2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 8 - Miscellaneous Provisions › 1367 - Sports Wagering.

§  1367.  Sports  wagering.  1. As used in this section and in section
thirteen hundred sixty-seven-a of this title:
(a) "Platform provider" means an entity selected by the commission  to
conduct  mobile  sports  wagering  pursuant  to  a  competitive  bidding
process;
(b) "Authorized sports bettor" means an individual who  is  physically
present  in  this  state  when  placing  a  sports  wager,  who is not a
prohibited sports  bettor,  and  who  participates  in  sports  wagering
offered by a casino or a mobile sports wagering licensee;
(c)  "Casino"  means  a  licensed gaming facility at which gambling is
conducted pursuant to the provisions of this article;
(d)  "Commission"  means  the  New  York   state   gaming   commission
established pursuant to section one hundred two of this chapter;
(e)  "Collegiate  sport  or  athletic event" means a sport or athletic
event offered or sponsored by, or played in connection with a public  or
private   institution   that  offers  educational  services  beyond  the
secondary level;
(f) "Covered persons" includes: athletes; players; umpires;  referees;
officials; personnel associated with players, clubs, teams, leagues, and
athletic   associations;   medical   professionals,  including  athletic
trainers, who provide services to athletes and players; and  the  family
members of these persons;
(g)  "High  school  sport or athletic event" means a sport or athletic
event offered or sponsored by or played in connection with a  public  or
private  institution  that  offers  education  services at the secondary
level;
(h) "In-play sports wager" means a sports wager  placed  on  a  sports
event after the sports event has begun and before it ends;
(i)  "Layoff  bet" means a sports wager placed by a casino sports pool
with another casino sports pool;
(j) "Minor" means any person under the age of twenty-one years;
(k)  "Mobile  sports  wagering  platform"  or  "platform"  means   the
combination  of  hardware,  software,  and data networks used to manage,
administer,  or  control  sports  wagering  and  any  associated  wagers
accessible  by  any  electronic  means including mobile applications and
internet websites accessed via a mobile device or computer;
(l) "Mobile sports wagering operator" means a mobile  sports  wagering
skin  which has been licensed by the commission to operate a sports pool
through a mobile sports wagering platform;
(m) "Mobile sports wagering licensee" means a platform provider and  a
mobile sports wagering operator licensed by the commission;
(n)  "Operator"  means  a casino which has elected to operate a sports
pool;
(o) "Professional sport or athletic event" means an event at which two
or more persons participate in sports or  athletic  events  and  receive
compensation  in  excess  of  actual expenses for their participation in
such event;
(p) "Conduct potentially warranting further investigation"  means  any
statement,   action,  or  other  communication  intended  to  unlawfully
influence, manipulate, or control  a  wagering  outcome  of  a  sporting
contest  or  performance in a sporting contest in exchange for a benefit
or to avoid financial or physical harm. "Conduct potentially  warranting
further  investigation"  may include, but not be limited to, statements,
actions, and communications made to a covered person;
(q) "Professional sports stadium or arena" means a stadium,  ballpark,
or arena in which a professional sport or athletic event occurs;
(r) "Prohibited sports bettor" means:
(i) any officer or employee of the commission;
(ii) any principal or key employee of a casino, mobile sports wagering
licensee,  and  its  affiliates,  except  as  may  be  permitted  by the
commission;
(iii)  any  casino  gaming  or  non-gaming employee at the casino that
employs such person and any gaming or non-gaming employee at the  mobile
sports wagering licensee that employs such person;
(iv)  any  contractor,  subcontractor,  or  consultant,  or officer or
employee of a contractor, subcontractor, or consultant, of a casino or a
mobile sports wagering licensee if such person is directly  involved  in
the  operation  or  observation of sports wagering, or the processing of
sports wagering claims or payments;
(v) any person subject to a  contract  with  the  commission  if  such
contract contains a provision prohibiting such person from participating
in sports wagering;
(vi)  any  spouse,  child, sibling or parent residing in the principal
place of abode of any of the foregoing persons at  the  same  casino  or
mobile sports wagering licensee where the foregoing person is prohibited
from participating in sports wagering;
(vii) any amateur or professional athlete if the sports wager is based
on  any sport or athletic event that the athlete participates in at such
amateur or professional level;
(viii) any sports agent, owner or employee or  independent  contractor
of  a  team,  player  and  umpire union personnel, and employee referee,
coach or official of a sports governing body, if  the  sports  wager  is
based on any sport or athletic event overseen by the individual's sports
governing body;
(ix)  any  individual placing a wager as an agent or proxy for another
person known to be a prohibited sports bettor; or
(x) any minor.
