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 5329 - Sports Wagering › Section 5329.17 - Manner of placing wager

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Placement of wagers.
All wagers pursuant to this Part shall be placed within a
						sports wagering lounge with a wagering cashier at a wagering counter or at an
						automated ticket machine located within a sports wagering lounge or other
						location within the gaming facility as approved by the commission.
(b)
Forms of payment.
Wagers pursuant to this Part shall be made in cash,
						vouchers, gaming chips or validated wagering tickets of value or any other form
						of payment approved by the commission.
(c)
Rescission.
An operator shall not rescind any wager made pursuant to
						this Part unless extraordinary circumstances exist and the prior written
						approval of the commission has been obtained.
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 5329 - Sports Wagering › Section 5329.18 - Wagering tickets

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Wagering ticket requirements.
Upon accepting a wager, a wagering cashier shall cause
						the wagering platform to generate a wagering ticket. The wagering ticket shall
						include, at a minimum, the following:
(1) operator's name;
(2) event number;
(3) description of event;
(4) type of wager;
(5) unique wagering ticket
					 identifier;
(6) a barcode or
					 similar symbol or marking, as approved by the commission, corresponding to the
					 unique wagering ticket number;
(7)
					 date and time of issuance;
(8)
					 cashier identifier or automated ticket machine identifier;
(9) location of issuance;
(10) amount of the wager;
(11) date, or dates, of the sports event or
					 events;
(12) payout odds;
(13) amount to be paid on a winning wager,
					 unless the wager is a pari-mutuel wager;
(14) the patron's player card account number,
					 if any; and
(15) mail-in redemption
					 instructions.
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 5329 - Sports Wagering › Section 5329.19 - Wagering restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Age.
No person under 21 years of age may place a wager with an
						operator, as required by Racing, Pari-Mutuel Wagering and Breeding Law section
						1367(3)(d).
(b)
Prohibited persons.
An operator shall not knowingly accept any wager from any
						prohibited sports pool participant. No prohibited sports pool participant is
						permitted to make such a wager at any operator or collect winnings from any
						such wager, which wager shall be deemed void. Any person who is a direct or
						indirect legal or beneficial owner of 10 percent or greater of a sports
						governing body or any of such body's member teams shall not place or accept
						wagers on a sports event in which any member team of such sports governing body
						participates.
(c)
Proxy wagering and collection prohibited.
An operator shall not make payment on a winning wager to
						a person who the operator knows or reasonably should know is collecting the
						payment on behalf of another for monetary consideration or in violation of
						local, State or Federal law. An operator shall not make payment on a winning
						wager to a person who the operator knows or reasonably should know is engaging
						in such activity for profit or as a business enterprise. An operator may
						withhold payment of a winning wager if a customer refuses to supply
						identification or any other documentation required by this Part or article 13
						of the Racing, Pari-Mutuel Wagering and Breeding Law.
(d)
Minimum and maximum wager.
Minimum and maximum amounts of wagers shall be as
						established by an operator's house rules approved by the commission. An
						operator shall disclose clearly the maximum and minimum wagers applicable to
						the wagers such operator offers.
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 5329 - Sports Wagering › Section 5329.20 - Certain payouts; wagering ticket control

