New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 4823
Executive Department
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7 sections
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9 NYCRR 4823.1 - License required
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- SGC-09-21-00015-A · Adopted rule
- Related notice published
- Jun 2, 2021
- Related notice effective date
- Jun 2, 2021
No person, firm or corporation shall sell, lease or other furnish electronic bingo aids to any authorized organization for use in conjunction with the conduct or licensed bingo games without having first obtained a license therefore as provided in article 14-H of the General Municipal Law and this Chapter.
9 NYCRR 4823.2 - Commission approval
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- SGC-09-21-00015-A · Adopted rule
- Related notice published
- Jun 2, 2021
- Related notice effective date
- Jun 2, 2021
No licensed bingo supplier may offer for sale, lease or otherwise furnish any electronic bingo aid unless the commission has approved such electronic bingo aid in writing. All electronic bingo aids sold, leased or used in the State of New York shall comply with the following requirements:
(a)Each device or software program shall identify the name and license number of the licensed bingo supplier.
(b)A sales record shall be recorded and retained for a period of not less than 12 months.
(c)A receipt shall be provided to the player at the time of each sale, which shall reflect the amount paid by the player, the number of face cards to be played, date and time of sale, the name of the licensed authorized organization, and the registration identification number of the licensed authorized organization.
(d)No electronic bingo aid shall emit any sound while in use by a player other than an audible alert unobtrusively notifying the user that a winning bingo pattern has been obtained on one or more of that player's bingo cards.
(e)The commission or the commission’s designee may approve any other written requests for an electronic bingo aid change that ensures that the games are fairly and properly conducted and that enable individuals with disabilities to play the game independently.
(f)Each player shall be required to manually enter the letter or number of the object or ball announced by the bingo caller into the electronic bingo aid, by means of pressing a button or touch-screen image. Automatic daubing features that mark the numbers called for the player, or permit the player to automatically "catch-up" with numbers previously announced by the caller are prohibited.
(g)No electronic bingo aid shall resemble a slot machine or other game of chance, or be capable of accepting or electing anything of value, including but not limited to, currency, coin, token, credit card, or debit card.
(h)Every model of electronic bingo aid shall be certified in writing by an independent testing laboratory or a regulatory agency of another state approved by the commission, at the manufacturers' expense, that the electronic bingo aid meets the standards herein and that the erasable programmable read only memory modules (EPROM) or other game program media logic storage or retrieval components cannot be altered, tampered with, replaced or otherwise programmed by anyone other than by the manufacturer without rendering the electronic bingo aid inoperable.
9 NYCRR 4823.3 - Inspections and demonstrations
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- SGC-09-21-00015-A · Adopted rule
- Related notice published
- Jun 2, 2021
- Related notice effective date
- Jun 2, 2021
(a)The commission shall require a demonstration and inspection of any electronic bingo aid prior to its approval.
(b)The governing municipal body or the commission may require a demonstration and inspection of any electronic bingo aid stored in any licensed bingo premises during normal business hours. Refusal by any licensee to submit an electronic bingo aid to such demonstration and inspection may result in the temporary suspension of approval to use such electronic bingo aid by the governing municipal body or the commission. In the event that a governing municipal body temporarily suspends the approval of use of such electronic bingo aid, such governing municipal body shall notify the commission of such suspension no later than 72 hours after such suspension takes effect.
(c)The governing municipal body or the commission may request and the respective licensee shall provide a certified report of electronic bingo aid sales activity from any licensed bingo supplier or licensed authorized organization using or in possession of such electronic bingo aid.
9 NYCRR 4823.4 - Written agreements required
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- SGC-09-21-00015-A · Adopted rule
- Related notice published
- Jun 2, 2021
- Related notice effective date
- Jun 2, 2021
(a)No agreement for the rental, lease or use of any electronic bingo aid shall be valid unless the entire agreement is in writing, signed by the parties thereto, executed copies of which have been filed with the commission and the department or clerk of the governing municipality at least 48 hours prior to use of such electronic bingo aids.
(b)Licensed suppliers shall lease or sell electronic bingo aids only to licensed authorized organizations licensed to conduct bingo or, if approved in writing by the commission, to commercial lessors. In cases where the licensed supplier leases electronic bingo aids to a licensed authorized organization, the licensed supplier may charge either a flat fee or a per-use fee. In cases where the licensed supplier leases electronic bingo aids to a commercial lessor, the licensed supplier shall only charge a flat fee for the use of such device and shall not charge on a percentage of net proceeds or a per-use basis, and the commercial lessor shall include the cost of the electronic bingo aids in the written lease with the licensed authorized organization consistent with section 4820.10 of this Subchapter, provided that cost is unrelated to a percentage of net receipts or the number of units used.