(s) "Prohibited sports event" means a sport or athletic event in which
any New York college team participates regardless  of  where  the  event
takes place, or high school sport or athletic event. The following shall
not be considered prohibited sports events: (i) a collegiate tournament,
and  (ii)  a  sports event within such tournament so long as no New York
college team is participating in that particular sports event;
(t) "Sports event" means any professional sport or athletic event  and
any  collegiate  sport  or  athletic  event,  except a prohibited sports
event;
(u) "Sports governing body" means  the  organization  that  prescribes
final  rules  and  enforces  codes of conduct with respect to a sporting
event and participants therein;
(v) "Sports pool" means the business of accepting wagers on any sports
event by any system or method of wagering;
(w) "Sports wager" means cash or cash equivalent that is  paid  by  an
authorized  sports  bettor  to  a  casino  or  a  mobile sports wagering
licensee to participate in sports wagering offered  by  such  casino  or
mobile sports wagering licensee;
(x) "Sports wagering" means wagering on sporting events or any portion
thereof,  or  on  the  individual  performance  statistics  of  athletes
participating in a sporting event, or combination of sporting events, by
any system or  method  of  wagering,  including,  but  not  limited  to,
in-person  communication  and  electronic communication through internet
websites accessed via a mobile device or  computer,  and  mobile  device
applications; provided however that sports wagers shall include, but are
not limited to, single-game bets, teaser bets, parlays, over-under bets,
money line, pools, in-game wagering, in-play bets, proposition bets, and
straight bets;
(y) "Sports wagering gross revenue" means: (i) the amount equal to the
total  of all sports wagers not attributable to prohibited sports events
that a mobile sports wagering licensee collects from all sports bettors,
less the total of all sums not attributable to prohibited sports  events
paid  out  as winnings to all sports bettors, however, that the total of
all sums paid out as winnings to sports bettors shall  not  include  the
cash  equivalent value of any merchandise or thing of value awarded as a
prize;
(z) "Sports wagering lounge" means an area wherein a  sports  pool  is
operated at a casino for placement of in-person wagers;
(aa)  "Unusual  wagering  activity"  means  abnormal wagering activity
exhibited by patrons  and  deemed  by  the  casino,  the  mobile  sports
wagering  licensee,  or  commission  pursuant  to  rules and regulations
promulgated by the commission, as a potential  indicator  of  suspicious
activity. Abnormal wagering activity may include, but is not limited to,
the  size  of  a  patron's  wager  or  increased  wagering  volume  on a
particular event or wager type;
(bb) "Suspicious wagering activity" means  unusual  wagering  activity
that  cannot  be  explained  and  is  indicative  of  match  fixing, the
manipulation of  an  event,  misuse  of  inside  information,  or  other
prohibited activity; and
(cc)  "Independent  integrity monitor" means an independent individual
or entity approved by the  commission  to  receive  reports  of  unusual
wagering  activity  from  a  casino, mobile sports wagering licensee, or
commission for  the  purpose  of  assisting  in  identifying  suspicious
wagering activity.
