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 5301 - GAMING FACILITY LICENSING › Section 5301.4 - Waiver of licensing or qualification requirements by commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission
					 may in its discretion waive the licensing or qualification requirement for any
					 of the following:
(1) qualified institutional
					 investors and passive investors as defined in section
					 5300.1 of this Title;
(2) in the case of gaming facility applicant
					 or licensee corporations and holding, intermediary and subsidiary corporations
					 of said applicant or licensee corporations, those persons holding less than
					 five percent of the voting securities of the company;
(3) a lender to a gaming facility applicant
					 or licensee that is obtaining financing for the construction or operation of
					 the gaming facility shall be required to be licensed unless each of the
					 following applies:
(i) the lender is in the
					 business of providing debt or equity capital to individuals or
					 entities;
(ii) the loan is in the
					 ordinary course of the lender's business; and
(iii) the lender does not have the ability to
					 control or otherwise influence the affairs of the gaming facility applicant or
					 licensee;
(4) a party
					 that acquires a debt instrument issued by a gaming facility applicant or
					 licensee in a public or exempt private offering shall not be required to be
					 licensed if:
(i) the party does not have a
					 right or ability to control or influence the affairs of the gaming facility
					 applicant or licensee; and
(ii) the
					 party's acquisition of the debt instrument is in the ordinary course of
					 business and is not part of a plan or scheme to avoid the requirements of 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 5301 - GAMING FACILITY LICENSING › Section 5301.5 - Suitability determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 evaluating the suitability of the applicant, the commission shall consider the
					 overall reputation of the applicant as prescribed by Racing, Pari-Mutuel
					 Wagering and Breeding Law section 1317(1).
(b) Subject to notice and a hearing, the
					 commission shall deny a gaming facility application where an applicant has
					 failed to meet the criteria set forth in Racing, Pari-Mutuel Wagering and
					 Breeding Law section 1317(2).
(c)
					 Subject to notice and a hearing, the commission shall deny a license to a
					 gaming facility applicant that the commission determines is disqualified based
					 on the criteria set forth in Racing, Pari-Mutuel Wagering and Breeding Law
					 section 1318.
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 5301 - GAMING FACILITY LICENSING › Section 5301.6 - License determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon determination that a gaming facility applicant is suitable for licensure,
					 the commission shall proceed to review such applicant's entire application to
					 confirm that the applicant has met, or has stated in its application that it
					 shall meet, the minimum license thresholds set forth in Racing, Pari-Mutuel
					 Wagering and Breeding Law section 1316.
(b) The commission may, in its discretion,
					 conduct a hearing to determine the award of a license and:
(1) grant the application for a gaming
					 facility license with appropriate conditions, restrictions, limitations or
					 covenants as the commission, in its discretion, deems necessary;
(2) deny the application for a gaming
					 facility license;
(3) extend the
					 period for issuing a decision in order to obtain any additional information
					 deemed necessary by the commission for a complete evaluation of the
					 application; or
(4) issue a
					 decision on the application for a gaming facility license that provides that a
					 license shall be awarded effective as of a date to be determined 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 5301 - GAMING FACILITY LICENSING › Section 5301.7 - Form and posting of the license

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Following the award of a gaming facility license, the commission shall issue, a
					 license document that shall contain the following information:
(1) a complete identification of the
					 applicant's identity, address and agent for all service of process by agencies
					 and agents involved in regulating the gaming industry in the State of New
					 York;
(2) the duration of the
					 license;
(3) a commission serial
					 number and be printed on security protected paper material;
(4) a statement that all statutory and
					 regulatory conditions are incorporated by reference, included as if completely
					 set forth therein and made a part of the issued form of gaming facility
					 license;
(5) a statement that all
					 additional conditions set forth by the commission shall also be incorporated by
					 reference, included as if completely set forth therein and also made a part of
					 the issued form of the gaming facility license;
(6) a depiction of the coat of arms of the
					 State of New York; and
(7) the
					 signature of the chair or secretary 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 5301 - GAMING FACILITY LICENSING › Section 5301.8 - Award and duration of license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 date of award of a gaming facility license shall be deemed to have occurred
					 upon a public determination by the commission to issue a license to an
					 applicant.
(b) A license shall be
					 issued by the commission for an initial 10-year period and shall be renewable
					 thereafter for a period of at least 10 years.
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 5301 - GAMING FACILITY LICENSING › Section 5301.9 - Post-licensure conditions

