9 NYCRR Part 5322 - Executive Department

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source versions current through Nov 15, 2021 - Mar 31, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 5322.1 - Definitions

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

Unless the context indicates otherwise, the following definitions are applicable throughout this Part.

(a)Base plate means the interior shelf of the dealing shoe on which the cards rest.

(b)Continuous shuffling device means an electronic dealing device designed to reshuffle continuously the cards of a discard rack randomly into a dealing shoe so that those integrated cards are being dealt from a changing card stack.

(c)Edge means the surface of a chip across which its thickness can be measured in a perpendicular line from one face to the other.

(d)Edge spot means an identifying characteristic used on the edge of each value chip issued by a gaming facility licensee.

(e)Face means each of the two surfaces of a chip across which the diameter of the chip can be measured.

(f)Face plate means the front wall of the dealing shoe against which the next card to be dealt rests and that typically contains a cutout.

(g)Impress means the roulette chips, which are used for gaming, that remain at each roulette table or table inventories that are maintained by player-banked Poker dealers on an impress basis.

(h)Impressment means an inventory conducted on each impress.

(i)Plaques mean a solid, one-piece object constructed entirely of plastic or other substance and have at least two but no more than six smooth, plane surfaces. At least two of the plane surfaces, each to be known as a face, shall be opposite and parallel to each other and identical in shape, which shall be a square, rectangle or ellipse. Other surfaces of a plaque shall be known collectively as the edge.

(j)Primary color means the predominant color used on a chip.

(k)RFID chip means a chip that contains a radio-frequency identification tag that can be used to determine the authenticity of the chip.

(l)Secondary color means any color on the face or edge of the chip that is used as a contrast to the chip’s primary color.

9 NYCRR 5322.2 - Gaming chips; physical characteristics, issuance and use

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: SGC-09-21-00013-A · Adopted rule
Related notice published: Jun 2, 2021
Related notice effective date: Jun 2, 2021

(a)Physical characteristics applicable to all chips; issuance and use.

(1)Each chip shall be in the form of a disk and, except as otherwise provided in this Part, shall have a uniform diameter of one and 9/16ths inch, or the metric equivalent, for each chip in a denomination of less than $500. Each chip in a denomination of $500 or more shall have a uniform diameter of one and 11/16th inch, or the metric equivalent.

(2)No chip shall be used in a gaming facility unless and until the design specifications of the proposed chip are, prior to the manufacture of the chip, submitted to and approved in writing by the commission, which submission shall include a detailed schematic depicting the actual size and, as appropriate, location of the following:

(i)each face, including any indentations or impressions;

(ii)the edge; and

(iii)any colors, words, designs, graphics or security measures contained on or in the chip.

(3)Each chip issued by the gaming facility shall be designed and manufactured with sufficient graphics or other security measures to the greatest extent possible, to prevent the counterfeiting of the chip.

(b)Value chips; denominations; physical characteristics.

(1)A gaming facility shall be authorized to issue and use value chips in denominations of $1, $2, $2.50, $5, $10, $20, $25, $100, $500, $1,000, $5,000, $10,000, $20,000, $25,000 and $100,000 and other denominations approved in writing by the commission.

(2)Each monetary denomination of value chip issued by the gaming facility shall contain a predominant color unique to that denomination, to be known as the primary color, as set forth in paragraph (3) of this subdivision. A secondary color on a value chip is any color, other than that such chip’s primary color, included on the face or edge of the chip as a contrast to such chip’s primary color, except that no primary color shall be used as a secondary color on a value chip of another denomination where such use on the edge is reasonably likely to cause confusion as to the chip’s denomination when the edge alone is visible.

(3)A value chip shall appear as the color set forth in this paragraph when such chip is viewed both in daylight and under incandescent light. In conjunction with the primary colors, the gaming facility shall use contrasting secondary colors for the edge spots on each denomination of value chip. The primary color that the gaming facility shall use for each denomination of value chip shall be as follows:

Denomination	Color
$1	White
$2	Light blue
$2.50	Pink
$5	Red
$10	Blue
$20	Yellow
$25	Green
$100	Black
$500	Purple
$1,000	Orange
$5,000	Gray
$10,000	Brown
$20,000	Gold
$25,000	Fluorescent radiant red
$100,000	Metallic gold

(4)Each value chip issued by a gaming facility shall contain certain identifying characteristics that may appear in any location at least once on each face of the chip and are applied in a manner that ensures that each such characteristic shall be visible clearly and remain a permanent part of the chip. These characteristics shall, at a minimum, include:

(i)the monetary denomination of the value chip, expressed in numbers;

(ii)the name, logo or other approved identification of the gaming facility issuing the value chip, which shall be applied in such a manner so as to be visible to the gaming facility’s surveillance department using the closed-circuit television system; and

(iii)the primary color of the value chip.

(5)In addition to the characteristics specified in paragraph (4) of this subdivision, each value chip in a denomination of $25 or more shall contain a design or other identifying characteristic that is unique to the manufacturer of the chip.

(6)Each value chip issued by the gaming facility shall contain an identifying characteristic, to be known as an edge spot, which shall:

(i)be applied in a manner that ensures that the edge spot shall be clearly visible on the edge and on each face of the value chip and remain a permanent part of the value chip; and

(ii)be created by using:

(a)the primary color of the chip;

(b)one or more secondary colors; and

(c)a design, pattern or other feature that a person with adequate training readily could use to identify, when viewed through a closed-circuit television system, the denomination of the particular value chip when placed in a stack of chips, in the table inventory or in any other location where only the edge of the value chip is visible; provided, however, that the design, pattern or feature created by the primary and secondary colors shall be sufficient by itself to satisfy the requirements of this subdivision if approved in writing for that purpose by the commission.

(7)Each value chip with a denomination less than $25 shall contain at least one anti-counterfeiting measure and each value chip with a denomination of $25 or more shall contain at least three anti-counterfeiting measures in addition to those items required to appear on the face or edge of a value chip by this section. Each value chip with a denomination of $25,000 or more shall contain at least four anti-counterfeiting measures in addition to those items required to appear on the face or edge of a value chip by this section.

(8)In addition to any other requirement imposed by the commission and this section, the edge spots on a value chip that has non-identical faces shall appear uniform in design, pattern or other feature when viewed from the perspective of the same face on any other value chip in the set. Notwithstanding the foregoing, the edge spots on a value chip that has non-identical faces and a denomination below $25 may appear uniform in design, pattern or other feature or as an inverted mirror image thereof when viewed from the perspective of either face on any other value chip in the set.

(c)Non-value chips; physical characteristics, permitted uses, inventory and impressment.

(1)Each non-value chip shall be used only in games authorized by the commission.

