§ 1340 — Alcoholic beverages

§ 1340. Alcoholic beverages. 1. Notwithstanding any law to the\ncontrary, the authority to grant any license or permit for, or to permit\nor prohibit the presence of, alcoholic beverages in, on, or about any\npremises licensed by the commission as part of a gaming facility, or in,\non, or about any Indian gaming facility, shall exclusively be vested in\nthe commission. As used in this section, the term "Indian gaming\nfacility" shall mean a premises duly authorized by a tribal gaming\nauthority to conduct class II gaming, class III gaming, or both, as such\nterms are defined in 25 USC 2703, pursuant to the Indian Gaming\nRegulatory Act of 1988, which includes a gaming area or areas, and any\nother non-gaming structure related to the gaming area as an amenity,\nincluding but not limited to hotels, restaurants, golf courses, golf\nclubhouses and other amenities, where such premises is licensed and\nregulated by an Indian tribe that has elected commission oversight\npursuant to subdivision one-a of this section. This section shall not be\nconstrued to apply to any provision of New York law other than this\nsection, to any Indian gaming facility that would not otherwise apply to\nthe Indian gaming facility absent this section, or to apply to this\nsection to any premises licensed and regulated by an Indian tribe that\nhas not elected to be treated as an Indian gaming facility for purposes\nof this section pursuant to subdivision one-a of this section.\n 1-a. An Indian tribe may elect for the state to treat all premises\nauthorized by such tribe's tribal gaming authority to conduct class II\ngaming, class III gaming, or both, as an Indian gaming facility for the\npurposes of licensure and regulation under this section, by notifying\nthe commission and the state liquor authority, in writing, within sixty\ndays of the effective date of this subdivision, that it elects\ncommission oversight pursuant to the provisions of this section. Upon\nreceipt of notice by the commission that a tribe has made such an\nelection under this subdivision, any premises authorized by such tribe's\ntribal gaming authority to conduct class II gaming, class III gaming, or\nboth, shall be considered an Indian gaming facility, as defined in\nsubdivision one of this section, for purposes of this section, and the\ncommission shall assume jurisdiction over all alcoholic beverage\nlicenses and permits previously issued with respect to any Indian gaming\nfacility licensed and regulated by that tribe pursuant to subdivision\neleven of this section. As a condition of electing commission oversight\npursuant to this section, an Indian gaming facility shall expressly\ncommit in writing to follow the requirements imposed under this section,\nto adhere to the regulations promulgated by the commission pursuant to\nthis section, and to submit to the commission's enforcement of this\nsection and regulations promulgated thereunder including by waiving\ntribal sovereign immunity for the sole and limited purpose of such\nenforcement of this section. An Indian gaming facility that does not\nelect commission oversight in accordance with the requirements of this\nsection shall remain subject to any other applicable state law governing\nthe licensure and regulation of alcoholic beverages in, on, or about the\nIndian gaming facility.\n 2. Unless otherwise stated, and except where inconsistent with the\npurpose or intent of this article or the common understanding of usage\nthereof, definitions contained in the alcoholic beverage control law\nshall apply to this section. Any definition contained therein shall\napply to the same word in any form.\n 3. Notwithstanding any provision of the alcoholic beverage control law\nto the contrary, the commission shall have the functions, powers and\nduties of the state liquor authority but only with respect to the\nissuance, renewal, transfer, suspension and revocation of licenses and\npermits for the sale of alcoholic beverages at retail for on-premise\nconsumption by any holder of a gaming facility license issued by the\ncommission, or for on-premises consumption at any Indian gaming\nfacility, including, without limitation, the power to fine or penalize a\ncasino or Indian gaming facility alcoholic beverage licensee or\npermittee; to enforce all statutes, laws, rulings, or regulations\nrelating to such license or permit; and to collect license and permit\nfees and establish application standards therefor.\n 4. Except as otherwise provided in this section, the provisions of the\nalcoholic beverage control law and the rules, regulations, bulletins,\norders, and advisories promulgated by the state liquor authority shall\napply to any gaming facility or Indian gaming facility holding a license\nor permit to sell alcoholic beverages under this section.\n 5. Notwithstanding any provision to the contrary, the commission may\npromulgate any regulations and special rulings and findings as may be\nnecessary for the proper enforcement, regulation, and control of\nalcoholic beverages in gaming facilities and Indian gaming facilities\nwhen the commission finds that the uniqueness of gaming facility and\nIndian gaming facility operations and the public interest require that\nsuch regulations, rulings, and findings are appropriate.\n 6. Notwithstanding any provision of law to the contrary, any\nmanufacturer or wholesaler licensed under the alcoholic beverage control\nlaw may, as authorized under the alcoholic beverage control law, sell\nalcoholic beverages to a gaming facility or Indian gaming facility\nholding a retail license or permit to sell alcoholic beverages for\nconsumption on the premises issued under this section, and any gaming\nfacility or Indian gaming facility holding a retail license or permit to\nsell alcoholic beverages for consumption on the premises issued under\nthis section may, as authorized under the alcoholic beverage control\nlaw, purchase alcoholic beverages from a manufacturer or wholesaler\nlicensed under the alcoholic beverage control law.