reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5103 - Video Lottery Gaming Agents › Section 5103.4 - Duration of license and license conditions

Current through Register Vol. 46, No. 28, July 10, 2024
Any video lottery gaming agent license issued by the
						commission, shall be valid for the effective period of the act, unless such
						license is suspended or revoked by the commission pursuant to these regulations
						or by reason of the video lottery gaming agent's failure to continue to own
						and/or operate the video lottery gaming facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5103 - Video Lottery Gaming Agents › Section 5103.5 - Bonding of video lottery gaming agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commission shall require each video lottery gaming agent to provide to the
					 commission a bond or other surety agreement, including without limitation a
					 letter of credit, issued by a surety company or banking institution authorized
					 to transact business in the State and approved by the Department of Financial
					 Services as to solvency and responsibility, in such amount as the commission
					 may determine, so as to avoid monetary loss to the State because of the video
					 lottery gaming agent's activities or those of a third party. For each video
					 lottery gaming agent, the commission shall set th e minimum amount of such bond
					 or other surety agreement, which amount shall be not less than the total of
					 five days of estimated average daily net win at such video lottery gaming
					 agent's facility, as the commission may determine as appropriate, less an
					 amount equal to the vendor's fee for such video lottery gaming agent set forth
					 in Tax Law section 1612(b)(1)(ii).
The bond or other surety agreement shall name as
						beneficiaries the commission and the State.
(b) The commission may seek additional bond,
					 surety or other guarantee of financial security consistent with the purposes of
					 these regulations or video lottery gaming law, as the commission may deem
					 appropriate.
(c) The failure of
					 the video lottery gaming agent to post such bond or surety agreement in the
					 amount required by the commission shall be a violation of the requirements of
					 such video gaming agent's license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5103 - Video Lottery Gaming Agents › Section 5103.6 - Indemnification and hold harmless

Current through Register Vol. 46, No. 28, July 10, 2024
As a condition to the issuance and acceptance of any
						video gaming agent license, each video lottery gaming agent shall agree, by
						separate agreement or otherwise, to:
(a) indemnify and hold harmless the State,
					 the commission and any of the employees of the State or the commission from any
					 and all damages, claims for damages or suits that may arise or occur directly
					 or indirectly as a result of any operation carried on, under and pursuant to
					 said video lottery gaming agent license;
(b) release the State, the commission and any
					 of the employees of the State or the commission from any and all claims,
					 damages and/or rights of action that shall accrue to the video lottery gaming
					 agent or any of such agent's employees that may arise or occur directly or
					 indirectly as a result of any operation carried on, under or pursuant to said
					 license; and
(c) defend, at such
					 agent's own expense, any and all suits against the State that may be brought by
					 third parties as a result of any operation carried on pursuant to or in
					 accordance with the terms of such license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5103 - Video Lottery Gaming Agents › Section 5103.7 - Relationship

Current through Register Vol. 46, No. 28, July 10, 2024
Every employee of a video lottery gaming agent shall be
						employees of such video lottery gaming agent and not of the commission or the
						State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5104 - Financial Stability Of Video Lottery Gaming Agents › Section 5104.2 - Financial stability reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each video lottery gaming agent and such agent's
						principals shall be required to maintain accurate and complete accounting
						records pertaining to video lottery gaming operations at the video lottery
						facility or such location approved in writing by the commission. Such records
						shall be maintained in accordance with generally accepted accounting
						principles. In connection with such records, each video lottery gaming agent
						shall report to the commission the following:
(a) on the fiscal year basis of the video
					 lottery gaming agent, the video lottery gaming agent shall submit audited
					 financial statements in accordance with these regulations within 120 days of
					 such fiscal year end;
(b) video
					 lottery gaming agents will submit standard financial reports required by these
					 regulations; and
(c) such other
					 information as the commission shall deem necessary for a showing of financial
					 stability for a particular video lottery gaming agent including, without
					 limitation, quarterly submissions of financial information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5104 - Financial Stability Of Video Lottery Gaming Agents › Section 5104.3 - Failure to demonstrate financial stability

Current through Register Vol. 46, No. 28, July 10, 2024
In the event a video lottery gaming agent, or any
						licensee under these regulations, fails to demonstrate financial stability as
						required by these regulations to the satisfaction of the commission, the
						commission may take such action as is necessary to fulfill the purposes of the
						act and to protect the public interest, including, but not limited to: issuing
						conditional or temporary licenses, approvals or determinations; establishing an