2.  (a)  In  addition  to  authorized  gaming activities, a casino may
operate a sports pool  upon  the  approval  of  the  commission  and  in
accordance   with   the   provisions  of  this  section  and  applicable
regulations promulgated pursuant to this article. The  commission  shall
hear  and decide promptly and in reasonable order all applications for a
license to operate a sports pool, shall have the general  responsibility
for  the  implementation of this section and shall have all other duties
specified in this section with regard to the operation of a sports pool.
The license to operate a sports pool shall be in addition to  any  other
license required to be issued to operate a casino. No license to operate
a  sports pool shall be issued by the commission to any entity unless it
has established its financial stability,  integrity  and  responsibility
and its good character, honesty and integrity.
No  later  than five years after the date of the issuance of a license
and every five years thereafter or within such  lesser  periods  as  the
commission  may  direct,  a licensee shall submit to the commission such
documentation  or  information  as  the  commission  may  by  regulation
require, to demonstrate to the satisfaction of the executive director of
the  commission  that the licensee continues to meet the requirements of
the law and regulations.
(b) A sports pool shall  be  operated  in  a  sports  wagering  lounge
located  at  a  casino.  The  lounge  shall  conform to all requirements
concerning square footage,  design,  equipment,  security  measures  and
related  matters  which  the  commission  shall by regulation prescribe.
Provided, however, the commission may also approve additional  locations
for a sports pool within the casino, in areas that have been approved by
the  commission  for  the  conduct  of other gaming, to be operated in a
manner and methodology as regulation shall prescribe.
(c) The operator of a sports pool shall establish or display the  odds
at which wagers may be placed on sports events.
(d) An operator shall accept wagers on sports events only from persons
physically  present in the sports wagering lounge, through mobile sports

wagering offered pursuant to section thirteen hundred  sixty-seven-a  of
this  title, if such operator is also a mobile sports wagering licensee,
or any additional  locations  for  a  sports  pool  within  the  casino,
approved  by the gaming commission. A person placing a wager shall be at
least twenty-one years of age.
(e) An operator or mobile sports wagering  licensee  may  also  accept
layoff  bets  as  long  as the authorized sports pool places such wagers
with  another  authorized  sports  pool  or  pools  in  accordance  with
regulations  of  the  commission. A sports pool that places a layoff bet
shall inform the sports pool accepting the wager that the wager is being
placed by a sports pool and shall disclose its identity.
(f) An operator or mobile sports wagering licensee may utilize  global
risk management pursuant to the approval of the commission.
(g)  An  operator  or  mobile sports wagering licensee shall not admit
into the sports wagering lounge, or accept wagers from, any person whose
name appears on the exclusion list.
(h) The holder of a license to operate a sports pool may contract with
an entity to conduct that operation, in accordance with the  regulations
of the commission. That entity shall obtain a license as a casino vendor
enterprise prior to the execution of any such contract, and such license
shall be issued pursuant to the provisions of section one thousand three
hundred  twenty-seven  of  this  article  and  in  accordance  with  the
regulations promulgated by the commission.
(i) If any provision of this article or its application to any  person
or  circumstance  is held invalid, the invalidity shall not affect other
provisions or applications of this article which  can  be  given  effect
without  the  invalid  provision  or  application,  and  to this end the
provisions of this article are severable.
3. (a) All persons employed directly  in  wagering-related  activities
conducted  within a sports wagering lounge shall be licensed as a casino
key employee or registered as a gaming employee, as  determined  by  the
commission.  All  other employees who are working in the sports wagering
lounge may be required to be registered, if appropriate,  in  accordance
with regulations of the commission.
(b)  Each operator of a sports pool shall designate one or more casino
key employees who shall be responsible for the operation of  the  sports
pool.  At  least  one  such casino key employee shall be on the premises
whenever sports wagering is conducted.
