9 NYCRR Part 5325 - 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 5325.1 - Purpose, scope and applicability

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-12-16-00002-A · Adopted rule
Related notice published: Jun 8, 2016
Related notice effective date: Jun 8, 2016

The purpose of this Part is to establish standards, criteria and procedures by which the commission and gaming facility licensees maximize the effectiveness of a problem gambling prevention and outreach program established pursuant to section 5325.2 of this Part for individuals, families and communities, as well as promote best responsible gaming practices in all aspects of gaming facility activities and use principles of responsible gaming in introducing new and emerging technologies.

9 NYCRR 5325.2 - Problem gambling plan

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-22-20-00009-A · Adopted rule
Related notice published: Oct 7, 2020
Related notice effective date: Oct 7, 2020

(a)At least 90 days prior to projected issuance of an operation certificate, a gaming facility licensee shall submit for commission review and approval a problem gambling plan.

(b)A problem gambling plan shall include the following:

(1)the goals of the plan, including procedures and timetables to implement the plan;

(2)identification of the individual who will be responsible for implementation and maintenance of the plan;

(3)policies and procedures that clearly illustrate:

(i)the commitment of the gaming facility licensee to train appropriate employees;

(ii)the duties and responsibilities of the employees designated to implement or participate in the problem gambling plan;

(iii)procedures for compliance with the self-exclusion program set forth in Part 5402 of this Title;

(iv)procedures to identify patrons and employees exhibiting suspected or known problem gambling behavior;

(v)procedures to limit or prevent loyalty and other rewards and marketing programs for patrons exhibiting suspected or known problem gambling behavior;

(vi)procedures for providing information to individuals and responding to patron/employee requests for information in regard to the self-exclusion program and any community, public and private treatment services, gamblers anonymous programs and similar treatment or addiction therapy programs designed to prevent, treat or monitor problem gamblers and to counsel family members;

(vii)the provision of printed material to educate patrons and employees about problem gambling and to inform them about the self-exclusion program set forth in Part 5402 of this Title and treatment services available to problem gamblers and their families. The gaming facility licensee shall provide examples of the materials to be used as part of its problem gambling plan, including brochures and other printed material and a description of how the material will be disseminated;

(viii)advertising and other marketing and outreach to educate the general public about problem gambling and the self-exclusion program set forth in Part 5402 of this Title;

(ix)an employee training program as set forth in section 5325.3 of this Part, including sample training materials to be used and a plan for periodic reinforcement training and a certification process established by the gaming facility applicant to verify that each employee has completed the training required by the plan;

(x)procedures to prevent underage gambling;

(xi)procedures to prevent patrons impaired by drugs or alcohol, or both, from ambling; and

(xii)a signage plan containing information on gambling treatment and on the self-exclusion program set forth in Part 5402 of this Title. The gaming facility licensee shall provide examples of the language and graphics to be used on the signs as part of the problem gambling plan. Additionally, the signage plan shall include posting of signs on appropriate languages other than English, depending upon the patron demographics in a facility;

(4)a list of community, public and private treatment services, gamblers anonymous programs and similar treatment therapy programs designed to prevent, treat, or monitor problem gamblers and to counsel family members and procedures for making such list available upon request; and

(5)any other information, documents and policies and procedures as the commission may request.

(c)Each gaming facility licensee shall submit to the commission for review and approval any amendments to such gaming facility licensee’s problem gambling plan at least 30 days prior to the intended implementation of such amendment. The gaming facility licensee may implement a proposed amendment on the 30th calendar day following the filing of such amendment with the commission, unless the commission provides notice pursuant to subdivision (d) of this section objecting to such amendment.

(d)If during the 30-day review period the commission determines that any amendment is inconsistent with the intent of this Part, the commission shall, by delivering written notice to the gaming facility licensee, object to such amendment. Such objection notice shall:

(1)specify the nature of the objection and, when possible, an acceptable alternative; and

(2)direct that such amendment not be implemented.

(e)When an amendment has been objected to pursuant to subdivision (d) of this section, the gaming facility licensee may submit a revised amendment for review pursuant to subdivision (c) of this section.

9 NYCRR 5325.3 - Employee training program

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-22-20-00009-A · Adopted rule
Related notice published: Oct 7, 2020
Related notice effective date: Oct 7, 2020

(a)The employee training program required pursuant to section 5325.2(b)(3)(viii) of this Part shall include instruction in the following:

(1)characteristics and symptoms of problem gambling behavior;

(2)the relationship of problem gambling to other addictive behavior;

(3)techniques to be used when problem gambling is suspected or identified;

(4)techniques to be used to discuss problem gambling with patrons and advise patrons in regard to community, public and private treatment services;

(5)procedures designed to prevent serving alcohol to visibly intoxicated patrons;

(6)procedures designed to prevent persons from gambling after having been determined to be visibly intoxicated;

(7)procedures for the dissemination of written materials to patrons explaining the self-exclusion program as set forth in Part 5402 of this Title;

(8)procedures for removing an excluded person, as defined in section 5300.1 of this Title, an underage individual or a person on the self-exclusion list from a gaming facility, including, if necessary, procedures that include obtaining the assistance of appropriate law enforcement personnel;

(9)procedures to prevent an excluded person or a person on the self-exclusion list from being mailed any advertisement, promotion or other target mailing as soon as practicable after receiving notice from the commission that the person has been placed on the excluded person or self-exclusion list;

(10)procedures to prevent an individual under 21 years of age from receiving any advertisement, promotion or other target mailing;

(11)procedures to prevent an excluded person, an individual under 21 years of age or a person on the self-exclusion list from directly accessing or receiving complimentary services, or other like benefits; and

(12)procedures to prevent an excluded person, an individual under 21 years of age or a person on the self-exclusion list from cashing checks or vouchers that require ID on gaming facility premises.

