NY Rac, Pari-Mut Wag & Breeding L § 1341 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 13 - Destination Resort Gaming Title 5 - Requirements for Conduct and Operation of Gaming 1341 - Licensee Leases and Contracts.

§ 1341. Licensee leases and contracts. 1. Unless otherwise provided in this  subdivision,  no  agreement shall be lawful which provides for the payment, however defined, of any direct or indirect interest, percentage or share of: any money or property gambled at  a  gaming  facility;  any money or property derived from gaming activity; or any revenues, profits or earnings of a gaming facility. Notwithstanding the foregoing:  (a) Agreements which provide only for the payment of a fixed sum which is  in  no  way  affected  by  the  amount  of any such money, property, revenues, profits or earnings shall not be subject to the provisions  of this  subdivision;  and  receipts, rentals or charges for real property, personal property or services shall not lose their character as payments of a fixed sum because of contract, lease,  or  license  provisions  for adjustments  in  charges, rentals or fees on account of changes in taxes or  assessments,  cost-of-living   index   escalations,   expansion   or improvement of facilities, or changes in services supplied.  (b)  Agreements  between  a  gaming  facility  licensee  and  a junket enterprise or junket representative licensed, qualified or registered in accordance with the provisions of this article and  the  regulations  of the   commission  that  provide  for  the  compensation  of  the  junket enterprise or junket representative  by  the  gaming  facility  licensee based upon the actual gaming activities of a patron procured or referred by  the  junket  enterprise  or junket representative shall be lawful if filed with the commission prior to the conduct of  any  junket  that  is governed by the agreement.  (c)  Agreements  between  a gaming facility licensee and its employees which provide for gaming employee or casino key employee profit  sharing shall  be  lawful  if  the  agreement  is  in writing and filed with the commission prior to its effective date. Such agreements may be  reviewed by the commission.  (d)  Agreements  to  lease  an  approved  gaming  facility or the land thereunder and agreements for the  complete  management  of  all  gaming operations  in  a gaming facility shall not be subject to the provisions of this subdivision.  (e) Agreements which provide for percentage charges between the gaming facility licensee and a holding company or intermediary company  of  the gaming  facility  licensee  shall  be  in  writing  and  filed  with the commission  but  shall  not  be  subject  to  the  provisions  of   this subdivision.  (f)  Written  agreements  relating to the operation of multi-casino or multi-state progressive slot machine systems between one or more  gaming facility  licensees  and  a  licensed  casino  vendor  enterprise  or an eligible applicant for such license,  which  provide  for  an  interest, percentage  or share of the gaming facility licensee's revenues, profits or earnings from the  operation  of  such  multi-casino  or  multi-state progressive  slot  machines  to  be paid to the casino vendor enterprise licensee or applicant shall not be subject to  the  provisions  of  this subdivision  if  the  agreements  are  filed  with  and  approved by the commission.   2. Each gaming facility  applicant  or  licensee  shall  maintain,  in accordance with the rules of the commission, a record of each written or unwritten  agreement regarding the realty, construction, maintenance, or business of a proposed or existing gaming facility or related  facility. The  foregoing  obligation  shall apply regardless of whether the gaming facility applicant or licensee is a party to  the  agreement.  Any  such agreement  may  be  reviewed  by  the  commission  on  the  basis of the reasonableness of its terms, including the terms of compensation, and of the qualifications of the owners, officers, employees, and directors  of any  enterprise involved in the agreement, which qualifications shall be  reviewed according to the standards enumerated in section  one  thousand three   hundred   twenty-three   of  this  article.  If  the  commission disapproves such an agreement or the  owners,  officers,  employees,  or directors of any enterprise involved therein, the commission may require its termination.   Every agreement required to be maintained, and every related agreement the  performance  of which is dependent upon the performance of any such agreement, shall be deemed to include a provision to the effect that, if the  commission  shall  require  termination  of  an   agreement,   such termination  shall  occur  without  liability  on the part of the gaming facility applicant or licensee or any qualified party to  the  agreement or  any related agreement. Failure expressly to include such a provision in the agreement shall not constitute a defense in any action brought to terminate the agreement. If the agreement is not maintained or presented to the commission in accordance  with  commission  regulations,  or  the disapproved  agreement  is not terminated, the commission may pursue any remedy or combination of remedies provided in this article.   For the purposes of  this  subdivision,  "gaming  facility  applicant" includes  any  person required to hold a gaming facility license who has applied to the commission for a gaming facility license or any  approval required.   3.  Nothing  in this article shall be deemed to permit the transfer of any license, or any interest in  any  license,  or  any  certificate  of compliance  or any commitment or reservation without the approval of the commission.