New York Laws
Title 5 - Requirements for Conduct and Operation of Gaming
1340 - Alcoholic Beverages.

(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 or Indian
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 or Indian 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 or
Indian 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 or Indian gaming facility premises, not in a gaming
facility or Indian 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 or Indian gaming facility 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 or Indian gaming facility 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 or Indian gaming
facility is hereby vested in the commission, which in its discretion
shall by regulation, rule, or policy promptly provide for the conversion
thereof into a casino or Indian gaming facility alcoholic beverage
license or permit as provided in this section. This section shall not be
construed to affect the validity of any existing licenses and permits
previously issued to an Indian gaming facility by the state liquor
authority, or the continuation of any administrative actions or
proceedings commenced by the state liquor authority prior to the
effective date of the chapter of the laws of 2019 that amended this
section. Any such license or permit previously issued to an Indian
gaming facility by the state liquor authority shall remain valid until
the date that such license or permit is duly converted pursuant to this
subdivision into a license or permit issued by the commission, and the
commission shall assume exclusive jurisdiction over any such previously
issued license or permit, and over any such previously commenced
administrative actions or proceedings.
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 or Indian 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 or Indian 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.