New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5402 - Self-Exclusion › Section 5402.3 - Self-exclusion list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commission shall maintain an official self-exclusion list and notify each
					 gaming operator of additions to or deletions from the list within five business
					 days of the verification of the information received pursuant to section
					 5402.2 of this Part.
(b) The notice that the commission provides
					 to gaming operators shall include the information provided pursuant to section
					 5402.2(a) of this
					 Part and a copy of the person's photograph pursuant to section
					 5402.2(b) of this
					 Part.
(c) A gaming operator shall
					 maintain a current copy of the self-exclusion list and ensure that all
					 appropriate employees and agents of the gaming operator are notified promptly
					 of any addition to or deletion from the list.
(d) Gaming operators, employees or agents
					 thereof may not disclose the name of, or any information about, a person who
					 has requested self-exclusion to anyone other than employees and agents of the
					 gaming operator whose duties and functions require access to the information or
					 as authorized by the Racing, Pari-Mutuel Wagering and Breeding Law for the
					 limited purpose of assisting in the proper administration of responsible gaming
					 programs. Notwithstanding anything to the contrary in this subdivision, a
					 gaming operator may disclose the identity of a self-excluded person to
					 appropriate employees of other gaming operators in the State of New York or
					 affiliated gaming entities in other jurisdictions for the limited purpose of
					 assisting in the proper administration of problem gambling treatment or
					 responsible gaming programs or to law enforcement or as may be required by a
					 validly issued court order.
(e) A
					 self-excluded person shall not, directly or indirectly, collect in any manner
					 any winnings or recover any losses arising as a result of any gaming activity,
					 including lottery, conducted during the period of time that such person is on
					 the commission's self-exclusion list, consistent with the requirements set
					 forth in the Racing, Pari-Mutuel Wagering and Breeding Law and article 34 of
					 the Tax Law.
(f) Winnings of a
					 self-excluded person shall be subject to forfeiture to the commission if such
					 forfeiture is authorized by the Racing, Pari-Mutuel Wagering and Breeding Law
					 or article 34 of the Tax Law.
(g)
					 For the purposes of this section, winnings issued to, found on or about, or
					 redeemed by, a self-excluded person shall be presumed to constitute winnings
					 subject to forfeiture to the commission if such forfeiture is authorized by the
					 Racing, Pari-Mutuel Wagering and Breeding Law or article 34 of the Tax
					 Law.
(h) A self-excluded person
					 shall be removed from any lottery subscription program described in Part 5005
					 of this Title. The commission shall not accept any new lottery subscription
					 deposits from such self-excluded person, but such self-excluded person shall be
					 allowed to withdraw any amounts from such person's account as of the date of
					 the self-exclusion.