2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 2 - Facility Determination and Licensing: Upstate Gaming Facilities › 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  nor  are  any gaming facilities authorized under this title 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 title 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,
upon request, a mobile sports wagering  platform  provider's  server  or
other  equipment  used  for  receiving  mobile sports wagers pursuant to
section 1367-a of this article; 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, for the
duration of the initial license term, a mobile sports wagering  platform
provider  shall  pay  two  and  one-half  million dollars per year. Each
gaming  facility  licensed under title two of this article shall receive
five million dollars per year, which shall be paid  no  later  than  May
first of each year.