(2)Each non-value chip issued by the gaming facility shall contain certain identifying characteristics that may appear in any location at least once on each face of the chip and shall be applied in a manner that ensures that each such characteristic shall be clearly visible and remain a permanent part of the chip. The characteristics required by subparagraphs (i) and (ii) of this paragraph shall be applied in such a manner so as to be visible to the gaming facility’s surveillance department using the gaming facility’s closed-circuit television system. The identifying characteristics of a non-value chip, at a minimum, shall include:

(i)the name, logo or other approved identification of the gaming facility issuing the non-value chip;

(ii)a design, insert or symbol that will permit a set of non-value chips being used at a particular gaming table to be distinguished readily from the non-value chips being used at every other gaming table in the gaming facility;

(iii)the name of the game; and

(iv)such color and design combinations as approved by the commission so as to distinguish readily the non-value chips of each player at a particular gaming table from the non-value chips of every other player at the same gaming table and the value chips issued by the gaming facility.

(3)Each non-value chip issued by the gaming facility shall contain an identifying characteristic, to be known as an edge spot, that shall:

(i)be applied in a manner that ensures that the edge spot shall be clearly visible on the edge and on each face of the non-value chip and remain a permanent part of the non-value chip;

(ii)be created by using the colors approved by the commission for the face of the particular non-value chip, in combination with one or more other colors that provide a contrast with the color on the face of the chip; and

(iii)include a design, pattern or other feature approved in writing by the commission that a person with adequate training readily could use to identify, when viewing the non-value chip through a closed-circuit television system, the player to whom the non-value chip has been assigned when the non-value chip is placed in a stack of chips or in any other location where only the edge of the non-value chip is visible; provided, however, that the design, pattern or feature created by the colors required by paragraph (2) of this subdivision shall be sufficient by itself to satisfy the requirements of this subdivision if approved in writing for that purpose by the commission.

(4)Each non-value chip shall be assigned to a particular gaming table and shall be issued and used for gaming at that table only. All non-value chips used at a particular gaming table shall have the same design, insert or symbol. Neither the gaming facility nor any employee thereof shall knowingly allow any patron to remove a non-value chip from the table at which it was issued.

(5)An impressment of the non-value chips assigned to each gaming table shall be completed at least once every 30 days. The gaming facility shall record the results of the impressment in a chip inventory ledger and shall perform the impressment in accordance with the system of internal controls as set forth in section 5313.1 of this Title.

(6)The gaming facility shall record in a chip inventory ledger and submit to the commission, a monthly summary of the non-value chip inventory for each gaming table. This monthly summary shall include, at a minimum, the following information for each non-value chip color, design and other identifiers:

(i)the number of non-value chips received from the manufacturer during the month;

(ii)the balance on hand at the beginning of the month;

(iii)the number of non-value chips distributed to each roulette table during the month;

(iv)the number of non-value chips returned to inventory during the month; and

(v)the balance on hand at the end of the month.

(d)A gaming facility licensee may issue promotional chips only to be used in promotions as approved by the commission. The physical characteristics of such chips shall be sufficiently distinguishable from the approved design specifications of any gaming value or non-value chip issued by the gaming facility licensee so as reasonably to ensure that such promotional chip will not be confused with authorized chips. At a minimum, such promotional chips shall:

(1)be unique in terms of size, weight and color;

(2)have no edge designs unique to chips;

(3)bear the name of the gaming facility issuing them and the phrase “No Cash Value” on both faces; and

(4)shall include the letters “NY” and the name of the city or county in which the gaming facility is located.

(e)A gaming facility licensee may issue promotional non-value chips that are prohibited from use in gaming. The physical characteristics of such non-value chips shall be sufficiently distinguishable from approved design specifications of any gaming value or non-value chip issued by the gaming facility licensee so as reasonably to ensure that such promotional non-chips will not be confused with authorized chips. At a minimum, such promotional non-chips shall:

(1)be unique in terms of size, weight and color;

(2)have no edge designs unique to chips;

(3)bear the name of the gaming facility issuing them and language on both faces stating that they have no redeemable value; and

(4)shall include the letters “NY” and the name of the city or county in which the gaming facility is located.

(f)A gaming facility may use RFID chips.

9 NYCRR 5322.3 - Reserve set of chips and removal from active use

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Unless otherwise authorized in writing by the commission, for each set of value chips that a gaming facility elects to issue in a denomination of $25, $100 or $500, such gaming facility shall also have at least one approved reserve set of chips that may be used as a backup for the set of chips in active use. Each reserve set of value chips maintained for use by the gaming facility shall have different secondary colors than the primary set of value chips.

(b)A gaming facility shall have a reserve non-value chip for each color used in the gaming facility, with a design insert or symbol different from those non-value chips comprising the primary set.

(c)A gaming facility shall remove the primary set of chips in use from active play whenever it is believed the gaming facility is taking on counterfeit chips or whenever any other impropriety or defect in the use of such set of chips makes removal of the chips from active use necessary or whenever the commission so directs in writing. An approved reserve set of value chips and a reserve set of non-value chips shall be placed into active play whenever the primary set is removed.

(d)Whenever the chips in active use are removed from play, the gaming facility immediately shall notify on site commission staff of such fact and the reasons for such occurrence.

(e)Notwithstanding subdivision (a) of this section, a gaming facility shall obtain written commission approval to commingle two or more different samples within a single set of value chips from the same or different manufacturers for a particular denomination of value chip with a denomination of $100 or less, provided that each sample of a particular denomination shall have the same secondary color and edge design. Any approved sample of a particular denomination of value chip within a single set of chips may be placed in or removed from active use by the gaming facility at any time.

(f)Each set of chips that the commission approves for use by a gaming facility shall receive a unique and permanent alphabetical designation. This designation shall be assigned by such gaming facility during the design schematic approval process and shall be used for all inventory procedures. If a gaming facility elects to commingle chips pursuant to subdivision (e) of this section, in addition to the assigned alphabetical designation for that set of chips, each different sample within the set shall also be assigned an accompanying unique numeric designation.

9 NYCRR 5322.4 - Nature, exchange and redemption of chips, plaques and table game promotional coupons

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)All wagering on gaming tables in a gaming facility shall be conducted with chips and plaques; provided, however, that table game promotional coupons shall be permitted for use in wagering at games authorized by the commission. A gaming facility licensee shall submit to the commission a sample of each table game promotional coupon.

(b)Chips and plaques previously issued by a gaming facility licensee that are not in active use by such gaming facility shall not be used for wagering at gaming tables and shall neither be accepted nor exchanged for any purpose at a gaming table. Such chips and plaques shall be redeemed only at the cashier’s cage pursuant to subdivision (g) of this section.

(c)Chips and plaques shall be issued to a patron only at the request of such patron and shall not be given as change in any other transaction but a gaming transaction. Chips and plaques shall be issued only by dealers to patrons at gaming tables. Chips and plaques shall be redeemed by patrons only at the cashier’s cage; provided, however, that value chips may be:

(1)issued to a patron in payment of a winning keno bet and as part of a keno wagering transaction in which value chips are tendered for wager; and

(2)used by a patron for keno wagering, including keno wagers in public keno areas.

(d)Except as provided in subdivision (j) of this section and as the commission otherwise may specifically approve in writing, a gaming facility shall redeem such gaming facility’s chips and plaques only from such gaming facility’s gaming patrons and shall not knowingly redeem such gaming facility’s chips and plaques from any non-gaming-patron source.

