2023 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.