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 › 1339 - Credit.

§  1339.  Credit.  1. Except as otherwise provided in this section, no
gaming facility licensee or any person licensed under this article,  and
no  person  acting  on  behalf of or under any arrangement with a gaming
facility licensee or other person licensed under this article, shall:
(a) Cash any check, make any loan, or otherwise provide  or  allow  to
any  person  any  credit  or  advance  of  anything  of  value  or which
represents value to enable any person to take part in gaming activity as
a player; or
(b) Release or discharge any debt, either in whole or in part, or make
any loan which represents any losses incurred by any  player  in  gaming
activity,  without  maintaining  a  written record thereof in accordance
with the rules of the commission.
2. No gaming facility licensee  or  any  person  licensed  under  this
article, and no person acting on behalf of or under any arrangement with
a  gaming facility licensee or other person licensed under this article,
may accept a check, other than a recognized traveler's  check  or  other
cash  equivalent  from  any person to enable such person to take part in
gaming activity as a player, or may give cash  or  cash  equivalents  in
exchange for such check unless:
(a) The check is made payable to the gaming facility licensee;
(b) The check is dated, but not postdated;
(c)   The   check  is  presented  to  the  cashier  or  the  cashier's
representative at a location in the  gaming  facility  approved  by  the
commission  and  is  exchanged  for  cash  or slot tokens which total an
amount equal to the amount for which the check is drawn, or the check is
presented to the cashier's representative at a gaming table in  exchange
for  chips which total an amount equal to the amount for which the check
is drawn; and
(d) The regulations concerning check cashing procedures  are  observed
by the gaming facility licensee and its employees and agents. Nothing in
this  subdivision  shall  be  deemed to preclude the establishment of an
account by any person with a gaming facility licensee by  a  deposit  of
cash,  recognized  traveler's check or other cash equivalent, or a check
which meets the requirements of subdivision seven of this section, or to
preclude the withdrawal, either in whole  or  in  part,  of  any  amount
contained in such account.
3. When a gaming facility licensee or other person licensed under this
article, or any person acting on behalf of or under any arrangement with
a  gaming facility licensee or other person licensed under this article,
cashes a check in conformity with the requirements of subdivision two of
this section, the gaming facility licensee shall cause  the  deposit  of
such  check  in  a  bank  for collection or payment, or shall require an
attorney or casino  key  employee  with  no  incompatible  functions  to
present such check to the drawer's bank for payment, within:
(a)  seven calendar days of the date of the transaction for a check in
an amount of one thousand dollars or less;
(b) fourteen calendar days of the date of the transaction for a  check
in an amount greater than one thousand dollars but less than or equal to
five thousand dollars; or
(c)  forty-five  calendar  days  of  the date of the transaction for a
check in an amount greater than five thousand dollars.
Notwithstanding the foregoing, the drawer of the check may redeem  the
check  by  exchanging  cash,  cash  equivalents, chips, or a check which
meets the requirements of subdivision seven of this section in an amount
equal to the amount for which the check is  drawn;  or  he  or  she  may
redeem the check in part by exchanging cash, cash equivalents, chips, or
a  check  which  meets  the  requirements  of  subdivision seven of this
section and another check which meets the  requirements  of  subdivision

two  of  this  section for the difference between the original check and
the cash, cash equivalents, chips, or check tendered; or he or  she  may
issue  one check which meets the requirements of subdivision two of this
section  in  an  amount sufficient to redeem two or more checks drawn to
the order of the gaming facility licensee. If there has been  a  partial
redemption  or a consolidation in conformity with the provisions of this
subdivision, the newly issued check shall be delivered  to  a  bank  for
collection  or  payment or presented to the drawer's bank for payment by
an attorney or casino key employee with no incompatible functions within
the period herein specified. No gaming facility licensee or  any  person
licensed  or  registered  under  this  article,  and no person acting on
behalf of or under any arrangement with a gaming  facility  licensee  or
other  person  licensed  under  this  article, shall accept any check or
series of checks in redemption or  consolidation  of  another  check  or
checks  in  accordance with this subdivision for the purpose of avoiding
or delaying the deposit of a check in a bank for collection  or  payment
or  the  presentment  of  the check to the drawer's bank within the time
period prescribed by this subdivision.
In computing a time period prescribed by this  subdivision,  the  last
day  of the period shall be included unless it is a Saturday, Sunday, or
a state or federal holiday, in which event the  time  period  shall  run
until the next business day.
4.  No  gaming  facility  licensee  or  any  other  person licensed or
registered under this article, or any other person acting on  behalf  of
or under any arrangement with a gaming facility licensee or other person
licensed  or  registered  under this article, shall transfer, convey, or
give, with or without consideration, a check cashed in  conformity  with
the requirements of this section to any person other than:
(a)  The  drawer  of  the  check  upon  redemption or consolidation in
accordance with subdivision three of this section;
(b) A bank for collection or payment of the check;
(c) A purchaser of the gaming facility  license  as  approved  by  the
commission; or
(d)  An attorney or casino key employee with no incompatible functions
for presentment to the drawer's bank.
The limitation on transferability of checks imposed herein shall apply
to checks returned by any bank to the gaming facility  licensee  without
full and final payment.
5.  No  person  other  than  a casino key employee licensed under this
article or a gaming employee registered under this article may engage in
efforts to collect upon checks that have been returned by banks  without
full  and  final  payment, except that an attorney-at-law representing a
gaming facility licensee may bring action for such collection.
6. Notwithstanding the provisions of any law to the  contrary,  checks
cashed  in  conformity  with  the  requirements of this article shall be
valid instruments, enforceable at law in the courts of this  state.  Any
check  cashed,  transferred,  conveyed  or  given  in  violation of this
article  shall  be  invalid  and  unenforceable  for  the  purposes   of
collection  but  shall  be  included  in the calculation of gross gaming
revenue.
7. Notwithstanding the provisions of subdivision two of  this  section
to  the  contrary,  a gaming facility licensee may accept a check from a
person to enable the person to take part in gaming activity as a player,
may give cash or cash equivalents in exchange for such a check,  or  may
accept  a check in redemption or partial redemption of a check issued in
accordance with subdivision two of this section, provided that:
(a) (1) The check is issued by a gaming  facility  licensee,  is  made
payable  to the person presenting the check, and is issued for a purpose

