New York regulations

Title 9 Part 5329

Executive Department

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9 NYCRR 5329.1 - Applicability and definitions

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(a)Applicability.

This Part applies to sports wagering conducted by a casino sports wagering licensee pursuant to Racing Pari-Mutuel Wagering and Breeding Law section 1367. For rules and regulations that apply to mobile sports wagering conducted through servers or other electronic equipment at casinos pursuant to Racing, Pari-Mutuel Wagering and Breeding Law sections 1367 and 1367-a, see Part 5330 of this Title, some sections of which may refer back to and incorporate certain provisions of this Part.

(b)Definitions.

Unless the context indicates otherwise, the following definitions and the definitions set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1367 are applicable throughout this Part:

(1)Authorized sports bettor means an individual who is physically present in a casino when placing a sports wager and who is not a prohibited sports bettor.
(2)Automated ticket machine means an electronic device that, at a minimum, is used for the execution of permitted sports wagers placed by an authorized sports bettor directly and permissible redemption of winning sports wagers within a sports wagering lounge or other location within the casino as approved by the commission.
(3)Casino sports wagering licensee means a casino licensed to operate sports pools pursuant to Racing, Pari-Mutuel Wagering and Breeding Law section 1367(2)(a), equivalent to the definition of operator set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(1)(n).
(4)Event number means a set of alphabetic and/or numeric characters that corresponds to a sports event or occurrence within a sports event.
(5)Oddsmaker means a person licensed as a casino key employee or as an employee of a sports pool vendor responsible for the final approval of all odds established on any sports wager made pursuant to Racing, Pari-Mutuel Wagering and Breeding Law section 1367 and this Part.
(6)Operations wagering manager means a person licensed as a casino key employee or as an employee of a sports pool vendor responsible for the operations of sports wagering at a casino.
(7)Parlay card means a physical instrument offering a multi-contest sports wager.
(8)Parlay card wager means a transaction on the outcome of a series of three or more sports events with a predetermined fixed payout.
(9)Prohibited sports bettor means any person whose participation may undermine the integrity of wagering on a sports event or the conduct of such sports event itself, or any person who is prohibited for other good cause, including, without limitation, the following, as prescribed by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(1) and this paragraph:
(i)any individual placing a sports wager as an agent or proxy;
(ii)any athlete whose performance may be used to determine, in whole or in part, the outcome of such wagering;
(iii)any person who is an athlete, player, coach, referee or other game official, physician, trainer, sports agent, owner or employee or independent contractor of a team, player union and umpire union personnel, or employee, official or independent contractor of a sports governing body if the sports wager is based on any sport or athletic event overseen by the individual's sports governing body;
(iv)any person with access to material, non-public confidential information about a sports event that is the subject of such wagering;
(v)a person identified to the commission by a sports governing body that the commission agrees is a person who should be a prohibited sports bettor;
(vi)any person who holds a position of authority or influence sufficient to exert influence over the participants in a sports event that is the subject of a sports wager, if such person is not otherwise described by this subdivision;
(vii)any principal, key employee or casino gaming employee of a casino and its affiliates, except as may be permitted by the commission;
(viii)any non-gaming employee at the casino that employs such person;
(ix)any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a casino sports wagering licensee if such person is directly involved in the operation or observation of sports wagering, or the processing of sports wagering claims or payments;
(x)any employee of a mobile sports wagering licensee, as defined in section 5330.1(b) of this Title, and its affiliates, except as may be permitted by the commission;
(xi)any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a mobile sports wagering licensee, as defined in section 5330.1(b) of this Title, if such person is directly involved in the operation or observation of mobile sports wagering, or the processing of mobile sports wagering claims or payments;
(xii)any person subject to a contract with the commission if such contract contains a provision prohibiting such person from participating in sports wagering;
(xiii)any spouse, child, sibling or parent residing in the principal place of abode of any of the foregoing persons at the same casino sports wagering licensee where the foregoing person is prohibited from participating in sports wagering;
(xiv)any officer or employee of the commission; and
(xv)any minor.
(10)Sports pool vendor means a licensed casino vendor enterprise, as defined in section 5307.1 of this Title, that operates on behalf of a casino or assists a casino in the operation of a sports pool.
(11)Structured wager means to place knowingly a series of sports wagers in any amount, at one or more facilities, on one or more days, in any manner, to circumvent knowingly the recording and reporting requirements of section 5329.22 of this Part. The sports wager or wagers need not exceed the dollar thresholds in section 5329.22 at any single facility in any single day in order to constitute structuring within the meaning of this definition.
(12)Suspicious wager means a sports wager that a casino sports wagering licensee knows or has reason to suspect is being attempted or was placed, including, without limitation:
(i)in violation of or as part of a plan to violate or evade local, State or Federal law or regulation prohibiting wagering on a type of sports event; or
(ii)in violation of or as part of a plan to violate or evade local, State or Federal law or regulation prohibiting wagering by, or on behalf of, a prohibited person, as defined in section 5329.19(b) of this Part; or
(iii)by a person who has no business or apparent lawful purpose in placing such wager or is not the sort of wager that a particular authorized sports bettor would normally be expected to place.
(13)Wagering cashier means an employee of casino sports wagering licensee or sports pool vendor who accepts wagers at a sports wagering lounge.
(14)Wagering platform means the combination of hardware, software and data networks used to manage, administer and control sports wagering.
(15)Wagering ticket means a physical record issued and maintained by the wagering platform that evidences a sports wager.

