New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 5117
Executive Department
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9 NYCRR 5117.1 - Underage gaming violations
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
- Nov 15, 2021
- Related Register notice
- SGC-12-16-00009-A · Adopted rule
- Related notice published
- Jun 8, 2016
- Related notice effective date
- Jun 8, 2016
(a)No video lottery gaming agent, representative, licensed employee or contractor thereof, shall allow, permit or suffer any person under the age of 18 years (underage person) to:
(1)participate as a player at any game in a video lottery gaming facility;
(2)receive any complimentary service(s) or item(s) as a result of, or in anticipation of, such person’s gaming activity;
(3)be present on the gaming floor without the escort of a licensed video lottery facility employee and for longer than necessary to reach a destination that is not on the gaming floor.
(b)To insure compliance with this section, each video lottery gaming agent shall post appropriate security personnel at the entrances to the video lottery gaming facility.
(c)Each violation of any of the provisions of subdivision (a) of this section as to a single underage person shall be considered a separate and distinct violation.
(1)The commission shall penalize a licensee found to have violated paragraph (a)(1) of this section as follows:
(i)for a first violation, a fine of $5,000;
(ii)for a second violation within one year of a violation, a fine of $20,000;
(iii)for a third violation within one year of a violation, a fine of $25,000; and
(iv)for a fourth violation or subsequent violation within one year of a violation, a fine of $25,000 and such further action as the commission may deem appropriate, which may include without limitation the suspension or revocation of the occupational license of any key employee found to be responsible for the violation.
(2)The commission shall penalize a licensee found to have violated paragraph (a)(3) of this section as follows:
(i)for a first violation, a fine of $1,000;
(ii)for a second violation within one year of a violation, a fine of $5,000;
(iii)for a third violation within one year of a violation, a fine of $10,000; and
(iv)for a fourth violation or subsequent violation within one year of a violation, a fine of $25,000 and such further action as the commission may deem appropriate, which may include without limitation the suspension or revocation of the occupational license of any key employee found to be responsible for the violation.
(d)Each employee and representative of a video lottery gaming agent shall have an affirmative obligation to ensure that no underage person engages in any of the activities listed in subdivision (a) of this section. In addition to any penalty that may be imposed by the commission against the video lottery gaming agent, each employee or representative of a video lottery gaming agent who violates any provision of this section may be held jointly or severally liable for any such violation.
(e)The prohibition against underage gaming shall be prominently displayed by the video lottery gaming agent at the video lottery gaming facility, including on each video lottery terminal.
9 NYCRR 5117.2 - Underage gaming violations-affirmative defenses
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
(a)No video lottery gaming agent, representative, or employee thereof shall be liable for any underage gaming violation if such person can establish to a fair preponderance of the evidence at a hearing held pursuant to these regulations an affirmative defense in a manner set forth below.
(b)For purposes of establishing an affirmative defense to an underage gaming violation, the video lottery gaming agent, representative or employee thereof must show that it verified the underage patron’s identification and such identification indicated that the underage patron was of lawful age. Additionally, the underage patron must have produced one of the following:
(1)a photographic driver’s license issued by the laws of a state or other government that appears on the face of the license to be valid for such person in all respects; or
(2)a photographic identification card or a similar card issued pursuant to the laws of a state or the Federal government that appears on the face of the card to be valid for such person in all respects.
9 NYCRR 5117.3 - Alcoholic beverages
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
Nothing in these regulations prohibits the service of alcoholic beverages at a video lottery gaming facility pursuant to a license issued by the State Liquor Authority.
9 NYCRR 5117.4 - Firearms
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
No person, including security department personnel, shall possess, or be permitted to possess any firearm within any video lottery gaming facility without the prior express written consent of both the video lottery gaming agent and the commission, including the commission’s duly authorized representative, except for duly authorized personnel of each and law enforcement officials required to enter the video lottery gaming facility as part of their official duties. The video lottery gaming agent shall post in a conspicuous location at every entrance to the video lottery gaming facility, a sign stating: “No Person Shall Possess Any Firearm Within This Facility.”
9 NYCRR 5117.5 - Undesirable or excluded persons
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
(a)Any person whether a licensee, participant or patron who is deemed or whose conduct is deemed detrimental to the best interest of video lottery gaming or who is deemed an undesirable person may be expelled from the video lottery gaming facility. In this regard the video lottery gaming agent, on such agent’s own initiative, or upon request of the commission or the commission’s representatives, shall take immediate steps by whatever means are reasonably required to expel such person(s). Acts deemed undesirable shall consist of, but not be limited by, the following:
(1)bookmaking or other illegal gambling activities;
(2)touting;
(3)creating or continuing a public disturbance;
(4)disorderly conduct;
(5)associating with undesirables;
(6)failure to appear when directed to do so by any official of the commission in furtherance of an investigation or hearing and to testify under oath concerning any facts within such person’s knowledge and produce any books, records, written matter or other evidence within such person’s possession or control relevant to such matter.
(b)Nothing contained in this section shall diminish the right of any video lottery gaming agent to exclude any person as a patron or otherwise without reason, provided such exclusion is not based upon age (except for persons under the age of 18), race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status.
(c)Excluded persons shall immediately be provided with a notice of exclusion. A report, which shall include a copy of the exclusion notice and a photograph of the excluded subject, will be retained at the video lottery gaming facility for the period of exclusion and a copy shall be provided within 24 hours of exclusion to the commission or the commission’s designee.
9 NYCRR 5117.6 - Responsible gaming
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
- Nov 15, 2021
- Related Register notice
- SGC-47-18-00009-P · Proposed rule
- Related notice published
- Nov 21, 2018
(a)Each video lottery gaming agent shall establish a responsible gaming program approved by the commission, which plan shall comply with these regulations.
(b)Announcements encouraging responsible play shall be displayed by the video lottery gaming agent in all video lottery gaming areas as well as the reception and cashier areas.
(c)Responsible gaming information shall be prominently displayed by the video lottery gaming agent at the video lottery gaming facility, and problem gambling information shall be posted on each video lottery gaming agent’s website and on each video lottery terminal.
(d)The video lottery gaming agent’s responsible gaming plan will provide for employee training for responsible gaming.
(e)The video lottery gaming agent shall not divulge any name on the master list of excluded persons, other than to authorized surveillance, security or video lottery gaming department employees or other video lottery gaming personnel whose duties and functions require access to such information, and the commission or the commission’s duly authorized representatives.
(f)Neither these regulations nor any of the rights, duties, or obligations established hereunder, shall create any cause of action, right of action, claim, or other right whatsoever in favor of any person against the State, the commission, any video lottery gaming agent or any of the representatives or employees of any of the foregoing entities. Each person applying for placement on the list of excluded persons shall execute a full and complete waiver/release form commission releasing the State, the commission, any video lottery gaming agent or any of the representatives or employees of any of the foregoing entities from any liability associated with the acts relating to this provision.
9 NYCRR 5117.7 - Restrictions on acceptance of public assistance
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
Any video lottery gaming agent that cashes or accepts any public assistance check or electronic benefit transfer device issued by a public welfare official or department, or agent thereof, as and for public assistance, as proscribed by section 151 of the Social Services Law, shall be disciplined by the commission pursuant to Part 5113 of this Title.