N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1340: Alcoholic beverages

§ 1340. Alcoholic beverages. 1. Notwithstanding any law to the

contrary, the authority to grant any license or permit for, or to permit

or prohibit the presence of, alcoholic beverages in, on, or about any

premises licensed by the commission as part of a gaming facility, or in,

on, or about any Indian gaming facility, shall exclusively be vested in

the commission. As used in this section, the term "Indian gaming

facility" shall mean a premises duly authorized by a tribal gaming

authority to conduct class II gaming, class III gaming, or both, as such

terms are defined in 25 USC 2703, pursuant to the Indian Gaming

Regulatory Act of 1988, which includes a gaming area or areas, and any

other non-gaming structure related to the gaming area as an amenity,

including but not limited to hotels, restaurants, golf courses, golf

clubhouses and other amenities, where such premises is licensed and

regulated by an Indian tribe that has elected commission oversight

pursuant to subdivision one-a of this section. This section shall not be

construed to apply to any provision of New York law other than this

section, to any Indian gaming facility that would not otherwise apply to

the Indian gaming facility absent this section, or to apply to this

section to any premises licensed and regulated by an Indian tribe that

has not elected to be treated as an Indian gaming facility for purposes

of this section pursuant to subdivision one-a of this section.

1-a. An Indian tribe may elect for the state to treat all premises

authorized by such tribe's tribal gaming authority to conduct class II

gaming, class III gaming, or both, as an Indian gaming facility for the

purposes of licensure and regulation under this section, by notifying

the commission and the state liquor authority, in writing, within sixty

days of the effective date of this subdivision, that it elects

commission oversight pursuant to the provisions of this section. Upon

receipt of notice by the commission that a tribe has made such an

election under this subdivision, any premises authorized by such tribe's

tribal gaming authority to conduct class II gaming, class III gaming, or

both, shall be considered an Indian gaming facility, as defined in

subdivision one of this section, for purposes of this section, and the

commission shall assume jurisdiction over all alcoholic beverage

licenses and permits previously issued with respect to any Indian gaming

facility licensed and regulated by that tribe pursuant to subdivision

eleven of this section. As a condition of electing commission oversight

pursuant to this section, an Indian gaming facility shall expressly

commit in writing to follow the requirements imposed under this section,

to adhere to the regulations promulgated by the commission pursuant to

this section, and to submit to the commission's enforcement of this

section and regulations promulgated thereunder including by waiving

tribal sovereign immunity for the sole and limited purpose of such

enforcement of this section. An Indian gaming facility that does not

elect commission oversight in accordance with the requirements of this

section shall remain subject to any other applicable state law governing

the licensure and regulation of alcoholic beverages in, on, or about the

Indian gaming facility.

2. Unless otherwise stated, and except where inconsistent with the

purpose or intent of this article or the common understanding of usage

thereof, definitions contained in the alcoholic beverage control law

shall apply to this section. Any definition contained therein shall

apply to the same word in any form.

3. Notwithstanding any provision of the alcoholic beverage control law

to the contrary, the commission shall have the functions, powers and

duties of the state liquor authority but only with respect to the

issuance, renewal, transfer, suspension and revocation of licenses and

permits for the sale of alcoholic beverages at retail for on-premise

consumption by any holder of a gaming facility license issued by the

commission, or for on-premises consumption at any Indian gaming

facility, including, without limitation, the power to fine or penalize a

casino or Indian gaming facility alcoholic beverage licensee or

permittee; to enforce all statutes, laws, rulings, or regulations

relating to such license or permit; and to collect license and permit

fees and establish application standards therefor.

4. Except as otherwise provided in this section, the provisions of the

alcoholic beverage control law and the rules, regulations, bulletins,

orders, and advisories promulgated by the state liquor authority shall

apply to any gaming facility or Indian gaming facility holding a license

or permit to sell alcoholic beverages under this section.

5. Notwithstanding any provision to the contrary, the commission may

promulgate any regulations and special rulings and findings as may be

necessary for the proper enforcement, regulation, and control of

alcoholic beverages in gaming facilities and Indian gaming facilities

when the commission finds that the uniqueness of gaming facility and

Indian gaming facility operations and the public interest require that

such regulations, rulings, and findings are appropriate.

6. Notwithstanding any provision of law to the contrary, any

manufacturer or wholesaler licensed under the alcoholic beverage control

law may, as authorized under the alcoholic beverage control law, sell

alcoholic beverages to a gaming facility or Indian gaming facility

holding a retail license or permit to sell alcoholic beverages for

consumption on the premises issued under this section, and any gaming

facility or Indian gaming facility holding a retail license or permit to

sell alcoholic beverages for consumption on the premises issued under

this section may, as authorized under the alcoholic beverage control

law, purchase alcoholic beverages from a manufacturer or wholesaler

licensed under the alcoholic beverage control law.