						appropriate cure period; imposing reporting requirements in excess of those
						otherwise mandated by these regulations; placing such restrictions on the
						transfer of cash or the assumption of liabilities as is necessary to insure
						future compliance with the financial stability standards; requiring the
						maintenance of reasonable reserves or the establishment of dedicated or trust
						accounts to insure future compliance with the financial stability standards;
						requiring a special audit, with such audit plan to be approved by the
						commission and conducted by an independent accounting firm at the expense of
						the video lottery gaming agent; charging interest as provided in these
						regulations on any outstanding amount of sales due the commission; suspending,
						revoking or denying licensure; or such other action as the commission
						determines appropriate in accordance with these regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5105 - Video Lottery Gaming Key Employee And Employee Licensing › Section 5105.1 - Persons required to obtain a video lottery gaming key employee license

Current through Register Vol. 46, No. 28, July 10, 2024
Any natural person who will be employed by a video
						lottery gaming agent in a position that includes any responsibility or
						authority to develop or administer policy or long-range plans or to make
						discretionary decisions regarding video lottery gaming facility operations,
						regardless of job title, and who is not a principal of such agent, shall be
						required to hold, prior to being involved in any video lottery gaming licensed
						activities, a current and valid video lottery gaming key employee license
						issued by the commission or shall have filed a request for a temporary license
						under section
						5102.12 of this
						Subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5105 - Video Lottery Gaming Key Employee And Employee Licensing › Section 5105.2 - Persons required to obtain a video lottery gaming employee license

Current through Register Vol. 46, No. 28, July 10, 2024
Any natural person who will be employed by a video
						lottery gaming agent in any position and who is not a principal of a video
						lottery gaming agent or a video lottery gaming key employee, shall be required
						to hold, prior to the commencement of such employment, a current and valid
						video lottery gaming employee license issued by the commission.
(b) Any person who holds a current and valid
					 video lottery gaming key employee license may perform the duties and
					 responsibilities of any position that requires a video lottery gaming employee
					 license.
(c) Any person who is
					 employed solely in the pari-mutuel racing business shall not be required to
					 obtain a video lottery gaming employee license, unless such person enters video
					 lottery gaming restricted areas in the course of such person's
					 employment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5105 - Video Lottery Gaming Key Employee And Employee Licensing › Section 5105.3 - Video lottery gaming key employee and video lottery gaming employee applications and disclosure forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 video lottery gaming key employee and video lottery gaming employee
					 applications, personal history disclosure forms or principal disclosure forms
					 shall be in a format prescribed by the commission.
(b) In addition to any information requested
					 in the application, each applicant for a video lottery key employee and video
					 lottery gaming employee license shall provide the commission:
(1) the name, address, occupation and phone
					 number of each person(s) who can attest to the applicant's character and
					 reputation;
(2) a signed, dated and
					 notarized certification of truth; and
(3) a signed, dated and notarized release
					 authorization(s) that shall direct all courts, probation departments, selective
					 service boards, employers, educational institutions, financial and other
					 institutions and all governmental agencies to release any and all information
					 pertaining to the applicant as requested by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5105 - Video Lottery Gaming Key Employee And Employee Licensing › Section 5105.5 - Duration of license; effective date

Current through Register Vol. 46, No. 28, July 10, 2024
Any video lottery gaming key employee or employee license
						shall be issued by the commission and shall remain in force until suspended,
						revoked or terminated by the commission in accordance with the provisions set
						forth in this Subchapter. Upon reasonable notice to existing licensees, the
						commission may require renewal of licenses, establish probation, or set other
						conditions upon the license. A license fee may be established and required at
						the discretion of the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5106 - Video Lottery Gaming Vendor Licensing › Section 5106.1 - Persons required to obtain a video lottery gaming vendor license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any vendor who
					 offers goods or services, as defined in this Subchapter, that directly relate
					 to a video lottery gaming activity at any video lottery gaming facility,
					 including, without limitation, those who intend to manufacture, sell,
					 distribute, maintain and repair video lottery gaming terminals and related
					 equipment, or who intend to provide management services, or who intend to
					 provide a central system for the operation of video lottery gaming within the
					 State, together with such vendor's principal(s) and key employee(s), shall be
					 required to be licensed in accordance with the provisions of these regulations
					 prior to providing any such goods or services to the commission or any video
					 lottery gaming agent or at a video lottery gaming facility.
