2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 5 - Requirements for Conduct and Operation of Gaming › 1335 - Games and Gaming Equipment.

§  1335.  Games  and  gaming  equipment.  1. This article shall not be
construed to permit any gaming except the conduct of authorized games in
a casino in accordance with this article and the regulations promulgated
hereunder.
2. Gaming equipment shall not be possessed, maintained or exhibited by
any person on the premises of a gaming facility except in a casino or in
restricted casino areas used for the inspection, repair  or  storage  of
such  equipment  and  specifically  designated  for  that purpose by the
gaming facility licensee with the approval  of  the  commission.  Gaming
equipment  that  supports the conduct of gaming in a gaming facility but
does not permit or require patron access,  such  as  computers,  may  be
possessed  and  maintained  by a gaming facility licensee or a qualified
holding or  intermediary  company  of  a  gaming  facility  licensee  in
restricted  areas  specifically  approved  by  the commission. No gaming
equipment shall be possessed, maintained,  exhibited,  brought  into  or
removed  from  a  gaming facility by any person unless such equipment is
necessary to the conduct of an authorized game, has permanently affixed,
imprinted, impressed or engraved thereon  an  identification  number  or
symbol authorized by the commission, is under the exclusive control of a
gaming  facility licensee or gaming facility licensee's employees, or of
any individually qualified employee  of  a  holding  company  or  gaming
facility  licensee  and  is  brought  into  or  removed  from the gaming
facility following twenty-four hour prior notice given to an  authorized
agent of the commission.
Notwithstanding   any   other  provision  of  this  section,  computer
equipment used by the slot system operator of a multi-casino progressive
slot system to link and communicate with the slot  machines  of  two  or
more  gaming  facility  licensees  for  the  purpose  of calculating and
displaying the amount of a progressive jackpot, monitoring the operation
of the system, and any other purpose that the commission deems necessary
and appropriate to the operation  or  maintenance  of  the  multi-casino
progressive  slot  machine  system  may,  with the prior approval of the
commission, be possessed, maintained and operated  by  the  slot  system
operator  either  in  a  restricted  area  on  the  premises of a gaming
facility or  in  a  secure  facility  inaccessible  to  the  public  and
specifically  designed  for  that  purpose  off the premises of a gaming
facility with the written permission of the commission.  Notwithstanding
the  foregoing,  a person may, with the prior approval of the commission
and  under  such  terms  and  conditions  as  may  be  required  by  the
commission,  possess,  maintain or exhibit gaming equipment in any other
area of the gaming facility, provided that such equipment  is  used  for
nongaming  purposes. Notwithstanding any other provision of this article
to the contrary,  the  commission  may,  by  regulation,  authorize  the
linking  of  slot  machines of one or more gaming facility licensees and
slot machines located in casinos licensed by another state of the United
States. Wagering and account information for a multi-state  slot  system
shall  be transmitted by the operator of such multi-state slot system to
either a restricted area on the premises of a gaming facility  or  to  a
secure facility inaccessible to the public and specifically designed for
that  purpose  with  the  written permission of the commission, and from
there to slot  machines  of  gaming  facility  licensees,  provided  all
locations are approved by the commission.
3.  Each  gaming  facility  shall  contain a count room and such other
secure facilities as may be required by the commission for the  counting
and  storage  of  cash, coins, tokens, checks, plaques, gaming vouchers,
coupons, and other devices or  items  of  value  used  in  wagering  and
approved  by  the  commission that are received in the conduct of gaming
and for the inspection, counting and storage of dice, cards,  chips  and

other   representatives   of  value.  The  commission  shall  promulgate
regulations for the security of drop boxes and other  devices  in  which
the  foregoing  items  are  deposited  at  the  gaming tables or in slot
machines, and all areas wherein such boxes and devices are kept while in
use,  which  regulations  may include certain locking devices. Said drop
boxes and other devices shall not be brought  into  or  removed  from  a
gaming  facility,  or  locked or unlocked, except at such times, in such
places, and according to such procedures as the commission may require.
4. All chips used in gaming shall be of such size and uniform color by
denomination as the commission shall require by regulation.
5. All gaming shall be conducted according to rules promulgated by the
commission. All wagers and pay-offs of  winning  wagers  shall  be  made
according  to rules promulgated by the commission, which shall establish
such limitations as may be necessary to assure the  vitality  of  casino
operations  and  fair  odds  to  patrons. Each slot machine shall have a
minimum payout of eighty-five percent.
6. Each gaming facility licensee shall make available in printed  form
to  any  patron  upon  request  the  complete  text  of the rules of the
commission regarding games  and  the  conduct  of  gaming,  pay-offs  of
winning  wagers, an approximation of the odds of winning for each wager,
and such other advice to the player as  the  commission  shall  require.
Each  gaming  facility  licensee shall prominently post within a casino,
according to regulations of the commission such information about gaming
rules, pay-offs of winning wagers, the odds of winning for  each  wager,
and such other advice to the player as the commission shall require.
7.  Each  gaming  table  shall  be equipped with a sign indicating the
permissible minimum and maximum wagers pertaining thereto. It  shall  be
unlawful  for  a  gaming  facility  licensee  to require any wager to be
greater than the  stated  minimum  or  less  than  the  stated  maximum;
provided,  however,  that  any  wager  actually made by a patron and not
rejected by a gaming facility licensee prior to the commencement of play
shall be treated as a valid wager.
8. Testing of slot machines and  associated  devices.  (a)  Except  as
herein  provided, no slot machine shall be used to conduct gaming unless
it is identical in all electrical, mechanical and  other  aspects  to  a
model thereof which has been specifically tested and licensed for use by
the commission. The commission shall also test or cause to be tested any
other   gaming   device,  gaming  equipment,  gaming-related  device  or
gross-revenue  related  device,  such  as  a  slot  management   system,
electronic  transfer  credit system or gaming voucher system as it deems
appropriate. In its discretion and for the  purpose  of  expediting  the
approval  process,  the commission may utilize the services of a private
testing laboratory that has obtained  a  plenary  license  as  a  casino
vendor   enterprise  to  perform  the  testing,  and  may  also  utilize
applicable data from any such  private  testing  laboratory  or  from  a
governmental  agency of a state authorized to regulate slot machines and
other gaming  devices,  gaming  equipment,  gaming-related  devices  and
gross-revenue  related  devices  used  in gaming, if the private testing
laboratory  or  governmental   agency   uses   a   testing   methodology
substantially  similar  to  the  methodology approved or utilized by the
commission. The commission, in its discretion, may rely  upon  the  data
provided  by  the  private testing laboratory or governmental agency and
adopt the conclusions of such private testing laboratory or governmental
agency regarding any submitted device.
(b) Except as otherwise provided in paragraph (e) of this subdivision,
the commission shall, within sixty days of its  receipt  of  a  complete
application  for the testing of a slot machine or other gaming equipment
model, approve or reject the slot  machine  or  other  gaming  equipment