4. Except as otherwise provided by this article, the commission  shall
have  the  authority  to regulate sports pools and the conduct of sports
wagering under this article to  the  same  extent  that  the  commission
regulates  other  gaming.  No  casino or mobile sports wagering licensee
shall be authorized to operate a sports  pool  unless  it  has  produced
information,  documentation,  and  assurances  concerning  its financial
background and resources, including cash reserves, that  are  sufficient
to  demonstrate  that  it  has  the  financial stability, integrity, and
responsibility to  operate  a  sports  pool.  In  developing  rules  and
regulations  applicable to sports wagering, the commission shall examine
the regulations implemented in other states  where  sports  wagering  is
conducted  and  shall, as far as practicable, adopt a similar regulatory
framework. The commission  shall  promulgate  regulations  necessary  to
carry out the provisions of this section, including, but not limited to,
regulations governing the:
(a)  amount  of  cash  reserves to be maintained by casinos and mobile
sports wagering licensees to cover winning wagers;
(b) acceptance of wagers on a series of sports events;
(c) maximum wagers which may be accepted by a casino or mobile  sports
wagering licensee from any one patron on any one sports event;
(d) type of wagering tickets which may be used;
(e) method of issuing tickets;
(f)  method  of  accounting  to  be  used by casinos and mobile sports
wagering licensees;
(g) types of records which shall be kept;
(h) use of credit and checks by authorized sports bettors;
(i) the process by which a casino may place a layoff bet;
(j) the use of global risk management;
(k) type of system for wagering; and
(l) protections for a person placing a wager.
5. Each  casino  and  mobile  sports  wagering  licensee  shall  adopt
comprehensive  house  rules  governing sports wagering transactions with
its authorized sports bettors. The rules shall specify the amounts to be
paid on winning wagers and the effect of  schedule  changes.  The  house
rules,   together  with  any  other  information  the  commission  deems
appropriate, shall be conspicuously displayed  in  the  sports  wagering
lounge  and included in the terms and conditions of the account wagering
system, and copies shall be made readily available to authorized  sports
bettors.  Mobile sports wagering operators shall develop and prominently
display procedures on the main  page  of  such  mobile  sports  wagering
operator's  platform  for  the filing of complaints by authorized sports
bettors  against  such  mobile  sports  wagering  operator.  An  initial
response  shall be given by such mobile sports wagering operator to such
bettor  filing  the  complaint  within  forty-eight  hours.  A  complete
response  shall be given by such mobile sports wagering operator to such
bettor filing the complaint within  ten  business  days.  An  authorized
sports  bettor  may  file  a  complaint  alleging  a  violation  of  the
provisions of this article with the commission.
6. (a) Each casino and mobile sports  wagering  operator  that  offers
sports  wagering  shall  annually  submit  a report to the commission no
later than the twenty-eighth of  February  of  each  year,  which  shall
include the following information:
(i)  the total amount of sports wagers received from authorized sports
bettors;
(ii) the total amount of prizes awarded to authorized sports bettors;
(iii) the total amount of sports wagering gross  revenue  received  by
the casino or mobile sports wagering operator;
(iv)  the  total  amount  of  wagers received on each sports governing
body's sporting events;
(v) the number of accounts held by authorized sports bettors;
(vi) the total number of new accounts  established  in  the  preceding
year,  as well as the total number of accounts permanently closed in the
preceding year;
(vii) the total number of authorized sports bettors that requested  to
exclude  themselves in a prior year who participated in sports wagering;
and
(viii) any additional information that the commission deems  necessary
to carry out the provisions of this article.
(b)  The  commission  shall  annually  publish  a  report based on the
aggregate information provided by all casinos and mobile sports wagering
operators pursuant to paragraph (a) of this subdivision, which shall  be
published  on  the commission's website no later than one hundred eighty
days after the deadline for the  submission  of  individual  reports  as
specified in such paragraph (a).
