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 B - Casino Gaming › Part 5307 - Vendor Licensing and Registration › Section 5307.5 - Vendor application and disclosure forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each applicant for a casino vendor
					 enterprise license, ancillary casino vendor enterprise license, or vendor
					 registration shall file a vendor application and registration form and other
					 disclosure forms as determined by the commission.
(b) Managers and supervisory personnel of a
					 casino vendor enterprise or ancillary casino vendor are required to fill out a
					 casino key employee application form and comply with the standards for issuance
					 of a casino key employee license as set forth in section
					 5304.2 of this
					 Subchapter.
(c) Owners of a casino
					 vendor enterprise or ancillary casino vendor are required to fill out a casino
					 key employee application form and comply with the standards for issuance of a
					 casino key employee license as set forth in section
					 5304.2 of this Subchapter, except
					 that the commission may in its discretion waive application and disclosure
					 requirements for qualified institutional investors and passive investors of a
					 vendor (as defined in section
					 5300.1 of this
					 Subchapter).
(d) No owner of a
					 casino vendor enterprise licensee or ancillary casino vendor enterprise
					 licensee that provides services to a gaming facility is permitted to wager at
					 any gaming facility to which such licensee provides services.
(e) No manager, supervisory personnel or
					 employee of a casino vendor enterprise licensee or ancillary casino vendor
					 enterprise licensee that provides services to a gaming facility is permitted to
					 wager at such gaming facility or with equipment or products of such casino
					 vendor enterprise licensee or ancillary casino vendor enterprise licensee at
					 any gaming facility.
(f) Employees
					 of a casino vendor enterprise licensee or ancillary casino vendor enterprise
					 licensee who provide services to the gaming area of a gaming facility are
					 required to complete a vendor employee license application form and comply with
					 the standards of a casino key employee as set forth in Part 5304 of this
					 Subchapter.
(g) Any employee of a
					 vendor registrant performing duties related to a gaming facility is required to
					 complete a non-gaming employee application form and undergo a criminal history
					 fingerprint review to determine compliance with the standards of a non-gaming
					 employee as set forth in Part 5306 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 B - Casino Gaming › Part 5307 - Vendor Licensing and Registration › Section 5307.6 - Temporary service providers; badges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 A gaming facility licensee may authorize any person or business to perform
					 services for a period not greater than one business day, provided such facility
					 issues a temporary service badge to such temporary service provider and such
					 temporary service provider is escorted by a licensed employee at all times. If
					 such temporary service provider requires access to restricted areas, such
					 temporary service provider must be accompanied by a licensed casino key
					 employee, unless otherwise approved by the commission.
(b) Temporary service badges shall:
(1) remain on the property of the gaming
					 facility at all times;
(2) be
					 distributed to the temporary service provider upon daily arrival at the gaming
					 facility; and
(3) be returned daily
					 by such temporary service provider to the gaming facility at the close of the
					 temporary service provider's work shift.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5307 - Vendor Licensing and Registration › Section 5307.7 - Duration of license and registration

Current through Register Vol. 46, No. 28, July 10, 2024
Casino vendor enterprise licenses, ancillary casino
						vendor enterprise licenses and vendor registrations shall remain valid as set
						forth in Racing, Pari-Mutuel Wagering and Breeding Law section
						1327.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5308 - Junket Operator Licensing › Section 5308.1 - Permissible junket activity

Current through Register Vol. 46, No. 28, July 10, 2024
A junket, junket enterprise or junket representative, as
						such terms are defined in Racing, Pari-Mutuel Wagering and Breeding Law
						sections 1301(29), (30) and (31), shall be organized or participate with a
						gaming facility licensee only in accordance with Racing, Pari-Mutuel Wagering
						and Breeding Law section 1328.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5308 - Junket Operator Licensing › Section 5308.2 - License or registration of junket operator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 junket representative who is employed by a gaming facility licensee, an
					 applicant for a gaming facility license or an affiliate of a gaming facility
					 licensee, is required to be licensed as, and meet the qualifications of, a
					 casino key employee in accordance with Part 5304 of this Subchapter, except
					 that a junket representative does not need to fulfill the residency requirement
					 of a casino key employee.
