§ 1301 — Definitions

§ 1301. Definitions. As used in this article the following terms\nshall, unless the context clearly requires otherwise, have the following\nmeanings:\n 1. "Affiliate". A person that directly or indirectly, through one or\nmore intermediaries, controls or is controlled by, or is under common\ncontrol with, a specified person.\n 2. "Applicant". Any person who on his or her own behalf or on behalf\nof another has applied for permission to engage in any act or activity\nwhich is regulated under the provisions of this article.\n 3. "Application". A written request for permission to engage in any\nact or activity which is regulated under the provisions of this article.\n 4. "Authorized game". Any game determined by the commission to be\ncompatible with the public interest and to be suitable for casino use\nafter such appropriate test or experimental period as the commission may\ndeem appropriate. An authorized game may include gaming tournaments in\nwhich players compete against one another in one or more of the games\nauthorized herein or by the commission or in approved variations or\ncomposites thereof if the tournaments are authorized.\n 5. "Board". The New York state gaming facility location board\nestablished by the commission pursuant to section one hundred nine-a of\nthis chapter.\n 6. "Business". A corporation, sole proprietorship, partnership,\nlimited liability company or any other organization formed for the\npurpose of carrying on a commercial enterprise.\n 7. "Casino". One or more locations or rooms in a gaming facility that\nhave been approved by the commission for the conduct of gaming in\naccordance with the provisions of this article.\n 8. "Casino key employee". Any natural person employed by a gaming\nfacility licensee, or holding or intermediary company of a gaming\nfacility licensee, and involved in the operation of a licensed gaming\nfacility in a supervisory capacity and empowered to make discretionary\ndecisions which regulate gaming facility operations; or any other\nemployee so designated by the commission for reasons consistent with the\npolicies of this article.\n 9. "Casino vendor enterprise". Any vendor offering goods or services\nwhich directly relate to casino or gaming activity, or any vendor\nproviding to gaming facility licensees or applicants goods and services\nancillary to gaming activity. Notwithstanding the foregoing, any form of\nenterprise engaged in the manufacture, sale, distribution, testing or\nrepair of slot machines within the state, other than antique slot\nmachines, shall be considered a casino vendor enterprise for the\npurposes of this article regardless of the nature of its business\nrelationship, if any, with gaming facility applicants and licensees in\nthis state.\n 10. "Close associate". A person who holds a relevant financial\ninterest in, or is entitled to exercise power in, the business of an\napplicant or licensee and, by virtue of that interest or power, is able\nto exercise a significant influence over the management or operation of\na gaming facility or business licensed under this article.\n 11. "Commission". The New York state gaming commission.\n 12. "Complimentary service or item". A service or item provided at no\ncost or at a reduced cost to a patron of a gaming facility.\n 13. "Conservator". A person appointed by the commission to temporarily\nmanage the operation of a gaming facility.\n 14. "Credit card". A card, code or other device with which a person\nmay defer payment of debt, incur debt and defer its payment, or purchase\nproperty or services and defer payment therefor, but not a card, code or\nother device used to activate a preexisting agreement between a person\nand a financial institution to extend credit when the person's account\nat the financial institution is overdrawn or to maintain a specified\nminimum balance in the person's account at the financial institution.\n 15. "Debt". Any legal liability, whether matured or unmatured,\nliquidated or unliquidated, absolute, fixed or contingent, including\ndebt convertible into an equity security which has not yet been so\nconverted, and any other debt carrying any warrant or right to subscribe\nto or purchase an equity security which warrant or right has not yet\nbeen exercised.\n 16. "Encumbrance". A mortgage, security interest, lien or charge of\nany nature in or upon property.\n 17. "Executive director". The executive director of the New York state\ngaming commission.\n 18. "Family". Spouse, domestic partner, partner in a civil union,\nparents, grandparents, children, grandchildren, siblings, uncles, aunts,\nnephews, nieces, fathers-in-law, mothers-in-law, daughters-in-law,\nsons-in-law, brothers-in-law and sisters-in-law, whether by the whole or\nhalf blood, by marriage, adoption or natural relationship.\n 19. "Game". Any banking or percentage game located within the gaming\nfacility played with cards, dice, tiles, dominoes, or any electronic,\nelectrical, or mechanical device or machine for money, property, or any\nrepresentative of value which has been approved by the commission.\n 20. "Gaming" or "gambling". The dealing, operating, carrying on,\nconducting, maintaining or exposing for pay of any game.\n 21. "Gaming device" or "gaming equipment". Any electronic, electrical,\nor mechanical contrivance or machine used in connection with gaming or\nany game.\n 22. "Gaming employee". Any natural person, not otherwise included in\nthe definition of casino key employee, who is employed by a gaming\nfacility licensee, or a holding or intermediary company of a gaming\nfacility licensee, and is involved in the operation of a licensed gaming\nfacility or performs services or duties in a gaming facility or a\nrestricted casino area; or any other natural person whose employment\nduties predominantly involve the maintenance or operation of gaming\nactivity or equipment and assets associated therewith or who, in the\njudgment of the commission, is so regularly required to work in a\nrestricted casino area that registration as a gaming employee is\nappropriate.\n 23. "Gaming facility". The premises approved under a gaming license\nwhich includes a gaming area and any other nongaming structure related\nto the gaming area and may include, but shall not be limited to, hotels,\nrestaurants or other amenities.\n 24. "Gaming facility license". Any license issued pursuant to this\narticle which authorizes the holder thereof to own or operate a gaming\nfacility.