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Wagers and payouts greater than $10,000.
(1) Prior to accepting any wager in excess of
					 $10,000 or making a payout in excess of $10,000 on a winning wagering ticket or
					 voucher, an operator shall:
(i) create a
					 patron identification file and identify the patron;
(ii) obtain and record the patron's Social
					 Security number in the patron identification file; and
(iii) record, on a log, the following
					 information, at a minimum:
(a) date of the
					 wager or payout;
(b) name of the
					 patron;
(c) name and signature of
					 the employee authorizing the acceptance of the wager; and
(d) name and signature of the cashier
					 identifying the patron and generating the wagering ticket or making the
					 payout.
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 5329 - Sports Wagering › Section 5329.21 - Cancellation of wagers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Commission void.
The commission may order the voiding of wagers, and
						require refunds, on any event for which wagering, or the continuation of
						wagering, would be contrary to the public policies of the State.
(b)
Patron
					 cancellation.
A wagering ticket may be cancelled by a patron at the
						discretion of the operator, so long as no sporting event upon which the wager
						was made has commenced.
(c)
Payout adjustments.
House rules shall state clearly circumstances in which
						the payouts are to be adjusted, including, without limitation:
(1) when wagers are affected by cancelled
					 events;
(2) when and for what
					 reason or reasons wagers will be cancelled; and
(3) application of aggregate limits as
					 outlined in section
					 5329.14(b) of 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 5329 - Sports Wagering › Section 5329.22 - Structuring of multiple wagers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Prohibition.
An operator shall not knowingly allow, and shall take
						reasonable steps to prevent, the circumvention of reporting requirements
						through a patron making a structured wager, including multiple wagers or a
						series of wagers that are designed to accomplish indirectly that which could
						not be accomplished directly. A wager or wagers need not exceed the dollar
						thresholds at any single operator in any single day in order to constitute
						prohibited structuring. No operator shall encourage or instruct the patron to
						structure or attempt to structure wagers. This section does not prohibit an
						operator from informing a patron of the regulatory requirements imposed upon
						the operator, including the definition of structured wagers. An operator shall
						not knowingly assist a patron in structuring or attempting to structure
						wagers.
(b)
Recording
					 requirements.
Each operator shall maintain multiple transaction logs to
						monitor compliance. Such logs shall record all wagers made within any 24-hour
						period in excess of $10,000, or in smaller amounts that aggregate in excess of
						$10,000, when any single officer, employee or agent of such operator has actual
						knowledge of the wagers or would in the ordinary course of business have reason
						to know of the wagers. Each log entry shall be made by the employee accepting
						or approving the wager, immediately after accepting the wager, and shall
						include at a minimum:
(1) patron's
					 name and address;
(2) window number
					 or other identification of the location where the wager occurred;
(3) time and date of the wager;
(4) dollar amount of the wager;
(5) signature or electronic signature of
					 person accepting or approving the wager; and
(6) patron's player card number, if
					 known.
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 5329 - Sports Wagering › Section 5329.23 - Patron complaints

Current through Register Vol. 46, No. 28, July 10, 2024
An operator shall investigate diligently all patron
						complaints within five calendar days. Where a complaint is made to commission
						staff, consistent with existing commission authority, the commission shall have
						unfettered access to all information related to patron wagers and application
						of this Part or house rules as such information relates to assisting in
						addressing patron complaints. Any patron complaint that results in a dispute in
						excess of $5,000 shall be brought immediately to the attention 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 B - Casino Gaming › Part 5329 - Sports Wagering › Section 5329.24 - Operator reserve requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator must establish a cash reserve in an amount
						necessary to ensure the ability to cover outstanding sports pool liability, as
						approved 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 B - Casino Gaming › Part 5329 - Sports Wagering › Section 5329.25 - Prohibited actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Dishonest obtaining of a benefit.
No person shall, in relation to an authorized wager,
						obtain a benefit by any dishonest act, practice or scheme or otherwise
						dishonestly obtain a benefit through the use of any device or item.
(b)
Altering or
					 falsification of information.
Any person who knowingly alters or falsifies information
						recorded on any record, document or report required under this Part, for any
						purpose, including, without limitation, for the purpose of concealment,
						deception or circumvention of minimum internal control procedures, may be
						subject to penalties and other actions the commission may take pursuant to law
						(
e.g.
, a fine, penalty or revocation of a sports pool license
						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 B - Casino Gaming › Part 5329 - Sports Wagering › Section 5329.27 - Sports pool integrity; confidential information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Identification and reporting of unusual betting activity.
Each operator shall have controls in place to identify
						unusual betting activity and report such activity to an integrity monitoring
						provider, or to the commission if the commission so directs.
(b)
Notification to all operators and
					 reporting of similar activity.
Each integrity monitoring provider shall share
						information in regard to any unusual betting activity with each other integrity
						monitoring provider working with other operators in this State and shall
						provide a report of such unusual betting activity to all participating sports
						pool operators. Each sports pool operator shall review each such report and
						notify the integrity monitoring provider of whether or not such operator has
						experienced similar activity.
(c)
Suspicious betting activity
					 identification and notification.
If an integrity monitoring provider finds that previously
						reported unusual betting activity rises to the level of suspicious betting
						activity, such integrity monitoring provider immediately shall notify all other
						integrity monitoring providers, each sports pool operator, the commission, the
						appropriate sports governing authority and, if so directed by the commission,
						other regulatory agencies.
(d)
Suspension of wagering.
A sports pool operator receiving a report of suspicious
						betting activity shall be permitted to suspend wagering on events related to
						such report, but may cancel related wagers only upon commission approval to do
						so.
(e)
Commission
					 access to monitoring system.
Each integrity monitoring provider shall provide the
						commission with remote access to the following information of such
						provider:
(1) all reports of unusual
					 betting activity;
(2) whether the
					 unusual betting activity was determined to be suspicious betting activity;
					 and
(3) the actions taken by the
					 integrity monitoring provider.
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 5329 - Sports Wagering › Section 5329.28 - Tax