(c)No agreement shall be enforceable by a supplier against an authorized organization beyond the term of a bingo license issued to such authorized organization. An agreement may contain an option clause to be exercised solely at the discretion of the authorized organization continuing the terms of a previous contract into a new license year.
(d)No agreement shall require that an organization purchase bingo face-cards, supplies, games of chance supplies or other bingo equipment exclusively from any supplier.
9 NYCRR 4823.5 - Multiple systems permitted
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- SGC-09-21-00015-A · Adopted rule
- Related notice published
- Jun 2, 2021
- Related notice effective date
- Jun 2, 2021
(a)An authorized organization may use or offer for sale or lease more than one electronic bingo aid system provided the total number of electronic bingo aid units in use at one time does not exceed 15 percent of the total bingo seating capacity of such premises and each system includes separate sales record programs.
(b)No lessor of bingo premises may store an electronic bingo aid on its premises unless such electronic bingo aid is leased to or owned by an authorized organization licensed to conduct bingo at such premises.
9 NYCRR 4823.6 - Reporting requirements
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- SGC-09-21-00015-A · Adopted rule
- Related notice published
- Jun 2, 2021
- Related notice effective date
- Jun 2, 2021
(a)In addition to the requirements of Part 4815 of this Chapter, a supplier of electronic bingo aids shall report to the commission:
(1)the number of electronic bingo aids shipped into New York State or to a federally recognized Indian tribe or nation located, wholly or in part, within the geographic boundaries of New York State;
(2)the serial number of each such electronic bingo aid; and
(3)the name and address of the licensee or federally recognized Indian tribe or nation in possession of such electronic bingo aids.
(b)The supplier or its agent shall submit such report to the commission at least three days prior to shipment of any electronic bingo aid into New York State.
(c)Any changes or modifications made to any electronic bingo aid, or replacement thereof after shipment into New York State reported to the commission pursuant to subdivision (a) of this section shall be reported to the commission by the supplier or the supplier’s agent no later than 48 hours after such change, modification or replacement.
(d)Failure by any supplier to provide the notice herein required shall constitute cause for denial of pending license, suspension or revocation of commission approval for an electronic bingo aid, or suspension or revocation of a license that has been granted.
9 NYCRR 4823.7 - Restrictions on the use of electronic bingo aids by authorized organizations
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
- Related Register notice
- SGC-09-21-00015-A · Adopted rule
- Related notice published
- Jun 2, 2021
- Related notice effective date
- Jun 2, 2021
(a)No authorized organization shall require that a player use an electronic bingo aid.
(b)The price of computerized bingo face-cards, bingo paper face-cards and packages of bingo face-cards sold in conjunction with an electronic bingo aid shall be the same price per face-card as bingo cards, bingo face-cards or packages of face-cards sold to players not using an electronic bingo aid during the same bingo occasion.
(c)Only licensed bona fide members of a licensed authorized organization may lease electronic bingo aids to players, and only during the license period of such authorized organization.
(d)The maximum number of electronic bingo aids in use per licensed premise shall not exceed 25 percent of the total bingo seating capacity for such premise.
(e)Not more than 54 computerized bingo face-cards per electronic bingo aid may be sold to one player per bingo game and programmed into an electronic bingo aid. This limitation shall not be construed to limit the number of traditional bingo face-cards, bingo paper face-cards or packages of face-cards that a player may purchase. This is a maximum allowable amount and a licensed authorized organization may establish lower maximums at its discretion.
(f)No person shall be permitted to operate more than one electronic bingo aid during any bingo occasion.
(g)No electronic bingo aid that is defective, has been physically damaged in any way, or has been otherwise tampered with shall be offered for use.
(h)Authorized organizations shall issue bingo face-cards to each player who has rented an electronic bingo aid. The font size on each bingo face-card shall be at least 16-point. No player shall be allowed to play any computerized bingo face-card that does not correspond with a bingo face-card issued to such player.
(i)Receipts shall be provided to each player with each purchase. In cases where reusable bingo cards are issued to a player, the player's receipt shall indicate the specific face-card numbers purchased by the player.
(j)Electronic bingo aids shall only be used in conjunction with traditional elements of bingo, and shall not replace any traditional element of bingo.
(k)Organizations shall report all sales related to the operation of electronic bingo aids on form BC-7, line A-2, and form BC-7B, line N.