(b) In addition to any vendor required to be
					 licensed by this part, the commission may require a license for any person or
					 business entity, other than a banking or financial institution who has provided
					 more than 10 percent of the total financing of the video lottery gaming
					 enterprise, if the issuance of such license would be consistent with this Part
					 and consistent with the protection of video lottery gaming in the
					 State.
(c) The commission may
					 conduct background investigation(s) on any person or business entity performing
					 services or providing goods for or at the video lottery gaming facility at any
					 time after the issuance of a temporary license to the video lottery gaming
					 agent pursuant to these regulations. The video lottery gaming agent shall
					 cooperate and cause such person(s) or business entities to cooperate in any
					 such investigation(s). The failure of the video lottery gaming agent or such
					 person(s) or business entities to cooperate with any commission investigation
					 shall be a violation of any license issued to the video lottery gaming agent,
					 the act and these regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5106 - Video Lottery Gaming Vendor Licensing › Section 5106.2 - Standards for issuance of a video lottery gaming vendor license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to be
					 qualified to receive a video lottery gaming vendor license, each vendor and
					 their principals and key employees, must qualify under the standards
					 established by these regulations for the issuance of a video lottery gaming
					 agent license. Licensure of any vendor may be denied to any applicant
					 disqualified in accordance with the criteria established for qualification of a
					 video lottery gaming agent; provided that no video lottery gaming vendor
					 license shall be issued until proof of valid business registration with the
					 Department of State and the Department of Taxation and Finance is submitted to
					 the commission.
(b) A vendor
					 licensed pursuant to these regulations shall require proof from all of such
					 vendor's subcontractors that such subcontractors hold valid business
					 registration with the Department of State and the Department of Taxation and
					 Finance.
(c) Notwithstanding any
					 other section of these regulations, as a condition of any video lottery gaming
					 vendor license, each video lottery gaming vendor shall comply with the
					 requirements of the State Labor Law and the regulations promulgated hereunder,
					 if applicable, to facilitate the training of persons in the repair and
					 reconditioning of video lottery terminals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5106 - Video Lottery Gaming Vendor Licensing › Section 5106.3 - Vendor license application and disclosure form

Current through Register Vol. 46, No. 28, July 10, 2024
Each applicant for a video lottery gaming vendor license
						will be required to submit a vendor license application in such form prescribed
						by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5107 - Personnel Assigned To The Operation Of Video Lottery Gaming Facilities › Section 5107.1 - Assigned personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 video lottery gaming agent shall be required to employ the personnel herein
					 described in the operation of the video lottery gaming facility regardless of
					 the position titles assigned to such personnel by such agent in the jobs
					 compendium submitted to the commission. Functions described in this Part shall
					 be performed only by persons holding the appropriate license required by the
					 video lottery gaming agent's jobs compendium to perform such functions, or by
					 persons holding the appropriate license required by such compendium to
					 supervise persons performing such functions.
(b) Each video lottery gaming agent shall at
					 all times maintain a level of staffing that ensures the proper operation and
					 effective supervision of all video lottery gaming in such agent's video lottery
					 gaming facility.
(c) The video
					 lottery gaming agent shall be required to employ a video lottery gaming
					 facility manager. The video lottery gaming facility manager shall be the
					 executive assigned the responsibility and authority for the supervision and
					 management of the overall operation of the video lottery gaming agent's gaming
					 facility department including, without limitation, the hiring and terminating
					 of all video lottery gaming facility personnel.
(d) In the absence of the video lottery
					 gaming facility manager, the video lottery gaming facility shall have an
					 assistant video lottery gaming facility manager who is employed within the
					 video lottery gaming facility department and shall be designated by the video
					 lottery gaming agent as the person responsible for the overall operation of the
					 video lottery gaming facility department and such person shall have the
					 authority of a video lottery gaming facility manager.
(e) Subject to prior commission approval, in
					 lieu of an assistant video lottery gaming facility manager, the video lottery
					 gaming facility manager may designate any licensed video lottery gaming key
					 employee as a "manager on duty" except that the director of surveillance and
					 the director of security for the video lottery gaming facility are each
					 prohibited from being so designated.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5108 - Internal Controls Governing The Operation Of Video Lottery Gaming › Section 5108.1 - Video lottery gaming agent's organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each video lottery gaming agent shall
					 organize their video lottery gaming operation in such a manner that all
					 financial records are separate and distinct from all financial records relative
					 to their other business operations.
