New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter G - Account Wagering › Part 4500 - Account Wagering › Section 4500.3 - Multi-jurisdictional account wagering providers; additional provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 multi-jurisdictional account wagering provider shall be licensed only under the
					 additional terms and conditions set forth in Racing, Pari-Mutuel Wagering and
					 Breeding Law sections 1012-a(1) through 1012-a(5).
(b) The commission may issue a temporary
					 license to a multi-jurisdictional account wagering provider that is not yet
					 registered to do business in New York State, provided that such applicant has
					 agreed to take promptly those steps necessary to qualify to do business in New
					 York State and to maintain such status in good standing throughout the license
					 period, pending the commission's final determination of such provider's license
					 applications.
(c)
					 Multi-jurisdictional account wagering providers shall pay, in a form and manner
					 determined by the commission, a monthly market origin fee as prescribed in
					 Racing, Pari-Mutuel Wagering and Breeding Law section 1012-a(6).
(d) Each individual, in order to participate
					 in the New York operations of the multi-jurisdictional account wagering
					 provider, or to participate in such provider's affairs as a director, officer
					 or manager, must hold a valid occupational license from the
					 commission.
(e) In investigating,
					 conducting inspections and ensuring compliance with the rules and regulations
					 of the commission, as prescribed in Racing, Pari-Mutuel Wagering and Breeding
					 Law section 1012-a(4), the commission may at a reasonable time on any date
					 enter the premises of a multi-jurisdictional account wagering provider to
					 conduct an examination and analysis of such provider's books, records and other
					 property, including without limitation such provider's:
(1) written books and records and its
					 computer systems and records, to verify its accounting records and business
					 practices;
(2) written and
					 computerized records and operational systems on its computers; and
(3) facilities, with complete access
					 including to all of its equipment, activities, structures and other property.
Such examination and analysis by the commission may
						include a forensic review by accountants of such provider's financial books and
						operational records and may be repeated to investigate possible material
						changes in relation to alterations or renewals of such provider's licensing
						status. The commission may initiate any such investigation and inspection at
						random, for cause, or as determined by an executive official or commissioner of
						the commission. The commission shall notify the multi-jurisdictional account
						wagering provider before arriving to conduct an investigation or inspection
						and, upon arriving, the commission's agents, employees and designees shall
						provide identification and notice to such provider that the investigation and
						inspection is conducted pursuant to this section. Such provider immediately
						shall assist any such investigation and inspection by providing full and timely
						disclosure of all requested information and full access to all facilities,
						books, records and other property, including without limitation computers,
						equipment, structures, bank records, financial books and records, wagering
						records, wagering account holder information and such other documents and
						information as may reasonably be requested by the person or persons conducting
						the investigation and inspection. The disclosure of such records and
						information by such provider shall not constitute a waiver of any trade secret
						or other confidentiality rights of such provider.