(e)Non-value chips shall be presented for redemption only at the table from which such chips were issued and shall not be redeemed or exchanged at any other location within a gaming facility. When non-value chips are presented for redemption, a dealer shall accept such chips in exchange for an equivalent amount of value chips or plaques, which a patron may then use in gaming or redeem in the same manner as any other value chip or plaque.

(f)A gaming facility shall have the discretion to permit, limit or prohibit the use of value chips at games where the use of non-value chips is authorized by the commission; provided, however, that when value chips are in use, a gaming facility and such gaming facility’s employees shall keep an accurate account of the wagers made with value chips at any such game so that the wagers made by each player are readily distinguishable from those being made by every other player at such table.

(g)Each chip and plaque is solely evidence of a debt that the gaming facility owes to the person legally in possession of such chip or plaque, and shall remain the property of the issuing gaming facility licensee. A gaming facility shall have the right at any time to demand that a person in possession of a chip or plaque surrender the item for redemption in accordance with Racing, Pari-Mutuel Wagering and Breeding Law section 1335(9), except when the chips were obtained or are being used unlawfully as set forth in Racing, Pari-Mutuel Wagering and Breeding Law sections 1332(2) and 1345.

(h)If a patron requests by mail to redeem value chips in any amount, a gaming facility may effectuate such redemption in accordance with such gaming facility’s system of internal controls.

(i)A gaming facility shall accept, exchange or redeem only chips or plaques that such gaming facility has issued and shall not knowingly accept, exchange or redeem chips or plaques, or objects purporting to be chips or plaques, that have been issued by any other gaming facility.

(j)Non-gaming employees of a gaming facility who are authorized to receive chips as personal gratuities may redeem such chips at the cashier’s cage or at another secure location in the gaming facility as approved in writing by the commission. Gaming chips redeemed by employees at a non-cage employee redemption site shall be exchanged on a daily basis with the cashier’s cage in accordance with procedures approved in writing by the commission.

9 NYCRR 5322.5 - Receipt of chips from manufacturer or distributor; inventory, security, storage, destruction

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)When chips are received from the manufacturer or distributor thereof, they shall be opened and checked in accordance with the gaming facility’s system of internal controls. Any deviation between the invoice accompanying the chips and the actual chips received or any defects found in such chips shall be reported immediately to the commission.

(b)After checking the chips received, a gaming facility licensee shall cause to be recorded in a chip inventory ledger the assigned alphabetical designation (i.e., active or reserve), the denomination of the value chips received, the number of each denomination of value chip received and the number and description of all non-value chips received, the date of any such receipt and the signatures of the individuals who checked any such chips. If the chips will not be put into active use, the ledger also shall identify the storage location.

(c)Any chips not in active use shall be stored in a secured storage area approved by the commission adjacent to and accessible exclusively from the casino floor.

(d)Whenever any chips are taken from or returned to a secured storage area approved by the commission, at least two employees shall be present and the following information shall be recorded with the date and signatures of the employees involved:

(1)the assigned alphabetical designation as set forth in subdivision (b) of this section, and if applicable, any numeric designation;

(2)the number and dollar amount for each denomination of value chip removed or returned;

(3)the number and description of the non-value chips removed or returned;

(4)the specific storage area being entered; and

(5)the reason for the entry into the storage area.

(e)At the end of each gaming day, each gaming facility shall compute and record the unredeemed liability for each denomination of value chips by comparing the total chips purchased less chips destroyed or taken into income to the amount of chips on hand in the cages and in the table inventories. At least once every three months, at a minimum, each gaming facility shall inventory all sets of value chips in the possession of such gaming facility and shall record the result of such inventory in the chip inventory ledger. The unredeemed chip liability and value chip inventory shall be tracked electronically using a computerized system that details the total authorized amount of the chips by denomination as recorded by a cage supervisor or gaming facility supervisor, and the on-hand physical inventory of the chips controlled in the chip bank and on each gaming table. The unredeemed chip liability represents the difference between chips authorized and chips in inventory.

(f)If a gaming facility licensee elects to commingle chips as set forth in section 5322.3(e) of this Part, an employee of such gaming facility’s accounting department shall, on a quarterly basis, inventory all chips of a particular sample and readjust the starting inventory for those chips that are no longer in the possession of such gaming facility. The adjusted inventory figure shall be recorded in the chip inventory ledger and shall be the new beginning inventory figure for the next quarter for purposes of computing the daily outstanding chip liability required by this section.

(g)Prior to the destruction of chips, a gaming facility shall notify the commission in writing of the date and the location at which the destruction will be performed, the denomination, number and amount of value chips to be destroyed, the description and number of non-value chips to be destroyed and a detailed explanation of the method of destruction. Unless otherwise authorized by the commission in writing, the destruction of chips shall be carried out in the presence of at least two employees of the gaming facility, one of whom shall be from the accounting department of the gaming facility and one of whom shall be from the security department. The denomination, number and amount of value chips, in the case of non-value chips, the description and number so destroyed shall be recorded in the chip inventory ledger together with the signatures of the individuals carrying out such destruction and the date on which such destruction took place. A gaming facility also shall maintain a written log of the names and titles of all personnel involved in each such destruction.

(h)A gaming facility shall ensure that at all times there is adequate security, as approved by the commission in writing, for all chips in its possession.

9 NYCRR 5322.6 - Tournament chips

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)If a gaming facility conducts table game tournaments, the tournaments shall be conducted using tournament chips.

(b)The identifying characteristics of a tournament chip shall include, at a minimum:

(1)the name, logo or other approved identification of the gaming facility issuing the tournament chip;

(2)the word “Tournament”;

(3)the denomination of the chip;

(4)the phrase “No Cash Value”; and

(5)color or design combinations so as to readily distinguish the tournament chips from:

(i)the roulette chips used for the play of roulette at such gaming facility; and

(ii)the value chips issued by any other gaming facility.

(c)Tournament chips shall be stored in a secure area approved by the commission in writing.

(d)Each gaming facility shall conduct an inventory of all tournament chips prior to the start and after the completion of each tournament.

(e)Discrepancies in any inventory shall be reported immediately to the commission. The discrepancy report shall include the balance for denomination of tournament chips on hand at the beginning of the tournament and the balance on hand at the end of each tournament.

9 NYCRR 5322.7 - Plaques; issuance, use and physical characteristics

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Plaques may not be issued or used by a gaming facility unless:

(1)the design specifications of the proposed plaque are submitted to the commission and approved. The submission shall include a detailed schematic depicting the actual size and, as appropriate, location of the following:

(i)each face;

(ii)the edge; and

(iii)any colors, words, designs, graphics or security measures on the plaque including the minimum identifying characteristics listed in subdivision (e) of this section;

(2)a sample plaque of each denomination to be used, manufactured in accordance with its approved design specifications, is made available to the commission for its inspection and written approval at the gaming facility; and

(3)a system of internal procedures and administrative and accounting controls governing the distribution, redemption, receipt and inventory of plaques, by serial number, is submitted and approved as part of the gaming facility’s system of internal control as set forth in section 5313.1 of this Title.