7.  For  the  privilege  of  conducting  sports wagering in the state,
casinos shall pay a tax  equivalent  to  ten  percent  of  their  sports
wagering  gross  gaming  revenue, excluding sports wagering gross gaming
revenue attributed to mobile sports wagering offered pursuant to section

thirteen hundred sixty-seven-a of this title. Platform  providers  shall
pay a tax constituting a certain percentage of the sports wagering gross
gaming revenue attributed to mobile sports wagering offered through such
platform  provider's  platform  pursuant  to  section  thirteen  hundred
sixty-seven-a of this title;  provided  however,  that  such  percentage
shall  be determined pursuant to a competitive bidding process conducted
by the commission as outlined in subdivision seven of  section  thirteen
hundred  sixty-seven-a  of  this  title; and provided further, that such
percentage shall be no  lower  than  twelve  percent.  When  awarding  a
license  pursuant  to  section  thirteen  hundred  sixty-seven-a of this
title, the commission may set graduated  tax  rates;  provided  however,
that  any  such  tax  rates  may  not  be  lower  than  the minimum rate
established in this subdivision.
8. Notwithstanding section thirteen hundred fifty-one of this article,
mobile sports wagering gross gaming revenue and  tax  revenue  shall  be
excluded  from  sports  wagering  gross  gaming revenue and tax revenue.
Mobile sports wagering tax revenue shall be  separately  maintained  and
returned  to  the  state  for  deposit  into  the state lottery fund for
education aid except as otherwise  provided  in  this  subdivision.  Any
interest  and  penalties  imposed  by  the  commission relating to those
taxes, all penalties levied and collected by  the  commission,  and  the
appropriate  funds,  cash or prizes forfeited from sports wagering shall
be deposited into the state lottery fund for  education.  In  the  first
fiscal   year   in  which  mobile  sports  wagering  licensees  commence
operations and accept mobile sports wagers pursuant to this section, the
commission shall pay into the commercial gaming fund one percent of  the
state  tax  imposed  on  mobile  sports  wagering  by this section to be
distributed  for  problem  gambling  education  and  treatment  purposes
pursuant to paragraph a of subdivision four of section ninety-seven-nnnn
of  the  state  finance law; provided however, that such amount shall be
equal to six million dollars for each fiscal  year  thereafter.  In  the
first  fiscal  year  in  which mobile sports wagering licensees commence
operations and accept mobile sports wagers pursuant to this section, the
commission shall pay one percent of the  state  tax  imposed  on  mobile
sports  wagering  by  this  section to the general fund, a program to be
administered by the  office  of  children  and  family  services  for  a
statewide  youth  sports  activities and education grant program for the
purpose of providing annual awards to sports  programs  for  underserved
youth  under  the  age  of  eighteen  years; provided however, that such
amount shall be equal to five  million  dollars  for  each  fiscal  year
thereafter.  The commission shall require at least monthly deposits by a
platform provider of any payments pursuant to subdivision seven of  this
section,  at such times, under such conditions, and in such depositories
as shall be prescribed by the state comptroller. The deposits  shall  be
deposited to the credit of the state commercial gaming revenue fund. The
commission  shall  require a monthly report and reconciliation statement
to be filed with it on or before the  tenth  day  of  each  month,  with
respect  to gross revenues and deposits received and made, respectively,
during the preceding month.
9. The commission may perform audits of the books  and  records  of  a
casino  or  mobile  sports  wagering  licensee  pursuant  to section one
hundred four of this chapter.
10. Nothing in this section shall apply to interactive fantasy  sports
offered  pursuant  to  article fourteen of this chapter. Nothing in this
section authorizes any entity that conducts interactive  fantasy  sports
offered  pursuant  to article fourteen of this chapter to conduct sports
wagering unless it separately qualifies for, and obtains,  authorization
pursuant to this section.
11.  A sports governing body may notify the commission that it desires
to restrict, limit, or  exclude  wagering  on  its  sporting  events  by
providing  notice  in the form and manner as the commission may require.
Upon receiving such notice, the commission shall review the  request  in
good  faith,  seek  input  from  the  casinos  or mobile sports wagering
licensees on such a request, and if the commission deems it appropriate,
promulgate regulations to restrict such sports wagering.
