Bill Text: NY S02384 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires that the division of the lottery give notice to local communities regarding the establishment of "quick draw" lottery games at new locations within that community; provides for a hearing for objections before such license is issued.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO RACING, GAMING AND WAGERING [S02384 Detail]
Download: New_York-2009-S02384-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2384 2009-2010 Regular Sessions I N S E N A T E February 19, 2009 ___________ Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wager- ing AN ACT to amend the tax law, in relation to requiring the division of the lottery to give notice to local communities regarding new locations for certain lottery games THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraph (B) of paragraph 1 of subdivision a of section 2 1612 of the tax law is amended by adding a new clause (iv) to read as 3 follows: 4 (IV) NOT LESS THAN THIRTY DAYS BEFORE LICENSING AN AGENT TO SELL SUCH 5 TICKETS ON ANY SUCH PREMISES, THE DIVISION SHALL PUBLISH IN A NEWSPAPER 6 OF GENERAL CIRCULATION IN AN AREA INCLUDING THE MUNICIPALITY WHERE SUCH 7 PREMISES ARE LOCATED, NOTICE THAT AN APPLICATION FOR SUCH LICENSE HAS 8 BEEN FILED WITH THE DIVISION. SAID NOTICE SHALL INCLUDE THE NAME AND 9 BUSINESS ADDRESS OF THE LICENSE APPLICANT; THE ADDRESS OF THE PREMISES 10 WHEREIN SUCH TICKETS SHALL BE SOLD; AND THE APPLICANT'S ESTIMATED GROSS 11 WEEKLY SALES. IF THE APPLICANT SEEKS A LICENSE PURSUANT TO CLAUSE (I) OF 12 THIS SUBPARAGRAPH, THEN SAID NOTICE SHALL ALSO INCLUDE THE PERCENT OF 13 THE APPLICANT'S ESTIMATED GROSS WEEKLY SALES THAT RESULT FROM FOOD. IF 14 THE APPLICANT SEEKS A LICENSE PURSUANT TO CLAUSE (II) OF THIS SUBPARA- 15 GRAPH, THEN SAID NOTICE SHALL ALSO INCLUDE THE SQUARE FOOTAGE OF SUCH 16 PREMISES. NO SUCH LICENSE SHALL BE ISSUED TO A LICENSEE TO WHICH THE 17 MUNICIPALITY HAS OBJECTED IN WRITING, EXCEPT AFTER A PUBLIC HEARING AND 18 UNLESS THE DIVISION, BY THE DIRECTOR, THEREAFTER DETERMINES IN WRITING 19 THAT SUCH LICENSE IS IN THE PUBLIC INTEREST AND APPROVES IN WRITING THE 20 ISSUANCE OF SUCH LICENSE. FOR THE PURPOSES OF THIS CLAUSE, THE TERM 21 "MUNICIPALITY" MEANS AN INCORPORATED VILLAGE IF SUCH PREMISES ARE 22 LOCATED THEREIN, A TOWN IF SUCH PREMISES ARE LOCATED THEREIN AND NOT 23 LOCATED SIMULTANEOUSLY WITHIN AN INCORPORATED VILLAGE, OR A CITY, EXCEPT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09326-01-9 S. 2384 2 1 THAT IN THE CITY OF NEW YORK, THE COMMUNITY BOARD WITH JURISDICTION OVER 2 THE AREA IN WHICH SUCH PREMISES ARE LOCATED SHALL BE CONSIDERED THE 3 MUNICIPALITY; 4 S 2. This act shall take effect on the sixtieth day after it shall 5 have become a law; provided, however, that the amendment to subparagraph 6 (B) of paragraph 1 of subdivision a of section 1612 of the tax law made 7 by section one of this act shall not affect the repeal of such paragraph 8 and shall be deemed repealed therewith.