NY Rac, Pari-Mut Wag & Breeding L § 1340 (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 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.