§ 151 — Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients

§ 151. Penalties for cashing public assistance checks or accepting\nelectronic benefit transfers from public assistance recipients. 1.\nUnauthorized transactions. Except as otherwise provided in subdivision\ntwo of this section, no person, firm, establishment, entity, or\ncorporation (a) licensed under the provisions of the alcoholic beverage\ncontrol law to sell liquor and/or wine at retail for off-premises\nconsumption; (b) licensed to sell beer at wholesale and also authorized\nto sell beer at retail for off-premises consumption; (c) licensed or\nauthorized to conduct pari-mutuel wagering activity under the racing,\npari-mutuel wagering and breeding law; (d) licensed to participate in\ncharitable gaming under article fourteen-H of the general municipal law;\n(e) licensed to participate in the operation of a video lottery facility\nunder section one thousand six hundred seventeen-a of the tax law; (f)\nlicensed to operate a gaming facility under section one thousand three\nhundred eleven of the racing, pari-mutuel wagering and breeding law; or\n(g) providing adult-oriented entertainment in which performers disrobe\nor perform in an unclothed state for entertainment, or making available\nthe venue in which performers disrobe or perform in an unclothed state\nfor entertainment, shall cash or accept any public assistance check or\nelectronic benefit transfer device issued by a public welfare official\nor department, or agent thereof, as and for public assistance.\n 2. Authorized transactions. (a) A grocery store that sells groceries\nincluding staple foods and that also offers, or is located within the\nsame building or complex as, a casino, gambling casino, or gaming\nestablishment; and any area of a pari-mutuel race track that does not\naccept wagers and is not open to the public or to unauthorized\npersonnel, such as non-wagering areas of the backstretch, may accept any\npublic assistance check or electronic benefit transfer issued by a\npublic welfare official or department, or agent thereof. For purposes of\nthis paragraph, "gaming establishment" shall mean any video lottery\nfacility, off-track betting branch office, simulcast facility, licensed\ncommercial charitable gaming facility, or any pari-mutuel race track.\n (b) Any establishment that offers gambling incidental to the principal\npurpose of the business at such location may accept any public\nassistance check or electronic benefit transfer device issued by a\npublic welfare official or department, or agent thereof.\n 3. Penalties. (a) A violation of the provisions of subdivision one of\nthis section taking place at the licensed premises by a person,\ncorporation or entity licensed under the alcoholic beverage control law:\n(i) to sell liquor and/or wine at retail for off-premises consumption;\n(ii) to sell beer at wholesale and also authorized to sell beer at\nretail for off-premises consumption; or (iii) to sell liquor, wine\nand/or beer for on-premises consumption at an establishment where\nentertainers appear unclothed as permitted by the rules of the state\nliquor authority, shall constitute cause, for the purposes of section\none hundred eighteen of the alcoholic beverage control law, for the\nrevocation, cancellation or suspension of such license.\n (b) A violation of the provisions of subdivision one of this section\nby any person, corporation or entity licensed to operate a gaming\nfacility under section one thousand three hundred eleven of the racing,\npari-mutuel wagering and breeding law; licensed under section one\nthousand six hundred seventeen-a of the tax law to participate in the\noperation of a video lottery facility; licensed or authorized to conduct\npari-mutuel wagering under the racing, pari-mutuel wagering and breeding\nlaw; or licensed to participate in charitable gaming under article\nfourteen-H of the general municipal law, shall subject such person,\ncorporation or entity to disciplinary action pursuant to section one\nhundred four of the racing, pari-mutuel wagering and breeding law and\nsection one thousand six hundred seven of the tax law, which may include\nrevocation, cancellation or suspension of such license or authorization.\n (c) A violation of the provisions of subdivision one of this section\nby any person, firm, establishment, entity or corporation providing\nadult-oriented entertainment in which performers disrobe or perform in\nan unclothed state for entertainment, or making available the venue in\nwhich performers disrobe or perform in an unclothed state for\nentertainment, shall be a violation, as defined in subdivision three of\nsection 10.00 of the penal law, subject to a fine of not more than one\nhundred dollars, a second such violation shall be a violation subject to\na fine of not more than five hundred dollars, and a third or subsequent\nsuch violation shall be class B misdemeanor subject to a fine of not\nmore than one thousand dollars.\n