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Tax rate.
Gross gaming revenue from sports pool wagering shall be
						taxed at the rate applied to gross gaming revenue from all other sources within
						the meaning of Racing, Pari-Mutuel Wagering and Breeding Law section
						1351.
(b)
Payment.
Tax attributable to sports pool wagering, including any
						applicable interest and penalties, shall be transmitted weekly by electronic
						funds transfer to the commission. All gross gaming taxes are the responsibility
						of, and shall be paid by, an operator.
(c)
Reports.
All weekly gross gaming revenue tax reports filed with
						the commission pursuant to this section shall reflect all gross gaming revenue
						received by the operator for the period of the return.
(d)
Additional tax or refunds.
When the commission finds that an operator is required to
						pay additional taxes or finds that an operator is entitled to a refund of
						taxes, the commission shall report to such operator its findings, along with
						the legal basis upon which such findings are made.
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 5329 - Sports Wagering › Section 5329.29 - Gross gaming revenue reports and reconciliation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Gross gaming revenue.
Gross gaming revenue generated pursuant to this Part
						shall equal the total of all wagers received less voided or cancelled wagers
						and amounts paid out for winning wagers. The amounts of wagers placed by an
						operator and amounts received by the operator as payments on layoff wagers made
						pursuant to section
						5329.15 of this Part shall not
						affect the computation of the operator's gross gaming revenue.
(b)
Daily gross gaming revenue.
For sports wagering operations, an operator's accounting
						department member shall determine the daily gross gaming revenue amount as set
						forth in such operator's internal controls.
(c)
Unclaimed funds.
Unclaimed funds, cash and prizes shall be reported to the
						commission on the gross gaming revenue report during the week in which the
						funds, cash and prizes expire and shall be remitted to the commission with the
						gross gaming revenue for that week for deposit pursuant to the requirements of
						Racing, Pari-Mutuel Wagering and Breeding Law section 1354.
(d)
Forfeiture of winnings.
Forfeiture of winnings as set forth in Racing,
						Pari-Mutuel Wagering and Breeding Law section 1345 and gross gaming tax as
						prescribed in Racing, Pari-Mutuel Wagering and Breeding Law section 1351,
						including any applicable interest and penalties, shall be transmitted weekly by
						electronic funds transfer to the commission. Such transmissions are the
						responsibility of, and shall be made by, the operator.
(e)
Examination by commission.
The operator shall permit duly authorized representatives
						of the commission to examine the operator's accounts and records for the
						purpose of certifying gross revenue.
(f)
Promotions.
Promotional gaming credits shall not be used in a sports
						wagering lounge. No promotion related to sports wagering may be offered without
						the prior approval 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 B - Casino Gaming › Part 5329 - Sports Wagering › Section 5329.30 - Accounting and financial records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Record of transactions.
An operator shall maintain complete, accurate and legible
						records of all transactions pertaining to such licensee's revenues, expenses,
						assets, liabilities and equity in conformance with generally accepted
						accounting principles. The failure of an operator to maintain such records
						according to such principles shall be a violation of this section.
(b)
Accounting
					 requirements.
The accounting records maintained by an operator 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, each of the following:
(1) detailed general ledger accounts
					 identifying all revenue, expenses, assets, liabilities and equity for such
					 operator;
(2) a record of all
					 investments, advances, loans and accounts receivable balances due to such
					 operator;
(3) a record of all loans
					 and other accounts payable by such operator;
(4) a record of all accounts receivable
					 written off as uncollectible by such operator;
(5) records that identify total winnings paid
					 out:
(i) on each wager; or
(ii) by another accounting period
					 pre-approved in writing by the commission;
(6) records required by such operator's
					 system of internal controls;
(7)
					 work papers supporting the monthly reconciliation of cash accountability;
					 and
(8) other records that the
					 commission may require, 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 B - Casino Gaming › Part 5329 - Sports Wagering › Section 5329.31 - Duties to give evidence