Current through Register Vol. 46, No. 28, July 10, 2024
The award of a license is subject to the gaming facility
						licensee satisfying or demonstrating satisfaction of the following
						conditions:
(a) deposit, via cash or
					 bond in a form acceptable to the commission, into an interest-bearing account
					 10 percent of the total investment proposed in the gaming facility license
					 application; and
(b) within 30 days
					 of the award, payment of the applicable gaming facility license fee set forth
					 in section 600.1 of this Title.
(c) commencement of gaming operations within
					 24 months following award of license. A gaming facility licensee failing to
					 begin gaming operations within 24 months shall be subject to suspension or
					 revocation of the license and may, after being found by the commission to have
					 acted in bad faith, be assessed a fine as set forth in Racing, Pari-Mutuel
					 Wagering and Breeding Law section 1315(3).
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 5301 - GAMING FACILITY LICENSING › Section 5301.10 - Required notifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Material changes to commitments and development plans.
The
					 applicant or licensee shall notify the commission in writing and in a timely
					 manner of any proposed material changes to commitments and development plans
					 that were presented in such applicant's or licensee's gaming facility
					 application, including, without limitation, in regard to finance and capital
					 structure; land, construction and design of physical plant; workforce
					 development; and sustainability and resource management. The duty to disclose
					 changes in information shall continue throughout any period of licensure
					 granted by the commission. Commission licensees or applicants for gaming
					 facility licenses must maintain current release of information forms as
					 originally submitted to the Gaming Facility Location Board. No material changes
					 to such commitments and development plans are permitted without the approval of
					 the commission in writing.
(b)
Material debt transactions.
No gaming facility applicant or
					 licensee shall consummate a material debt transaction without the prior
					 approval of the commission.
(1)
					 Notwithstanding the foregoing in this subdivision, the following types of
					 transactions shall not require prior commission review and approval with regard
					 to the financial stability standards. An agreement that:
(i) provides for any borrowing for capital
					 and maintenance expenditures;
(ii)
					 is for a refinancing of existing debt that includes a borrowing for capital and
					 maintenance expenditures of at least $50 million;
(iii) provides for any borrowing that does
					 not result in an increase in annual debt service requirements; or
(iv) that reflects a gaming facility
					 applicant or licensee's pro rata share of debt maintained at an affiliate,
					 intermediary, or holding company.
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 5302 - Fees and Payments › Section 5302.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context indicates otherwise,
gaming
						position
means:
(a) each
					 player position at a slot machine;
(b) each player position at an electronic
					 table game; and
(c) each table
					 game.
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 5302 - Fees and Payments › Section 5302.2 - Annual license fee for machines and tables

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The annual license fee set forth in
					 Racing, Pari-Mutuel Wagering and Breeding Law section 1348 shall be paid for
					 each gaming position by July 1st of each year for all approved slot machines
					 and tables on that date.
(b) The
					 annual license fee for any slot machine or table approved by the commission
					 after July 1st shall be paid upon such approval and prorated by the number of
					 days left in the year, with such year measured from July 1st through the
					 following June 30th.
(c) No
					 adjustment or credit shall be issued to a gaming facility for any machines or
					 tables removed from use after a fee has been imposed.
(d) A fee shall not be imposed on a gaming
					 position that replaces a removed gaming position for which an annual license
					 fee has been paid for the relevant year.
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 5302 - Fees and Payments › Section 5302.3 - Submission of payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Payments for taxes, fees, interest and penalties shall be made to the
					 commission within 30 days of obligation incurred, unless a different period is
					 set forth for a type of payment by article 13 of the Racing, Pari-Mutuel
					 Wagering and Breeding Law or this Part. Any payment for taxes, fees, interest
					 and penalties shall be made by electronic wire transfer, money order, certified
					 check or any other manner designated by the commission.
(b) 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 gaming facility
					 licensee.
(c) All weekly gross
					 gaming revenue tax reports filed with the commission shall reflect all gross
					 gaming revenue received by the gaming facility licensee for the period of the
					 return.
(d) When the commission
					 finds that the gaming facility licensee is required to pay additional taxes or
					 finds that the gaming facility licensee is entitled to a refund of taxes, the
					 commission shall report its findings to the licensee and set forth the 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 5302 - Fees and Payments › Section 5302.4 - Overdue payments

