2016 New York Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 13 - DESTINATION RESORT GAMING
Title 5 - (1331 - 1346) REQUIREMENTS FOR CONDUCT AND OPERATION OF GAMING
1340 - Alcoholic beverages.

  1340.  Alcoholic  beverages.  1.  Notwithstanding  any  law  to the
  contrary, the authority to grant any license or permit for, or to permit
  or prohibit the presence of, alcoholic beverages in, on,  or  about  any
  premises  licensed  as  part  of  a gaming facility shall exclusively be
  vested in the commission.
2. Unless otherwise stated, and except  where  inconsistent  with  the
  purpose  or  intent of this article or the common understanding of usage
  thereof, definitions contained in the  alcoholic  beverage  control  law
  shall  apply  to  this  section.  Any definition contained therein shall
  apply to the same word in any form.
3. Notwithstanding any provision of the alcoholic beverage control law
  to the contrary, the commission shall have  the  functions,  powers  and
  duties  of  the  state  liquor  authority  but  only with respect to the
  issuance, renewal, transfer, suspension and revocation of  licenses  and
  permits  for  the  sale  of alcoholic beverages at retail for on-premise
  consumption by any holder of a gaming facility  license  issued  by  the
  commission  including, without limitation, the power to fine or penalize
  a casino alcoholic  beverage  licensee  or  permittee;  to  enforce  all
  statutes,  laws,  rulings,  or  regulations  relating to such license or
  permit; and to collect license and permit fees and establish application
  standards therefor.
4. Except as otherwise provided in this section, the provisions of the
  alcoholic beverage control law and the  rules,  regulations,  bulletins,
  orders,  and  advisories promulgated by the state liquor authority shall
  apply to any gaming  facility  holding  a  license  or  permit  to  sell
  alcoholic beverages under this section.
5.  Notwithstanding  any provision to the contrary, the commission may
  promulgate any regulations and special rulings and findings  as  may  be
  necessary  for  the  proper  enforcement,  regulation,  and  control  of
  alcoholic beverages in gaming facilities when the commission finds  that
  the  uniqueness  of  gaming  facility operations and the public interest
  require that such regulations, rulings, and findings are appropriate.
6.  Notwithstanding  any  provision  of  law  to  the  contrary,   any
  manufacturer or wholesaler licensed under the alcoholic beverage control
  law  may,  as  authorized under the alcoholic beverage control law, sell
  alcoholic beverages to a gaming facility holding  a  retail  license  or
  permit  to  sell  alcoholic  beverages  for  consumption on the premises
  issued under this section, and any  gaming  facility  holding  a  retail
  license  or  permit  to  sell alcoholic beverages for consumption on the
  premises  issued  under  this  section  may,  as  authorized  under  the
  alcoholic  beverage  control  law,  purchase  alcoholic beverages from a
  manufacturer or wholesaler licensed under the alcoholic beverage control
  law.
7. It shall be unlawful for any person, including any gaming  facility
  licensee or any of its lessees, agents or employees, to expose for sale,
  solicit or promote the sale of, possess with intent to sell, sell, give,
  dispense, or otherwise transfer or dispose of alcoholic beverages in, on
  or  about  any portion of the premises of a gaming facility, unless said
  person possesses a license or permit issued under this section.
8. It shall be unlawful for any person holding a license or permit  to
  sell  alcoholic  beverages  under this section to expose, possess, sell,
  give, dispense, transfer, or otherwise dispose of  alcoholic  beverages,
  other  than  within  the terms and conditions of such license or permit,
  the provisions of the alcoholic beverage  control  law,  the  rules  and
  regulations  promulgated  by  the  state  liquor  authority,  and,  when
  applicable,  the  regulations  promulgated  pursuant  to  this  article.
  Notwithstanding any other provision of law to the contrary the holder of
  a  license  or  permit  issued  under  this section may be authorized to

  provide complimentary alcoholic beverages under  regulations  issued  by
  the commission.
9.  In  issuing  a  casino  alcoholic  beverage license or permit, the
  commission shall describe the scope of the particular license or permit,
  and the restrictions and limitations thereon as it deems  necessary  and
  reasonable.  The  commission  may, in a single casino alcoholic beverage
  license, permit the holder of such a license or permit to perform any or
  all of the following activities, subject to applicable laws,  rules  and
  regulations:
(a)  To  sell  any  alcoholic  beverage  by  the  glass  or other open
  receptacle including, but not limited to,  an  original  container,  for
  on-premise  consumption  within  a  facility; provided, however, that no
  alcoholic beverage shall be sold or given for consumption; delivered  or
  otherwise  brought  to a patron; or consumed at a gaming table unless so
  requested by the patron.
(b) To sell  any  alcoholic  beverage  by  the  glass  or  other  open
  receptacle for on-premise consumption within a gaming facility.
(c)  To  sell  any  alcoholic  beverage  by  the  glass  or other open
  receptacle or in original containers from a room service location within
  an enclosed room not in a gaming facility; provided, however,  that  any
  sale  of alcoholic beverages is delivered only to a guest room or to any
  other room in the gaming facility authorized by the commission.
(d) To possess or to store alcoholic beverages in original  containers
  intended  but  not  actually  exposed  for sale at a fixed location on a
  gaming facility premises, not in a gaming facility; and to  transfer  or
  deliver such alcoholic beverages only to a location approved pursuant to
  this  section;  provided,  however,  that no access to or from a storage
  location shall be permitted except during the normal course of  business
  by  employees  or  agents  of  the licensee, or by licensed employees or
  agents of wholesalers or distributors licensed pursuant to the alcoholic
  beverage control law and  any  applicable  rules  and  regulations;  and
  provided  further,  however,  that no provision of this section shall be
  construed  to  prohibit  a  casino  alcoholic  beverage  licensee   from
  obtaining an off-site storage license from the state liquor authority.
10.  The  commission may revoke, suspend, refuse to renew or refuse to
  transfer any casino alcoholic beverage license or permit, and  may  fine
  or  penalize  the  holder  of  any  alcoholic beverage license or permit
  issued under this  section  for  violations  of  any  provision  of  the
  alcoholic beverage control law, the rules and regulations promulgated by
  the  state  liquor  authority,  and  the  regulations promulgated by the
  commission.
11. Jurisdiction over all  alcoholic  beverage  licenses  and  permits
  previously  issued  with respect to the gaming facility is hereby vested
  in the commission, which in its discretion may by regulation provide for
  the conversion thereof into  a  casino  alcoholic  beverage  license  or
  permit as provided in this section.
12.  (a)  Prior  to  issuing  any  license  under  this  section,  the
  commission, or  its  designee,  shall  consult  with  the  state  liquor
  authority,  or  its  designee, to confirm that such application and such
  gaming facility conforms with all applicable provisions of the alcoholic
  beverage control law, and all applicable rules, regulations,  bulletins,
  orders and advisories promulgated by the state liquor authority;
(b)  Prior  to  commencing  enforcement  actions  against  any  gaming
  facility licensed under this section, the commission, or  its  designee,
  shall  consult  with  the  state liquor authority, or its designee, with
  respect to the application of the applicable provisions of the alcoholic
  beverage control law, and all applicable rules, regulations,  bulletins,

  orders  and  advisories promulgated by the state liquor authority on the
  alleged conduct of such licensee; and
(c)  The  commission,  or  its  designee, shall consult with the state
  liquor authority, or its designee, on a regular basis, but no less  than
  once   every  three  months,  regarding  any  pending  applications  and
  enforcement matters.