(b) A
					 junket enterprise and any junket representative not employed by a gaming
					 facility licensee, applicant for a gaming facility license or junket
					 enterprise, is required to be licensed as, and meet the qualifications of, an
					 ancillary casino vendor as set forth in Part 5307 of this Subchapter.
(c) A non-supervisory employee of a junket
					 enterprise or junket representative is required to be registered as, and meet
					 the qualifications of, a non-gaming employee as set forth in Part 5306 of this
					 Subchapter.
(d) In addition to the
					 requirements set forth in subdivisions (a) and (b) of this section, such
					 applicants must submit a statement in writing affirming the applicant's
					 agreement to submit to the jurisdiction of, and service of process in, the
					 State of New York.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5308 - Junket Operator Licensing › Section 5308.3 - Waive

Current through Register Vol. 46, No. 28, July 10, 2024
Upon petition by a gaming facility licensee in accordance
						with Racing, Pari-Mutuel Wagering and Breeding Law section 1328(13), the
						commission may exempt arrangements otherwise included within the definition of
						"junket" from compliance with 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 B - Casino Gaming › Part 5308 - Junket Operator Licensing › Section 5308.4 - Agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 gaming facility licensee shall participate in a junket pursuant to a junket
					 operator agreement with a junket representative or junket enterprise licensed
					 in accordance with section
					 5308.2 of this Part. The junket
					 operator agreement shall be filed with the commission prior to the commencement
					 of the junket.
(b) The term of a
					 junket operator agreement shall not exceed the expiration date of the junket
					 representative or junket enterprise license or registration related thereto.
(c) A gaming facility licensee
					 must notify the commission of any change to a junket operator agreement no
					 later than three days before the commencement of the first junket arrangement
					 subject to the revised terms.
(d) A
					 gaming facility licensee must notify the commission of the termination of any
					 junket operator agreement no later than five days after such
					 termination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5308 - Junket Operator Licensing › Section 5308.5 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Junket
					 operator report. A gaming facility licensee shall submit a quarterly report to
					 the commission describing the operation of any junket representative or junket
					 enterprise engaged on its premises, which report shall include:
(1) name of each licensed junket
					 representative or junket enterprise;
(2) status of current relationship with each
					 junket representative or junket enterprise;
(3) compensation paid in that quarter to each
					 junket representative or junket enterprise;
(4) number of preferred guests attributed to
					 each junket representative or junket enterprise;
(5) arrival and departure time and date of
					 each junket representative or junket enterprise;
(6) list of gaming facility licensee
					 employees acting as junket representatives; and
(7) such other information the commission may
					 require.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5308 - Junket Operator Licensing › Section 5308.6 - Junket operator prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
No junket enterprise or junket representative or person
						acting as a junket representative may engage in the activities set forth in
						Racing, Pari-Mutuel Wagering and Breeding Law 1328(14).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5309 - Lobbyist Registration › Section 5309.1 - Registration of lobbyists

Current through Register Vol. 46, No. 28, July 10, 2024
A lobbyist seeking to engage in lobbying activity on
						behalf of a client or a client's interest before the commission shall, in
						advance of such activity and in accordance with Racing, Pari-Mutuel Wagering
						and Breeding Law section 1329, file a lobbying registration form the commission
						supplies and may amend from time to time.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5309 - Lobbyist Registration › Section 5309.2 - Termination

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the termination of a lobbyist's retainer, employment
						or designation, such lobbyist and the client on whose behalf such service has
						been rendered shall give written notice to the commission within 30 days after
						the lobbyist ceases the activity that required such lobbyist to file a lobbying
						registration form. Such lobbyist shall nevertheless comply with reporting
						requirements up to the date such activity has ceased, as required by Article
						1-A of the Legislative Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5310 - Labor Organization Registration › Section 5310.1 - Labor organization registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A labor
					 organization, union or affiliate seeking to represent employees who are
					 employed in a gaming facility by a gaming facility licensee, shall file
					 biennially with the commission a labor organization registration statement the
					 commission supplies and may amend when necessary.
