§ 1400 — Legislative findings and purpose

§ 1400. Legislative findings and purpose. 1. The legislature hereby\nfinds and declares that:\n (a) Interactive fantasy sports are not games of chance because they\nconsist of fantasy or simulation sports games or contests in which the\nfantasy or simulation sports teams are selected based upon the skill and\nknowledge of the participants and not based on the current membership of\nan actual team that is a member of an amateur or professional sports\norganization;\n (b) Interactive fantasy sports contests are not wagers on future\ncontingent events not under the contestants' control or influence\nbecause contestants have control over which players they choose and the\noutcome of each contest is not dependent upon the performance of any one\nplayer or any one actual team. The outcome of any fantasy sports contest\ndoes not correspond to the outcome of any one sporting event. Instead,\nthe outcome depends on how the performances of participants' fantasy\nroster choices compare to the performance of others' roster choices.\n 2. Based on the findings in subdivision one of this section, the\nlegislature declares that interactive fantasy sports do not constitute\ngambling in New York state as defined in article two hundred twenty-five\nof the penal law.\n 3. The legislature further finds that as the internet has become an\nintegral part of society, and interactive fantasy sports a major form of\nentertainment for many consumers, any interactive fantasy sports\nenforcement and regulatory structure must begin from the bedrock premise\nthat participation in a lawful and licensed interactive fantasy sports\nindustry is a privilege and not a right, and that regulatory oversight\nis intended to safeguard the integrity of the games and participants and\nto ensure accountability and the public trust.\n