Casino Alcoholic Beverage Licenses
NY-ADR
12/28/16 N.Y. St. Reg. SGC-42-16-00002-A
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 52
December 28, 2016
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
NOTICE OF ADOPTION
I.D No. SGC-42-16-00002-A
Filing No. 1147
Filing Date. Dec. 13, 2016
Effective Date. Dec. 28, 2016
Casino Alcoholic Beverage Licenses
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 5328 to Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1), 1340(1), (5), (8) and (11)
Subject:
Casino alcoholic beverage licenses.
Purpose:
To regulate the presence and sale of alcoholic beverages on the premises of gaming facilities.
Text or summary was published
in the October 19, 2016 issue of the Register, I.D. No. SGC-42-16-00002-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, One Broadway Center, P.O. Box 7500, Schenectady, New York 12301, (518) 388-3407, email: [email protected]
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The Gaming Commission received one comment from Bolton St. Johns on behalf of Capital Region Gaming, LLC in regard to this proposed rulemaking. The Commission has considered the comment received and decided that no changes were appropriate at this time. In particular, the commentator proposed adding a paragraph to proposed Rule 5328.7 to allow the service of alcoholic beverages between the hours of 4:00 a.m. and 8:00 a.m. Monday through Saturday and 4:00 a.m. and 10:00 a.m. on Sunday. The commentator stated the gaming facilities would be bound by the limitations in the Alcoholic Beverage Control Law absent the additional language. The Commission believes the commentator is mistaken because Racing, Pari-Mutuel Wagering and Breeding Law section 1340 grants the Commission the appropriate power in statute and proposed Rule, as drafted, to allow for the extended alcohol serving hours. The Commission declines to accept this comment.
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