(b) Each video lottery gaming agent's system
					 of internal controls shall include tables of organization. Each video lottery
					 gaming agent shall, except as otherwise provided in this section, tailor such
					 agent's organizational structure to meet the needs or policies of such agent's
					 particular management philosophy. The proposed organizational structure of each
					 video lottery gaming agent shall be approved in writing by the commission in
					 the absence of a conflict between the organizational structure and the criteria
					 listed below, which criteria are designed to maintain the integrity of video
					 lottery gaming operations. Each video lottery gaming agent's tables of
					 organization shall provide for:
(1) a system
					 of personnel and chain of command that permits management and supervisory
					 personnel to be held accountable for actions or omissions within their areas of
					 responsibility;
(2) the segregation
					 of incompatible functions so that no employee is in a position both to commit
					 an error or to perpetrate a fraud and to conceal the error or fraud in the
					 normal course of such employee's duties;
(3) primary and secondary supervisory
					 positions that permit the authorization or supervision of necessary
					 transactions at all relevant times; and
(4) areas of responsibility that are not so
					 extensive as to be impractical for one person to monitor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5108 - Internal Controls Governing The Operation Of Video Lottery Gaming › Section 5108.2 - Purpose, format, submission and amendment of the video lottery gaming agent's system of internal control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 video lottery gaming agent shall design a system of internal control procedures
					 that shall conform to the guidelines established by the commission.
(b) The procedures of the system of internal
					 control will be designed to ensure that:
(1)
					 that assets of the video lottery gaming agent and commission are
					 safeguarded;
(2) that the financial
					 records of the video lottery gaming agent are accurate and reliable;
(3) that the transactions of the video
					 lottery gaming agent's operation are performed only as authorized by the act
					 and these regulations;
(4) that
					 accountability for assets is maintained in accordance with generally accepted
					 accounting principles;
(5) that
					 only authorized personnel have access to assets;
(6) that recorded accountability for assets
					 is compared with actual assets at reasonable intervals and appropriate action
					 is taken with respect to any discrepancies;
(7) that employee and management functions,
					 duties, and responsibilities are appropriately segregated and performed in
					 accordance with sound practices by competent, qualified, licensed personnel and
					 that no employee of the video lottery gaming agent is in a position to
					 perpetuate and conceal errors or irregularities in the normal course of the
					 employee's duties;
(8) that gaming
					 is conducted with integrity and in accordance with the Act and these
					 regulations; and
(9) that the video
					 lottery gaming agent complies with all Federal, State, and local tax laws,
					 codes, and reporting requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5108 - Internal Controls Governing The Operation Of Video Lottery Gaming › Section 5108.3 - Obligation to terminate, suspend or refuse employment; form of notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each video
					 lottery gaming agent shall terminate or suspend the video lottery gaming
					 employment of any employee whose license has been denied, revoked or suspended
					 by the commission.
(b) The
					 commission shall notify each video lottery gaming agent of the name of each
					 person whose license, registration or application has been revoked, suspended
					 or denied by the commission concurrent with such revocation, suspension or
					 denial.
(c) Each video lottery
					 gaming agent required to terminate or suspend the video lottery gaming
					 employment of any person shall do so within 24 hours of receipt of the notice
					 from the commission described in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5108 - Internal Controls Governing The Operation Of Video Lottery Gaming › Section 5108.4 - Employee reporting and record keeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each video lottery gaming agent shall maintain a
						complete, accurate and current record of each employee in a form required by
						the commission and each video lottery gaming agent shall file such active and
						terminated employee reports with the commission by electronic data transfer
						monthly as prescribed by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5109 - Financial Controls For Video Lottery Gaming Agents › Section 5109.1 - Annual audit and other related reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each video lottery gaming agent, unless
					 specifically exempted by the commission in writing, shall, at such agent's own
					 expense, cause such agent's annual financial statements to be audited in
					 accordance with generally accepted auditing standards by an independent
					 certified public accountant licensed to practice in the State.
(b) The annual financial statements shall be
					 prepared on a comparative basis for the video lottery gaming agent's current
					 and prior standard financial year, and shall present financial position and
					 results of operations in conformity with generally accepted accounting
					 principles.
