile sports wagering platform

provider shall pay two and one-half million dollars per year. Each

gaming facility licensed under title two of this article shall receive

five million dollars per year, which shall be paid no later than May

first of each year.