§ 1335 — Games and gaming equipment

New York § 1335

• Jurisdiction: New York
• Law PML: Racing, Pari-Mutuel Wagering and Breeding Law
• Title 5: Requirements For Conduct and Operation of Gaming
• Art. 13: Destination Resort Gaming

Text

§ 1335. Games and gaming equipment. 1. This article shall not be\nconstrued to permit any gaming except the conduct of authorized games in\na casino in accordance with this article and the regulations promulgated\nhereunder.\n 2. Gaming equipment shall not be possessed, maintained or exhibited by\nany person on the premises of a gaming facility except in a casino or in\nrestricted casino areas used for the inspection, repair or storage of\nsuch equipment and specifically designated for that purpose by the\ngaming facility licensee with the approval of the commission. Gaming\nequipment that supports the conduct of gaming in a gaming facility but\ndoes not permit or require patron access, such as computers, may be\npossessed and maintained by a gaming facility licensee or a qualified\nholding or intermediary company of a gaming facility licensee in\nrestricted areas specifically approved by the commission. No gaming\nequipment shall be possessed, maintained, exhibited, brought into or\nremoved from a gaming facility by any person unless such equipment is\nnecessary to the conduct of an authorized game, has permanently affixed,\nimprinted, impressed or engraved thereon an identification number or\nsymbol authorized by the commission, is under the exclusive control of a\ngaming facility licensee or gaming facility licensee's employees, or of\nany individually qualified employee of a holding company or gaming\nfacility licensee and is brought into or removed from the gaming\nfacility following twenty-four hour prior notice given to an authorized\nagent of the commission.\n Notwithstanding any other provision of this section, computer\nequipment used by the slot system operator of a multi-casino progressive\nslot system to link and communicate with the slot machines of two or\nmore gaming facility licensees for the purpose of calculating and\ndisplaying the amount of a progressive jackpot, monitoring the operation\nof the system, and any other purpose that the commission deems necessary\nand appropriate to the operation or maintenance of the multi-casino\nprogressive slot machine system may, with the prior approval of the\ncommission, be possessed, maintained and operated by the slot system\noperator either in a restricted area on the premises of a gaming\nfacility or in a secure facility inaccessible to the public and\nspecifically designed for that purpose off the premises of a gaming\nfacility with the written permission of the commission. Notwithstanding\nthe foregoing, a person may, with the prior approval of the commission\nand under such terms and conditions as may be required by the\ncommission, possess, maintain or exhibit gaming equipment in any other\narea of the gaming facility, provided that such equipment is used for\nnongaming purposes. Notwithstanding any other provision of this article\nto the contrary, the commission may, by regulation, authorize the\nlinking of slot machines of one or more gaming facility licensees and\nslot machines located in casinos licensed by another state of the United\nStates. Wagering and account information for a multi-state slot system\nshall be transmitted by the operator of such multi-state slot system to\neither a restricted area on the premises of a gaming facility or to a\nsecure facility inaccessible to the public and specifically designed for\nthat purpose with the written permission of the commission, and from\nthere to slot machines of gaming facility licensees, provided all\nlocations are approved by the commission.\n 3. Each gaming facility shall contain a count room and such other\nsecure facilities as may be required by the commission for the counting\nand storage of cash, coins, tokens, checks, plaques, gaming vouchers,\ncoupons, and other devices or items of value used in wagering and\napproved by the commission that are received in the conduct of gaming\nand for the inspection, counting and storage of dice, cards, chips and\nother representatives of value. The commission shall promulgate\nregulations for the security of drop boxes and other devices in which\nthe foregoing items are deposited at the gaming tables or in slot\nmachines, and all areas wherein such boxes and devices are kept while in\nuse, which regulations may include certain locking devices. Said drop\nboxes and other devices shall not be brought into or removed from a\ngaming facility, or locked or unlocked, except at such times, in such\nplaces, and according to such procedures as the commission may require.\n 4. All chips used in gaming shall be of such size and uniform color by\ndenomination as the commission shall require by regulation.\n 5. All gaming shall be conducted according to rules promulgated by the\ncommission. All wagers and pay-offs of winning wagers shall be made\naccording to rules promulgated by the commission, which shall establish\nsuch limitations as may be necessary to assure the vitality of casino\noperations and fair odds to patrons. Each slot machine shall have a\nminimum payout of eighty-five percent.\n 6. Each gaming facility licensee shall make available in printed form\nto any patron upon request the complete text of the rules of the\ncommission regarding games and the conduct of gaming, pay-offs of\nwinning wagers, an approximation of the odds of winning for each wager,\nand such other advice to the player as the commission shall require.\nEach gaming facility licensee shall prominently post within a casino,\naccording to regulations of the commission such information about gaming\nrules, pay-offs of winning wagers, the odds of winning for each wager,\nand such other advice to the player as the commission shall require.\n 7. Each gaming table shall be equipped with a sign indicating the\npermissible minimum and maximum wagers pertaining thereto. It shall be\nunlawful for a gaming facility licensee to require any wager to be\ngreater than the stated minimum or less than the stated maximum;\nprovided, however, that any wager actually made by a patron and not\nrejected by a gaming facility licensee prior to the commencement of play\nshall be treated as a valid wager.