§ 1340. Alcoholic beverages. 1. Notwithstanding any law to the\ncontrary, the authority to grant any license or permit for, or to permit\nor prohibit the presence of, alcoholic beverages in, on, or about any\npremises licensed by the commission as part of a gaming facility, or in,\non, or about any Indian gaming facility, shall exclusively be vested in\nthe commission. As used in this section, the term "Indian gaming\nfacility" shall mean a premises duly authorized by a tribal gaming\nauthority to conduct class II gaming, class III gaming, or both, as such\nterms are defined in 25 USC 2703, pursuant to the Indian Gaming\nRegulatory Act of 1988, which includes a gaming area or areas, and any\nother non-gaming structure related to the gaming area as an amenity,\nincluding but not limited to hotels, restaurants, golf courses, golf\nclubhouses and other amenities, where such premises is licensed and\nregulated by an Indian tribe that has elected commission oversight\npursuant to subdivision one-a of this section. This section shall not be\nconstrued to apply to any provision of New York law other than this\nsection, to any Indian gaming facility that would not otherwise apply to\nthe Indian gaming facility absent this section, or to apply to this\nsection to any premises licensed and regulated by an Indian tribe that\nhas not elected to be treated as an Indian gaming facility for purposes\nof this section pursuant to subdivision one-a of this section.\n 1-a. An Indian tribe may elect for the state to treat all premises\nauthorized by such tribe's tribal gaming authority to conduct class II\ngaming, class III gaming, or both, as an Indian gaming facility for the\npurposes of licensure and regulation under this section, by notifying\nthe commission and the state liquor authority, in writing, within sixty\ndays of the effective date of this subdivision, that it elects\ncommission oversight pursuant to the provisions of this section. Upon\nreceipt of notice by the commission that a tribe has made such an\nelection under this subdivision, any premises authorized by such tribe's\ntribal gaming authority to conduct class II gaming, class III gaming, or\nboth, shall be considered an Indian gaming facility, as defined in\nsubdivision one of this section, for purposes of this section, and the\ncommission shall assume jurisdiction over all alcoholic beverage\nlicenses and permits previously issued with respect to any Indian gaming\nfacility licensed and regulated by that tribe pursuant to subdivision\neleven of this section. As a condition of electing commission oversight\npursuant to this section, an Indian gaming facility shall expressly\ncommit in writing to follow the requirements imposed under this section,\nto adhere to the regulations promulgated by the commission pursuant to\nthis section, and to submit to the commission's enforcement of this\nsection and regulations promulgated thereunder including by waiving\ntribal sovereign immunity for the sole and limited purpose of such\nenforcement of this section. An Indian gaming facility that does not\nelect commission oversight in accordance with the requirements of this\nsection shall remain subject to any other applicable state law governing\nthe licensure and regulation of alcoholic beverages in, on, or about the\nIndian gaming facility.\n 2. Unless otherwise stated, and except where inconsistent with the\npurpose or intent of this article or the common understanding of usage\nthereof, definitions contained in the alcoholic beverage control law\nshall apply to this section. Any definition contained therein shall\napply to the same word in any form.\n 3. Notwithstanding any provision of the alcoholic beverage control law\nto the contrary, the commission shall have the functions, powers and\nduties of the state liquor authority but only with respect to the\nissuance, renewal, transfer, suspension and revocation of licenses and\npermits for the sale of alcoholic beverages at retail for
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