(b) A labor organization registration
					 statement shall include, without limitation, the following:
(1) names and addresses of labor
					 organizations, unions or affiliates associated with the registrant;
(2) information as to whether the registrant
					 is involved or seeking to be involved actively, directly or substantially in
					 the control or direction of the representation of any employee licensed by the
					 commission and employed by a gaming facility licensee;
(3) information as to whether the registrant
					 holds, directly or indirectly, any financial interest whatsoever in the gaming
					 facility licensee;
(4) names of any
					 pension and welfare systems maintained by the registrant and all officers and
					 agents of such organizations and systems;
(5) names of all officers, agents and
					 principal employees of the registrant; and
(6) such other information the commission may
					 require.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5310 - Labor Organization Registration › Section 5310.2 - Labor organization officers, agents and principal employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 officer, agent and principal employee of a labor organization, union or
					 affiliate registered or required to be registered pursuant to this Part shall:
(1) file with the commission a labor
					 organization individual disclosure form the commission supplies and may amend
					 from when necessary; and
(2) be
					 qualified in accordance with criteria set forth in Racing, Pari-Mutuel Wagering
					 and Breeding Law section 1318, unless the commission waives such qualification
					 in accordance with Racing, Pari-Mutual Wagering and Breeding Law section
					 1330(2).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5310 - Labor Organization Registration › Section 5310.3 - Authorized representative access

Current through Register Vol. 46, No. 28, July 10, 2024
A gaming facility licensee shall grant authorized
						representatives of a labor organization, union or affiliate registered pursuant
						to this Part access to non-sensitive, back-of-house areas within the gaming
						facility to permit meetings with their members.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5311 - MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS › Section 5311.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
					 of this Part is to ensure gaming facility licensees comply with the provisions
					 of article 15-A of the Executive Law and the rules and regulations set forth in
					 Parts 140 through 144 of Title 5 NYCRR. These policies are intended to promote
					 and encourage maximum feasible participation by minority- and women-owned
					 businesses in State contracting opportunities. The commission intends to apply
					 these policies to contracting opportunities in gaming facilities licensed
					 pursuant to article 13 of the Racing, Pari-Mutuel Wagering and Breeding
					 Law.
(b) It is the policy of the
					 commission to ensure that gaming facility licensees construct their gaming
					 facility and ancillary development and conduct all aspects of their operations
					 in a manner that assures diversity of opportunity.
(c) It is the further policy of the
					 commission to ensure diversity in contracting by each gaming facility licensee
					 and its contractors, subcontractors, assignees, lessees, vendors and
					 agents.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5311 - MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS › Section 5311.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context indicates otherwise, the following
						definitions apply throughout this Part:
(a)
Available
means a
					 minority-owned or women-owned business enterprise, without regard to its
					 geographic location, that is ready, willing and able to provide a commercially
					 useful function on a contract.
(b)
Contract
means a written agreement or purchase order
					 instrument, providing for a total expenditure in excess of $25,000, whereby a
					 gaming facility licensee is committed to expend or does expend funds in return
					 for labor, services, including without limitation legal, financial and other
					 professional services, supplies, equipment, materials or a combination of the
					 foregoing, to be performed for, or rendered or furnished to, such gaming
					 facility licensee; or a written agreement in excess of $100,000 whereby such
					 gaming facility licensee is committed to expend or does expend funds for the
					 acquisition, construction, demolition, replacement, major repair or renovation
					 of real property and improvements thereon.
