§ 111 — Compulsive gambling assistance

New York § 111

• Jurisdiction: New York
• Law PML: Racing, Pari-Mutuel Wagering and Breeding Law
• Art. 1: Supervision and Regulation

Text

§ 111. Compulsive gambling assistance. 1. (a) The commission shall\ncooperate with the commissioner of addiction services and supports to\nensure the posting of signs and listing of information on the internet\ndesigned to assist compulsive gamblers pursuant to the provisions of\nsubdivision (h) of section 19.09 of the mental hygiene law. Such\npostings shall include information explaining how an individual may add\nhis or her name to the list of self-excluded persons. Signs shall be\nposted at a reasonable distance from each entrance, exit and automated\nteller machine in the facility.\n (b) The commission shall cooperate with the commissioner of addiction\nservices and supports to ensure that all advertisements for gaming\nactivity clearly and conspicuously state a problem gambling hotline\nnumber.\n (c) The commission shall make available on its website information and\ntechnical support which includes, but is not limited to, guidelines for\nany association, corporations licensed or enfranchised pursuant to this\nchapter on advertising restrictions.\n 2. (a) The commission shall promulgate rules and regulations pursuant\nto which people may voluntarily exclude themselves from entering the\npremises of an association or corporation licensed or enfranchised by\nthe commission pursuant to this chapter. In promulgating such rules and\nregulations the commission shall ensure, to the extent practicable, that\nthere is consistency in the process followed under each division in\nwhich an individual may voluntarily exclude themselves. Such rules and\nregulations shall provide that:\n (i) an association or corporation licensed or enfranchised pursuant to\nthis chapter maintain an updated list of all persons who have requested\nexclusion pursuant to this section and shall submit such list to the\ncommission no less than every five days;\n (ii) an association or corporation licensed or enfranchised pursuant\nto this chapter shall not offer coupons, market its services, or send\nadvertisements to or otherwise solicit the patronage of, a self-excluded\nperson; and\n (iii) no employee or agent of an association or corporation licensed\nor enfranchised pursuant to this chapter shall divulge any name of a\nself-excluded person, other than to authorized surveillance, security or\nother personnel whose duties and functions require access to such\ninformation, the division, the commission or their duly authorized\nrepresentatives.\n (b) An association or corporation licensed or enfranchised pursuant to\nthis chapter shall not be liable to any self-excluded person or to any\nother party in any judicial proceeding for any harm, monetary or\notherwise, which may arise as a result of a self-excluded person's\nengaging in gaming activity while on the list of self-excluded persons;\nprovided that nothing contained in this paragraph shall limit the\nliability of any such association, corporation, or facility for any\nother acts or omissions under any other statutory law or under the\ncommon law.\n (c) No voluntary order or request to exclude persons from entering the\npremises of any such association, corporation, or facility may be\nrescinded, canceled, or declared null and void until seven days after a\nrequest has been received by such association, corporation, or facility\nto cancel such order or request.\n 3. The commission shall promulgate rules and regulations under which a\nperson with an account authorized pursuant to section one thousand\ntwelve of this chapter may voluntarily place limits on the amounts of\nhis or her wagers or potential wagers on a daily or weekly basis. No\norder from a person to remove any limit placed on account wagers shall\nbe effective until seven days after it has been received by the entity\nconducting account wagering.\n