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the duty of each operator and each employee
						or other person associated with each such licensee to report promptly when
						requested or ordered to do so by any official of the commission in furtherance
						of an investigation or hearing pursuant to this Title and to testify under oath
						concerning any facts within such licensee's or such person's knowledge and to
						produce any books, records, written matter or other evidence within such
						licensee's or such person's possession or control relevant to such
						matter.
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 5329 - Sports Wagering › Section 5329.32 - Reporting of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall, prior to commencing operations, and
						annually thereafter, perform a system integrity and security assessment
						conducted by an independent professional selected by the operator, subject to
						the approval of the commission. The independent professional's report on the
						assessment shall be submitted to the commission and shall include:
(a) scope of review;
(b) name and company affiliation of each
					 person who conducted the assessment;
(c) date of the assessment;
(d) findings;
(e) recommended corrective action, if
					 applicable; and
(f) the operator's
					 response to the findings and recommended corrective action.
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 5329 - Sports Wagering › Section 5329.33 - Review, examination of records

Current through Register Vol. 46, No. 28, July 10, 2024
The commission or the commission's designee may:
(a) conduct periodic examinations of the
					 accounting and financial records of operators;
(b) review the accounting principles and
					 procedures used by operators;
(c)
					 review and observe methods and procedures used by operators to count and handle
					 wagers made with cash, vouchers, gaming chips or wagering tickets of
					 value;
(d) examine accounting and
					 financial records of an operator or a person controlling, controlled by or
					 under common control with such operator;
(e) obtain copies from the operator of
					 outstanding deposited check instruments, checks returned and held, collection
					 activities taken and settlement of disputed items.
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 5329 - Sports Wagering › Section 5329.34 - Responsible gaming

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator and sports pool vendor licensee shall
						comply with the problem gaming, self-exclusion and excluded person requirements
						set forth in Parts 5325 and 5327 of this subchapter and Part 5402 of this
						subtitle.
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 5329 - Sports Wagering › Section 5329.35 - Other regulations apply

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context of this Part indicates otherwise, the
						regulations set forth elsewhere in this Title are applicable to sports
						wagering.
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 5329 - Sports Wagering › Section 5329.36 - Suspension, fines, revocation and other discipline

