2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 1 - General Provisions › 1301 - Definitions.

§  1301.  Definitions.  As  used  in  this article the following terms
  shall, unless the context clearly requires otherwise, have the following
  meanings:
1. "Affiliate". A person that directly or indirectly, through  one  or
  more  intermediaries,  controls  or is controlled by, or is under common
  control with, a specified person.
2. "Applicant". Any person who on his or her own behalf or  on  behalf
  of  another  has applied for permission to engage in any act or activity
  which is regulated under the provisions of this article.
3. "Application". A written request for permission to  engage  in  any
  act or activity which is regulated under the provisions of this article.
4.  "Authorized  game".  Any  game  determined by the commission to be
  compatible with the public interest and to be suitable  for  casino  use
  after such appropriate test or experimental period as the commission may
  deem  appropriate.  An authorized game may include gaming tournaments in
  which players compete against one another in one or more  of  the  games
  authorized  herein  or  by  the  commission or in approved variations or
  composites thereof if the tournaments are authorized.
5.  "Board".  The  New  York  state  gaming  facility  location  board
  established  by the commission pursuant to section one hundred nine-a of
  this chapter.
6.  "Business".  A  corporation,  sole  proprietorship,   partnership,
  limited  liability  company  or  any  other  organization formed for the
  purpose of carrying on a commercial enterprise.
7. "Casino". One or more locations or rooms in a gaming facility  that
  have  been  approved  by  the  commission  for  the conduct of gaming in
  accordance with the provisions of this article.
8. "Casino key employee". Any natural  person  employed  by  a  gaming
  facility  licensee,  or  holding  or  intermediary  company  of a gaming
  facility licensee, and involved in the operation of  a  licensed  gaming
  facility  in  a supervisory capacity and empowered to make discretionary
  decisions which  regulate  gaming  facility  operations;  or  any  other
  employee so designated by the commission for reasons consistent with the
  policies of this article.
9.  "Casino  vendor enterprise". Any vendor offering goods or services
  which directly relate to  casino  or  gaming  activity,  or  any  vendor
  providing  to gaming facility licensees or applicants goods and services
  ancillary to gaming activity. Notwithstanding the foregoing, any form of
  enterprise engaged in the manufacture, sale,  distribution,  testing  or
  repair  of  slot  machines  within  the  state,  other than antique slot
  machines, shall  be  considered  a  casino  vendor  enterprise  for  the
  purposes  of  this  article  regardless  of  the  nature of its business
  relationship, if any, with gaming facility applicants and  licensees  in
  this state.
10.  "Close  associate".  A  person  who  holds  a  relevant financial
  interest in, or is entitled to exercise power in,  the  business  of  an
  applicant  or licensee and, by virtue of that interest or power, is able
  to exercise a significant influence over the management or operation  of
  a gaming facility or business licensed under this article.
11. "Commission". The New York state gaming commission.
12.  "Complimentary service or item". A service or item provided at no
  cost or at a reduced cost to a patron of a gaming facility.
13. "Conservator". A person appointed by the commission to temporarily
  manage the operation of a gaming facility.
14. "Credit card". A card, code or other device with  which  a  person
  may defer payment of debt, incur debt and defer its payment, or purchase
  property or services and defer payment therefor, but not a card, code or
  other  device  used to activate a preexisting agreement between a person

  and a financial institution to extend credit when the  person's  account
  at  the  financial  institution  is overdrawn or to maintain a specified
  minimum balance in the person's account at the financial institution.
15.  "Debt".  Any  legal  liability,  whether  matured  or  unmatured,
  liquidated or unliquidated, absolute,  fixed  or  contingent,  including
  debt  convertible  into  an  equity  security  which has not yet been so
  converted, and any other debt carrying any warrant or right to subscribe
  to or purchase an equity security which warrant or  right  has  not  yet
  been exercised.
16.  "Encumbrance".  A  mortgage, security interest, lien or charge of
  any nature in or upon property.