(c)
Division
means the
					 Division of Minority and Women's Business Development in the Department of
					 Economic Development.
(d)
Established goals
means the percentage of aggregate gaming
					 facility licensee expenditures targeted for the participation of minority- and
					 women-owned business enterprises sought to be included in a gaming facility
					 licensee's operation by contractors, subcontractors, suppliers, consultants,
					 joint ventures, teaming agreements or other similar arrangements. The
					 commission shall adopt such goals annually. In determining what established
					 goals are appropriate in relation to a particular gaming facility licensee, the
					 commission shall consider the following factors:
(1) number, type and percentage of minority-
					 and women-owned business enterprises available;
(2) potential subcontract opportunities in a
					 contract and the availability of minority- and women-owned business enterprises
					 to respond thereto; and
(3)
					 disparity in the contracting area as evidenced by a relevant Department of
					 Economic Development disparity study authorized pursuant to Executive Law
					 section 312(a).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5311 - MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS › Section 5311.3 - Establishment of a utilization plan; plan review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each gaming facility licensee shall
					 annually submit to the commission for approval a utilization plan illustrating
					 specific goals for each contract type, divided by commodities, construction
					 consultants, construction, goods and services, and consultants; and the name,
					 address and telephone number of each minority- and women-owned business
					 enterprise with which the gaming facility licensee intends to contract or
					 subcontract, or otherwise submit in connection with satisfaction of its
					 established goals.
(b) The
					 commission shall review each utilization plan within 20 business days,
					 consistent with section
					 142.6(c)  of Title
					 5 NYCRR. If the commission does not approve such utilization plan, the
					 commission shall provide the gaming facility licensee a written notice of
					 utilization plan deficiency within 20 business days of the receipt of the
					 proposed plan. Should a notice of deficiency be issued, such notice shall
					 include, without limitation, the following:
(1) a list of minority- and women-owned
					 business enterprises that the gaming facility licensee could potentially
					 use;
(2) the name of any minority-
					 and women-owned business enterprise that is not acceptable for the purpose of
					 complying with the established goals; and
(3) any other information that the commission
					 determines to be relevant to developing an approvable minority- and women-owned
					 business enterprise utilization plan.
The commission shall promptly provide the division with
						copies of all documents that are submitted to it by the gaming facility
						licensee under this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5311 - MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS › Section 5311.4 - Contract approval and quarterly reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The gaming facility licensee shall
					 include in all of its procurement solicitations and contracts related to gaming
					 facility capital projects language provided by the commission that promotes and
					 encourages the maximum feasible participation by minority- and women-owned
					 businesses in such contracting opportunities.
(b) A gaming facility licensee shall submit
					 all of its procurement contracts for gaming facility capital projects to the
					 commission for review and approval by the division prior to the execution of
					 such contract by the gaming facility licensee. No such procurement contract
					 shall be effective unless and until such procurement contract has been reviewed
					 and approved by the division as to the procurement contract's compliance with
					 subdivision (a) of this section.
(c) A gaming facility licensee shall submit
					 to the commission quarterly minority- and women-owned business enterprise
					 utilization reports in a form designated by the commission.
(d) A gaming facility licensee shall, upon
					 request of the commission, provide access to other relevant documentation,
					 including without limitation books, records and payroll records, relating to
					 such gaming facility licensee's operations and implementation of such gaming
					 facility licensee's utilization plan.
(e) Any waivers of compliance issued by the
					 commission, or modifications to the utilization plan as set forth in section
					 5311.7 of this Part, shall be
					 posted on the gaming facility licensee's website within 10 business days of
					 such commission decision.