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Discipline.
Consistent with existing commission authority, the
						commission may suspend or revoke a sports pool license, sports pool vendor
						license or a gaming vendor license, or fine or otherwise discipline an operator
						or gaming vendor licensee for any reason or combination of reasons set forth in
						this subdivision:
(1) violations of
					 article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law, this Title or
					 any other applicable law or regulation;
(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 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;
(4)
					 failure to file any returns or reports, 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 gaming;
(6) whenever the commission finds that the
					 operator's experience, character, and general fitness are such that
					 participation in operating a sports pool is inconsistent with the public
					 interest or convenience; or
(7) for
					 any other reason within 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 B - Casino Gaming › Part 5329 - Sports Wagering › Section 5329.37 - Advertising, marketing and promotions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Advertisements generally.
(1) Advertisements and promotions used by a
					 casino sports wagering licensee or sports pool vendor shall comply with Racing,
					 Pari-Mutuel Wagering and Breeding Law section 1363 and comply with the
					 responsible gaming requirements set forth in section
					 5325.6 of this
					 Subchapter.
(2) Advertisements and
					 promotions used by a casino sports wagering licensee or sports pool vendor
					 shall disclose the identity of the casino sports wagering licensee or sports
					 pool vendor.
(3) Each casino sports
					 wagering licensee or sports pool vendor shall be responsible for the content
					 and conduct of any and all advertising, marketing or branding done on its
					 behalf or to its benefit, whether conducted by such licensee, an employee or
					 agent of such licensee, or an affiliated entity of agent of such licensee
					 pursuant to contract or agreement.
(4) No person who, or entity that, is not a
					 casino sports wagering licensee or sports pool vendor shall advertise sports
					 gambling in the State, unless the advertisement disclaims conspicuously that
					 the wagering offerings are not available in the State.
(5) No person or entity shall advertise forms
					 of illegal gambling in the State, unless the advertisement disclaims
					 conspicuously that the wagering offerings are not available in the
					 State.
(6) No casino sports
					 wagering licensee or sports pool vendor may enter into an agreement with an
					 affiliate marketing partner when the manner of compensation for such services
					 is prohibited by Racing, Pari-Mutuel Wagering and Breeding Law section
					 1341(1).
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 5330 › Section 5330.45 - Advertising, marketing and promotions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of section
						5329.37 of this Subchapter are
						incorporated herein and shall apply also to each mobile sports wagering
						licensee and mobile sports wagering vendor licensee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5400 - Public Information › Section 5400.1 - Public inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with article 6 of the Public Officers Law,
						the Freedom of Information Law, the following procedures are prescribed for
						making available to the public for inspection and copying all of the records
						and materials mandated by such law for such purposes.
(a) Application shall be made on printed
					 forms prescribed by the commission and submitted either personally or by mail
					 to the New York State Gaming Commission, 354 Broadway, Schenectady, NY 12305,
					 Attention: Records Access Officer.
(b) The person to who such request shall be
					 made and from whom such records or copies thereof may be obtained and certified
					 shall be the individual designated by the executive director, who shall be
					 deemed the "records access officer" of the commission. In cases where the
					 fiscal officer is required to furnish certain records, requests shall
					 nevertheless be made through the records access officer, who will inform the
					 fiscal officer to make the necessary arrangements. The duties of the records
					 access officer shall be:
(1) assist the
					 applicant in identifying the record or records sought;
(2) determine whether the record is available
					 for inspection;
(3) search for the
					 identified record and, upon locating the record, take one of the following
					 actions:
(i) review such record and delete
					 any information that would constitute an unwarranted invasion of personal
					 privacy and thereafter make the record promptly available for inspection or
					 schedule an appointment for inspection; or
(ii) deny access to the record;
(4) upon request, for copies of
					 records, make copies available upon payment of the established fees;
(5) certify, upon request, to the correctness
					 of the copies of the records;
(6)
					 if the record cannot be located, take one of the following actions:
(i) certify in writing that the corporation
					 is not the legal custodian for such records; or
(ii) certify in writing that the record of
					 which the corporation is a legal custodian cannot be found;
(7) if access is denied, advise
					 the applicant of the right to appeal to the authorized representative of the
					 commission; and
(8) compile and
					 update, not less than semiannually, a reasonably detailed list, by subject
					 matter, of any records required by the Freedom of Information Law to be made
					 available for public inspection and copying.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5400 - Public Information › Section 5400.2 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who has been denied access to
					 records by the records access officer may appeal such denial to the records
					 access appeals officer.
(b) The
					 appeal must be made within 30 days of the denial of access, as required by
					 Public Officers Law section 89(4)(a).
(c) The time for deciding on an appeal by the
					 records access appeals officer shall commence upon receipt by the records
					 access appeals officer of the written appeal, which shall identify:
(1) the date and location of requests made
					 for records;
(2) the records to
					 which the applicant was denied access; and
(3) the name and return address of the
					 applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5400 - Public Information › Section 5400.3 - Protection of records containing trade secrets, confidential commercial information and critical infrastructure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records access officer may deny
					 access to records or portions of records that constitute trade secrets; that
					 are maintained for the regulation of a commercial enterprise and, if disclosed,
					 would cause substantial injury to the competitive position of the subject
					 enterprise; or that constitute critical infrastructure information.
(1) For purposes of this section, trade
					 secret means information of a commercial enterprise:
(i) that is not generally published or
					 divulged;
(ii) that gives such
					 commercial enterprise an opportunity to obtain an advantage over competitors
					 who do not know or use it; and
(iii) the disclosure of which would:
(a) cause substantial injury to the
					 competitive position of the commercial enterprise; or
(b) if openly disclosed, permit an unfair
					 advantage to competitors of the subject enterprise, including any record
					 including, without limitation: any proprietary data concerning past, present or
					 planned future distribution, sales volumes, costs, or prices; customer or
					 client lists; devices; processes or plans; formulas; patterns; procedures;
					 studies; analyses, plans, and surveys; compounds; cost records; and
					 compilations of information and other confidential or proprietary
					 information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5401 - Personal Information › Section 5401.1 - Access to personal information