12.  (a)  When  potential  criminal  activity  is  suspected  by   the
commission,  the  commission  shall  designate the division of the state
police to have primary responsibility for assisting  the  commission  in
conducting  investigations into unusual wagering activity, match fixing,
and other conduct that corrupts a wagering outcome of a  sporting  event
or events.
(b)  Casinos  and  mobile  sports  wagering  licensees  shall maintain
records of sports wagering operations  in  accordance  with  regulations
promulgated  by  the  commission. These regulations shall, at a minimum,
require a casino or mobile sports wagering operator to adopt  procedures
to  obtain  personally  identifiable information from any individual who
places any single wager in an amount of ten thousand dollars or  greater
or making a potential payout or actual payout of ten thousand dollars or
greater on a winning wager.
(c)  Casinos,  mobile  sports  wagering licensees and sports governing
bodies shall  cooperate  with  the  commission  to  ensure  the  timely,
efficient, and accurate sharing of information.
(d)  Casinos,  mobile  sports  wagering licensees and sports governing
bodies shall cooperate with investigations conducted by  the  commission
or  law  enforcement agencies, including but not limited to providing or
facilitating the provision of  account-level  wagering  information  and
audio  or  video  files  relating  to  persons placing wagers; provided,
however, that the casino and mobile sports wagering operator  shall  not
be  required  to  share  any  personally  identifiable information of an
authorized sports bettor with any sports governing body  unless  ordered
to  do  so  by  the  commission,  a  law  enforcement agency or court of
competent jurisdiction.
(e) (i) Casinos and mobile sports wagering  licensees  shall  promptly
report  to  the  commission  and  any  third  party integrity monitoring
provider approved by the commission, as  applicable  and  in  accordance
with   rules   and   regulations  established  by  the  commission,  any
information relating to:
(1) criminal or disciplinary proceedings commenced against the  casino
or mobile sports wagering licensee in connection with its operations;
(2)  unusual wagering activity or patterns that may indicate a concern
with the integrity of a sporting event or events;
(3) any potential breach  of  the  relevant  sports  governing  body's
internal  rules  and  codes of conduct pertaining to sports wagering, as
they have been provided by the sports governing body to  the  casino  or
the mobile sports wagering operator;
(4)  any  other conduct that corrupts a wagering outcome of a sporting
event or events, including match fixing; and
(5) suspicious or illegal wagering activities, including use of  funds
derived  from  illegal  activity,  wagers  to  conceal  or launder funds
derived from illegal activity,  using  agents  to  place  wagers,  using
confidential non-public information, and using false identification.
(ii)   The  commission  may  share  information  relating  to  conduct
described in clauses two, three and four of  subparagraph  (i)  of  this
paragraph with the relevant sports governing body.
(iii)  The  commission  shall  be  authorized to share any information
under this  section  with  any  law  enforcement  entity,  team,  sports

governing  body,  or regulatory agency the commission deems appropriate.
Such sharing of information may include, but is not limited to,  account
level  wagering  information and any audio or video files related to the
investigation.
(iv)  A  casino  or mobile sports wagering licensee may be required to
share any personally identifiable information of  an  authorized  sports
bettor  with  a sports governing body only pursuant to an order to do so
by the commission, a law enforcement agency  or  a  court  of  competent
jurisdiction.
(f)  The  confidentiality  of  information  shared  between  a  sports
governing body and a casino or a mobile sports wagering  operator  shall
be  maintained  pursuant  to  all  applicable  data privacy laws, unless
disclosure is required by this section, the commission,  other  law,  or
court  order.  Furthermore,  the  information  shared  between  a sports
governing body, a casino, a mobile sports wagering operator or any other
party pursuant to this act may not be used  for  business  or  marketing
purposes  by  the  recipient without the express written approval of the
party that provides such information.