9 NYCRR 5329.2 - Casino sports wagering license application

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9 NYCRR 5329.3 - Term of casino sports wagering license and review

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(a)Term.

A casino sports wagering license shall remain valid for the period of the casino’s gaming facility license, unless a condition of such casino sports wagering license pursuant to section 5329.2(f)(2) of this Part establishes a shorter casino sports wagering license period.

(b)Review.

No later than three months before each five-year anniversary of the issuance of a casino sports wagering license, unless a condition of such casino sports wagering license pursuant to section 5329.2(f)(2) of this Part establishes a shorter time period, an operator shall submit to the commission the following information to enable the executive director of the commission to determine, pursuant to Racing, Pari-Mutuel Wagering and Breeding Law section 1367(2)(a), that such casino sports wagering licensee continues to meet the requirements of article 13 of the Racing Pari-Mutuel Wagering and Breeding Law and this Part:

(1)a list of each jurisdiction in which such casino sports wagering licensee or a sports pool vendor with which such casino sports wagering licensee has contracted, has been authorized within the prior five years to operate or assist in the operation of sports pools, including dates of authorized operation;
(2)all regulatory infractions, discipline or other sanctions that have been imposed on such casino sports wagering licensee or a sports pool vendor with which such casino sports wagering licensee has contracted, within the prior five years relating to gaming activity, including sports pools. The submission shall include a detailed description of the conduct involved and the nature of the sanction or discipline;
(3)whether the casino sports wagering licensee or sports pool vendor has operated sports pools in any jurisdiction within the prior five years in an unauthorized manner or been accused or adjudicated to have engaged in illegal gambling or wagering of any kind, including a detailed description of the conduct involved and the nature of the sanction or discipline;
(4)whether the casino sports wagering licensee or sports pool vendor has committed any misconduct or engaged in any improper associations within the meaning of section 5329.7 of this Part; and
(5)the annual financial statements audited according to generally accepted accounting principles, of the sports pool vendor, if any, for the prior three years.

9 NYCRR 5329.4 - Vendor licensing

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(a)Sports pool vendor.

A casino sports wagering licensee may contract with a sports pool vendor to operate or assist in the operation of sports pools on behalf of such casino sports wagering licensee, as permitted by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(2)(h). As required by such statute, any such sports pool vendor shall obtain a casino vendor enterprise license pursuant to Part 5307 of this Title prior to the execution of any contract to so operate. A casino sports wagering licensee always shall remain responsible for compliance with article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law and this Title, even if such licensee has engaged a sports pool vendor to conduct sports pool wagering on behalf of such licensee. The acts, omissions and knowledge of a sports pool vendor with respect to matters addressed in article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law and this Title shall be imputed to and also be the responsibility of the casino sports wagering licensee. A sports pool vendor shall also be independently responsible for compliance with article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law and this Title.

(b)Equipment and software providers.

All manufacturers, suppliers and service providers of sports pool wagering equipment, including, without limitation, wagering platforms, shall be licensed as casino vendor enterprises pursuant to section 5307.1 of this Title.