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may recover from a gaming facility:
(a) any unpaid amount including overdue
					 payments from the gaming facility's employee or vendor applicants, registrants
					 or licensees;
(b) revenues lost to
					 the State of New York as a result of nonpayment or underpayment;
(c) attorney fees associated with recovery of
					 funds; and
(d) any other payments,
					 including any interest and penalties imposed, as prescribed by article 13 of
					 the Racing, Pari-Mutuel Wagering and Breeding Law and 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 5302 - Fees and Payments › Section 5302.5 - Regulatory investigative fees and costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to Racing, Pari-Mutuel Wagering
					 and Breeding Law section 1349, a gaming facility licensee shall pay for the
					 costs of any investigation into a violation of article 13 of the Racing,
					 Pari-Mutuel Wagering and Breeding Law or regulation promulgated caused by such
					 licensee. The costs of an investigation conducted pursuant to this section
					 shall be assessed directly to such licensee upon completion of an
					 investigation.
(b) Billable hours
					 by commission staff shall be determined by using payroll costs for commission
					 employees as obtained from the office of the State comptroller, including
					 salaries and non-wage compensation and payroll taxes, as well as fringe benefit
					 and indirect costs at rates established by the division of the
					 budget.
(c) The commission shall
					 charge the gaming facility licensee for actual costs of any consultant
					 including, without limitation, attorneys, accountants, investigators and other
					 designees of the commission related to such consultation.
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 5302 - Fees and Payments › Section 5302.6 - Regulatory cost assessment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Gaming
					 facility licensees annually shall be assessed commercial gaming regulatory
					 costs as authorized pursuant to Racing, Pari-Mutuel Wagering and Breeding Law
					 section 1350. T he commission shall determine the total assessment of
					 regulatory costs for a forthcoming State fiscal year. Such total assessment
					 shall include all commercial gaming costs reasonably anticipated by the
					 commission in regard to all gaming facilities, including, without limitation,
					 direct and indirect payroll, fringe benefits, non-personal service expenses and
					 administrative overhead costs.
(b)
					 The total assessment shall be allocated to each gaming facility licensee in
					 proportion to the number of gaming positions at each gaming facility compared
					 to the total number of gaming positions at all gaming facilities, all as
					 determined by the commission; provided, however, that the commission may use
					 intermediate allocation bases between opened gaming facilities and gaming
					 facilities that have not opened, as the commission may determine.
(c) At the conclusion of a State fiscal year,
					 the commission shall determine the actual costs of commercial gaming regulation
					 for such concluded fiscal year, excluding investigatory fees assessed pursuant
					 to Racing, Pari-Mutuel Wagering and Breeding Law section 1349. T he commission
					 shall apportion such actual costs according to the proportion of the number of
					 gaming positions at each facility compared to the total number of gaming
					 positions at all facilities and shall credit or debit the next annual
					 assessment of each gaming facility according to the variance between the cost
					 that had been assessed to such facility at the start of the year pursuant to
					 subdivisions (a) and (b) of this section and the actual cost, as determined at
					 the end of such year pursuant to this subdivision. If the number of gaming
					 positions varies throughout the year, the commission may choose one date on
					 which to measure gaming positions or may, in its sole discretion, determine an
					 average number of gaming positions throughout the year.
(d) Regulatory costs of the commercial gaming
					 program incurred prior to the opening of the first gaming facility shall be
					 assessed to each gaming facility licensee in proportion to the number of gaming
					 positions projected at each 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 5302 - Fees and Payments › Section 5302.7 - Distribution of tax to counties