(b)The face of a square plaque shall have a surface area of no less than nine square inches. The face of a rectangular or elliptical plaque may not be smaller than three inches in length by two inches in width. In the case of an elliptical plaque, the length and width of the plaque shall be measured by its axes.

(c)A plaque issued by a gaming facility licensee shall be designed and manufactured with sufficient graphics or other security measures to prevent, to the greatest extent possible, the counterfeiting of the plaque.

(d)A gaming facility may issue and use plaques in denominations of $25,000, $50,000 and $100,000 and other denominations approved by the commission in writing. Plaques of a specific denomination used by a gaming facility shall be in a shape and of a size that is identical to the shape and size of all other plaques of that denomination issued by the gaming facility. The size and shape of each denomination of plaque issued by a gaming facility licensee shall be readily distinguishable from the size and shape of every other denomination of plaque issued by such gaming facility.

(e)Each plaque issued by a gaming facility shall contain identifying characteristics that appear at least once on each face of the plaque and are applied in a manner that ensures that each identifying characteristic is clearly visible and remains a permanent part of the plaque. These characteristics shall be visible to surveillance employees using such gaming facility licensee’s surveillance system and include, at a minimum:

(1)the denomination of the plaque, expressed in numbers of at least 3/8 inch in height;

(2)the name, logo or other approved identification of the gaming facility issuing the plaque; and

(3)a unique serial number.

(f)A gaming facility licensee may not issue, use or allow a patron to use in its gaming facility any plaque that it knows, or reasonably should know, is materially different from the sample of that plaque approved in accordance with subdivision (a) of this section.

9 NYCRR 5322.8 - Big wheels

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Wheel.

A mechanical wheel, circular in shape, with a diameter of less than five feet, the rim of the wheel shall be divided into 54 sections equally spaced sections with 23 containing a color, number or symbol indicating sixth prize, 15 sections containing a color, number or symbol indicating fifth prize, eight sections containing a color, number or symbol indicating fourth prize, four sections containing a color, number or symbol indicating third prize, two section containing a color number or symbol indicating second prize, and two sections containing a color, number or symbol indicating first. Each section shall be covered with glass, Plexiglas or a similar material.

(b)Wheel prize depictions shall be arranged clockwise around the rim of the wheel with the color, number or symbol indicating or corresponding to each prize in the following order: first prize, sixth prize, fifth prize, sixth prize, fourth prize, fifth prize, sixth prize, third prize, sixth prize, fourth prize, sixth prize, fifth prize, sixth prize, second prize, sixth prize, fifth prize, sixth prize, fourth prize, fifth prize, sixth prize, third prize, sixth prize, fifth prize, fourth prize, sixth prize, fifth prize, sixth prize, first prize, fifth prize, fourth prize, fifth prize, sixth prize, fifth prize, sixth prize, third prize, sixth prize, fourth prize, sixth prize, fifth prize, sixth prize, second prize, sixth prize, fifth prize, sixth prize, fourth prize, fifth prize, sixth prize, third prize, sixth prize, fifth prize, fourth prize, sixth prize, fifth prize and sixth prize.

(c)Spindles.

The equally spaced section of the wheel referenced in subdivision (a) of this section shall be separated by spindles constructed of stainless steel or such other rigid, inflexible substance.

(d)A stationary indicator constructed of leather, rubber, plastic or such other firm, pliable substance that shall be used to identify the section occupying the space between two immediately adjacent spindles as the winning section.

(e)Mirror.

A mirror shall be used as to enable the dealer to view the wheel and determine a winning section without have to turn away from the layout to do so.

9 NYCRR 5322.9 - Roulette; wheels, balls and readers

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Roulette wheel.

Each roulette wheel shall be of a single-zero variety or a double-zero variety as described in this paragraph:

(1)Each single-zero roulette wheel shall have 37 equally spaced compartments around the wheel where the roulette ball shall come to rest. The roulette wheel shall also have a ring of 37 equally spaced areas to correspond to the position of the compartments with one marked zero and colored green and the others marked 1 to 36 and colored alternately red and black, which numbers shall be arranged around the wheel as approved in writing by the commission. The color of each compartment shall either be a corresponding color to those depicted on the ring or a neutral color as approved by the commission in writing.

(2)Each double-zero roulette wheel shall have 38 equally spaced compartments around the wheel where the roulette ball shall come to rest. The roulette wheel shall also have a ring of 38 equally spaced areas to correspond to the position of the compartments with one marked zero and colored green, one marked double-zero and colored green, and the others marked 1 to 36 and colored alternately red and black, which numbers shall be arranged around the wheel as approved in writing by the commission. The color of each compartment shall either be a corresponding color to those depicted on the ring or a neutral color as approved by the commission in writing.

(3)A double-zero roulette wheel may be used as a single-zero roulette wheel, provided that:

(i)if a double-zero table layout is used, the “00” wager area on the layout is obscured with a cover or other approved device that clearly indicates that such a wager is not available; and

(ii)appropriate signage is posted at the roulette table to notify players that:

(a)a double-zero roulette wheel is being used as a single zero roulette wheel, and that double zero is not an available wager;

(b)if the roulette ball comes to rest in a compartment marked double zero, the spin will be declared void and the wheel and ball will be re-spun; and

(c)wagers on red, black, odd, even, 1 to 18 and 19 to 36 shall be lost if the roulette ball comes to rest in a compartment marked zero.

(b)Roulette ball.

The ball used in gaming at roulette shall be made completely of a non-metallic substance and not be less than 12/16 of an inch nor more than 14/16 of an inch in diameter unless otherwise approved by the commission in writing.

(c)Optical roulette readers.

Optical roulette readers that read the winning number and transmit it to the table terminal and to the roulette display are permitted provided that each device is tested and approved as required by Part 5318 of this Title.

9 NYCRR 5322.10 - Manual or automated shakers

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)All shakers shall be tested and approved as required by Part 5318 of this Title.

(b)Manual and automated shakers that have not been filled with dice may be stored in a locked compartment in a pit stand. An automated shaker that has been filled with dice shall be secured to the table at all times.

(c)At the end of each gaming day, the gaming facility shall inspect all manual or automated shakers that have been placed in use for gaming for evidence of tampering. Evidence of tampering discovered at this time shall be reported immediately to the on-site commission staff. Each such report shall include, at a minimum:

(1)the date and time when the tampering was discovered;

(2)the name and signature of the person discovering the tampering;

(3)the table number where the manual or automated shaker was used; and

(4)the name and signature of the employee assigned to operate directly the table and the supervisor assigned to the table.

