NY Rac, Pari-Mut Wag & Breeding L § 1311 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 13 - Destination Resort Gaming Title 2 - Facility Determination and Licensing 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  in  zone  one.  No  gaming facilities are authorized under this article 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 article 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, a mobile sports wagering platform provider's  server  or  other  equipment used  for  receiving  mobile sports wagers pursuant to section 1367-a of the racing, pari-mutuel wagering and  breeding  law;  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,  that  as consideration for housing and securing such server at the physical premises of the licensed  gaming  facility,  mobile  sports wagering  platform providers shall pay to such licensed gaming facility, five million dollars per year for the duration of  the  time  that  such server is housed and operating at the physical premises of such licensed gaming facility.