Current through Register Vol. 46, No. 28, July 10, 2024
Distributions to counties within a region, excluding the
						host county and host municipality, shall be made in proportion to the
						population of each such county as shown by the latest preceding decennial
						Federal census completed and published as a final population count by the
						United States census that precedes the commencement of the calendar year in
						which such distribution is 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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The terms
					 application, applicant, license, licensee, registration and registrant, as used
					 in Parts 5303 through 5307 of this Subchapter, relate to occupational licensing
					 and enterprise and vendor licensing and registration as set forth in Titles 3
					 and 4 of article 13 of the Racing, Pari-Mutuel Wagering and Breeding
					 Law.
(b) It shall be the
					 affirmative responsibility of each applicant, licensee and registrant to
					 establish by clear and convincing evidence its qualifications for licensure or
					 registration.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.2 - Identification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every natural
					 person applying for a license or registration pursuant to Parts 5303 through
					 5307 shall establish such person's identity to the satisfaction of the
					 commission pursuant to the requirements of the license or registration
					 application. For the purposes of this Part, applicants for licenses and
					 registrations shall submit to the commission the information as required by
					 Racing, Pari-Mutuel Wagering and Breeding Law section 1323(2) or 1324(4),
					 respectively.
(b) Any natural
					 person may request that the commission change the name designated on such
					 person's application, license or registration by establishing appropriate
					 identity information as may be required by the commission, including, without
					 limitation, as the case may be, a certificate of marriage, a certified copy of
					 a divorce decree or other appropriate court order.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.3 - Fingerprinting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each applicant,
					 licensee or registrant, including each gaming facility principal, casino vendor
					 enterprise principal, casino key employee and other employees, shall, at the
					 time of application and upon renewal, be fingerprinted under the supervision of
					 the commission or a duly authorized representative approved by the commission.
					 In the alternative, the commission may permit a person to submit sets of
					 classifiable fingerprints on fingerprint impression cards provided by the
					 commission.
(b) In the event that
					 the commission cannot obtain usable fingerprints for processing after two
					 good-faith attempts, the commission shall undertake a search of a person's
					 background via other means available to the commission.
(c) Nothing in this Part shall relieve a
					 person who submits fingerprint sets pursuant to subdivision (a) of this section
					 from the duty to disclose any criminal arrests as required by this
					 Part.
(d) Each gaming facility
					 licensee shall remit fingerprinting fees directly to the fingerprinting service
					 provider approved by the commission. However, if the applicant is submitting
					 fingerprints via fingerprint impression cards, the gaming facility licensee
					 shall remit the fee to the commission, payable to the fingerprinting service
					 provider 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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.4 - Photograph

Current through Register Vol. 46, No. 28, July 10, 2024
Each applicant, licensee or registrant who is a natural
						person shall submit with his or her application a color photograph in the
						format required by the application. Such photograph is required to have been
						taken within six months of the date the application is submitted to the
						commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.5 - Minimum age

Current through Register Vol. 46, No. 28, July 10, 2024
No natural person shall be licensed or registered by the
						commission unless such person is at least 18 years old.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.6 - Eligibility to work in the United States

Current through Register Vol. 46, No. 28, July 10, 2024
No natural person shall be employed as an employee of a
						gaming facility licensee or a vendor unless such person is a citizen of the
						United States or is otherwise eligible to work in the United
						States.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.7 - Filing

Current through Register Vol. 46, No. 28, July 10, 2024
No application for a license or registration shall be
						deemed filed with the commission pursuant to this Part until:
(a) all papers presented conform to all
					 requirements relating to format, signature, oath or affirmation, attorney
					 certification, if applicable, and copies, as the commission may
					 require;
(b) all appropriate
					 application, registration, business disclosure and personal history disclosure
					 forms have been properly completed and submitted;
(c) all required consents, waivers,
					 fingerprint impressions, photographs and handwriting exemplars have been
					 properly submitted;
(d) all other
					 information, documentation, assurances and other materials required or
					 requested at the filing stage pertaining to qualifications have been submitted
					 properly; and
(e) all required fees
					 have been paid.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.8 - Processing