other than employment compensation or as payment for goods  or  services
rendered;
(2) The check is issued by a banking institution which is chartered in
a  country  other  than  the United States on its account at a federally
chartered or  state-chartered  bank  and  is  made  payable  to  "cash,"
"bearer,"  a  gaming  facility  licensee,  or  the person presenting the
check;
(3) The check is issued by a banking institution which is chartered in
the United States on its  account  at  another  federally  chartered  or
state-chartered  bank  and is made payable to "cash," "bearer," a gaming
facility licensee, or the person presenting the check;
(4) The check is issued by a slot system operator or  pursuant  to  an
annuity  jackpot  guarantee  as payment for winnings from a multi-casino
progressive slot machine system jackpot; or
(5) The check is issued by an entity  that  holds  a  gaming  facility
license  in  any  jurisdiction, is made payable to the person presenting
the  check,  and  is  issued  for  a  purpose  other   than   employment
compensation or as payment for goods or services rendered;
(b)  The  check is identifiable in a manner approved by the commission
as a check authorized for acceptance pursuant to paragraph (a)  of  this
subdivision;
(c) The check is dated, but not postdated;
(d)   The   check  is  presented  to  the  cashier  or  the  cashier's
representative by the original payee and its validity is verified by the
drawer in the case of a check drawn  pursuant  to  subparagraph  one  of
paragraph  (a)  of  this  subdivision,  or  the  check  is  verified  in
accordance with regulations promulgated under this article in  the  case
of  a  check issued pursuant to subparagraph two, three, four or five of
paragraph (a) of this subdivision; and
(e) The regulations concerning check-cashing procedures  are  observed
by  the gaming facility licensee and its employees and agents. No gaming
facility licensee shall issue a check for the purpose of making  a  loan
or  otherwise providing or allowing any advance or credit to a person to
enable the person to take part in gaming activity as a player.
8. Notwithstanding the provisions of subdivisions  two  and  three  of
this  section  to  the  contrary,  a  gaming facility licensee may, at a
location outside the gaming facility, accept a personal check or  checks
from  a  person  for up to five thousand dollars in exchange for cash or
cash equivalents, and may, at such locations within the gaming  facility
as may be permitted by the commission, accept a personal check or checks
for  up to five thousand dollars in exchange for cash, cash equivalents,
tokens, chips, or plaques to enable the person to take  part  in  gaming
activity as a player, provided that:
(a)  The  check  is  drawn  on  the  patron's  bank  or brokerage cash
management account;
(b) The check is for a specific amount;
(c) The check is made payable to the gaming facility licensee;
(d) The check is dated but not post-dated;
(e) The patron's identity is established by examination of one of  the
following:  valid credit card, driver's license, passport, or other form
of identification credential which contains, at a minimum, the  patron's
signature;
(f)  The  check  is  restrictively  endorsed "For Deposit Only" to the
gaming facility licensee's  bank  account  and  deposited  on  the  next
banking day following the date of the transaction;
(g)  The  total amount of personal checks accepted by any one licensee
pursuant to this subdivision that are outstanding at any time, including

the current  check  being  submitted,  does  not  exceed  five  thousand
dollars;
(h)  The gaming facility licensee has a system of internal controls in
place that will  enable  it  to  determine  the  amount  of  outstanding
personal checks received from any patron pursuant to this subdivision at
any given point in time; and
(i)  The  gaming  facility  licensee  maintains  a record of each such
transaction  in  accordance  with   regulations   established   by   the
commission.
9.  A person may request the commission to put that person's name on a
list of persons to whom the extension of credit by a gaming facility  as
provided  in  this  section  would  be  prohibited  by submitting to the
commission the person's name, address, and date  of  birth.  The  person
does not need to provide a reason for this request. The commission shall
provide  this  list  to  the  credit department of each gaming facility;
neither the commission nor the credit department of  a  gaming  facility
shall  divulge the names on this list to any person or entity other than
those provided for in this subdivision. If such a person wishes to  have
that  person's  name removed from the list, the person shall submit this
request to the commission, which shall so inform the credit  departments
of  gaming  facilities  no later than three days after the submission of
the request.