S T A T E O F N E W Y O R K
________________________________________________________________________
7919
I N S E N A T E
May 21, 2010
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend chapter 405 of the laws of 1999 amending the real prop-
erty tax law relating to improving the administration of the school
tax relief (STAR) program, in relation to the lottery game of Quick
Draw; and to amend the tax law, in relation to allowing all licensed
lottery sales agents to conduct Quick Draw
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1 of part J of chapter 405 of the laws of 1999
2 amending the real property tax law relating to improving the adminis-
3 tration of the school tax relief (STAR) program, as amended by section 3
4 of part PP-1 of chapter 57 of the laws of 2008, is amended to read as
5 follows:
6 Section 1. Notwithstanding the provisions of article 5 of the general
7 construction law, the provisions of the tax law amended by sections
8 94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby revived
9 and shall continue in full force and effect as they existed on March 31,
10 1999 through May 31, [2010] 2014, when upon such date they shall expire
11 and be repealed. Sections 1, 2, 3, 4, and 5, and such part of section 10
12 of chapter 336 of the laws of 1999 as relates to providing for the
13 effectiveness of such sections 1, 2, 3, 4 and 5 shall be nullified in
14 effect on the effective date of this section, except that the amendments
15 made to: paragraph (2) of subdivision a of section 1612 of the tax law
16 by such section 1; and subdivision b of section 1612 of the tax law by
17 such section 2; and the repeal of section 152 of chapter 166 of the laws
18 of 1991 made by such section 5 shall continue to remain in effect.
19 S 2. Paragraph 1 of subdivision a of section 1612 of the tax law, as
20 amended by chapter 336 of the laws of 1999, is amended to read as
21 follows:
22 (1) sixty percent of the total amount for which tickets have been sold
23 for a lawful lottery game introduced on or after the effective date of
24 this paragraph[, subject to the following provisions:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17471-03-0
S. 7919 2
1 (A) drawings in such game shall be held during no more than thirteen
2 hours each day, no more than eight hours of which shall be consecutive;
3 (B) such game shall be available only on premises occupied by licensed
4 lottery sales agents, subject to the following provisions:
5 (i) if the licensee holds a license issued pursuant to the alcoholic
6 beverage control law to sell alcoholic beverages for consumption on the
7 premises, then not less than twenty-five percent of the gross sales must
8 result from sales of food;
9 (ii) if the licensee does not hold a license issued pursuant to the
10 alcoholic beverage control law to sell alcoholic beverages for consump-
11 tion on the premises, then the premises must have a minimum square
12 footage greater than two thousand five hundred square feet;
13 (iii) notwithstanding the foregoing provisions, television equipment
14 that automatically displays the results of such drawings may be
15 installed and used without regard to the percentage of food sales or the
16 square footage if such premises are used as:
17 (I) a commercial bowling establishment, or
18 (II) a facility authorized under the racing, pari-mutuel wagering and
19 breeding law to accept pari-mutuel wagers;
20 (C) the rules for the operation of such game shall be as prescribed by
21 regulations promulgated and adopted by the division, provided however,
22 that such rules shall provide that no person under the age of twenty-one
23 may participate in such games on the premises of a licensee who holds a
24 license issued pursuant to the alcoholic beverage control law to sell
25 alcoholic beverages for consumption on the premises; and, provided,
26 further, that such regulations may be revised on an emergency basis not
27 later than ninety days after the enactment of this paragraph in order to
28 conform such regulations to the requirements of this paragraph]; or
29 S 3. This act shall take effect immediately; provided however that the
30 amendments to paragraph (1) of subdivision a of section 1612 of the tax
31 law made by section two of this act shall not affect the repeal of such
32 subdivision and shall be deemed repealed therewith.