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall process only complete applications.
						The processing of any application shall not constitute any agreement or
						acceptance by the commission that the requirements of article 13 of the Racing,
						Pari-Mutuel Wagering and Breeding Law and Parts 5303 through 5307 of this Title
						have been satisfied.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.9 - Amendment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information
					 contained in an application submitted by an applicant, licensee or registrant
					 shall be updated on a form prescribed by the commission. Each applicant,
					 licensee and registrant shall file promptly with the commission an update
					 explaining any new or changed facts or circumstances whenever any material or
					 significant new or changed fact or circumstance occurs with respect to any
					 matter set forth in the application.
(b) All applicants, licensees and registrants
					 shall have an obligation to ensure that information, documentation and
					 assurances are submitted to the commission are not misleading in light of the
					 circumstances in which such information, documentation and assurances were
					 submitted.
(c) The commission may
					 permit any applicant, licensee or registrant to file an amendment to its
					 application at any time prior to final action thereon by the
					 commission.
(d) The failure of an
					 applicant, licensee or registrant to comply with this Part shall be grounds for
					 rejection of the application or for suspension or revocation of a license or
					 registration.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.10 - Withdrawal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the
					 commission granting or denying any application pursuant to this Part, without
					 regard to whether a temporary license has been issued, an applicant or the
					 associated gaming facility licensee may withdraw a filed application by filing
					 with the commission a written notice of such withdrawal. Upon the receipt of
					 such notice, the commission will cease the processing of such application, but
					 will retain such application and materials in accordance with applicable law
					 and commission policy.
(b) If an
					 applicant has previously withdrawn an application, the commission may refrain
					 from processing any application submitted by such applicant within one year
					 from the date of such withdrawal.
(c) No fee or other payment relating to an
					 application shall become refundable by reason of withdrawal of the application,
					 unless the commission determines otherwise for good cause shown. In no event,
					 however, shall a fee for fingerprinting be refundable.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.11 - Investigations

Current through Register Vol. 46, No. 28, July 10, 2024
The commission, or its designee, shall make or cause to
						be made an inquiry or investigation concerning an applicant, licensee or
						registrant, or any affiliate, intermediary, subsidiary or holding company of an
						applicant, licensee or registrant, as the commission may deem appropriate, and
						in accordance with article 13 of the Racing, Pari-Mutuel Wagering and Breeding
						Law, either at the time of the initial application or at any time
						thereafter.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.12 - Issuance of a license or registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission shall notify the human
					 resource department or other applicable department of the gaming facility
					 licensee in writing or via electronic communications when a license or
					 registration is granted.
(b)
					 Licenses and registrations issued by the commission are
					 nontransferable.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.13 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
All fees payable to the commission pursuant to Parts 5303
						through 5307 of this Subchapter shall be paid by electronic funds transfer and
						shall be deposited into the commercial gaming revenue fund.
(a) Application fee. Upon submission of an
					 application for a license or registration the New York State Police will charge
					 the gaming facility licensee an amount that reflects the anticipated costs of
					 the investigation of such applicant.
(b) License fee. Upon approval of an
					 application for a license or registration the commission may charge the gaming
					 facility licensee a license fee as set forth in the applicable license
					 application.
(c) Renewal
					 application fee. Upon submission of a renewal application for a license or
					 registration, the New York State Police will charge the gaming facility
					 licensee an amount that reflects the anticipated costs of the investigation of
					 such applicant.
(d) Renewal license
					 fee. Upon approval of a renewal application for a license or registration the
					 commission may charge the gaming facility licensee a renewal fee as set forth
					 in the applicable renewal license application.
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 5303 - GENERAL PROVISIONS IN REGARD TO LICENSING AND REGISTRATION › Section 5303.14 - Application and employment after denial or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any natural person whose license,
					 registration or application was denied, suspended or revoked by the commission
					 on the basis of any of the following provisions may reapply at any time after
					 the failure or disqualification is cured:
(1)
					 failure to demonstrate financial stability, after which reapplication is
					 permitted only upon achieving financial stability;
(2) failure to satisfy the age requirement,
					 after which reapplication is permitted only upon attaining the requisite
					 age;
(3) if the commission has
					 determined to deny a license or registration application or suspend or revoke a
					 license or registration based upon a pending disposition of a criminal offense,
					 reapplication is permitted upon disposition of the pending charge;
(4) if the commission has determined to deny
					 a license or registration application or suspend or revoke a license or
					 registration based upon the relation of the criminal history of the applicant
					 and the employment position sought with the gaming facility, reapplication is
					 permitted if a different employment position is sought to which the applicant's
					 criminal history might not provide a basis for denial of the application;
					 and
(5) any statutory or regulatory
					 provision that is subsequently or modified, after which reapplication is
					 permitted only upon a showing that the subsequent repeal or modification of the
					 statutory or regulatory provision obviates the grounds for denial or revocation
					 and justifies the conclusion that the prior determination should not be a basis
					 for denying a license or registration application;
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 5304 - Casino Key Employee Licensing › Section 5304.1 - Standards for issuance of a casino key employee license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The specific criteria and standards for
					 casino key employee licensing are set forth in Racing, Pari-Mutuel Wagering and
					 Breeding Law sections 1301(8) and 1323(1) through (6).
(b) All applicants for a casino key employee
					 license shall prove, by clear and convincing evidence, his or her financial
					 stability, integrity and responsibility as well as the applicant's good
					 character, honesty and integrity.
(c) Pursuant to Racing, Pari-Mutuel Wagering
					 and Breeding Law section 1318(1)(c), a casino key employee is disqualified on
					 the basis of any prior felony conviction, unless the applicant has
					 been
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 5304 - Casino Key Employee Licensing › Section 5304.2 - Casino key employee license application and disclosure forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
					 for a casino key employee license shall file a multi-jurisdictional personal
					 history disclosure form and other disclosure forms as required by the
					 commission.
(b) Each applicant for
					 a casino key employee license is required to provide complete and accurate
					 responses to the license application form, including, without limitation,
					 disclosing all criminal convictions and other misconduct of the
					 applicant.
(c) Each applicant for a
					 casino key employee license is required to fill out the license form completely
					 and accurately. Incomplete or misleading information supplied on the license
					 form may result in denial of the application.
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 5304 - Casino Key Employee Licensing › Section 5304.3 - Duration of license