9 NYCRR 5322.11 - Dice; physical characteristics

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Except as otherwise provided in this section, each die used in a game authorized by the commission shall:

(1)be formed in the shape of a perfect cube and of a size no smaller than 0.750 inch on each side or any larger than 0.775 inch on each side;

(2)be transparent and made exclusively of cellulose except for the spots or name of the gaming facility and serial numbers or letters contained thereon;

(3)have the surface of each of its sides perfectly flat and the spots contained in each side perfectly flush with the area surrounding the spots;

(4)have all edges and corners perfectly square and forming perfect 90 degree angles;

(5)have the texture and finish of each side exactly identical to the texture and finish of all other sides;

(6)have its weight equally distributed throughout the cube and no side of the cube heavier or lighter than any other side of the cube;

(7)have its six sides bearing circular spots from one to six respectively, with the diameter of each spot equal to the diameter of every other spot on the die;

(8)have spots arranged so that the side containing one spot is directly opposite the side containing six spots, the side containing two spots is directly opposite the side containing five spots and the side containing three spots is directly opposite the side containing four spots. Each spot shall be placed on the die by drilling into the surface of the cube and filling the drilled out portion with a compound that is equal in weight to the weight of the cellulose drilled out, and that forms a permanent bond with the cellulose cube and shall extend into the cube exactly the same distance as every other spot extends into the cube to an accuracy tolerance of 0.0004 inch; and

(9)have the name, logo or other approved identification of the gaming facility imprinted or impressed thereon.

(b)Each die used in the authorized game of pai gow poker shall comply with the requirements of subdivision (a) of this section except as follows:

(1)each die shall be formed in the shape of a perfect cube and of a size no smaller than 0.637 inch on each side or any larger than 0.643 inch on each side; and

(2)the spots on each die do not have to be equal in diameter.

9 NYCRR 5322.12 - Pai gow tiles; physical characteristics

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Pai gow shall be played with a set of 32 rectangular blocks to be known as tiles. Each tile in a set shall be identical in size and shading to every other tile in the set.

(b)Each tile used in gaming at pai gow shall:

(1)be made of a non-transparent black material, formed in the shape of a rectangle, and be of a size no smaller than 2.5 inch in length, one inch in width and 0.375 inch in thickness;

(2)have the surface of each of its sides perfectly flat, except that the front side of each tile shall contain spots that shall extend into the tile exactly the same distance as every other spot;

(3)have on the front of each tile an identifying feature unique to the gaming facility;

(4)have the texture and finish of each side, with the exception of the front side, exactly identical to the texture and finish of all other sides;

(5)have the back and sides of each tile within a set be identical and no tile within a set shall contain any marking, symbol or design that will enable a person to know the identity of any element on the front side of the tile or that will distinguish any tile from any other tile within a set; and

(6)have identifying spots on the front of the tiles that are either red or white or both.

(c)Each set of tiles shall be packaged separately and shall be sealed completely in such a manner so that any tampering shall be evident.

9 NYCRR 5322.13 - Dice; pai gow tiles; receipts, storage, inspections, removal from use, destruction

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)When dice and pai gow tiles for use in the gaming facility are received from the manufacturer or distributor thereof, such dice and pai gow tiles shall, immediately following receipt, be inspected to assure that the seals on each box are intact, unbroken and free from tampering. Boxes that are not intact, or on which the seals are broken, shall be inspected at that time to assure that the dice and pai gow tiles within conform to regulation standards and are completely in a condition to assure fair play. Boxes satisfying these criteria, together with boxes having unbroken, intact and untampered seals, shall then be placed for storage in a locked cabinet in the cashier’s cage or within a primary or secondary dice or pai gow tile storage area. Dice and pai gow tiles that are to be distributed to gaming table pits or tables for use in gaming shall be distributed from a locked cabinet in the cashier’s cage or from a secure primary dice or pai gow tile storage area, the location and physical characteristics of which shall be approved in writing by the commission. Secondary dice and pai gow tile storage areas may be used for the storage of surplus dice and pai gow tiles if approved in writing by the commission. Dice and pai gow tiles maintained in secondary dice and pai gow tiles storage areas shall not be distributed to gaming table pits or gaming tables for use in gaming until such dice and pai gow tiles have been moved to a primary dice and pai gow tiles storage area. All secondary dice and pai gow tiles storage areas shall be located in secure areas, the location and physical characteristics of which shall be approved in writing by the commission.

(b)All envelopes, bags and containers used in this section for dice and pai gow tiles at a pit stand or in a primary dice and pai gow tiles storage area shall be transparent. The envelopes, bags or containers and the method used to seal them shall be designed or constructed so that any tampering shall be evident. The envelopes, bags or containers and their seals shall be approved in writing by the commission.

(c)All dice and pai gow tiles shall be inspected and distributed to gaming tables in accordance with the gaming facility’s system of internal controls as set forth in section 5313.1 of this Title.

(d)The gaming facility shall remove any dice and pai gow tiles:

(1)at any time of the gaming day if there is any indication of tampering, flaws or other defects that might affect the integrity or fairness of the game; or

(2)at the request of the commission.

(e)At the end of each gaming day or at such other times as may be necessary, a gaming facility shall inspect visually each die and pai gow tiles for evidence of tampering. Such evidence discovered at such time or at any other time shall be reported immediately to the commission.

(1)Any dice and pai gow tiles showing evidence of tampering shall be placed in a clear sealed envelope, bag or container.

(i)A label shall be attached to each envelope, bag or container that shall identify the table number, date and time and shall be signed by:

(a)an employee assigned to directly operate and conduct the game at that table; and

(b)the supervisor assigned the responsibility for supervising the operation and conduct of such game.

(ii)The employees responsible for delivering such dice to the commission also shall sign the label.

(iii)The onsite commission staff receiving such dice and pai gow tiles shall sign the label and retain such dice and pai gow tiles and the original label at the commission office. Duplicate copies shall be returned to the pit and maintained in a locked compartment in the pit.

(2)All other dice and pai gow tiles shall be put into clear envelopes, bags or containers at such time.

(i)A label shall be attached to each clear envelope, bag or container that shall identify the table number, date and time and shall be signed by the appropriate employees identified in subparagraph (1)(i) of this subdivision.

(ii)The clear envelope, bag or container shall be sealed appropriately and maintained in a locked compartment in the pit stand until collection.

(f)All extra dice and pai gow tiles in dice and pai gow tile reserve that are to be destroyed or canceled shall be placed in a sealed clear envelope, bag or container, with a label attached to each clear envelope, bag or container that identifies the date and time and is signed by gaming facility management.

(g)Notwithstanding subdivision (f) of this section, a gaming facility licensee may reconstruct tile sets with prior written approval from the commission.

(h)At the end of each gaming day or, in the alternative, at least once each gaming day at the same time each day, as designated by the gaming facility and approved in writing by the commission, and at such other times as may be necessary, all envelopes, bags or containers of used dice and pai gow tiles and any dice and pai gow tiles in dice and pai gow tile reserve that are to be destroyed or canceled shall be collected and transported to the dice and pai gow tiles destruction area for cancellation or destruction. The employees involved shall record their signatures. No dice and pai gow tiles that have been placed in use in gaming shall remain on a table for more than 24 hours.

(i)At the end of each gaming day or, in the alternative, at least once each gaming day at the same time each day, as designated by a gaming facility and approved in writing by the commission, and at such other times as may be necessary, gaming facility management may collect all extra dice and pai gow tiles in dice and pai gow tile reserve. These dice and pai gow tiles shall be inspected or re-inspected in accordance to the gaming facility’s system of internal controls prior to their use in gaming.

