2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 3 - Occupational Licensing › 1323 - Key Employee Licenses.

§  1323.  Key  employee  licenses.  1.  No  licensee  or  a holding or
intermediary company of a licensee may employ any person as a casino key
employee unless the person is the holder of a valid casino key  employee
license issued by the commission.
2. Each applicant for a casino key employee license must, prior to the
issuance  of  any  casino  key  employee  license,  produce information,
documentation and  assurances  concerning  the  following  qualification
criteria:
(a)  Each  applicant  for  a casino key employee license shall produce
such information,  documentation  and  assurances  as  may  be  lawfully
required  to  establish  by  clear and convincing evidence the financial
stability, integrity and responsibility of the applicant, including  but
not  limited  to  bank  references,  business  and  personal  income and
disbursements schedules,  tax  returns  and  other  reports  filed  with
governmental  agencies,  and  business and personal accounting and check
records and ledgers. In addition,  each  applicant  shall,  in  writing,
authorize  the  examination  of  all bank accounts and records as may be
deemed necessary by the commission.
(b) Each applicant for a casino key  employee  license  shall  produce
such  information,  documentation  and  assurances as may be required to
establish  by  clear  and  convincing  evidence  the  applicant's   good
character,  honesty  and  integrity. Such information shall include data
pertaining to family, habits, character,  reputation,  criminal  history
information,  business  activities,  financial  affairs,  and  business,
professional and personal associates, covering at  least  the  ten  year
period  immediately  preceding  the  filing  of  the  application.  Each
applicant shall notify the commission of any  civil  judgments  obtained
against  such  applicant  pertaining to antitrust or security regulation
laws of the federal government, of this state or  of  any  other  state,
jurisdiction,  province  or  country. In addition, each applicant shall,
upon request of the commission, produce letters of  reference  from  law
enforcement  agencies  having  jurisdiction  in the applicant's place of
residence and principal place of business, which  letters  of  reference
shall  indicate  that  such  law  enforcement  agencies  do not have any
pertinent non-sealed information concerning the applicant,  or  if  such
law  enforcement  agency  does  have  such information pertaining to the
applicant, shall specify what that information is. If the applicant  has
been  associated  with  gaming  operations  in any capacity, position or
employment in a jurisdiction which permits such activity, the  applicant
shall, upon request of the commission, produce letters of reference from
the  gaming  enforcement  or  control  agency,  which  shall specify the
experience of such agency with the applicant, his or her associates  and
his  or her participation in the gaming operations of that jurisdiction;
provided, however, that  if  no  such  letters  are  received  from  the
appropriate   law   enforcement   agencies  within  sixty  days  of  the
applicant's request therefor, the applicant may submit a statement under
oath that he or she is or was during the  period  such  activities  were
conducted  in  good  standing  with  such  gaming enforcement or control
agency.
(c) Each applicant employed by a gaming facility licensee shall  be  a
resident  of  the  state  prior to the issuance of a casino key employee
license; provided, however, that  upon  petition  by  the  holder  of  a
license,  the  commission  may  waive this residency requirement for any
applicant whose particular position will  require  him  to  be  employed
outside  the state; and provided further that no applicant employed by a
holding or intermediary company of  a  licensee  shall  be  required  to
establish residency in this state.
(d)  For  the purposes of this section, each applicant shall submit to
the commission the applicant's name, address, fingerprints  and  written
consent  for  a criminal history information as defined in paragraph (c)
of  subdivision  one  of  section  eight  hundred  forty-five-b  of  the
executive  law,  to be performed. The commission is hereby authorized to
exchange fingerprint data  with  and  receive  criminal  history  record
information from the state division of criminal justice services and the
federal  bureau  of  investigation  consistent with applicable state and
federal laws, rules and regulations. The applicant shall pay the fee for
such criminal history information as  established  pursuant  to  article
thirty-five of the executive law. The state division of criminal justice
services  shall promptly notify the commission in the event a current or
prospective licensee, who was  the  subject  of  such  criminal  history
information pursuant to this section, is arrested for a crime or offense
in this state after the date the check was performed.
3.  The  commission  shall  deny  a casino key employee license to any
applicant who is disqualified on the basis of the criteria contained  in
section  one  thousand  three hundred eighteen of this title, subject to
notice and hearing.
4. Upon receipt of such criminal history information,  the  commission
shall  provide  such  applicant  with  a  copy  of such criminal history
information, together with a  copy  of  article  twenty-three-A  of  the
correction  law,  and  inform such applicant of his or her right to seek
correction of any  incorrect  information  contained  in  such  criminal
history  information  pursuant to regulations and procedures established
by the division  of  criminal  justice  services.  Except  as  otherwise
provided by law, such criminal history information shall be confidential
and  any  person  who willfully permits the release of such confidential
criminal history information to persons not permitted  to  receive  such
information shall be guilty of a misdemeanor.
5.  Upon petition by the holder of a license, the commission may issue
a temporary license to an applicant for a casino key  employee  license,
provided that:
(a)  The  applicant  for  the  casino key employee license has filed a
completed application as required by the commission;
(b)  The  petition  for  a  temporary  casino  key  employee   license
certifies,  and  the  commission  finds,  that  an  existing  casino key
employee position of the petitioner is  vacant  or  will  become  vacant
within sixty days of the date of the petition and that the issuance of a
temporary  key employee license is necessary to fill the said vacancy on
an emergency basis to continue the efficient operation  of  the  casino,
and  that  such  circumstances  are  extraordinary  and  not designed to
circumvent the normal licensing procedures of this article;
6. Unless otherwise terminated pursuant to this article, any temporary
casino key employee license issued pursuant to this section shall expire
nine months from the date of its issuance.