Current through Register Vol. 46, No. 28, July 10, 2024
Casino key employee licenses shall remain valid for five
						years, pursuant to Racing, Pari-Mutuel Wagering and Breeding Law section
						1325(6).
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 5305 - GAMING EMPLOYEE REGISTRATION › Section 5305.1 - Standards for issuance of a gaming employee registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The specific criteria and standards for
					 gaming employee registration are set forth in Racing, Pari-Mutuel Wagering and
					 Breeding Law sections 1301 and 1324.
(b) Each applicant for a gaming employee
					 registration is required to prove, by clear and convincing evidence, that the
					 applicant is qualified to hold a gaming employee registration.
(c) Pursuant to Racing, Pari-Mutuel Wagering
					 and Breeding Law section 1324(3), a gaming employee registration shall not be
					 denied or revoked on the basis of a misdemeanor conviction or the commission of
					 any act or acts that would constitute any offense described in Racing,
					 Pari-Mutuel Wagering and Breeding Law section 1318 if the applicant has, in the
					 judgment of the commission, affirmatively demonstrated the applicant's
					 rehabilitation pursuant to article 23-A of the Correction 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 5305 - GAMING EMPLOYEE REGISTRATION › Section 5305.2 - Gaming employee registration form

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 A gaming employee registrant shall file a gaming employee registration form the
					 commission supplies and may amend from time to time.
(b) Each gaming employee registrant is
					 required to provide complete and accurate responses to the registration form,
					 including, without limitation, disclosing any criminal convictions and other
					 misconduct of the applicant.
(c)
					 Each gaming employee registrant is required to fill out the registration form
					 completely and accurately. Incomplete or misleading information supplied on the
					 registration form may result in the denial of the
					 application.
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 5305 - GAMING EMPLOYEE REGISTRATION › Section 5305.3 - Duration of registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Gaming employee registrations shall remain valid as set forth in Racing,
					 Pari-Mutuel Wagering and Breeding Law section 1325(6).
(b) Each gaming employee registration shall
					 indicate an expiration date.
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 5306 - NON-GAMING EMPLOYEE REGISTRATION › Section 5306.1 - Persons required to register as a non-gaming employee