(j)A gaming facility shall control dice and pai gow tiles inventory through documentation, which at a minimum shall include the following information:

(1)the total number on hand;

(2)the total number removed from storage;

(3)the total number returned to storage or received from the manufacturer;

(4)the date of each transaction; and

(5)the name and signatures of the supervisor and the security department representative.

Table games management at a gaming facility shall perform a reconciliation on a daily basis of total number of the dice and pai gow tiles distributed, the dice and pai gow tiles destroyed and canceled, the dice and pai gow tiles returned to the primary dice and pai gow tiles storage area and, if any, the dice and pai gow tiles in dice and pai gow tiles reserve. Staff of the accounting or internal audit departments of a gaming facility shall conduct, at least once every three months, a physical inventory of the dice and pai gow tiles. Such inventory shall be verified to the total number of dice and pai gow tiles on hand. Any discrepancies shall be reported immediately to the commission.

(k)All destruction and cancellation of dice and pai gow tiles, other than those retained for commission inspections or in the custody of the commission, shall be completed within 48 hours of collection.

(1)Cancellation shall occur by drilling a circular hole of at least ¼ inch in diameter through the center of each die.

(2)Destruction shall occur by shredding or any other form of destruction as approved in writing by the commission.

(3)The destruction and cancellation of dice and pai gow tiles shall take place in a secure dice and pai gow tile cancellation and destruction area, the location of which shall be approved in writing by the commission.

(4)The gaming facility shall maintain a log, which the commission may inspect from time to time, of all destroyed and cancelled dice and pai gow tiles under this subdivision.

9 NYCRR 5322.14 - Playing cards; physical characteristics

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Cards used to play at any table game authorized by the commission shall be in decks of 52 cards with each card identical in size and shape to every other card in such deck or decks of cards. Notwithstanding the foregoing, decks used to play pai gow poker and other games as approved by the commission shall include one or two additional cards known as a joker, the backs of which shall be identical in color, design, size and shape to every other card in such deck.

(b)Each deck shall comprise four suits: diamonds, spades, clubs and hearts.

(c)Each suit shall comprise 13 cards: ace, king, queen, jack, 10, nine, eight, seven, six, five, four, three and two. The face of the ace, king, queen, jack and 10 value cards may contain an additional marking, as approved in writing by the commission, which will permit a dealer, prior to exposing his or her hole card at the game of blackjack, to determine the value of that hole card.

(d)The backs of each card in the deck shall be identical and no card shall contain any marking, symbol or design that will enable a person to know the identity of any element printed on the face of the card, or that will in any way differentiate the back of that card from the back of any other card in the deck.

(e)The backs of all cards in the deck shall be designed and manufactured so as to diminish, as far as possible, the ability of any person to place concealed markings thereon.

(f)The design to be placed on the backs of cards used by a gaming facility shall contain the name, logo or other approved identification of such gaming facility and shall be submitted to the commission for written approval prior to use of such cards at a gaming table.

(g)Each deck of cards shall be packaged separately, shall contain a seal affixed to the opening of such package and shall be sealed securely in a cellophane or other such similar transparent, tamper-resistant covering.

(h)Nothing in this section shall prohibit a manufacturer from manufacturing decks of cards with one or more jokers contained therein; provided, however, that such jokers shall not be used by a gaming facility in the play of any game other than pai gow poker or other games approved by commission that require the use of a joker or jokers.

9 NYCRR 5322.15 - Playing cards; receipts, storage and removal from use

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)When decks of cards are received for use in the gaming facility from the manufacturer or distributor thereof, such decks shall be placed in a secured storage area approved by the commission.

(b)Immediately prior to the commencement of each gaming day and at other times as may be necessary, table games management, in the presence of the on-site commission staff, shall remove the appropriate number of decks of cards for that gaming day from a secured storage area approved by the commission.

(c)All decks, prior to their use at a gaming table, shall be inspected by the dealer and with such inspection verified by a supervisor. Card inspection at a gaming table shall require each deck to be used at that table to be sorted into new deck sequence, by suit, to assure that all cards are in the deck. The dealer also shall check the back of each card to assure that such card is the same color as the other cards in the deck and is not flawed, scratched or marked in any way.

(1)If, after checking the cards, the dealer finds that a card is unsuitable for use, a supervisor immediately shall notify the commission and replace the deck with a new one from the pit stand.

(2)An unsuitable deck shall be placed in a clear sealed envelope, bag or container, identified by table number, date and time and shall be signed by the dealer and supervisor assigned to that table. The supervisor shall either maintain the envelope, bag or container in a secure locked compartment within the pit stand until collection or shall turn the sealed envelope, bag or container over to the on-site commission staff if so directed.

(d)All envelopes, bags and containers used to hold or transport cards collected shall be transparent. The envelopes, bags or containers and the method used to seal them shall be designed and constructed so that any tampering shall be evident. The envelopes, bags or containers and seals shall be approved in writing by the commission.

(e)Any decks that have been opened and placed on a gaming table for use in a multi-deck dealing shoe shall be changed at least every 24 hours. In addition, cards opened for use:

(1)at any card game authorized by the commission that permits players to handle the cards and that are dealt from a dealing shoe shall be changed at least every four hours; and

(2)at any card game authorized by the commission that permits players to handle the cards and that are dealt from the dealer’s hand shall be changed at least every four hours.

(f)A dealer shall replace cards damaged during the course of play by requesting a supervisor to replace the card or cards with a new card or cards from a locked compartment in the pit stand. Damaged cards shall be placed in a clear sealed envelope or bag identified by table number, date and time and shall be signed by the dealer and the employee who brought the replacement card to the table. The supervisor shall maintain the envelopes, bags or containers in a locked compartment within the pit stand and notify the on-site commission staff for inspection.

(g)At the end of each gaming day or, in the alternative, at least once each gaming day at the same time each day, as designated by the gaming facility and approved in writing by the commission, and at such other times as may be necessary or if so directed by the on-site commission staff, a supervisor shall collect all used decks. Such decks shall be placed in a clear sealed envelope, bag or container. A label shall be attached to each envelope, bag or container that shall identify the table number, date and time and shall be signed by the dealer and supervisor assigned to the table. The supervisor shall maintain the envelopes, bags or containers in a locked compartment within the pit stand until collection.

(h)The gaming facility shall remove any decks:

(1)at any time during the day if there is any indication of tampering, flaws, scratches, marks or other defects to a card or cards that might affect the integrity or fairness of the game; or

(2)at the direction of the commission.

(i)All extra decks in card reserve with broken seals shall be placed in a clear sealed envelope, bag or container, with a label attached to each envelope or container identifying the date and time, that is signed by management of the gaming facility.

(j)At the end of each gaming day or, in the alternative, at least once each gaming day at the same time each day, as designated by each gaming facility and approved in writing by the commission, and at such other times as may be necessary, all envelopes, bags or containers with damaged cards, cards used during the gaming day and all extra decks in card reserve with broken outer wrappings or seals shall be collected and delivered to the card cancellation and destruction area approved by the commission. All employees involved shall record their signatures.