(g) The commission, by regulation, may authorize  and  promulgate  any
rules necessary to implement agreements with other states, or authorized
agencies  thereof  to  enable  the  sharing of information to facilitate
integrity monitoring and the conduct  of  investigations  into  abnormal
wagering  activity,  match  fixing,  and  other  conduct that corrupts a
wagering outcome of a sporting event or events.
(h) In the event of the  creation  of  an  entity  that  maintains  an
interstate  database  of  sports wagering information for the purpose of
integrity monitoring, the commission may share information and cooperate
with such entity pursuant to regulations promulgated by the commission.
(i)  Casinos  and  mobile  sports  wagering  licensees   shall   adopt
procedures  to  prevent  persons  from wagering on sports events who are
prohibited from  placing  sports  wagers.  A  casino  or  mobile  sports
wagering licensee shall not accept wagers from any person:
(i)  whose  name  appears  on  the  exclusion  list  maintained by the
commission  and  provided  to  the  casino  or  mobile  sports  wagering
licensee;
(ii)  whose  name appears on any self-exclusion list maintained by the
commission  and  provided  to  the  casino  or  mobile  sports  wagering
licensee;
(iii)  who  is  the operator, director, officer, owner, or employee of
the casino or mobile sports wagering  licensee  or  any  spouse,  child,
sibling  or  parent  living in the same principal place of abode as such
individual;
(iv) who has been identified as a prohibited sports bettor in  a  list
provided  by  the  sports governing body to the commission and casino or
mobile sports wagering operator, that identifies the individual by  such
personally   identifiable   information   as   specified  by  rules  and
regulations promulgated by the commission; or
(v) who is an agent or proxy for a prohibited sports bettor.
(j) The commission shall establish a method  of  communication,  which
may  include,  but  is  not  limited  to a website form, that allows any
person to confidentially report information  about  conduct  potentially
warranting  further investigation to the commission. The identity of any
person reporting conduct potentially warranting further investigation to
the commission shall remain confidential unless that  person  authorizes
disclosure  of  his or her identity or until such time as the allegation
of conduct potentially warranting further investigation is  referred  to
law  enforcement.  The  commission  shall promulgate rules governing the

investigation and resolution of a charge of any person purported to have
engaged in conduct potentially warranting further investigation.
13.  The  commission  shall  promulgate rules that require a casino or
mobile  sports  wagering  licensees  to  implement  responsible   gaming
programs  that include comprehensive employee trainings on responding to
circumstances in which individuals present signs of a gambling addiction
and requirements for casinos and mobile sports wagering licensees  under
section thirteen hundred sixty-seven-a of this title to assess, prevent,
and  address  problem  gaming by such casino's or mobile sports wagering
licensee's users.
14. For purposes of wager determination, the commission shall  provide
a preference for the use of official league data unless the use of other
objective  wager  determination  criteria  has  been  justified  to  the
satisfaction of the commission.
15. The conduct of sports wagering in violation  of  this  section  is
prohibited.
16.  (a)  In  addition  to  any  criminal penalties provided for under
article two hundred twenty-five of the  penal  law,  any  person,  firm,
corporation,  association,  agent, or employee, who is not authorized to
offer sports wagering under this section  or  section  thirteen  hundred
sixty-seven-a  of  this  title,  and who knowingly offers or attempts to
offer sports wagering or mobile sports wagering in  New  York  shall  be
liable for a civil penalty of not more than one hundred thousand dollars
for  each  violation,  not to exceed five million dollars for violations
arising out of the same transaction or occurrence, which shall accrue to
the state and may be recovered in a civil action brought by the attorney
general.
(b) Any person, firm, corporation, association, agent, or employee who
knowingly violates any procedure  implemented  under  this  section,  or
section  thirteen  hundred  sixty-seven-a of this title, shall be liable
for a civil penalty as described in section one hundred sixteen of  this
chapter  which shall accrue to the state and may be recovered in a civil
action brought by the commission.