Local and Zoning Approval
Before the Gaming Facility Location Board may evaluate a casino application:
- A local Community Advisory Committee will be created for each application to gauge local support, and ultimately issue a finding determining whether there is adequate support for the proposed project.
- Each applicant’s proposed project must successfully navigate the local municipal zoning process.
For any proposed gaming facility in New York City, all applicable zoning provisions must be subject to the Uniform Land Use Review Procedure (ULURP) of the New York City Charter, if such provisions would otherwise be applicable. The determination on whether gaming is a permissible use or activity pursuant to ULURP cannot be overridden by mayoral zoning override, special permit process, or any other action or decision that preempts, circumvents, or supersedes the usual and customary local zoning process.
The Board will review all Applications collectively.
As the RFA provides, the Board will establish a timeline providing all Applicants a reasonable amount of time to obtain zoning approval for their proposed projects.
Only those Applications that have been approved by a Community Advisory Committee and obtained zoning approval within this timeline will be considered by the Board.
Community Advisory Committees
For each application submitted, a Community Advisory Committee (CAC) will be created to review the application, gauge local support, and ultimately issue a finding determining whether there is adequate support for the proposed project. This affirmative finding is a requirement for the application to be considered by the GFLB.
CACs are expected to hold public hearings and will be subject to the New York State Open Meetings Law.
The Commission may hire a consultant to assist and manage the CAC process.
Each CAC will:
- Elect a Chair at its first meeting
- Solicit and review public comments (written, electronic, oral, etc.)
- Hold public meetings
Ultimately, each CAC must hold a vote – with a two-thirds threshold – to establish public support approving or disapproving the application.
The GFLB can consider only applications that are approved by a two-thirds threshold of the applicable CAC.
Community Advisory Committee Membership
The membership of each Community Advisory Committee depends on the proposed site location, with members being appointed by applicable elected officials:
Within New York City (6 members):
- NYS Governor
- NYC Mayor
- Applicable NYS Senator
- Applicable NYS Assemblymember
- Applicable Borough President
- Applicable City Councilmember
Outside NYC (5 members):
- NYS Governor
- Applicable County Executive
- Applicable NYS Senator
- Applicable NYS Assemblymember
- Applicable locality’s senior elected official:
- City: Mayor
- Town: Town Supervisor
- Village: Jointly by the Village Mayor and the Town Supervisor