17. "Executive director". The executive director of the New York state
  gaming commission.
18. "Family". Spouse, domestic partner,  partner  in  a  civil  union,
  parents, grandparents, children, grandchildren, siblings, uncles, aunts,
  nephews,   nieces,   fathers-in-law,  mothers-in-law,  daughters-in-law,
  sons-in-law, brothers-in-law and sisters-in-law, whether by the whole or
  half blood, by marriage, adoption or natural relationship.
19. "Game". Any banking or percentage game located within  the  gaming
  facility  played  with  cards, dice, tiles, dominoes, or any electronic,
  electrical, or mechanical device or machine for money, property, or  any
  representative of value which has been approved by the commission.
20.  "Gaming"  or  "gambling".  The  dealing,  operating, carrying on,
  conducting, maintaining or exposing for pay of any game.
21. "Gaming device" or "gaming equipment". Any electronic, electrical,
  or mechanical contrivance or machine used in connection with  gaming  or
  any game.
22.  "Gaming  employee". Any natural person, not otherwise included in
  the definition of casino key employee,  who  is  employed  by  a  gaming
  facility  licensee,  or  a  holding  or intermediary company of a gaming
  facility licensee, and is involved in the operation of a licensed gaming
  facility or performs services or  duties  in  a  gaming  facility  or  a
  restricted  casino  area;  or  any other natural person whose employment
  duties predominantly involve the  maintenance  or  operation  of  gaming
  activity  or  equipment  and  assets associated therewith or who, in the
  judgment of the commission, is  so  regularly  required  to  work  in  a
  restricted  casino  area  that  registration  as  a  gaming  employee is
  appropriate.
23. "Gaming facility". The premises approved under  a  gaming  license
  which  includes  a gaming area and any other nongaming structure related
  to the gaming area and may include, but shall not be limited to, hotels,
  restaurants or other amenities.
24. "Gaming facility license". Any license  issued  pursuant  to  this
  article  which  authorizes the holder thereof to own or operate a gaming
  facility.
25. "Gross gaming revenue". The total of all sums actually received by
  a gaming facility licensee from gaming operations less the total of  all
  sums  paid out as winnings to patrons; provided, however, that the total
  of all sums paid out as winnings to patrons shall not include  the  cash
  equivalent  value  of  any  merchandise  or thing of value included in a
  jackpot or payout.
26. "Holding company". A corporation, association, firm,  partnership,
  trust  or  other  form  of  business  organization, other than a natural
  person, which, directly or indirectly, owns, has the power or  right  to
  control,  or  has  the  power  to  vote  any  significant  part  of  the
  outstanding voting securities of a corporation  or  any  other  form  of
  business  organization  which  holds  or  applies  for a gaming license;
  provided, however, that a "holding company", in addition  to  any  other

  reasonable  use of the term, shall indirectly have, hold or own any such
  power, right or security  if  it  does  so  through  an  interest  in  a
  subsidiary or any successive subsidiaries, notwithstanding how many such
  subsidiaries  may  intervene  between the holding company and the gaming
  facility licensee or applicant.
27. "Host municipality". A city, town or village  in  which  a  gaming
  facility  is  located  or  in which an applicant has proposed locating a
  gaming facility.
28.  "Intermediary  company".  A   corporation,   association,   firm,
  partnership,  trust or other form of business organization, other than a
  natural person, which is a holding company with respect to a corporation
  or other form of business organization which  holds  or  applies  for  a
  gaming license, and is a subsidiary with respect to a holding company.
29.  "Junket". An arrangement intended to induce a person to come to a
  gaming facility to gamble, where the person is selected or approved  for
  participation  on  the  basis  of  the  person's  ability  to  satisfy a
  financial qualification obligation related to the  person's  ability  or
  willingness  to  gamble  or  on  any other basis related to the person's
  propensity to gamble and pursuant to  which  and  as  consideration  for
  which,   any   of   the  cost  of  transportation,  food,  lodging,  and
  entertainment for the person is directly or indirectly paid by a  gaming
  facility licensee or an affiliate of the gaming facility licensee.