Current through Register Vol. 46, No. 28, July 10, 2024
A person, as defined in section
						5300.1 of this Title, is required
						to obtain a non-gaming employee registration prior to being involved in any
						non-gaming activities at a 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 5306 - NON-GAMING EMPLOYEE REGISTRATION › Section 5306.2 - Standards for issuance of a non-gaming employee registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each applicant
					 for a non-gaming employee registration shall produce such information,
					 documentation and assurances as requested by the commission concerning the
					 qualification criteria set forth in sections
					 5303.1 through
					 5303.6 of this
					 Subchapter.
(b) Subsequent to the
					 registration of a non-gaming employee the commission may revoke, suspend, limit
					 or otherwise restrict the registration upon a finding that the registrant is
					 disqualified on the basis of the criteria contained in Racing, Pari-Mutuel
					 Wagering and Breeding Law section 1318.
(c) Notwithstanding subdivision (b) of this
					 section, a non-gaming employee registration shall not be denied or revoked on
					 the basis of a misdemeanor conviction or the commission of any act or acts that
					 would constitute any offense described in Racing, Pari-Mutuel Wagering and
					 Breeding 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 5306 - NON-GAMING EMPLOYEE REGISTRATION › Section 5306.3 - Non-gaming employee registration forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A non-gaming employee registration
					 applicant shall be required to file a non-gaming employee registration form
					 that the commission supplies and may amend from time to time.
(b) Each non-gaming employee registrant is
					 required to provide complete and accurate responses to the registration form,
					 including, without limitation, disclosing any criminal convictions and other
					 misconduct of the applicant.
(c)
					 Each non-gaming employee registrant is required to fill out the registration
					 form completely and accurately. Incomplete or misleading information supplied
					 on the registration form may result in the denial of the application.
(d) The commission may determine, in its
					 discretion, upon the review of the application, including the criminal history
					 fingerprint results, that further background investigation of a non-gaming
					 employee is not necessary.
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 5306 - NON-GAMING EMPLOYEE REGISTRATION › Section 5306.4 - Duration of registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Non-gaming registrations shall remain valid for five years unless suspended or
					 revoked. If a non-gaming registrant has not been employed in any position
					 within a gaming facility for a period of three years, the registration of that
					 non-gaming registrant shall lapse.
(b) Each non-gaming registration shall
					 indicate an expiration date on the registration.
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 5307.1 - Entities required to obtain a casino vendor enterprise license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any vendor offering goods or services
					 that directly relate to casino or gaming activity, as described in Racing,
					 Pari-Mutuel Wagering and Breeding Law section 1326(1) and (2), shall be
					 required to be licensed as a casino vendor enterprise. In addition, the
					 executive director of the commission may permit an applicant for a casino
					 vendor enterprise license to conduct business transactions with the gaming
					 facility applicant or licensee prior to the licensure of such casino vendor
					 enterprise applicant, effective only for the transaction for which such
					 permission is requested.
(b) In
					 addition to any vendor required to be licensed by this Part, the commission may
					 require a license for any person if the issuance of such license would be
					 consistent with this Part and consistent with the protection of commercial
					 gaming 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 5307 - Vendor Licensing and Registration › Section 5307.2 - Entities required to obtain an ancillary casino vendor enterprise license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Junket
					 enterprises.
(b) Any vendor
					 providing goods or services to the gaming facility, not otherwise licensed
					 pursuant to section
					 5307.1 of this Part, that the
					 commission determines to be supporting gaming activities directly enough that
					 registration pursuant to section
					 5307.3 of this Part would be
					 insufficient to protect the integrity of gaming.
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 5307.4 - Standards for issuance of vendor licenses and registrations

Current through Register Vol. 46, No. 28, July 10, 2024
Each applicant for a casino vendor enterprise license,
						ancillary casino vendor enterprise license or vendor registration shall meet
						the qualification criteria set forth in Racing, Pari-Mutuel Wagering and
						Breeding Law section 1326.