\n 7. It shall be unlawful for any person, including any gaming facility\nor Indian gaming facility licensee, or any of their lessees, agents or\nemployees, to expose for sale, solicit or promote the sale of, possess\nwith intent to sell, sell, give, dispense, or otherwise transfer or\ndispose of alcoholic beverages in, on, or about any portion of the\npremises of a gaming facility or Indian gaming facility, unless said\nperson possesses a license or permit issued under this section.\n 8. It shall be unlawful for any person holding a license or permit to\nsell alcoholic beverages under this section to expose, possess, sell,\ngive, dispense, transfer, or otherwise dispose of alcoholic beverages,\nother than within the terms and conditions of such license or permit,\nthe provisions of the alcoholic beverage control law, the rules and\nregulations promulgated by the state liquor authority, and, when\napplicable, the regulations promulgated pursuant to this article.\nNotwithstanding any other provision of law to the contrary the holder of\na license or permit issued under this section may be authorized to\nprovide complimentary alcoholic beverages under regulations issued by\nthe commission.\n 9. In issuing a casino or Indian gaming facility alcoholic beverage\nlicense or permit, the commission shall describe the scope of the\nparticular license or permit, and the restrictions and limitations\nthereon as it deems necessary and reasonable. The commission may, in a\nsingle casino or Indian gaming facility alcoholic beverage license,\npermit the holder of such a license or permit to perform any or all of\nthe following activities, subject to applicable laws, rules and\nregulations:\n (a) To sell any alcoholic beverage by the glass or other open\nreceptacle including, but not limited to, an original container, for\non-premise consumption within a facility; provided, however, that no\nalcoholic beverage shall be sold or given for consumption; delivered or\notherwise brought to a patron; or consumed at a gaming table unless so\nrequested by the patron.\n (b) To sell any alcoholic beverage by the glass or other open\nreceptacle for on-premise consumption within a gaming facility or Indian\ngaming facility.\n (c) To sell any alcoholic beverage by the glass or other open\nreceptacle or in original containers from a room service location within\nan enclosed room not in a gaming facility or Indian gaming facility;\nprovided, however, that any sale of alcoholic beverages is delivered\nonly to a guest room or to any other room in the gaming facility or\nIndian gaming facility authorized by the commission.\n (d) To possess or to store alcoholic beverages in original containers\nintended but not actually exposed for sale at a fixed location on a\ngaming facility or Indian gaming facility premises, not in a gaming\nfacility or Indian gaming facility; and to transfer or deliver such\nalcoholic beverages only to a location approved pursuant to this\nsection; provided, however, that no access to or from a storage location\nshall be permitted except during the normal course of business by\nemployees or agents of the licensee, or by licensed employees or agents\nof wholesalers or distributors licensed pursuant to the alcoholic\nbeverage control law and any applicable rules and regulations; and\nprovided further, however, that no provision of this section shall be\nconstrued to prohibit a casino or Indian gaming facility alcoholic\nbeverage licensee from obtaining an off-site storage license from the\nstate liquor authority.\n 10. The commission may revoke, suspend, refuse to renew or refuse to\ntransfer any casino or Indian gaming facility alcoholic beverage license\nor permit, and may fine or penalize the holder of any alcoholic beverage\nlicense or permit issued under this section for violations of any\nprovision of the alcoholic beverage control law, the rules and\nregulations promulgated by the state liquor authority, and the\nregulations promulgated by the commission.\n 11. Jurisdiction over all alcoholic beverage licenses and permits\npreviously issued with respect to the gaming facility or Indian gaming\nfacility is hereby vested in the commission, which in its discretion\nshall by regulation, rule, or policy promptly provide for the conversion\nthereof into a casino or Indian gaming facility alcoholic beverage\nlicense or permit as provided in this section. This section shall not be\nconstrued to affect the validity of any existing licenses and permits\npreviously issued to an Indian gaming facility by the state liquor\nauthority, or the continuation of any administrative actions or\nproceedings commenced by the state liquor authority prior to the\neffective date of the chapter of the laws of 2019 that amended this\nsection. Any such license or permit previously issued to an Indian\ngaming facility by the state liquor authority shall remain valid until\nthe date that such license or permit is duly converted pursuant to this\nsubdivision into a license or permit issued by the commission, and the\ncommission shall assume exclusive jurisdiction over any such previously\nissued license or permit, and over any such previously commenced\nadministrative actions or proceedings.\n 12. (a) Prior to issuing any license under this section, the\ncommission, or its designee, shall consult with the state liquor\nauthority, or its designee, to confirm that such application and such\ngaming facility or Indian gaming facility conforms with all applicable\nprovisions of the alcoholic beverage control law, and all applicable\nrules, regulations, bulletins, orders and advisories promulgated by the\nstate liquor authority;\n (b) Prior to commencing enforcement actions against any gaming\nfacility or Indian gaming facility licensed under this section, the\ncommission, or its designee, shall consult with the state liquor\nauthority, or its designee, with respect to the application of the\napplicable provisions of the alcoholic beverage control law, and all\napplicable rules, regulations, bulletins, orders and advisories\npromulgated by the state liquor authority on the alleged conduct of such\nlicensee; and\n (c) The commission, or its designee, shall consult with the state\nliquor authority, or its designee, on a regular basis, but no less than\nonce every three months, regarding any pending applications and\nenforcement matters.\n