\n 25. "Gross gaming revenue". The total of all sums actually received by\na gaming facility licensee from gaming operations less the total of all\nsums paid out as winnings to patrons; provided, however, that the total\nof all sums paid out as winnings to patrons shall not include the cash\nequivalent value of any merchandise or thing of value included in a\njackpot or payout.\n 26. "Holding company". A corporation, association, firm, partnership,\ntrust or other form of business organization, other than a natural\nperson, which, directly or indirectly, owns, has the power or right to\ncontrol, or has the power to vote any significant part of the\noutstanding voting securities of a corporation or any other form of\nbusiness organization which holds or applies for a gaming license;\nprovided, however, that a "holding company", in addition to any other\nreasonable use of the term, shall indirectly have, hold or own any such\npower, right or security if it does so through an interest in a\nsubsidiary or any successive subsidiaries, notwithstanding how many such\nsubsidiaries may intervene between the holding company and the gaming\nfacility licensee or applicant.\n 27. "Host municipality". A city, town or village in which a gaming\nfacility is located or in which an applicant has proposed locating a\ngaming facility.\n 28. "Intermediary company". A corporation, association, firm,\npartnership, trust or other form of business organization, other than a\nnatural person, which is a holding company with respect to a corporation\nor other form of business organization which holds or applies for a\ngaming license, and is a subsidiary with respect to a holding company.\n 29. "Junket". An arrangement intended to induce a person to come to a\ngaming facility to gamble, where the person is selected or approved for\nparticipation on the basis of the person's ability to satisfy a\nfinancial qualification obligation related to the person's ability or\nwillingness to gamble or on any other basis related to the person's\npropensity to gamble and pursuant to which and as consideration for\nwhich, any of the cost of transportation, food, lodging, and\nentertainment for the person is directly or indirectly paid by a gaming\nfacility licensee or an affiliate of the gaming facility licensee.\n 30. "Junket enterprise". A person, other than a gaming facility\nlicensee or an applicant for a gaming facility license, who employs or\notherwise engages the services of a junket representative in connection\nwith a junket to a licensed gaming facility, regardless of whether or\nnot those activities occur within the state.\n 31. "Junket representative". A person who negotiates the terms of, or\nengages in the referral, procurement or selection of persons who may\nparticipate in, a junket to a gaming facility, regardless of whether or\nnot those activities occur within the state.\n 32. "Operation certificate". A certificate issued by the commission\nwhich certifies that operation of a gaming facility conforms to the\nrequirements of this article and applicable regulations and that its\npersonnel and procedures are sufficient and prepared to entertain the\npublic.\n 33. "Person". Any corporation, association, operation, firm,\npartnership, trust or other form of business association, as well as a\nnatural person.\n 34. "Registration". Any requirement other than one which requires a\nlicense as a prerequisite to conduct a particular business as specified\nby this article.\n 35. "Registrant". Any person who is registered pursuant to the\nprovisions of this article.\n 36. "Restricted casino areas". The cashier's cage, the soft count\nroom, the hard count room, the slot cage booths and runway areas, the\ninterior of table game pits, the surveillance room and catwalk areas,\nthe slot machine repair room and any other area specifically designated\nby the commission as restricted in a licensee's operation certificate.\n 37. "Qualification" or "qualified". The process of licensure set forth\nby the commission to determine that all persons who have a professional\ninterest in a gaming facility license, or casino vendor enterprise\nlicense, or the business of a gaming facility licensee or gaming vendor,\nmeet the same standards of suitability to operate or conduct business\nwith a gaming facility.\n 38. "Slot machine". A mechanical, electrical or other device,\ncontrivance or machine which, upon insertion of a coin, token or similar\nobject therein, or upon payment of any consideration whatsoever, is\navailable to play or operate, the play or operation of which, whether by\nreason of the skill of the operator or application of the element of\nchance, or both, may deliver or entitle the individual playing or\noperating the machine to receive cash, or tokens to be exchanged for\ncash, or to receive merchandise or any other thing of value, whether the\npayoff is made automatically from the machine or in any other manner,\nexcept that the cash equivalent value of any merchandise or other thing\nof value shall not be included in determining the payout percentage of a\nslot machine.\n 39. "Sports wagering". The activity authorized by section one thousand\nthree hundred sixty-seven of this article, provided that there has been\na change in federal law authorizing such activity or upon ruling of a\ncourt of competent jurisdiction that such activity is lawful.\n 40. "Subsidiary". A corporation, a significant part of whose\noutstanding equity securities are owned, subject to a power or right of\ncontrol, or held with power to vote, by a holding company or an\nintermediary company, or a significant interest in a firm, association,\npartnership, trust or other form of business organization, other than a\nnatural person, which is owned, subject to a power or right of control,\nor held with power to vote, by a holding company or an intermediary\ncompany.\n 41. "Table game". A game, other than a slot machine, which is\nauthorized by the commission to be played in a gaming facility.\n 42. "Transfer". The sale or other method, either directly or\nindirectly, of disposing of or parting with property or an interest\ntherein, or the possession thereof, or of fixing a lien upon property or\nupon an interest therein, absolutely or conditionally, voluntarily or\ninvoluntarily, by or without judicial proceedings, as a conveyance,\nsale, payment, pledge, mortgage, lien, encumbrance, gift, security or\notherwise; provided, however, that the retention of a security interest\nin property delivered to a corporation shall be deemed a transfer\nsuffered by such corporation.\n