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. › 1326 - Licensing of Vendor Enterprises.

§  1326.  Licensing  of  vendor  enterprises.  1.  Any  business to be
  conducted with a gaming facility  applicant  or  licensee  by  a  vendor
  offering  goods  or  services  which directly relate to gaming activity,
  including gaming  equipment  manufacturers,  suppliers,  repairers,  and
  independent  testing  laboratories, shall be licensed as a casino vendor
  enterprise in accordance with the provisions of this  article  prior  to
  conducting  any  business whatsoever with a gaming facility applicant or
  licensee, its employees  or  agents;  provided,  however,  that  upon  a
  showing  of  good  cause by a gaming facility applicant or licensee, the
  executive  director  may  permit  an  applicant  for  a  casino   vendor
  enterprise  license  to  conduct  business transactions with such gaming
  facility applicant or licensee prior to the  licensure  of  that  casino
  vendor  enterprise  applicant under this subdivision for such periods as
  the commission may establish by regulation.
2. In addition to the requirements of subdivision one of this section,
  any casino vendor enterprise intending to manufacture, sell, distribute,
  test or repair slot machines within  the  state  shall  be  licensed  in
  accordance  with the provisions of this article prior to engaging in any
  such activities; provided, however, that upon a showing of good cause by
  a gaming facility applicant or  licensee,  the  executive  director  may
  permit  an  applicant  for a casino vendor enterprise license to conduct
  business transactions with the gaming  facility  applicant  or  licensee
  prior  to the licensure of that casino vendor enterprise applicant under
  this subdivision for such periods as the  commission  may  establish  by
  regulation;  and  provided further, however, that upon a showing of good
  cause by an applicant  required  to  be  licensed  as  a  casino  vendor
  enterprise  pursuant  to  this  subdivision,  the executive director may
  permit  the  casino  vendor  enterprise  applicant   to   initiate   the
  manufacture  of  slot  machines  or  engage  in  the sale, distribution,
  testing or repair of slot machines with any person other than  a  gaming
  facility  applicant  or  licensee, its employees or agents, prior to the
  licensure  of  that  casino  vendor  enterprise  applicant  under   this
  subdivision.
3.  Vendors  providing goods and services to gaming facility licensees
  or applicants ancillary to gaming shall be required to be licensed as an
  ancillary casino vendor enterprise and shall comply with  the  standards
  for casino vendor license applicants.
4.  Each  casino vendor enterprise required to be licensed pursuant to
  subdivision one of this section, as well as its owners;  management  and
  supervisory   personnel;   and   employees   if   such   employees  have
  responsibility for services to a gaming facility applicant or  licensee,
  must  qualify  under  the  standards,  except residency, established for
  qualification of a casino key employee under this article.
5. Any vendor that offers goods  or  services  to  a  gaming  facility
  applicant  or licensee that is not included in subdivision one or two of
  this  section  including,  but  not  limited  to  site  contractors  and
  subcontractors,  shopkeepers located within the facility, gaming schools
  that possess slot machines for  the  purpose  of  instruction,  and  any
  non-supervisory   employee   of   a  junket  enterprise  licensed  under
  subdivision three of this section, shall be required  to  register  with
  the commission in accordance with the regulations promulgated under this
  article.
Notwithstanding  the provisions aforementioned, the executive director
  may, consistent with the  public  interest  and  the  policies  of  this
  article,  direct  that  individual  vendors  registered pursuant to this
  subdivision be required to apply for either a casino  vendor  enterprise
  license  pursuant  to  subdivision  one of this section, or an ancillary
  vendor industry enterprise license pursuant to subdivision three of this

  section, as directed by the commission. The executive director may  also
  order  that  any enterprise licensed as or required to be licensed as an
  ancillary casino vendor enterprise pursuant to subdivision three of this
  section  be  required  to  apply  for a casino vendor enterprise license
  pursuant to subdivision one of this section. The executive director  may
  also,  in  his  or  her  discretion,  order that an independent software
  contractor not otherwise required to be registered be either  registered
  as  a  vendor  pursuant  to  this subdivision or be licensed pursuant to
  either subdivision one or three of this section.
Each ancillary  casino  vendor  enterprise  required  to  be  licensed
  pursuant  to  subdivision  three of this section, as well as its owners,
  management and supervisory personnel, and employees  if  such  employees
  have  responsibility  for  services  to  a  gaming facility applicant or
  licensee, shall establish their good character, honesty and integrity by
  clear  and  convincing  evidence  and  shall  provide   such   financial
  information  as  may  be  required  by  the  commission.  Any enterprise
  required to  be  licensed  as  an  ancillary  casino  vendor  enterprise
  pursuant  to this section shall be permitted to transact business with a
  gaming  facility  licensee  upon  filing  of  the   appropriate   vendor
  registration form and application for such licensure.
6.  Any applicant, licensee or qualifier of a casino vendor enterprise
  license or of  an  ancillary  casino  vendor  enterprise  license  under
  subdivision  one  of  this  section,  and  any  vendor  registrant under
  subdivision five of this section shall  be  disqualified  in  accordance
  with  the  criteria  contained  in  section  one  thousand three hundred
  eighteen of this article, except that no such  ancillary  casino  vendor
  enterprise  license  under  subdivision  three of this section or vendor
  registration under subdivision five of this section shall be  denied  or
  revoked   if   such  vendor  registrant  can  affirmatively  demonstrate
  rehabilitation pursuant to article twenty-three-A of the correction law.
7. No casino vendor enterprise  license  or  ancillary  casino  vendor
  enterprise  license  shall be issued pursuant to subdivision one of this
  section to any person unless that person shall provide  proof  of  valid
  business registration with the department of state.
8.  For  the  purposes of this section, each applicant shall submit to
  the commission the name, address, fingerprints and a written consent for
  a criminal history information to be performed, for each person required
  to qualify  as  part  of  the  application.  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 qualifier,  who  was  the  subject  of  a
  criminal  history record check pursuant to this section, is arrested for
  a crime or offense in this state after the date the check was performed.
9. Subsequent to the licensure of any entity pursuant  to  subdivision
  one  of  this  section, including any finding of qualification as may be
  required as a condition of licensure, or the registration of any  vendor
  pursuant  to  subdivision  three of this section, the executive director
  may  revoke,  suspend,  limit,  or  otherwise  restrict   the   license,
  registration  or  qualification status upon a finding that the licensee,
  registrant or qualifier is disqualified on the basis of the criteria set
  forth in section one thousand three hundred eighteen of this article.
10. After notice and hearing prior to the suspension of  any  license,
  registration  or  qualification  issued pursuant to subdivision seven of

  this section the commission  shall  have  the  obligation  to  prove  by
  substantial  evidence  that  the  licensee,  registrant  or qualifier is
  disqualified on the basis of the  criteria  set  forth  in  section  one
  thousand three hundred eighteen of this article.