(c) The financial
					 statements required by this section shall include a footnote reconciling and
					 explaining any differences between the financial statements included in the
					 video lottery gaming agent's annual report and the audited financial
					 statements. Such footnote shall, at a minimum, disclose the effect of such
					 adjustments on:
(1) revenues from the video
					 lottery gaming facility;
(2)
					 revenues net of complimentary services;
(3) total costs and expenses;
(4) income before extraordinary items;
					 and
(5) the net result of revenues
					 less expenses.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5109 - Financial Controls For Video Lottery Gaming Agents › Section 5109.2 - Submission of standard financial and statistical reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each video lottery gaming agent, unless
					 specifically exempted by the commission, shall file quarterly reports of
					 financial, statistical, and informational data. The commission shall prescribe
					 a set of standard reporting forms and instructions to be used by each video
					 lottery gaming agent in filing such reports.
(b) Each report required to be submitted to
					 the commission by this Part shall be received or postmarked not later than the
					 required filing date unless specific approval for an extension is granted in
					 writing to the video lottery gaming agent by the commission. Requests for such
					 extension must be submitted to the commission in writing prior to the required
					 filing date. Quarterly reports shall be due not later than 45 days following
					 the end of the last month of any quarter.
(c) In the event of a video lottery gaming
					 agent license termination, change in business entity, or material change in
					 ownership, the commission may at the commission's discretion require the filing
					 of an interim report, as of the date of occurrence of the event.
(d) Copies of all financial statements and
					 statistical reports required to be filed with the commission shall be furnished
					 by the video lottery gaming agent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5109 - Financial Controls For Video Lottery Gaming Agents › Section 5109.3 - Format and structure of accounting records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Maintenance. The video lottery gaming
					 agent shall maintain complete, accurate, legible and permanent records of all
					 transactions pertaining to such agent's revenues, expenses, assets,
					 liabilities, and equity in conformance with generally accepted accounting
					 principles. The failure of the video lottery gaming agent to maintain records
					 according to such principles shall be a violation of these
					 regulations.
(b) Specific
					 requirements for records. The accounting records maintained by a video lottery
					 gaming agent shall be maintained using a double-entry system of accounting with
					 transactions recorded on the accrual basis and supported by detailed subsidiary
					 records. Such subsidiary records shall include, at a minimum, all of the
					 following:
(1) detailed general ledger
					 accounts identifying all revenue, expenses, assets, liabilities, and equity for
					 the video lottery gaming agent;
(2)
					 a record of all investments, advances, loans, and accounts receivable balances
					 due the video lottery gaming agent;
(3) a record of all loans and other accounts
					 payable by the video lottery gaming agent;
(4) a record of all accounts receivable
					 written off as uncollectible by the video lottery gaming agent;
(5) journal entries prepared by the video
					 lottery gaming agent;
(6) records
					 that identify video lottery terminal drop and video lottery terminal win for
					 each video lottery terminal and records accumulated for each video lottery
					 terminal by shift or by another accounting period pre-approved in writing by
					 the commission;
(7) records
					 supporting the accumulation of the costs for complimentary services and items
					 including records required to fully comply with all the Federal financial
					 recordkeeping requirements enumerated in 31 CFR part 103 ;
(8) records required by a video lottery
					 gaming agent's system of internal control;
(9) work papers supporting the daily
					 reconciliation of cash accountability;
(10) records supporting the utilization of
					 any expenses funded by the marketing and promotion program;
(11) other records that the commission has
					 required, in writing, to be maintained.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5110 - Pool Calculations › Section 5110.1 - Conduct of business with construction contractors; agent responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
No video lottery gaming agent may commence business with
						a construction contractor for the provision of construction services except
						pursuant to this Part if:
(a) the
					 construction contractor has a contract (or expects to transact business) with a
					 video lottery gaming agent that exceeds $250,000 in any 12- month period;
					 or
(b) the construction contractor
					 has contracts with more than one video lottery gaming agent that combined
					 exceed $500,000 in any 12-month period.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5110 - Pool Calculations › Section 5110.2 - Construction contractor identification number

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It shall be the responsibility of each
					 video lottery gaming agent to ensure that all construction contractors with
					 which it seeks to conduct business has first obtained from the commission a
					 construction contractor identification number by submitting an application for
					 such number on a form prescribed by the commission.
(b) The commission shall maintain the name
					 and business address of each construction contractor receiving an
					 identification number pursuant to this Part. During normal business hours, a
					 licensed employee shall escort a construction contractor on the gaming
					 floor.