(f) The
					 commission shall promptly provide the division with copies of all documents
					 that are submitted to it by the gaming facility licensee pursuant to this
					 section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5311 - MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS › Section 5311.5 - Required notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Within 30 days after a gaming facility licensee determines that it will not
					 attain an established goal, the gaming facility licensee shall submit a report
					 to the commission that includes a detailed description of its good-faith
					 efforts to attain the established goal or capacity, including, without
					 limitation, the following:
(1) documentation
					 of direct contact or negotiations with minority- and women-owned business
					 enterprises for specific contracting or transacting opportunities. The actions
					 taken shall be reported in a manner that includes the following items:
(i) a detailed statement of the efforts made
					 to negotiate with minority- and women-owned business enterprises, including the
					 following:
(a) the names, business addresses
					 and business telephone numbers of the minority- and women-owned business
					 enterprises contacted; and
(b) a
					 detailed statement of the reason why prospective agreements were not reached;
					 and
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5311 - MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS › Section 5311.6 - Additional deficiency reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission may require additional
					 minority- and women-owned business enterprise documentation if a gaming
					 facility licensee submits deficient minority- and women-owned business
					 enterprise good-faith effort documentation.
(b) A gaming facility licensee shall respond
					 to any request for additional documentation by submitting a proposed remedy in
					 writing within seven business days, consistent with section
					 142.6(e)  of Title
					 5 NYCRR.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5311 - MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS › Section 5311.7 - Waiver request

Current through Register Vol. 46, No. 28, July 10, 2024
If a deficiency is not remedied, and the gaming facility
						licensee is requesting a waiver of compliance with this Part:
(a) If the written remedy submitted is found
					 to be inadequate, such failure to remedy the deficiency may be grounds for
					 sanctioning such gaming facility licensee, including the possibility of
					 forfeiture of such gaming facility's license, or the commission will notify the
					 contractor and direct the same to submit, within five business days, a request
					 for partial or total waiver of utilization goals, consistent with section
					 142.6(f)  of Title
					 5 NYCRR.
(b) The commission shall
					 submit a copy of the deficient utilization plan to the MWBE director, along
					 with the gaming facility licensee's good-faith documentation, and waiver
					 request.
(c) The commission, in
					 consultation with the MWBE director, shall determine whether additional action
					 can be taken to assist the gaming facility licensee to reach such gaming
					 facility licensee's goal or whether a formal request will be made to waive the
					 goal.
(d) The commission may, with
					 prior approval from the MWBE director, grant a partial or total waiver of
					 established goal requirements only upon the submission of information
					 supporting a waiver request by the gaming facility licensee and the
					 verification of requisite documentation of good-faith efforts by the gaming
					 facility licensee to justify a waiver request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5311 - MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS › Section 5311.8 - Failure to attain goals; penalty

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 gaming facility licensee may be considered as having failed to satisfy
					 minority- and women-owned business enterprise participation goals if the gaming
					 facility licensee:
(1) has failed to make a
					 good-faith effort to achieve the established goals; or
(2) fails to prepare and file accurate or
					 timely reports as required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5312 - WORKFORCE ENHANCEMENT STANDARDS › Section 5312.1 - Policy and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The commission is committed to ensuring that each gaming
						facility licensee maintains a diverse workplace and provides an opportunity of
						employment for all residents. This Part is intended to ensure that each gaming
						facility licensee faithfully adheres to workforce enhancement standards and
						considers annually its workforce diversity approach and
						practice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5312 - WORKFORCE ENHANCEMENT STANDARDS › Section 5312.2 - Workforce diversity plans

Current through Register Vol. 46, No. 28, July 10, 2024
Each gaming facility licensee shall submit annually for
						commission approval a workforce diversity plan, which shall detail such gaming
						facility licensee's commitment to ensuring a diverse workplace and opportunity
						of employment for all residents. The annual plan shall review any previously
						submitted topical material, including without limitation the workplace
						development commitments contained within the gaming facility licensee's
						submitted proposals, and suggest changes necessitated by best practices or
						practical experience. The annual workforce diversity plan shall detail the
						gaming facility licensee's:
(1)
					 commitment to establish, fund and maintain a workforce training program that:
(i) establishes transparent career paths with
					 measurable criteria that lead to increased responsibility and higher pay grades
					 that are designed to allow employees to pursue career advancement and
					 promotion; and
(ii) provides
					 employees access to additional resources, such as tuition reimbursement or
					 stipend policies, to enable employees to acquire the education or job training
					 needed to advance career paths based on increased responsibility and pay
					 grades;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5312 - WORKFORCE ENHANCEMENT STANDARDS › Section 5312.3 - Self-assessment review; additional reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each gaming facility licensee shall
					 submit annually to the commission a self-assessment review detailing the
					 previous year's actual practice in regard to such gaming facility licensee's
					 workforce diversity practice, including review of human resources, affirmative
					 action and job opportunities and training for the underemployed. The
					 underemployed are those workers who are highly skilled but working in
					 low-paying or low-skilled jobs and part-time workers who would prefer to be
					 full time.