7. It shall be unlawful for any person, including any gaming facility

or Indian gaming facility licensee, or any of their lessees, agents or

employees, to expose for sale, solicit or promote the sale of, possess

with intent to sell, sell, give, dispense, or otherwise transfer or

dispose of alcoholic beverages in, on, or about any portion of the

premises of a gaming facility or Indian gaming facility, unless said

person possesses a license or permit issued under this section.

8. It shall be unlawful for any person holding a license or permit to

sell alcoholic beverages under this section to expose, possess, sell,

give, dispense, transfer, or otherwise dispose of alcoholic beverages,

other than within the terms and conditions of such license or permit,

the provisions of the alcoholic beverage control law, the rules and

regulations promulgated by the state liquor authority, and, when

applicable, the regulations promulgated pursuant to this article.

Notwithstanding any other provision of law to the contrary the holder of

a license or permit issued under this section may be authorized to

provide complimentary alcoholic beverages under regulations issued by

the commission.

9. In issuing a casino or Indian gaming facility alcoholic beverage

license or permit, the commission shall describe the scope of the

particular license or permit, and the restrictions and limitations

thereon as it deems necessary and reasonable. The commission may, in a

single casino or Indian gaming facility alcoholic beverage license,

permit the holder of such a license or permit to perform any or all of

the following activities, subject to applicable laws, rules and

regulations:

(a) To sell any alcoholic beverage by the glass or other open

receptacle including, but not limited to, an original container, for

on-premise consumption within a facility; provided, however, that no

alcoholic beverage shall be sold or given for consumption; delivered or

otherwise brought to a patron; or consumed at a gaming table unless so

requested by the patron.

(b) To sell any alcoholic beverage by the glass or other open

receptacle for on-premise consumption within a gaming facility or Indian

gaming facility.

(c) To sell any alcoholic beverage by the glass or other open

receptacle or in original containers from a room service location within

an enclosed room not in a gaming facility or Indian gaming facility;

provided, however, that any sale of alcoholic beverages is delivered

only to a guest room or to any other room in the gaming facility or

Indian gaming facility authorized by the commission.

(d) To possess or to store alcoholic beverages in original containers

intended but not actually exposed for sale at a fixed location on a

gaming facility or Indian gaming facility premises, not in a gaming

facility or Indian gaming facility; and to transfer or deliver such

alcoholic beverages only to a location approved pursuant to this

section; provided, however, that no access to or from a storage location

shall be permitted except during the normal course of business by

employees or agents of the licensee, or by licensed employees or agents

of wholesalers or distributors licensed pursuant to the alcoholic

beverage control law and any applicable rules and regulations; and

provided further, however, that no provision of this section shall be

construed to prohibit a casino or Indian gaming facility alcoholic

beverage licensee from obtaining an off-site storage license from the

state liquor authority.

10. The commission may revoke, suspend, refuse to renew or refuse to

transfer any casino or Indian gaming facility alcoholic beverage license

or permit, and may fine or penalize the holder of any alcoholic beverage

license or permit issued under this section for violations of any

provision of the alcoholic beverage control law, the rules and

regulations promulgated by the state liquor authority, and the

regulations promulgated by the commission.

11. Jurisdiction over all alcoholic beverage licenses and permits

previously issued with respect to the gaming facility or Indian gaming

facility is hereby vested in the commission, which in its discretion

shall by regulation, rule, or policy promptly provide for the conversion

thereof into a casino or Indian gaming facility alcoholic beverage

license or permit as provided in this section. This section shall not be

construed to affect the validity of any existing licenses and permits

previously issued to an Indian gaming facility by the state liquor

authority, or the continuation of any administrative actions or

proceedings commenced by the state liquor authority prior to the

effective date of the chapter of the laws of 2019 that amended this

section. Any such license or permit previously issued to an Indian

gaming facility by the state liquor authority shall remain valid until

the date that such license or permit is duly converted pursuant to this

subdivision into a license or permit issued by the commission, and the

commission shall assume exclusive jurisdiction over any such previously

issued license or permit, and over any such previously commenced

administrative actions or proceedings.

12. (a) Prior to issuing any license under this section, the

commission, or its designee, shall consult with the state liquor

authority, or its designee, to confirm that such application and such

gaming facility or Indian gaming facility conforms with all applicable

provisions of the alcoholic beverage control law, and all applicable

rules, regulations, bulletins, orders and advisories promulgated by the

state liquor authority;

(b) Prior to commencing enforcement actions against any gaming

facility or Indian gaming facility licensed under this section, the

commission, or its designee, shall consult with the state liquor

authority, or its designee, with respect to the application of the

applicable provisions of the alcoholic beverage control law, and all

applicable rules, regulations, bulletins, orders and advisories

promulgated by the state liquor authority on the alleged conduct of such

licensee; and

(c) The commission, or its designee, shall consult with the state

liquor authority, or its designee, on a regular basis, but no less than

once every three months, regarding any pending applications and

enforcement matters.