Section 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.
    * NB Effective until January 1, 2018
    * 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
  racetrack.  Such  rules and regulations shall provide, as a condition of
  licensure, that such racetrack is 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.
    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.
    * NB Separately amended; amendments cannot be put together
      Ch. 140/2008  §13  Effective January 1, 2018&Repealed December 31,
        2033
    * 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  a  vendor  track
  pursuant  to  clause  (G)  of  subparagraph  (ii)  of  paragraph  one of
  subdivision b of section sixteen hundred twelve of  this  article.  Such
  rules  and  regulations shall provide, as a condition of licensure, that
  such racetrack 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.
    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.
    * NB Separately amended; amendments cannot be put together
      Ch. 286/2008 §5 Effective January 1, 2018& Repealed  December  31,
        2050
    b.  Video  lottery  gaming  shall  only  be permitted for no more than
  sixteen consecutive hours per day and on no day shall such operation  be
  conducted past 2:00 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.
    ** NB Repealed December 31, 2033 per 140/2008 §12
    ** NB Repealed December 31, 2050 per 286/2008 §4