(b) Additionally, each
					 gaming facility licensee shall file annually a report with the commission
					 concerning the performance of such gaming facility licensee's diversity plan.
					 The report shall contain the following:
(1)
					 employment data, including information on the following:
(i) minority and women representation in the
					 gaming facility licensee's workforce in all job classifications;
(ii) salary information;
(iii) recruitment and training information,
					 including executive and managerial level recruitment and training;
					 and
(iv) retention and outreach
					 efforts; and
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5312 - WORKFORCE ENHANCEMENT STANDARDS › Section 5312.4 - Compliance monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will determine whether the stated goals
						set forth in each workforce diversity plan are consistent with commitments
						contained within a gaming facility licensee's submitted proposals, reasonable
						as to any deviations identified and whether attempts to meet such commitments
						reflect a good-faith effort to ensure that all persons are accorded equality of
						opportunity in employment by such gaming facility licensee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5312 - WORKFORCE ENHANCEMENT STANDARDS › Section 5312.5 - Failure to meet goals; penalty

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 gaming facility licensee may be considered as having failed to meet its
					 workforce diversity plan goals if the gaming facility licensee:
(1) has failed to make a good-faith effort to
					 achieve such goals;
(2) fails to
					 improve its efforts toward attainment of such goals after becoming aware that
					 it will fail to meet such goals; or
(3) fails to prepare and file accurate or
					 timely reports as required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5313 - Conduct and Operation of Gaming › Section 5313.2 - Age for gaming participation; signage; responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To effectuate compliance with Racing,
					 Pari-Mutuel Wagering and Breeding Law section 1332(1), each gaming facility
					 licensee shall post appropriate security personnel at any location in the
					 facility that allows access to the gaming floor.
(b) A gaming facility licensee shall post
					 signs that include a statement that is similar to the following: "It is
					 unlawful for any individual under 21 years of age to enter or remain in any
					 area where gaming is conducted. It is unlawful for any individual under 21
					 years of age to wager, play or attempt to play a slot machine or table game.
					 Individuals violating this prohibition will be removed and may be subject to
					 arrest and criminal prosecution." Such signs shall be posted prominently at
					 each entrance and exit of the gaming floor.
(c) A gaming facility licensee shall identify
					 and remove any person who is under 21 years of age and not otherwise authorized
					 by law to be on the gaming floor and immediately notify onsite commission staff
					 when a person under 21 years of age is discovered on the gaming floor, in areas
					 off the gaming floor where gaming activity is conducted or engaging in
					 gaming-related activities.
(d) A
					 gaming facility licensee shall not allow or permit any person who is under 21
					 years of age to:
(1) participate as a player
					 at any game in such gaming facility;
(2) receive any complimentary services or
					 items as a result of, or in anticipation of, such individual's gaming
					 activity;
(3) be present on the
					 gaming floor without the escort of a licensed gaming facility employee and for
					 longer than necessary to reach a destination that is not on the gaming floor;
					 or
(4) make any wager at any such
					 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 B - Casino Gaming › Part 5313 - Conduct and Operation of Gaming › Section 5313.3 - Hours of operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 change in scheduled hours of operation of a gaming facility means a change in
					 scheduled hours effected pursuant to the requirements of Racing, Pari-Mutuel
					 Wagering and Breeding Law section 1333(2).
