2010 New York Code
TAX - Tax
Article 34 - (1600 - 1620) NEW YORK STATE LOTTERY FOR EDUCATION
1617-A - Video lottery gaming.

§ 1617-a.  Video  lottery  gaming.  a.  The division of the lottery is
  hereby authorized to license, pursuant to rules and  regulations  to  be
  promulgated  by  the  division  of  the  lottery, the operation of video
  lottery gaming at  Aqueduct,  Monticello,  Yonkers,  Finger  Lakes,  and
  Vernon  Downs racetracks, or at any other racetrack licensed pursuant to
  article three of the racing, pari-mutuel wagering and breeding law  that
  are  located  in  a county or counties in which video lottery gaming has
  been authorized pursuant to local law, excluding the licensed  racetrack
  commonly  referred  to  in  article  three  of  the  racing, pari-mutuel
  wagering and breeding law as the "New York  state  exposition"  held  in
  Onondaga  county and the racetracks of the non-profit racing association
  known as Belmont Park racetrack and the Saratoga thoroughbred racetrack.
  Such rules and regulations shall provide, as a condition  of  licensure,
  that  racetracks  to  be licensed are certified to be in compliance with
  all state and local fire and safety codes, that the division is afforded
  adequate space, infrastructure, and amenities consistent  with  industry
  standards  for  such  video  gaming operations as found at racetracks in
  other states, that racetrack employees  involved  in  the  operation  of
  video lottery gaming pursuant to this section are licensed by the racing
  and  wagering board, and such other terms and conditions of licensure as
  the division may establish. Notwithstanding any  inconsistent  provision
  of  law,  video  lottery  gaming at a racetrack pursuant to this section
  shall be deemed an  approved  activity  for  such  racetrack  under  the
  relevant  city,  county, town, or village land use or zoning ordinances,
  rules, or regulations. No entity  licensed  by  the  division  operating
  video  lottery  gaming  pursuant  to  this section may house such gaming
  activity  in  a  structure  deemed  or  approved  by  the  division   as
  "temporary"  for  a  duration of longer than eighteen-months. Nothing in
  this section shall prohibit the division from  licensing  an  entity  to
  operate  video  lottery gaming at an existing racetrack as authorized in
  this subdivision whether or  not  a  different  entity  is  licensed  to
  conduct horse racing and pari-mutuel wagering at such racetrack pursuant
  to article two or three of the racing, pari-mutuel wagering and breeding
  law.
    The  division,  in  consultation  with  the racing and wagering board,
  shall establish standards for approval of the  temporary  and  permanent
  physical  layout and construction of any facility or building devoted to
  a video lottery gaming operation. In reviewing such application for  the
  construction  or  reconstruction of facilities related or devoted to the
  operation or housing of video lottery gaming operations,  the  division,
  in  consultation  with  the racing and wagering board, shall ensure that
  such facility:
    (1)  possesses  superior  consumer  amenities  and   conveniences   to
  encourage  and attract the patronage of tourists and other visitors from
  across the region, state, and nation.
    (2) has adequate motor vehicle parking facilities  to  satisfy  patron
  requirements.
    (3)  has a physical layout and location that facilitates access to and
  from the horse racing  track  portion  of  such  facility  to  encourage
  patronage of live horse racing events that are conducted at such track.
    b.  Video  lottery  gaming  shall  only  be permitted for no more than
  twenty consecutive hours per day and on no day shall such  operation  be
  conducted past 4:00 a.m.
    c.  The division shall promulgate such rules and regulations as may be
  necessary for the implementation of video lottery gaming  in  accordance
  with  the provisions of this section and paragraph five of subdivision a
  of section sixteen hundred twelve of this article.

d.  All  workers  engaged   in   the   construction,   reconstruction,
  development,  rehabilitation, or maintenance of any area for the purpose
  of the installation, maintenance, or removal of video lottery  terminals
  shall  be  subject  to  the provisions of articles eight and nine of the
  labor law to the extent provided in such articles.
    e.  The  division  shall not approve the construction or alteration of
  any facility or building devoted to the operation or  housing  of  video
  lottery gaming until the person or entity selected to operate such video
  lottery  gaming  shall have submitted to the division a statement of the
  location of the proposed facility or building, together with a  plan  of
  such  racetrack, and plans of all existing buildings, seating stands and
  other structures on the grounds of such racetrack, in such form  as  the
  division  may  prescribe, and such plans shall have been approved by the
  division. The division, at the expense of the applicant, may order  such
  engineering examination thereof as the division may deem necessary. Such
  construction  or  alteration  may  be made only with the approval of the
  division and after examination and inspection of the plans  thereof  and
  the issuance of a permit therefor by the division.