2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 4 - Enterprise and Vendor Licensing and Registration. › 1328 - Junket Operator Licensing.

§  1328.  Junket operator licensing. 1. No junkets may be organized or
permitted except in accordance with the provisions of this  article.  No
person may act as a junket representative or junket enterprise except in
accordance with this section.
2.  A junket representative employed by a gaming facility licensee, an
applicant for a gaming facility license or  an  affiliate  of  a  gaming
facility  licensee shall be licensed as a casino key employee; provided,
however, that said licensee need not be a resident  of  this  state.  No
gaming  facility licensee or applicant for a gaming facility license may
employ or otherwise  engage  a  junket  representative  who  is  not  so
licensed.
3. Junket enterprises that, and junket representatives not employed by
a gaming facility licensee or an applicant for a gaming facility license
or  by  a  junket  enterprise who, engage in activities governed by this
section shall be licensed as an ancillary casino  vendor  enterprise  in
accordance  with subdivision three of section one thousand three hundred
twenty-six of this title, unless otherwise directed by  the  commission;
provided,   however,   that   any   such  junket  enterprise  or  junket
representative who has disqualified shall be entitled to  establish  his
or  her  rehabilitation  from  such disqualification pursuant to article
twenty-three-A of the correction law. Any non-supervisory employee of  a
junket  enterprise  or  junket  representative  licensed as an ancillary
casino vendor enterprise in accordance with subdivision three of section
one thousand three hundred twenty-six of this title shall be registered.
4. Prior to the issuance of any license required by this  section,  an
applicant  for  licensure  shall submit to the jurisdiction of the state
and shall demonstrate that he or she is amenable to service  of  process
within  this state. Failure to establish or maintain compliance with the
requirements of this subdivision shall constitute sufficient  cause  for
the  denial,  suspension or revocation of any license issued pursuant to
this section.
5. Upon petition by the  holder  of  a  gaming  facility  license,  an
applicant  for a casino key employee license intending to be employed as
a junket representative  may  be  issued  a  temporary  license  by  the
commission in accordance with regulations promulgated, provided that:
(a)  the  applicant  for  licensure  is  employed by a gaming facility
licensee; and
(b) the applicant for licensure has filed a completed  application  as
required by the commission.
6.  The  commission  shall  have the authority to immediately suspend,
limit or  condition  any  temporary  license  issued  pursuant  to  this
section,   pending  a  hearing  on  the  qualifications  of  the  junket
representative.
7. Unless otherwise terminated, any temporary license issued  pursuant
to  this  section  shall  expire  twelve  months  from  the  date of its
issuance, and shall be renewable by the commission  for  one  additional
six month period.
8.  Every  agreement  concerning  junkets  entered  into  by  a gaming
facility licensee and a junket representative or junket enterprise shall
be deemed to include a provision for its termination  without  liability
on  the  part  of the gaming facility licensee, if the commission orders
the termination upon the suspension, limitation, conditioning, denial or
revocation of the licensure  of  the  junket  representative  or  junket
enterprise.  Failure  to  expressly  include  such  a  condition  in the
agreement shall not constitute  a  defense  in  any  action  brought  to
terminate the agreement.
9.  A gaming facility licensee shall be responsible for the conduct of
any junket representative or junket enterprise associated  with  it  and

for  the  terms and conditions of any junket engaged in on its premises,
regardless of the fact that the junket may involve persons not  employed
by such a gaming facility licensee.
10.  A gaming facility licensee shall be responsible for any violation
or deviation from the terms  of  a  junket.  Notwithstanding  any  other
provisions  of  this  article,  the  commission may order restitution to
junket participants, assess penalties for such violations or deviations,
prohibit  future  junkets  by  the  gaming  facility  licensee,   junket
enterprise or junket representative, and order such further relief as it
deems appropriate.
11. The commission shall, by regulation, prescribe methods, procedures
and  forms  for the delivery and retention of information concerning the
conduct of junkets by gaming facility licensees. Without  limitation  of
the  foregoing,  each  gaming  facility licensee, in accordance with the
rules of the commission, shall:
(a) Maintain on file a report describing the operation of  any  junket
engaged in on its premises; and
(b)  Submit  to  the  commission  a  list of all its employees who are
acting as junket representatives.
12. Each gaming facility licensee,  junket  representative  or  junket
enterprise shall, in accordance with the rules of the commission, file a
report  with  the commission with respect to each list of junket patrons
or potential junket patrons purchased  directly  or  indirectly  by  the
gaming facility licensee, junket representative or enterprise.
13.  The  commission  shall have the authority to determine, either by
regulation, or upon petition by the holder of a gaming facility license,
that a type of arrangement otherwise included within the  definition  of
"junket"   shall   not  require  compliance  with  any  or  all  of  the
requirements of this section. In  granting  exemptions,  the  commission
shall  consider  such  factors as the nature, volume and significance of
the particular type of arrangement, and whether the exemption  would  be
consistent  with  the  public  policies  established by this article. In
applying  the  provisions  of  this  subdivision,  the  commission   may
condition, limit, or restrict any exemption as it may deem appropriate.
14.  No junket enterprise or junket representative or person acting as
a junket representative may:
(a) Engage in efforts to collect upon checks that have  been  returned
by banks without full and final payment;
(b)  Exercise  approval  authority with regard to the authorization or
issuance of credit;
(c) Act on behalf of or under any arrangement with a  gaming  facility
licensee   or   a   gaming   patron   with  regard  to  the  redemption,
consolidation, or substitution of the gaming  patron's  checks  awaiting
deposit;
(d)  Individually  receive  or  retain  any  fee from a patron for the
privilege of participating in a junket; and
(e) Pay for any services, including transportation, or other items  of
value  provided to, or for the benefit of, any patron participating in a
junket.