(b) An alteration in scheduled hours of
					 operation of a gaming facility means a temporary deviation from established
					 hours of operation, as contemplated by Racing, Pari-Mutuel Wagering and
					 Breeding Law section 1333(3). A gaming facility licensee proposing an
					 alteration of scheduled hours of operation must do so in writing to the
					 commission at least 30 days prior to the effective date of the proposed
					 alteration, and no such alteration shall be permitted absent prior approval by
					 the commission; provided, however, that the commission may shorten or waive the
					 prior notice and prior approval requirements if extraordinary circumstances
					 exist, in the judgment of the commission.
(c) If a gaming facility is required to close
					 during normal business hours due to an emergency, such facility shall notify
					 the commission as soon as practicable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5313 - Conduct and Operation of Gaming › Section 5313.4 - Facility accessibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Consistent with the requirements of Title III of the Americans with
					 Disabilities Act of 1990 (42
					 U.S.C. §§
												12181-12189) and
					 regulations promulgated thereunder (referred to in this section, collectively,
					 as the ADA), each gaming facility licensee that is a public accommodation as
					 defined in the ADA shall comply with Federal law pertaining to ensuring that
					 individuals with disabilities are provided an equal opportunity to participate
					 in or benefit from such licensee's goods and services. To accomplish these
					 objectives, such gaming facility licensee's internal control system shall
					 ensure ongoing ADA compliance, including, at a minimum:
(1) designation of or hiring an ADA
					 compliance officer who, within 90 days of designation or hire, shall undergo
					 training, at such gaming facility licensee's expense, in regard to the
					 requirements of Title III of the ADA. The ADA compliance officer shall be
					 responsible for handling, among other things, any disability-related complaints
					 from patrons and guests of the gaming facility;
(2) training of all first-line supervisors
					 and managers, within 90 days of hire, on Title III of the ADA as such law
					 applies to a gaming facility and on the obligations to ensure that all guests
					 with disabilities are afforded an equal opportunity to participate in the
					 services, facilities and activities offered at the gaming facility;
					 and
(3) development of an
					 ADA-complaint resolution policy to address ADA-related complaints by patrons
					 and guests of such gaming facility and provide a copy of such policy to the
					 commission for review and input. Such policy shall identify the ADA compliance
					 officer and the process by which complaints will be investigated and resolved.
					 Such gaming facility licensee shall implement such policy within 60 days of
					 receiving and implementing the commission's comments.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5313 - Conduct and Operation of Gaming › Section 5313.5 - Access badges and temporary access credentials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A gaming facility licensee shall develop
					 an access control matrix indicating the restricted areas in a licensed facility
					 to which each employee, and each employee of a vendor or any other authorized
					 person has access in accordance with such person's job description. Access to
					 restricted areas by a gaming facility employee or vendor employee shall be
					 limited to the restricted areas to which such employee needs access in the
					 course of the performance of such employee's normal duties listed in such
					 employee's job description.
(b) A
					 gaming facility licensee shall adopt an access badge system consisting of a
					 badge that contains an employee's name, picture and identifying code that
					 indicates such employee's title and/or job function.
