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.
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