(k)At the end of each gaming day or, in the alternative, at least once each gaming day at the same time each day, as designated by the gaming facility and approved in writing by the commission, and at such other times as may be necessary, gaming facility management may collect all extra decks held in card reserve in a locked compartment in the pit stand. If collected, all sealed decks shall either be transported to the approved card cancellation and destruction area or returned to the secured storage area approved by the commission.

(l)When the envelopes, bags or containers of used cards and reserve cards with broken outer wrappings or seals are transported to the approved card cancellation and destruction area, such cards shall be inspected for tampering, marks, alterations, missing or additional cards or anything that might indicate unfair play, prior to cancellation or destruction.

(1)For playing cards used at gaming tables in which the players handle the cards, the gaming facility shall cause to be inspected either:

(i)all decks used during the day; or

(ii)a sample of decks selected at random or in accordance with an approved stratification plan, provided that the procedures for selecting the sample size and for assuring a proper selection of the sample are submitted to and approved in writing by the commission. Such sample shall be collected, stored and inspected separately from the sample required by subparagraph (2)(ii) of this subdivision and shall not be commingled with any cards from such sample.

(2)For playing cards used in baccarat, mini-baccarat or midi-baccarat, a gaming facility shall cause to be inspected either:

(i)all decks used during the day; or

(ii)a sample of decks selected at random or in accordance with an approved stratification plan, provided that the procedures for selecting the sample size and for assuring a proper selection of the sample are submitted to and approved in writing by the commission. This sample shall be collected, stored and inspected separately from the sample required by subparagraph (1)(ii) of this subdivision and shall not be commingled with any cards from such sample.

(3)A gaming facility also shall inspect:

(i)any cards that the commission requests the gaming facility to remove for the purpose of inspection;

(ii)any cards the gaming facility removed for indication of tampering; and

(iii)all cards used at games that permit players to handle cards.

(4)The procedures for inspecting all decks required to be inspected under this subdivision shall, at a minimum, include:

(i)the sorting of the cards sequentially by suit into new deck order;

(ii)the inspection of the backs with an ultraviolet light;

(iii)the inspection of the sides of the cards for crimps, bends, cuts and shaving;

(iv)the inspection of the front and back of all plastic cards for consistent shading and coloring; and

(v)any other test required by the commission.

(5)Each gaming facility shall develop internal control procedures for returning the repackaged cards to the secured storage area approved by the commission. Repackaged cards shall be collected by a supervisor and returned to the pit stand.

(6)The employee performing a card inspection shall detail the procedures performed and list the tables from which the cards were removed and the results of the inspection. The employee performing such inspection shall record his or her signature upon completion of the inspection procedures.

(7)Each gaming facility shall submit the training procedures for those employees performing the inspection, which shall be approved in writing by the commission.

(8)Evidence of tampering, marks, alterations, missing or additional cards or anything that might indicate unfair play discovered at this time, or at any other time, shall be reported immediately to the commission. Such report shall accompany the cards when delivered to the commission. The cards involved shall be retained for investigation by the commission. The commission representative receiving the cards shall record his or her signature and secure and retain the original cards. The gaming facility shall retain an additional copy of such report.

(m)Each gaming facility shall control the card inventory through documentation, which at a minimum shall include the following:

(1)the total number of decks of cards on hand;

(2)the total number of decks of cards removed from storage;

(3)the total number of decks of cards returned to storage or received from the manufacturer;

(4)the date of each transaction;

(5)the name and signatures of the employees involved;

(6)a reconciliation by gaming facility management on a daily basis of the total number of decks of cards distributed, the total number of decks of cards destroyed and canceled, the total number of decks of cards returned to the secured storage area or areas approved by the commission and, if any, the total number of decks of cards in card reserve; and

(7)a physical inventory of the cards at least once every three months by the accounting or internal audit departments. Such inventory shall be verified to the total number of decks of cards on hand. Any discrepancies shall be reported immediately to the commission.

(n)Where decks of cards in an envelope, bag or container are inspected and found to be without any indication of tampering marks, alterations, missing or additional cards or anything that might indicate unfair play, those cards, shall, within 48 hours of collection, be destroyed or canceled. All decks of cards released by the commission immediately shall be destroyed or canceled as set forth in section 5322.10(j) of this Part.

(o)Destruction and cancellation of cards shall take place in a secure place, the location of which shall be approved in writing by the commission. The adequacy of the destruction and cancellation process shall be approved in writing by the commission.

(1)Destruction of cards shall be by shredding by the security department or a vendor approved in writing by the commission.

(2)Cancellation of cards shall be by drilling a circular hole of at least one-fourth of an inch in diameter through the center of each card in the deck or another method approved in writing by the commission.

(3)The gaming facility shall maintain a log, which the commission may inspect from time to time, of all destroyed or cancelled cards under this subdivision.

9 NYCRR 5322.16 - Pre-shuffled and pre-inspected playing cards

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)The gaming facility may elect to pre-inspect and pre-shuffle cards prior to the delivery of the cards to an open gaming table or use a licensed manufacturer to supply pre-shuffled and pre-inspected cards.

(b)If the gaming facility elects to pre-inspect and pre-shuffle cards, the process shall occur at a closed gaming table or another location approved in writing by the commission and shall be performed by a dealer and verified by a supervisor with no concurrent supervisory responsibility for open gaming tables. A gaming facility’s surveillance department shall record the procedures required by paragraphs (1) through (4) of this subdivision and such gaming facility shall retain each such recording as required in this section.

(1)Upon receipt of the decks, the dealer shall perform the procedures in paragraphs (2) through (4) of this subdivision independently for each batch of cards that will be sealed in a container, with the number of decks of cards in each batch being equal to the number of decks of cards required for the table game, in which such decks are intended to be used.

(2)The dealer shall inspect visually the back of each card to assure that such card is not flawed, scratched or marked in any way that might compromise the integrity or fairness of the game.

(3)The dealer shall then shuffle the cards, manually or using an approved automated shuffling device in a manner permitted by the applicable rules governing the table game at which the cards will be used.

(4)To ensure that there are no missing or extra cards, the dealer shall inspect the cards using a machine approved in writing by the commission. The machine shall issue a receipt that shall, at a minimum, include:

(i)the manufacturer, model and serial number of the card inspection machine;

(ii)the name or identification number of the dealer who operated the machine;

(iii)the location at which the inspection was performed;

(iv)the date and time of the inspection;

(v)the manufacturer and type of cards, the number of decks and the table game for which the cards are inspected;

(vi)the result of the inspection and, if failed, the identification of any missing or extra card or cards; and

(vii)the number of the seal to be used on the clear container in which the cards will be placed pursuant to paragraph (7) of this subdivision.

(5)If an inspection fails, the gaming facility licensee shall follow the procedures as set forth in section 5322.15 of this Part.

(6)Upon completion of the pre-inspection and pre-shuffling of the cards in the batch, the dealer and supervisor shall sign the receipt certifying that the cards were pre-inspected and pre-shuffled in accordance with this section.