(c) A gaming facility licensee shall prepare
					 and maintain internal control procedures for:
(1) issuance of access badges for employees,
					 vendor employees and other non-employees permitted to have access to one or
					 more restricted areas and issuance of replacement access badges when a badge is
					 misplaced, stolen, forgotten, damaged, not functioning or obsolete;
(2) issuance of temporary identification
					 credentials to employees, vendor employees and other non-employees;
					 and
(3) collection of such access
					 badges or credentials when an employee, vendor employee or other non-employee
					 has been suspended or discharged or when an employee's employment has been
					 terminated.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5313 - Conduct and Operation of Gaming › Section 5313.6 - Licensee leases and contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Consistent with Racing, Pari-Mutuel Wagering and Breeding Law section 1341,
					 each gaming facility applicant or licensee shall maintain a record of each
					 written or unwritten agreement in regard to the realty, construction,
					 maintenance or business of a proposed or existing gaming facility or related
					 facility, without regard to whether such gaming facility applicant or licensee
					 is a party to such agreement.
(b)
					 The commission may review any agreement described in subdivision (a) of this
					 section on the basis of the reasonableness of its terms, including the terms of
					 compensation, and of the qualifications of the owners, officers, employees and
					 directors of any enterprise involved in the agreement.
(c) If the commission disapproves of such an
					 agreement or of the owners, officers, employees or directors of any enterprise
					 involved in such agreement, the commission may require termination of such
					 agreement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5313 - Conduct and Operation of Gaming › Section 5313.7 - Emergency procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 gaming facility licensee shall submit to the commission, the New York State
					 Police, local police department and the local fire department, no less than 90
					 days before the issuance of an operation certificate, an emergency action plan
					 for the response to, and management of, fire, medical emergencies, loss of
					 power, critical system and/or equipment failures, including without limitation
					 surveillance and accounting, and natural disasters in all areas of the gaming
					 facility and ancillary developments.
(b) Such plan shall include procedures for
					 notification of the New York State Police, local police department, the local
					 fire department or emergency medical personnel, and procedures for expedited
					 and unimpeded access of the personnel into all areas of the gaming facility or
					 ancillary developments in the event of a fire, medical or other
					 emergency.
(c) Such plan shall also
					 include a proposed inspection schedule allowing the New York State Police,
					 local police department and local fire department personnel to inspect all
					 areas of the gaming facility and ancillary developments for compliance with
					 applicable fire and emergency laws, codes and ordinances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5313 - Conduct and Operation of Gaming › Section 5313.8 - Operation certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 gaming facility licensee may not open a gaming facility for business or begin
					 gaming operations until the commission has issued a valid operation certificate
					 in accordance with the requirements of Racing, Pari-Mutuel Wagering and
					 Breeding Law section 1331.
(b) To
					 obtain an operation certificate, each gaming facility shall establish to the
					 satisfaction of the commission that the:
(1)
					 gaming facility complies in all respects with the applicable requirements of
					 Article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law and this
					 Subchapter;
(2) gaming licensee has
					 implemented necessary internal control procedures for the safe and efficient
					 operation of the gaming facility;
(3) gaming facility has complied with the
					 licensing provisions of this Subchapter;
(4) commission has been provided proof that
					 all employees are licensed or registered for the performance of their
					 respective responsibilities;
(5)
					 gaming facility is prepared in all respects to receive and entertain the
					 public;
(6) gaming facility meets
					 or exceeds State and local fire and safety standards; and
(7) gaming facility has provided payroll
					 records that establish to the satisfaction of the commission that it has
					 complied with the requirements of Article 13 of the Racing, Pari-Mutuel
					 Wagering and Breeding Law, if applicable. Such payroll records shall be
					 accompanied by an attestation by the gaming facility's chief executive officer
					 or other delegated person as to their accuracy.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5313 - Conduct and Operation of Gaming › Section 5313.9 - Firearms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
					 possess, or be permitted to possess, any firearm within a gaming facility
					 without the prior express written consent of the commission, except any on-duty
					 officer or agent of any local, State or Federal law enforcement agency, when
					 such officer or agent is acting in an official capacity.
(b) The gaming facility licensee shall post
					 in a conspicuous location at every entrance to the gaming facility a sign
					 stating: "No Person Shall Possess Any Firearm Within This Facility."