2006 New York Code - Special Anti-crime Lottery For The City Of New York.

 
    §  1619.  Special  anti-crime lottery for the city of New York. a. The
  division shall offer a special anti-crime instant scratch-off  game  for
  which  tickets shall be sold only within the city of New York. Such game
  shall commence on February fifteenth, nineteen hundred ninety-one or  as
  soon  thereafter,  in  the  discretion of the director, as is reasonably
  practicable, and shall  be  discontinued  on  June  thirtieth,  nineteen
  hundred ninety-six. The director shall consult with the city of New York
  regarding  the  design and promotion of such game. The operation of such
  game shall be governed  by  the  provisions  of  this  article  and  any
  regulations  adopted  by the division. If the provisions of this section
  are inconsistent with any other provision of  law,  this  section  shall
  govern.
    b. During any fiscal year of the city of New York in which tickets are
  sold  for  such  game,  the division shall not diminish unreasonably the
  efforts devoted to marketing any other instant scratch-off lottery game.
    c. Upon application, the division shall license any agency  designated
  by the mayor of the city of New York as an agent to sell tickets in such
  game,  provided,  however,  that  the  location  of  any such licensee's
  marketing outlets shall be subject to  the  director's  approval,  which
  shall  not  be  withheld unreasonably. The division also may license any
  partnership, corporation or other business  organization  maintaining  a
  place  of  business  within  the  city  of  New York as an agent to sell
  tickets in such game. Nothing in this article shall prevent persons from
  giving such tickets as premiums to customers, employees or  others  with
  whom they deal.
    d.  No  more  than fifty percent of the total amount for which tickets
  have been sold for such game shall be payable as lottery prizes.
    e. Fifteen percent of the total amount for  which  tickets  have  been
  sold for such game shall be retained by the division for the expenses of
  administering  such  game,  subject  to  adjustment  as  provided for in
  subdivision h  of  this  section.  In  no  case  shall  the  expense  of
  administering such game exceed fifteen percent of such total amount.
    f.  From  April  through  February of each fiscal year ending prior to
  April first, nineteen hundred ninety-six, and from April through June of
  the fiscal year commencing April first, nineteen hundred ninety-six, the
  division shall retain ten percent of the total amount for which  tickets
  have  been  sold  for  such  game, and the retained amount shall be made
  available for payment  into  the  state  lottery  fund  if  required  by
  subdivision i of this section. Upon satisfaction of any payment into the
  state  lottery  fund  required  by  subdivision  i  of this section, any
  balance  of  amounts  retained  by  the  division   pursuant   to   this
  subdivision,  plus  any  interest  accrued thereon, shall, at the end of
  March of each fiscal year ending prior to April first, nineteen  hundred
  ninety-six  and  at  the end of July of the fiscal year commencing April
  first, nineteen hundred ninety-six, be deposited in trust for  the  city
  of   New   York   in   accordance   with   subdivision  one  of  section
  ninety-seven-ii of the state finance law. If no such payment is required
  by subdivision i  of  this  section,  then  the  total  amount  retained
  pursuant  to  this subdivision, plus any interest accrued thereon, shall
  be so deposited.
    g. The amount remaining after provision for prizes, expenses  and  the
  retained  amount  required  by  subdivision  f  of this section shall be
  deposited by the division in accordance with subdivision one of  section
  ninety-seven-ii  of  the  state  finance  law  at least once during each
  month.
    h. On or before the last business day of each fiscal year ending prior
  to April first, nineteen hundred ninety-six, and on or before  the  last
  day  of June in the fiscal year commencing April first, nineteen hundred
  ninety-six, the division shall determine all  expenses  attributable  to
  such game during such fiscal year or period. If the amount so determined
  is  less  than fifteen percent of the amount for which tickets were sold
  for  such  game  during such fiscal year or period, the sum equal to the
  difference between the two amounts, plus any interest  accrued  thereon,
  shall  be  deposited  in  accordance  with  subdivision  one  of section
  ninety-seven-ii of the state finance law.
    i. (1) (A) On or before the fifteenth day of the first full  month  in
  nineteen   hundred   ninety-one  in  which  special  anti-crime  instant
  scratch-off lottery tickets for the city of New York are first sold, the
  director shall calculate the  gross  and  net  revenues  from  sales  of
  instant  scratch-off  lottery tickets within the city of New York during
  the period commencing on the first day of  the  corresponding  month  in
  nineteen hundred ninety and ending on the last day of February, nineteen
  hundred  ninety-one.  To each such amount shall be added an amount equal
  to five percent thereof, and, for purposes of this section, the  amounts
  thus  obtained  shall  be the projected gross and net revenue totals for
  the part-year period ending  on  the  last  day  of  February,  nineteen
  hundred ninety-two.