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with article 6-A of the Public Officers
						Law, the Personal Privacy Protection Law, the following procedures are
						prescribed by which members of the public may assert rights granted by the
						Personal Privacy Protection Law:
(a)
					 Applications shall be made on printed forms prescribed by the board and
					 submitted either personally or by mail to the New York State Gaming Commission,
					 354 Broadway, Schenectady, NY 12305, Attention: Privacy Compliance
					 Officer.
(b) The person to whom
					 such requests shall be made, and from whom such records or copies thereof may
					 be obtained and certified, shall be the individual(s) designated by the
					 executive director as the commission's Privacy Compliance Officer(s). The
					 duties of the Privacy Compliance Officer shall be:
(1) assisting data subject in identifying and
					 requesting personal information, if necessary;
(2) describing the contents of systems
					 records orally or in writing in order to enable a data subject to learn if a
					 system of records includes a record or personal information identifiable to a
					 data subject requesting such record or personal information;
(3) taking one of the following actions upon
					 locating the record sought:
(i) make the
					 record available for inspection, in a printed form without codes or symbols,
					 unless an accompanying document explaining such codes or symbols is also
					 provided;
(ii) deny access to the
					 record in whole or in part and explain in writing the reasons
					 therefor;
(iii) make a copy
					 available, upon request, upon payment of established fees, if any, or
					 permitting the data subject to copy the records; and
(4)
(i)
					 upon request, certifying that copy of the record is a true copy; or
(ii) certifying, upon request, that:
(a) the commission does not have possession
					 of the record sought;
(b) the
					 commission cannot locate the record sought after having made a diligent search;
					 or
(c) the information sought
					 cannot be retrieved by use of the description thereof, or by use of the name or
					 other identifier of the data subject without extraordinary search methods being
					 employed by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5401 - Personal Information › Section 5401.2 - Request for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests
					 shall be made in writing, except that the commission may make records available
					 upon an oral request made in person after the applicant has demonstrated proof
					 of identity.
(b) A request shall
					 reasonably describe the record sought. Whenever possible, the data subject
					 should supply identifying information that assists the commission in locating
					 the records sought.
(c) Within five
					 business days of the receipt of a request, the commission shall provide access
					 to the record, deny access in writing, explaining the reasons therefor, or
					 acknowledge the receipt of the request in writing, stating the approximate date
					 when the request will be granted or denied, which date shall not exceed 30 days
					 from the date of the acknowledgment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5401 - Personal Information › Section 5401.3 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30
					 business days of a request from a data subject for correction or amendment of a
					 record or personal information that is reasonably described and that pertains
					 to the data subject, the commission shall:
(1) make the amendment or correction in whole
					 or in part and inform the data subject that, on request, such correction or
					 amendment will be provided to any person or governmental unit to which the
					 record or personal information has been or is disclosed pursuant to paragraph
					 (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law;
					 or
(2) inform the data subject in
					 writing of its refusal to correct or amend the record, including the reasons
					 therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5401 - Personal Information › Section 5401.4 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
					 denied access to a record or denied a request to amend or correct a record or
					 personal information pursuant to section
					 5401.3 of this Part may, within 30
					 days of such denial, appeal to the commission's Personal Privacy Compliance
					 Appeals Officer, who is the counsel or a designee of the counsel.
(b) The time for deciding an appeal shall
					 commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
					 record or amendment or correction of a record or personal
					 information;
(2) the record that is
					 the subject of the appeal; and
(3)
					 the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5401 - Personal Information › Section 5401.5 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
					 personal information is denied in whole or in part upon appeal, the
					 determination rendered pursuant to the appeal shall inform the data subject of
					 the right to:
(1) file with the commission a
					 statement of reasonable length setting forth the data subject's reasons for
					 disagreement with the determination;
(2) request that such a statement of
					 disagreement be provided to any person or governmental unit to which the record
					 has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1
					 of section
					 96 of the
					 Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5401 - Personal Information › Section 5401.6 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
					 otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
					 Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5402 - Self-Exclusion › Section 5402.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a)
Gaming facility
means
					 any room, premises, designated gaming area or platform where gaming pursuant to
					 article 2, 3, 4, 5, 6, 9, 10, 13 or 14 of the Racing, Pari-Mutuel Wagering and
					 Breeding Law or video lottery gaming pursuant to Tax Law section 1617-a is
					 conducted.
(b)
Gaming
					 operator
means any licensee or operator authorized to conduct or
					 operate gaming or other activity pursuant to articles 2, 3, 4, 5, 6, 9, 10, 13
					 or 14 of the Racing, Pari-Mutuel Wagering and Breeding Law; video lottery
					 gaming pursuant to Tax Law section 1617-a; or raffles pursuant to General
					 Municipal Law section 189(16).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5402 - Self-Exclusion › Section 5402.2 - Request for self-exclusion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 person requesting placement on the self-exclusion list shall submit to the
					 commission or the commission's designee a completed request for voluntary
					 self-exclusion form provided by the commission. Such submission may be made by
					 appearing at the commission's principal office in Schenectady during regular
					 business hours or at any licensed gaming facility's area designated for problem
					 gambling intake. Persons who are unable to travel may request accommodation for
					 submission through United States mail, so long as a notarized statement
					 accompanies the required form stating clearly that the person signing
					 understands fully the implications of submitting such form.
(b) A request for self-exclusion from gaming
					 activities shall include the following identifying information:
(1) name, including any aliases or
					 nicknames;
(2) date of
					 birth;
(3) address of current
					 residence;
(4) telephone
					 number;
(5) social security number,
					 when voluntarily provided in accordance with section seven of the Privacy Act
					 of 1974 (5 U.S.C. section
					 552a) or article 6-A of the Public Officers
					 Law (Personal Privacy Protection Law);
(6) a copy of a current government-issued
					 photo identification, such as a driver's license or passport; and
(7) height, weight, gender, hair color, eye
					 color and any other physical characteristic that may assist in the
					 identification of the person.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5402 - Self-Exclusion › Section 5402.4 - Duties of gaming operators