(c) Notwithstanding any
					 other provision of these regulations, no video lottery gaming agent shall enter
					 into an agreement with any person or business entity who:
(1) has been denied a construction contractor
					 registration and identification number;
(2) has failed to comply with the appropriate
					 filing requirements for a construction contractor;
(3) has been temporarily prohibited from
					 doing business with any video lottery gaming agent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5110 - Pool Calculations › Section 5110.3 - Prohibited construction contractor list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission shall maintain a
					 prohibited construction contractor list containing those person(s) or business
					 entities with whom video lottery gaming agents are prohibited from doing
					 business in accordance with these regulations. Such list shall be made
					 available to video lottery gaming agents by the commission on a regular
					 basis.
(b) No person or business
					 entity shall be removed from the prohibited construction contractor list except
					 as follows:
(1) by order of the
					 commission;
(2) upon expiration of
					 the applicable period of restriction; or
(3) for a person who is placed on the
					 prohibited construction contractor list for failure to comply with all
					 applicable filing requirements, upon compliance therewith or after a period of
					 three years from the date of prohibition unless the commission determines that
					 such contractor should remain on such list to protect the public
					 interest.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5110 - Pool Calculations › Section 5110.4 - Filing construction contractor information with the commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 construction contractor that does business with a video lottery gaming agent
					 shall complete and file a registration statement with the commission.
(b) Each video lottery gaming agent shall
					 submit to the commission on a quarterly basis a list of all construction
					 contractors with whom it transacts business. Such agent shall update such list
					 submitted to the commission immediately upon entering into any agreement with a
					 construction contractor to conduct such business.
(c) The commission may review the transaction
					 documents between the video lottery gaming agent and any construction
					 contractor to determine the following:
(1) the
					 reasonableness of the terms of the transaction, including the terms of
					 compensation;
(2) the
					 qualifications of the persons involved in and associated with the transaction
					 in accordance with the standards of these regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5111 - Fees › Section 5111.1 - Fee policy for video lottery gaming

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall impose a fingerprint processing fee
						upon any applicant as required by these regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5112 - Video Lottery Gaming Revenues › Section 5112.1 - Identification of financial institution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Establishment of accounts. Prior to the
					 commencement of the operation of any video lottery gaming facility, the video
					 lottery gaming agent shall submit to the commission for approval the name and
					 location of a financial institution authorized to do business in the State
					 together with:
(1) the account number for the
					 account designated by the video lottery gaming agent for the deposit of video
					 lottery gaming revenues;
(2) the
					 account number for the account designated by the video lottery gaming agent for
					 the deposit of the portion of the vendor fee to be used exclusively for capital
					 investments ; and
(3) the financial
					 institution's routing information for collection and distribution of video
					 lottery gaming revenue.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5112 - Video Lottery Gaming Revenues › Section 5112.2 - Deposit of video lottery gaming revenues by agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Daily deposit. Each video lottery gaming
					 agent shall be required to deposit daily into the dedicated bank account for
					 video lottery gaming revenue the net proceeds from video lottery gaming for the
					 previous day as determined by the video lottery gaming central system and
					 related reports. Any withholdings for Federal, State, and local income taxes,
					 or public assistance and child support intercepts, shall be included in the
					 daily deposit. The commission shall remit such withholdings when received to
					 the appropriate governmental agencies.
(b) Electronic funds transfer. The net
					 proceeds of video lottery gaming required to be remitted daily to the
					 commission by this Part shall be remitted through an Electronic Funds Transfer
					 ( EFT) from the dedicated bank account for video lottery gaming revenue
					 provided by the video lottery gaming agent. The commission may utilize the EFT
					 to adjust certain administrative expenses, prize payments or net machine
					 income, as determined by the commission. To the extent that such daily EFT
					 cannot be achieved due to the unavailability of bank services, the remission
					 shall be made on the first day thereafter that such services are available.
					 Failure to comply with this procedure for EFT may result in the immediate
					 suspension of video lottery gaming at the video lottery gaming
					 facility.
(c) Loss or theft. The
					 commission is not responsible for the loss or theft of money prior to the
					 distribution of such money to the commission.
(d) Prize lapse. Any prize that has not been
					 paid out within a time period specified by the commission shall be remitted to
					 the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5112 - Video Lottery Gaming Revenues › Section 5112.4 - Duty to notify of accounting discrepancies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each video lottery gaming agent shall be
					 responsible for resolving accounting discrepancies between actual monies
					 collected and the amounts reported by the central system.