(7)For each batch of pre-inspected and pre-shuffled cards, the dealer shall place the cards together with the receipt required in paragraph (4) of this subdivision in a clear container that is designed or constructed so that any tampering shall be evident. The container shall be sealed with a pre-number label unique to such container. Procedure for the maintenance and security of used seals, and the distribution, return and reconciliation of seals used on containers holding pre-inspected and pre-shuffled cards shall be detailed in each gaming facility’s system of internal controls as set forth in section 5313.1 of this Title.

(8)The sealed containers of cards shall be transported by a supervisor or a security officer in the pit stand or a secured storage area approved by the commission where such cards shall be placed back into card inventory and segregated from cards that have not been pre-inspected and pre-shuffled. A record of the transport of the sealed containers of cards to the secured storage area approved by the commission shall be maintained. When cards are needed for play, each container of cards shall be delivered by a supervisor to an open gaming table. Upon delivery, the supervisor shall unseal the container and place the decks of cards on the gaming table in front of the dealer. The supervisor shall record on the receipt contained with the container, the date, time and shift that the container was opened and the pit and table number where cards are to be used. Once such information has been recorded, the supervisor shall sign the receipt and retain the receipt and container at the gaming table.

(c)If the gaming facility elects to use a licensed manufacturer to supply pre-inspected and pre-shuffled cards, the manufacturer shall:

(1)obtain approval in writing from the commission for the automated shuffling device or automated process used to pre-shuffle cards; and

(2)implement a process for shuffling and packaging card that shall, at a minimum, include:

(i)visual inspection of the back of each card to assure that such card is not flawed, scratched or marked in any way that might compromise the integrity or fairness of the game;

(ii)verification that each package of cards contains the correct number and is constituted in accordance with the specific rules of the game in which such cards are intended to be used; and

(iii)insertion of the cards in a package with a tamper-proof seal or seals that bear or bears a conspicuous indication if the package has been opened. The exterior of the package shall indicate:

(a)the total number of decks contained within the package; and

(b)the game or games in which the cards are intended to be used;

(iv)generation by the automated shuffling device in use or automated process, of a receipt to be inserted in the sealed package or affixed to the exterior thereof that shall include the following information:

(a)the total number of cards and decks contained with the package;

(b)the date and time the cards were shuffled and verified;

(c)identification of the manufacturer’s employee who performed the process in this subparagraph or the identification of the specific equipment that performed the process in such a manner that a responsible employee can be identified; and

(d)the manufacturer, model and serial number of the device used to shuffle the cards or the identity of the specific automated process or equipment used to shuffle the cards.

(d)Cards inspected and shuffled in accordance with subdivision (c) of this section shall be delivered to an open gaming table in the manufacturer’s sealed packaging. Prior to using the cards at a gaming table, a supervisor shall inspect such package for evidence of tampering. If there is evidence of tampering, all cards in the package shall not be used and the gaming facility shall follow procedures set forth in section 5322.15 of this Part.

(e)Upon opening the package in accordance with subdivision (c) of this section, the supervisor shall record on the receipt contained within the package, the date and time that the package was opened and the pit and table number where cards are to be used. Once the information has been recorded, the supervisor shall sign the receipt, place the cards on the table in front of the dealer and retain the receipt and original package at the gaming table.

(f)For all pre-inspected and pre-shuffled cards, upon the initial use and patron request the dealer shall perform a wash and a strip shuffle or riffle shuffle of the cards and then cut the cards in the manner prescribed by the rules governing the particular table game.

(g)Upon removal from a gaming table, pre-inspected and pre-shuffled cards shall be placed in the original container or package, as applicable, in which such cards were delivered to the table, together with the receipt, and returned for inspection as needed.

(h)The commission may, at any time, require the gaming facility to provide any container or package of pre-inspected and pre-shuffled cards.

9 NYCRR 5322.17 - Card readers

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)All card readers must be tested and approved as required by Part 5318 of this Title.

(b)Card readers may be used provided that a supervisor inspects each device at the beginning of the gaming day.

9 NYCRR 5322.18 - Hand deals; dealing shoes; automated dealing devices

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Unless otherwise permitted in Part 5324 of this Title, a gaming facility licensee shall not authorize hand deals pursuant to Racing, Pari-Mutuel Wagering and Breeding Law section 1335(11).

(b)Dealing shoes shall be secured to gaming tables when the tables are open for gaming activity and secured in locked compartments when the tables are not open for gaming activity.

(c)Each dealing shoe shall be designed and constructed with such features as the commission may require to maintain the integrity of the gaming table at which such shoe is used. Such features shall include, at a minimum, the following:

(1)at least the first four inches of the base plate shall be white;

(2)the sides of the shoe below the base plate shall be transparent or have a transparent sealed cutout, unless the dealing shoe is otherwise constructed to prevent any object from being placed into, or removed from, the portion of the dealing shoe below the base plate and to permit the inspection of this portion of the shoe; and

(3)a stop underneath the top of the face plate shall preclude the next card to be dealt from being moved upwards for more than 1/8 inch distance.

(d)A baccarat dealing shoe, in addition to meeting the requirements of paragraphs (c)(1)-(3) of this section, shall also adhere to the following specifications:

(1)a removable lid shall be opaque from the point where it meets the face plate, to a point at least four inches from the face plate;

(2)the sides and back of the dealing shoe above the base plate shall be opaque; and

(3)a device within the shoe shall, when engaged, prevent the cards from moving backward in the shoe.

(e)A dealing shoe, in addition to meeting the requirements of subdivision (c) of this section, may, at the discretion of the gaming facility, also contain a device approved in writing by the commission mounted on the front of the face plate so as to preclude the players from viewing the next card to be dealt.

(f)All dealing shoes in the gaming facility shall be inspected at the beginning of each gaming day by a supervisor assigned to the table prior to cards being placed in such shoes and devices. The purpose of such inspection shall be to assure that there has been no tampering with the dealing shoe or automated shuffling device that contains no playing cards, and that the automated card shuffling device dispenses the correct number of cards, if so designed.

(g)For table games at which a dealing shoe is used, the shoe shall be located on the side of the table to the left of the dealer, and the discard rack shall be located on the side of the table to the right of the dealer.

(h)Automated dealing devices are permitted provided they are tested and approved as required by Part 5318 of this Title.

9 NYCRR 5322.19 - Automated card shuffling devices

Source version current through Nov 15, 2021

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-28-16-00008-A · Adopted rule
Related notice published: Sep 21, 2016
Related notice effective date: Sep 21, 2016

(a)Automated card shuffling devices may be used to shuffle and dispense at all card games authorized by the commission in addition to a dealing shoe, provided that:

(1)the automated card shuffling device has been tested and approved as required by Part 5318 of this Title;

(2)the procedures for using such device for shuffling, dispensing and dealing the cards are approved in writing by the commission; and

(3)the internal control procedures ensuring the security of an automated card shuffling device are approved in writing by the commission.

(b)For table games at which an automated card shuffling device is used, the location of the automated card shuffling device shall be approved by the commission in writing, and the discard rack shall be on the side of the gaming table opposite such device.

(c)Unless authorized by the commission, automated card shuffling devices require locking covers.

(d)Unless authorized by the commission, a gaming facility licensee may not use a continuous shuffling device.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.