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 A gaming operator shall train its employees and establish procedures to:
(1) for a physical facility, identify a
					 self-excluded person when such person is present on a gaming floor, present in
					 areas off the gaming floor where gaming activity is conducted, present in areas
					 accessible only through a gaming floor or engaging in gaming-related activities
					 and, upon identification, notify immediately, unless section
					 5402.6 of this Part applies, the
					 following persons:
(i) employees of the
					 gaming operator whose duties include the removal of self-excluded
					 persons;
(ii) the commission's
					 designated staff at the licensed facility; and
(iii) if the gaming operator deems
					 appropriate, a law enforcement agency;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5402 - Self-Exclusion › Section 5402.5 - Removal from self-exclusion list

Current through Register Vol. 46, No. 28, July 10, 2024
For a person who is self-excluded for one, three or five
						years, upon the conclusion of such period of self-exclusion, such person shall
						be removed from the self-exclusion list unless such person requests in writing,
						no later than 30 days prior to the expiration of such self-exclusion period,
						that the commission extend the term of such self-exclusion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5402 - Self-Exclusion › Section 5402.6 - Exceptions for individuals on the self-exclusion list

Current through Register Vol. 46, No. 28, July 10, 2024
For physical facilities, the prohibition against allowing
						self-excluded persons to be on the gaming floor or in areas off the gaming
						floor where gaming activity is conducted shall not apply to a person who is on
						the self-exclusion list, if all of the following apply:
(a) the individual is carrying out the duties
					 of employment or incidental activities related to employment;
(b) the gaming operator's security department
					 has received prior notice, unless it was impracticable to have done
					 so;
(c) access to the gaming floor
					 or areas off the gaming floor where gaming activity is conducted is limited to
					 the time necessary to complete the individual's assigned duties; and
(d) the individual does not otherwise engage
					 in gaming activities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5402 - Self-Exclusion › Section 5402.7 - Disclosure of information related to persons on the self-exclusion list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information
					 furnished to or obtained by the commission pursuant to this Part shall be
					 deemed confidential and shall not be disclosed unless necessary to implement
					 this Part or other law or as may be required by a validly issued court
					 order.
(b) The commission may
					 release periodically to the public demographics and general information in
					 regard to the self-exclusion list, such as the total number of persons on the
					 list, gender breakdown and age range.
(c) The commission may make selected data
					 available, upon request, for the limited purpose of assisting in the proper
					 administration of problem gambling treatment or responsible gaming
					 programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter V - Administration › Subchapter A - Public Access to Records › Part 5403 - Restrictions on Account Wagering in Horse Racing › Section 5403.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each account wagering licensee, as defined by Racing, Pari-Mutuel Wagering and
					 Breeding Law section 1001(r), that maintains telephone betting accounts for
					 wagering on horse races shall establish procedures that are designed to permit
					 an account holder to voluntarily place limits on the amount of his or her
					 wagers. This restriction may be calculated on a daily or weekly
					 basis.
(b) An account holder who
					 has placed restrictions on his or her account may remove such exclusion or
					 restrictions upon request made to the account wagering licensee. No request,
					 however, from a person to remove any self-exclusion or limit placed on account
					 wagers shall be effective until seven days after such request has been received
					 by the account wagering licensee.