30.  "Junket  enterprise".  A  person,  other  than  a gaming facility
  licensee or an applicant for a gaming facility license, who  employs  or
  otherwise  engages the services of a junket representative in connection
  with a junket to a licensed gaming facility, regardless  of  whether  or
  not those activities occur within the state.
31.  "Junket representative". A person who negotiates the terms of, or
  engages in the referral, procurement or selection  of  persons  who  may
  participate  in, a junket to a gaming facility, regardless of whether or
  not those activities occur within the state.
32. "Operation certificate". A certificate issued  by  the  commission
  which  certifies  that  operation  of  a gaming facility conforms to the
  requirements of this article and applicable  regulations  and  that  its
  personnel  and  procedures  are sufficient and prepared to entertain the
  public.
33.  "Person".  Any   corporation,   association,   operation,   firm,
  partnership,  trust  or other form of business association, as well as a
  natural person.
34. "Registration". Any requirement other than one  which  requires  a
  license  as a prerequisite to conduct a particular business as specified
  by this article.
35. "Registrant".  Any  person  who  is  registered  pursuant  to  the
  provisions of this article.
36.  "Restricted  casino  areas".  The  cashier's cage, the soft count
  room, the hard count room, the slot cage booths and  runway  areas,  the
  interior  of  table  game pits, the surveillance room and catwalk areas,
  the slot machine repair room and any other area specifically  designated
  by the commission as restricted in a licensee's operation certificate.
37. "Qualification" or "qualified". The process of licensure set forth
  by  the commission to determine that all persons who have a professional
  interest in a gaming  facility  license,  or  casino  vendor  enterprise
  license, or the business of a gaming facility licensee or gaming vendor,
  meet  the  same  standards of suitability to operate or conduct business
  with a gaming facility.
38.  "Slot  machine".  A  mechanical,  electrical  or  other   device,
  contrivance or machine which, upon insertion of a coin, token or similar
  object  therein,  or  upon  payment  of any consideration whatsoever, is

  available to play or operate, the play or operation of which, whether by
  reason of the skill of the operator or application  of  the  element  of
  chance,  or  both,  may  deliver  or  entitle  the individual playing or
  operating  the  machine  to  receive cash, or tokens to be exchanged for
  cash, or to receive merchandise or any other thing of value, whether the
  payoff is made automatically from the machine or in  any  other  manner,
  except  that the cash equivalent value of any merchandise or other thing
  of value shall not be included in determining the payout percentage of a
  slot machine.
39. "Sports wagering". The activity authorized by section one thousand
  three hundred sixty-seven of this article, provided that there has  been
  a  change  in  federal law authorizing such activity or upon ruling of a
  court of competent jurisdiction that such activity is lawful.
40.  "Subsidiary".  A  corporation,  a  significant  part   of   whose
  outstanding  equity securities are owned, subject to a power or right of
  control, or held with  power  to  vote,  by  a  holding  company  or  an
  intermediary  company, or a significant interest in a firm, association,
  partnership, trust or other form of business organization, other than  a
  natural  person, which is owned, subject to a power or right of control,
  or held with power to vote, by a  holding  company  or  an  intermediary
  company.
41.  "Table  game".  A  game,  other  than  a  slot  machine, which is
  authorized by the commission to be played in a gaming facility.
42.  "Transfer".  The  sale  or  other  method,  either  directly   or
  indirectly,  of  disposing  of  or  parting with property or an interest
  therein, or the possession thereof, or of fixing a lien upon property or
  upon an interest therein, absolutely or  conditionally,  voluntarily  or
  involuntarily,  by  or  without  judicial  proceedings, as a conveyance,
  sale, payment, pledge, mortgage, lien, encumbrance,  gift,  security  or
  otherwise;  provided, however, that the retention of a security interest
  in property delivered to  a  corporation  shall  be  deemed  a  transfer
  suffered by such corporation.