\n 8. Testing of slot machines and associated devices. (a) Except as\nherein provided, no slot machine shall be used to conduct gaming unless\nit is identical in all electrical, mechanical and other aspects to a\nmodel thereof which has been specifically tested and licensed for use by\nthe commission. The commission shall also test or cause to be tested any\nother gaming device, gaming equipment, gaming-related device or\ngross-revenue related device, such as a slot management system,\nelectronic transfer credit system or gaming voucher system as it deems\nappropriate. In its discretion and for the purpose of expediting the\napproval process, the commission may utilize the services of a private\ntesting laboratory that has obtained a plenary license as a casino\nvendor enterprise to perform the testing, and may also utilize\napplicable data from any such private testing laboratory or from a\ngovernmental agency of a state authorized to regulate slot machines and\nother gaming devices, gaming equipment, gaming-related devices and\ngross-revenue related devices used in gaming, if the private testing\nlaboratory or governmental agency uses a testing methodology\nsubstantially similar to the methodology approved or utilized by the\ncommission. The commission, in its discretion, may rely upon the data\nprovided by the private testing laboratory or governmental agency and\nadopt the conclusions of such private testing laboratory or governmental\nagency regarding any submitted device.\n (b) Except as otherwise provided in paragraph (e) of this subdivision,\nthe commission shall, within sixty days of its receipt of a complete\napplication for the testing of a slot machine or other gaming equipment\nmodel, approve or reject the slot machine or other gaming equipment\nmodel. In so doing, the commission shall specify whether and to what\nextent any data from a private testing laboratory or governmental agency\nof a state was used in reaching its conclusions and recommendation. If\nthe commission is unable to complete the testing of a slot machine or\nother gaming equipment model within this sixty day period, the\ncommission may conditionally approve the slot machine or other gaming\nequipment model for test use by a gaming facility licensee provided that\nthe commission represents that the use of the slot machine or other\ngaming equipment model will not have a direct and materially adverse\nimpact on the integrity of gaming or the control of gross revenue. The\ncommission shall give priority to the testing of slot machines or other\ngaming equipment that a gaming facility licensee has certified it will\nuse in its gaming facility in this state.\n (c) The commission shall, by regulation, establish such technical\nstandards for licensure of slot machines, including mechanical and\nelectrical reliability, security against tampering, the\ncomprehensibility of wagering, and noise and light levels, as it may\ndeem necessary to protect the player from fraud or deception and to\ninsure the integrity of gaming. The denominations of such machines shall\nbe set by the licensee; the licensee shall simultaneously notify the\ncommission of the settings.\n (d) The commission shall, by regulation, determine the permissible\nnumber and density of slot machines in a licensed gaming facility so as\nto:\n (1) promote optimum security for gaming facility operations;\n (2) avoid deception or frequent distraction to players at gaming\ntables;\n (3) promote the comfort of patrons;\n (4) create and maintain a gracious playing environment in the gaming\nfacility; and\n (5) encourage and preserve competition in gaming facility operations\nby assuring that a variety of gaming opportunities is offered to the\npublic.\n Any such regulation promulgated by the commission which determines the\npermissible number and density of slot machines in a licensed gaming\nfacility shall provide that all casinos shall be included in any\ncalculation of the permissible number and density of slot machines in a\nlicensed gaming facility.\n (e) Any new gaming equipment that is submitted for testing to the\ncommission or to a state licensed independent testing laboratory prior\nto or simultaneously with submission of such new equipment for testing\nin a jurisdiction other than this state, may, consistent with\nregulations promulgated by the commission, be deployed by a gaming\nfacility licensee on the casino fourteen days after submission of such\nequipment for testing. If the gaming facility or casino vendor\nenterprise licensee has not received approval for the equipment fourteen\ndays after submission for testing, any interested gaming facility\nlicensee may, consistent with commission regulations, deploy the\nequipment on a field test basis, unless otherwise directed by the\nexecutive director.\n 9. It shall be unlawful for any person to exchange or redeem chips for\nanything whatsoever, except for currency, negotiable personal checks,\nnegotiable counter checks, other chips, coupons, slot vouchers or\ncomplimentary vouchers distributed by the gaming facility licensee, or,\nif authorized by regulation of the commission, a valid charge to a\ncredit or debit card account. A gaming facility licensee shall, upon the\nrequest of any person, redeem that licensee's gaming chips surrendered\nby that person in any amount over one hundred dollars with a check drawn\nupon the licensee's account at any banking institution in this state and\nmade payable to that person.\n 10. It shall be unlawful for any gaming facility licensee or its\nagents or employees to employ, contract with, or use any shill or barker\nto induce any person to enter a gaming facility or play at any game or\nfor any purpose whatsoever.\n 11. It shall be unlawful for a dealer in any authorized game in which\ncards are dealt to deal cards by hand or other than from a device\nspecifically designed for that purpose, unless otherwise permitted by\nthe rules of the commission.\n