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S788Senate2009-2010 Session

Permits all bars and restaurants to be able to offer Quick Draw irrespective of the percentage of sales from food

Sponsor James S. AlesiSD-55Affects Finance
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Sponsors

Primary sponsor
James S. Alesi

Senator · Senate District 55

No co-sponsors yet.

History

  1. Reported and committed to rules
  2. Reported and committed to finance
  3. Referred to racing, gaming and wagering
  4. Referred to racing, gaming and wagering

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the tax law, in relation to permitting all bars and restaurants to be able to offer Quick Draw irrespective of the percentage of sales from food

Purpose

To create a means by which small business owners may maintain and/or supplement for income lost due to a decrease in patronage from the newly implemented smoking ban. This legislation would permit all bar and tavern owners to install Quick Draw equipment.

Summary of provisions

Section 1 of the bill amends section 1612(a) (1) (B) (i) of the Tax Law and enacts a new article, which permits an establishment that holds a license for on-premises alcohol consumption to be able to offer Quick Draw if less than 25% of their gross sales results from the sale of food. This new section would remove the current requirement that a business must realize 25% or more of its gross sales from food in order to offer Quick Draw.

Section 2 amends section 1615(d) (5) of the Tax Law which deals with reporting requirements for lottery games by updating the reference to Quick Draw to reflect the renumbered subsections.

Section 3 provides the bill is effective immediately provided the amendments made to subparagraph (B) of paragraph 1 of subdivision a of section 1612 of the tax law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; provided further that amendments to paragraph 5 of subdivision d of section 1615 of the tax law made by section two of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.

Existing law

The current law establishes that at least 25% of the total gross sales of an establishment selling Quick Draw must be realized by the sale of food.

Justification

As a result of the smoking ban, many New York State bar and tavern owners have lost patrons as well as income. This amendment would create an incentive for patrons to spend money by allowing all bars and taverns to sell Quick Draw regardless of the percentage of food sales it maintains. In addition, Quick Draw sales will increase both the amount of revenue for small business owners as well as for the state lottery.

The original restriction on food sales was implemented to reduce incidences of drinking and gambling without eating, believing that it is less likely that a person will become intoxicated if they are eating. However, there is no proof that the individuals who play Quick Draw actually eat while they are drinking nor is there proof that more drinking customers play Quick Draw than non-drinking customers. with any other lottery/gambling game, there is no monitoring of alcohol and/or food intake. This legislation will give all bar and tavern owners the option to have a Quick Draw machine regardless of food sales requirements.

Legislative history

2003-2004: S.5942 - Passed Senate; 2005-2006: S.3585 - Passed Senate; 2007-2008 - Racing and Wagering

Fiscal implications

Not yet determined.

Local fiscal implications

Not yet determined.

Effective date

Immediately, with provisions.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.