model.  In  so  doing,  the commission shall specify whether and to what
extent any data from a private testing laboratory or governmental agency
of a state was used in reaching its conclusions and  recommendation.  If
the  commission  is  unable to complete the testing of a slot machine or
other  gaming  equipment  model  within  this  sixty  day  period,   the
commission  may  conditionally  approve the slot machine or other gaming
equipment model for test use by a gaming facility licensee provided that
the commission represents that the use of  the  slot  machine  or  other
gaming  equipment  model  will  not have a direct and materially adverse
impact on the integrity of gaming or the control of gross  revenue.  The
commission  shall give priority to the testing of slot machines or other
gaming equipment that a gaming facility licensee has certified  it  will
use in its gaming facility in this state.
(c)  The  commission  shall,  by  regulation, establish such technical
standards for licensure  of  slot  machines,  including  mechanical  and
electrical     reliability,     security    against    tampering,    the
comprehensibility of wagering, and noise and light  levels,  as  it  may
deem  necessary  to  protect  the  player from fraud or deception and to
insure the integrity of gaming. The denominations of such machines shall
be set by the licensee; the licensee  shall  simultaneously  notify  the
commission of the settings.
(d)  The  commission  shall,  by regulation, determine the permissible
number and density of slot machines in a licensed gaming facility so  as
to:
(1) promote optimum security for gaming facility operations;
(2)  avoid  deception  or  frequent  distraction  to players at gaming
tables;
(3) promote the comfort of patrons;
(4) create and maintain a gracious playing environment in  the  gaming
facility; and
(5)  encourage  and preserve competition in gaming facility operations
by assuring that a variety of gaming opportunities  is  offered  to  the
public.
Any such regulation promulgated by the commission which determines the
permissible  number  and  density  of slot machines in a licensed gaming
facility shall provide  that  all  casinos  shall  be  included  in  any
calculation  of the permissible number and density of slot machines in a
licensed gaming facility.
(e) Any new gaming equipment that is  submitted  for  testing  to  the
commission  or  to a state licensed independent testing laboratory prior
to or simultaneously with submission of such new equipment  for  testing
in   a   jurisdiction  other  than  this  state,  may,  consistent  with
regulations promulgated by the  commission,  be  deployed  by  a  gaming
facility  licensee  on the casino fourteen days after submission of such
equipment  for  testing.  If  the  gaming  facility  or  casino   vendor
enterprise licensee has not received approval for the equipment fourteen
days  after  submission  for  testing,  any  interested  gaming facility
licensee  may,  consistent  with  commission  regulations,  deploy   the
equipment  on  a  field  test  basis,  unless  otherwise directed by the
executive director.
9. It shall be unlawful for any person to exchange or redeem chips for
anything whatsoever, except for currency,  negotiable  personal  checks,
negotiable  counter  checks,  other  chips,  coupons,  slot  vouchers or
complimentary vouchers distributed by the gaming facility licensee,  or,
if  authorized  by  regulation  of  the  commission, a valid charge to a
credit or debit card account. A gaming facility licensee shall, upon the
request of any person, redeem that licensee's gaming  chips  surrendered
by that person in any amount over one hundred dollars with a check drawn

upon the licensee's account at any banking institution in this state and
made payable to that person.
10.  It  shall  be  unlawful  for  any gaming facility licensee or its
agents or employees to employ, contract with, or use any shill or barker
to induce any person to enter a gaming facility or play at any  game  or
for any purpose whatsoever.
11.  It shall be unlawful for a dealer in any authorized game in which
cards are dealt to deal cards by  hand  or  other  than  from  a  device
specifically  designed  for  that purpose, unless otherwise permitted by
the rules of the commission.