(b)Training and training materials shall be reviewed annually to be updated, if applicable, to include new or revised information on responsible and problem gambling or empirical research.

(c)Training for employees shall be conducted by a person with specialized knowledge, skill, training and experience in responsible gaming training programs as part of the employee's orientation.

(d)Employees who have received training shall be acknowledged by the gaming facility licensee upon completion of training.

(e)Employees are required to receive periodic reinforcement training at no less than once every 12 months, starting with the year following the year in which the employee was hired. The gaming facility licensee shall retain a record of the date of the reinforcement trainings.

(f)Employees shall report suspected or identified problem gamblers to a designated casino key employee or other designated supervisory employee.

(g)Gaming facility licensees may collaborate with a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs to develop an in-house or Internet-based employee training program to provide the training and reinforcement training required under this Part.

9 NYCRR 5325.4 - Reports

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-12-16-00002-A · Adopted rule
Related notice published: Jun 8, 2016
Related notice effective date: Jun 8, 2016

(a)Each gaming facility licensee shall submit to the commission quarterly updates and an annual summary of its problem gambling plan and goals.

(b)The quarterly updates and annual summary must contain, at a minimum, detailed information in regard to:

(1)employee training, including the dates of live or internet-based new-hire and annual reinforcement problem gambling training, the individual or group who conducted the training, the number of employees who completed the new hire problem gambling training and the number of employees who completed the annual reinforcement problem gambling training;

(2)an estimated amount of printed materials provided to patrons in regard to problem gambling, the self-exclusion program, responsible gambling and available treatment services;

(3)the annual dollar amount spent on the problem gambling plan for employee training, printed materials and outreach including information on sponsorships, memberships and other problem-gambling-related expenditures; and

(4)additional information including:

(i)the number of underage individuals who were denied access to the gaming floor;

(ii)the number of self-excluded individuals who were discovered on the gaming floor at the gaming facility;

(iii)the number of signs within the gaming facility that contain the approved problem gambling statement and helpline number; and

(iv)a summary of any additional employee training, problem gambling related conferences or problem gambling awareness events conducted by the gaming facility licensee or in which employees of the gaming facility licensee participated.

9 NYCRR 5325.5 - Signage

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-12-16-00002-A · Adopted rule
Related notice published: Jun 8, 2016
Related notice effective date: Jun 8, 2016

Each gaming facility licensee shall post signs in a size as approved in writing by the commission that include the problem gambling assistance message as set forth in section 5325.6 of this Part at each of the following locations:

(a)within 50 feet of each entrance and exit of the gaming facility or at a distance otherwise approved in writing by the commission;

(b)above or below the cash-dispensing opening on all automated teller machines, automated gaming voucher and coupon redemption machines and other machines that dispense cash to patrons at the gaming facility;

(c)on all gaming devices;

(d)in all gaming facility employee break areas;

(e)in the player club location or locations;

(f)in or near cage areas; and

(g)in any other location, as the commission may require.

9 NYCRR 5325.6 - Advertising

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-47-18-00009-P · Proposed rule
Related notice published: Nov 21, 2018

(a)Advertisements used by a gaming facility licensee shall comply with Racing, Pari-Mutuel Wagering and Breeding Law section 1363 and with advertising guidelines issued by the National Council on Problem Gambling.

(b)Advertisements shall contain a problem gambling assistance message comparable to one of the following:

(1)if you or someone you know has a gambling problem, help is available. Call (877-8-HOPENY) or text HOPENY (467369);

(2)gambling problem? Call (877-8-HOPENY) or text HOPENY (467369); or

(3)any other message approved in writing by the commission.

(c)Unless otherwise approved in writing by the commission, the problem gambling assistance message shall meet the following requirements:

(1)for signs, direct mail marketing materials, posters and other print advertisements, the height of the font used for the problem gambling assistance message must be the greater of:

(i)the same size as the majority of the text used in the sign, direct mail marketing material, poster or other print advertisement; and

(ii)two percent of the height or width, whichever is greater, of the sign, direct mail marketing material, poster or other print advertisement;

(2)for billboards, the height of the font used for the problem gambling assistance message must be at least five percent of the height or width, whichever is greater, of the face of the billboard;

(3)for video and television, the problem gambling assistance message must be visible for either:

(i)the entire time the video or television advertisement is displayed, in which case the height of the font used for the problem gambling assistance message must be at least two percent of the height or width, whichever is greater, of the image that will be displayed; or

(ii)from the first time a table game, table game device, slot machine, associated equipment or gaming facility name is displayed or orally referenced, and on a dedicated screenshot visible for at least the last three seconds of the video or television advertisement. If the gaming facility licensee elects to use this option, the height of the font used for the problem gambling assistance message displayed:

(a)during the advertisement must be at least two percent of the height or width, whichever is greater, of the image that will be displayed; and

(b)on the dedicated screen shot must be at least eight percent of the height or width, whichever is greater, of the image that will be displayed;

(4)for websites, including social media sites and mobile phone applications:

(i)the problem gambling assistance message must be posted on each webpage or profile page and on any gaming-related advertisement posted on the webpage or profile page;

(ii)the height of the font used for the problem gambling assistance message must be at least the same size as the majority of the text used in the webpage or profile page; and

(iii)for advertisements posted on the webpage or profile page, the height of the font used for the problem gambling assistance message must comply with subparagraph (ii) of this paragraph.

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