§ 1323 — Key employee licenses

§ 1323. Key employee licenses. 1. No licensee or a holding or\nintermediary company of a licensee may employ any person as a casino key\nemployee unless the person is the holder of a valid casino key employee\nlicense issued by the commission.\n 2. Each applicant for a casino key employee license must, prior to the\nissuance of any casino key employee license, produce information,\ndocumentation and assurances concerning the following qualification\ncriteria:\n (a) Each applicant for a casino key employee license shall produce\nsuch information, documentation and assurances as may be lawfully\nrequired to establish by clear and convincing evidence the financial\nstability, integrity and responsibility of the applicant, including but\nnot limited to bank references, business and personal income and\ndisbursements schedules, tax returns and other reports filed with\ngovernmental agencies, and business and personal accounting and check\nrecords and ledgers. In addition, each applicant shall, in writing,\nauthorize the examination of all bank accounts and records as may be\ndeemed necessary by the commission.\n (b) Each applicant for a casino key employee license shall produce\nsuch information, documentation and assurances as may be required to\nestablish by clear and convincing evidence the applicant's good\ncharacter, honesty and integrity. Such information shall include data\npertaining to family, habits, character, reputation, criminal history\ninformation, business activities, financial affairs, and business,\nprofessional and personal associates, covering at least the ten year\nperiod immediately preceding the filing of the application. Each\napplicant shall notify the commission of any civil judgments obtained\nagainst such applicant pertaining to antitrust or security regulation\nlaws of the federal government, of this state or of any other state,\njurisdiction, province or country. In addition, each applicant shall,\nupon request of the commission, produce letters of reference from law\nenforcement agencies having jurisdiction in the applicant's place of\nresidence and principal place of business, which letters of reference\nshall indicate that such law enforcement agencies do not have any\npertinent non-sealed information concerning the applicant, or if such\nlaw enforcement agency does have such information pertaining to the\napplicant, shall specify what that information is. If the applicant has\nbeen associated with gaming operations in any capacity, position or\nemployment in a jurisdiction which permits such activity, the applicant\nshall, upon request of the commission, produce letters of reference from\nthe gaming enforcement or control agency, which shall specify the\nexperience of such agency with the applicant, his or her associates and\nhis or her participation in the gaming operations of that jurisdiction;\nprovided, however, that if no such letters are received from the\nappropriate law enforcement agencies within sixty days of the\napplicant's request therefor, the applicant may submit a statement under\noath that he or she is or was during the period such activities were\nconducted in good standing with such gaming enforcement or control\nagency.\n (c) Each applicant employed by a gaming facility licensee shall be a\nresident of the state prior to the issuance of a casino key employee\nlicense; provided, however, that upon petition by the holder of a\nlicense, the commission may waive this residency requirement for any\napplicant whose particular position will require him to be employed\noutside the state; and provided further that no applicant employed by a\nholding or intermediary company of a licensee shall be required to\nestablish residency in this state.\n (d) For the purposes of this section, each applicant shall submit to\nthe commission the applicant's name, address, fingerprints and written\nconsent for a criminal history information as defined in paragraph (c)\nof subdivision one of section eight hundred forty-five-b of the\nexecutive law, to be performed. The commission is hereby authorized to\nexchange fingerprint data with and receive criminal history record\ninformation from the state division of criminal justice services and the\nfederal bureau of investigation consistent with applicable state and\nfederal laws, rules and regulations. The applicant shall pay the fee for\nsuch criminal history information as established pursuant to article\nthirty-five of the executive law. The state division of criminal justice\nservices shall promptly notify the commission in the event a current or\nprospective licensee, who was the subject of such criminal history\ninformation pursuant to this section, is arrested for a crime or offense\nin this state after the date the check was performed.\n 3. The commission shall deny a casino key employee license to any\napplicant who is disqualified on the basis of the criteria contained in\nsection one thousand three hundred eighteen of this title, subject to\nnotice and hearing.\n 4. Upon receipt of such criminal history information, the commission\nshall provide such applicant with a copy of such criminal history\ninformation, together with a copy of article twenty-three-A of the\ncorrection law, and inform such applicant of his or her right to seek\ncorrection of any incorrect information contained in such criminal\nhistory information pursuant to regulations and procedures established\nby the division of criminal justice services. Except as otherwise\nprovided by law, such criminal history information shall be confidential\nand any person who willfully permits the release of such confidential\ncriminal history information to persons not permitted to receive such\ninformation shall be guilty of a misdemeanor.\n 5. Upon petition by the holder of a license, the commission may issue\na temporary license to an applicant for a casino key employee license,\nprovided that:\n (a) The applicant for the casino key employee license has filed a\ncompleted application as required by the commission;\n (b) The petition for a temporary casino key employee license\ncertifies, and the commission finds, that an existing casino key\nemployee position of the petitioner is vacant or will become vacant\nwithin sixty days of the date of the petition and that the issuance of a\ntemporary key employee license is necessary to fill the said vacancy on\nan emergency basis to continue the efficient operation of the casino,\nand that such circumstances are extraordinary and not designed to\ncircumvent the normal licensing procedures of this article;\n 6. Unless otherwise terminated pursuant to this article, any temporary\ncasino key employee license issued pursuant to this section shall expire\nnine months from the date of its issuance.\n