    (B)  On  or  before  the  fifteenth  day  of  March,  nineteen hundred
  ninety-one, the director shall calculate the gross and net revenues from
  sales of instant scratch-off lottery tickets within the city of New York
  during the preceding twelve-month period  ending  on  the  last  day  of
  February,  nineteen  hundred  ninety-one.  To  each such amount shall be
  added an amount equal to five percent thereof, and, for purposes of this
  section, the amounts thus obtained shall be the projected gross and  net
  revenue  totals  for  the  twelve-month period ending on the last day of
  February, nineteen  hundred  ninety-two.  For  the  twelve-month  period
  ending  on the last day of February in each year thereafter, through and
  including the  last  day  of  February  in  the  year  nineteen  hundred
  ninety-seven,  the  projected gross and net revenue totals for each such
  period shall be the amounts obtained when the projected  gross  and  net
  revenue  totals  for  the  immediately preceding twelve-month period are
  increased by an amount equal to five percent thereof.
    (2) (A) On or before the fifteenth  day  of  March,  nineteen  hundred
  ninety-two,  the director shall calculate the actual gross revenue total
  for the preceding part-year period commencing with the first full  month
  in  which special anti-crime instant scratch off lottery tickets for the
  city of New York were sold and ending  on  the  last  day  of  February,
  nineteen  hundred  ninety-two  from  the  sales  of  instant scratch-off
  lottery tickets within the city of New  York,  excluding  sales  of  the
  special anti-crime instant scratch-off game. If the actual gross revenue
  total  so  calculated is less than the projected gross revenue total for
  such part-year period and the reason for  such  difference  is  not  the
  elimination  of  all  other instant scratch-off lottery games within the
  city of New York, then the amount, if any, by which  the  projected  net
  revenue  total  for such part-year period exceeds the actual net revenue
  total for such part-year period shall be determined and all moneys which
  would otherwise be deposited in trust for the city of New York shall  be
  paid,  instead, into the state lottery fund until an amount equal to the
  excess has been so transferred.
    (B) On  or  before  the  fifteenth  day  of  March,  nineteen  hundred
  ninety-three,  and  on or before the fifteenth day of March in each year
  thereafter, through and including the fifteenth day of  March,  nineteen
  hundred  ninety-six,  the  director  shall  calculate  the  actual gross
  revenue total for the preceding twelve-month period ending on  the  last
  day  of  February  from the sales of instant scratch-off lottery tickets
  within the city of New York, excluding sales of the  special  anti-crime
  instant   scratch-off  game.  If  the  actual  gross  revenue  total  so
  calculated is less than the  projected  gross  revenue  total  for  such
  twelve-month  period  and  the  reason  for  such  difference is not the
  elimination  of  all  other instant scratch-off lottery games within the
  city of New York, then the amount, if any, by which  the  projected  net
  revenue  total  for  such  twelve-month  period  exceeds  the actual net
  revenue total for such twelve-month period shall be determined  and  all
  moneys  which  would otherwise be deposited in trust for the city of New
  York shall be paid, instead, into the state lottery fund until an amount
  equal to the excess has been so transferred.
    (C)  On  or  before  the  fifteenth  day  of  July,  nineteen  hundred
  ninety-six,  the director shall calculate the actual gross revenue total
  for  the  immediately  preceding  four-month  period  ending   on   June
  thirtieth, nineteen hundred ninety-six from sales of instant scratch-off
  lottery  tickets  within  the  city  of New York, excluding sales of the
  special anti-crime instant scratch-off game. If the actual gross revenue
  total so calculated is less than thirty-three and one-third  percent  of
  the  projected gross revenue total for the twelve-month period ending on
  the last day of February in the year nineteen hundred ninety-seven,  and
  the  reason  for  such  difference  is  not the elimination of all other
  instant scratch-off lottery games within the city of New York, then  the
  amount,  if  any,  by  which  thirty-three  and one-third percent of the
  projected net revenue total for such  twelve-month  period  exceeds  the
  actual net revenue total for such four-month period shall be determined,
  and  the amount of such excess shall be paid into the state lottery fund
  from any moneys available from sales of the special  anti-crime  instant
  scratch-off  game  which have not theretofore been paid over to the city
  of New York.
    j. For purposes of this section:
    (1) "Gross revenue" means the total amount for which tickets have been
  sold.
    (2) "Net revenue" means the total amount for which tickets  have  been
  sold  less  the  sum  of  the  amount  paid out in prizes and the actual
  administrative expenses of the division.