(b) Each video lottery gaming agent shall
					 report to the commission the date, amount, and cause of any accounting
					 discrepancy resulting from a daily count of receipts. Where the cause of the
					 accounting discrepancy is due to erroneous central computer system reporting,
					 the commission shall conduct an investigation to determine the proper
					 accounting for daily receipts and report the findings of such investigation to
					 the video lottery gaming agent.
(c)
					 Discrepancies shall mean differences between actual money collected and the
					 amount shown on the invoice report provided by the commission.
(d) The commission is not responsible for
					 resolving net terminal income discrepancies.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5112 - Video Lottery Gaming Revenues › Section 5112.5 - Delinquent accounts

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may charge debt service in the amount of
						one and one-half percent monthly (18 percent per annum) on any monies due to
						the commission from video lottery gaming agents whose accounts are delinquent
						for more than 30 days.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5113 - SUSPENSIONS, REVOCATIONS AND OTHER DISCIPLINE › Section 5113.1 - Suspension and revocation of a license or discipline of a licensee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Acceptance of a
					 video lottery gaming license or renewal thereof by a licensee constitutes an
					 agreement on the part of the licensee to be bound by these regulations and the
					 policies and procedures of the commission. It is the affirmative responsibility
					 of all licensees to keep informed of the content of all such regulations,
					 policies and procedures and amendments thereto. Any licensee, other than a
					 natural person, may be held accountable for the violations of such licensee's
					 principals or key employees. The commission may suspend or revoke any license
					 issued by the commission for any violation of these regulations.
(b) At the discretion of the commission, a
					 license issued under these regulations may be subjected to suspension or
					 revocation, the renewal of such license may be rejected or a licensee may be
					 fined for any of the following reasons, or any combination thereof:
(1) any violation of any provision of such
					 license, the act, other applicable law or these regulations;
(2) failure to comply with instructions of
					 the commission concerning a licensed activity;
(3) conviction of any:
(i) felony offense, as such term as defined
					 in State Penal Law section 10.00(5), or an equivalent offense committed in
					 another jurisdiction;
(ii) a
					 misdemeanor related to gambling, gaming, bribery, fraud, or any other offense
					 prejudicial to public confidence in the State lottery;
(4) failure to file any returns or reports or
					 to keep records or to pay any fee or submit revenue as may be
					 required;
(5) fraud, deceit,
					 misrepresentation or conduct prejudicial to public confidence in the
					 commission;
(6) failure to furnish
					 a surety or other bond in such amount as may be required by the
					 commission;
(7) a material change
					 since issuance of the license with respect to any matter required to be
					 considered by the commission;
(8)
					 whenever the commission finds that the licensee's experience, character, and
					 general fitness are such that participation in video lottery gaming is
					 inconsistent with the public interest or convenience or for any other reason
					 within the discretion of the commission;
(9) the failure to notify the commission, in
					 writing, within a reasonable time of any arrest for a misdemeanor or a felony,
					 indictment, or service of a summons, or conviction for any felony whether
					 within or without the State, or within or without the United States, occurring
					 during the term of the license or the renewal thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5113 - SUSPENSIONS, REVOCATIONS AND OTHER DISCIPLINE › Section 5113.2 - Continuation of video lottery gaming in event of termination of video lottery gaming agent license

Current through Register Vol. 46, No. 28, July 10, 2024
By reason of the substantial investment of State revenue
						in each video lottery gaming facility, in the event of a termination of the
						video lottery gaming agent's license, the commission or the commission's
						designee may take possession and control of such video lottery gaming
						facilities and amenities to insure the uninterrupted operation of the video
						lottery gaming facility until such time as a successor to such video lottery
						gaming agent is approved by the commission. During any such period of operation
						by the commission or the commission's designee, the agent compensation shall be
						retained by the commission for the benefit of the fund.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5113 - SUSPENSIONS, REVOCATIONS AND OTHER DISCIPLINE › Section 5113.3 - Initiation of disciplinary proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided by the act
					 or these regulations, at any time during the review and investigation of a
					 complaint or alleged violation of the act or these regulations, the commission
					 may initiate disciplinary proceedings:
(1) to
					 suspend or revoke any license or certificate issued pursuant to the act;
					 or
(2) to otherwise sanction the
					 agent or licensee for violations of the act or these regulations.