9 NYCRR 5329.5 - Reporting of changes

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Each casino sports wagering licensee and sports pool vendor shall have a continuing duty to disclose any material change or changes in such entity’s business form or activity, information submitted in support of a review pursuant to section 5329.3 of this Part; information provided to authorized sports bettors; information provided to investors; or information provided in an annual report, or statutory duty to provide information, to the commission.

9 NYCRR 5329.6 - Licensing of individuals

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(a)Persons directly involved.

A person directly involved in the conduct and operation of a sports pool shall be licensed or registered by the commission as a casino key employee or as a casino employee, as determined by the commission pursuant to title 3 of article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law and Parts 5303, 5304 and 5305 of this Title, as applicable, as required by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(3)(a).

(b)Persons not directly involved.

A person employed in a sports wagering lounge but not directly involved in wagering may be required to register with the commission as a casino employee, consistent with the registration standards applicable to persons not directly involved in casino gaming, as set forth in Part 5306 of this Title, as required by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(3)(a).

(c)Employees of a sports pool vendor.

Employees of a sports pool vendor shall be licensed or registered as section 5307.5 of this Title and Racing, Pari-Mutuel Wagering and Breeding Law section 1367(3)(a) require.

9 NYCRR 5329.7 - Misconduct and improper associations

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The commission may impose penalties or take other appropriate action against a casino sports wagering licensee or a sports pool vendor if the commission finds that any such licensee, or any person employed by or associated with such licensee:

(a)is associating, consorting or negotiating with persons who have been convicted of an unauthorized gambling or gambling-related crime;
(b)is guilty of any fraud or has attempted any fraud or misrepresentation in connection with sports pools or otherwise;
(c)has violated any law, rule or regulation with respect to sports pools or sports wagers in any jurisdiction; or
(d)has violated any rule, regulation or order of the commission.

9 NYCRR 5329.8 - Internal controls

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(a)Submission and requirements.

Each casino sports wagering licensee shall submit to the commission for approval internal controls for all aspects of sports pool wagering operations prior to commencing operations. Such internal controls shall address the following items in regard to the sports pool system, at a minimum:

(1)user access controls for all sports pool personnel;
(2)description of segregation of duties;
(3)automated and manual risk management procedures;
(4)procedures for identifying and reporting fraud and suspicious conduct;
(5)procedures to prevent wagering by prohibited sports pool bettors;
(6)procedures to ensure no sports wagering shall be based on a prohibited sports event;
(7)description of anti-money laundering compliance standards;
(8)description of all types of sports wagers available to be offered;
(9)description of all integrated third-party systems;
(10)procedures for the reconciliation of assets and documents contained in the wagering cashier drawers and automated ticket machines, which shall provide for the reporting of any overage or shortage; and
(11)in the event of a failure of a casino sports wagering licensee’s ability immediately to pay winning wagers, the licensee shall have internal controls detailing the method of ultimately paying winning wagers. The licensee also shall file with the commission an incident report for each system failure and document the date, time and reason for the failure along with the date and time the system is restored;
(12)in the event of changes and upgrades to the hardware and software used to execute sports wagering, procedures the casino sports wagering licensee intends to follow in order to receive approval from the commission, including recertification of such sports wagering components; and
(13)all data sources used in sports wager determination. Official data from a sports governing body shall be used to determine all sports wagers, unless a casino sports wagering licensee demonstrates (through its data provider vendor, if applicable) to the satisfaction of the commission that wagers for such wager type may be determined objectively, reliably, accurately and timely by an alternative data source. See Racing, Pari-Mutuel Wagering and Breeding Law section 1367(14).
(b)Reconciliation.

The internal controls shall detail the reconciliation of assets and documents contained in a sports wagering lounge cashier's drawer.

9 NYCRR 5329.9 - Sports wagering lounge

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(a)Lounge.

Sports wagering conducted by a casino sports wagering licensee shall occur only in the locations set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(2)(b). Any sports wagering lounge shall measure no less than 500 square feet and promote optimum security of the facility, which shall include the installation and maintenance of security and surveillance equipment consistent with the requirements of sections 5314.4 and 5314.5 of this Part, including closed-circuit television equipment, according to specifications submitted to and approved by the commission. No wagering ticket shall be sold except at regular ticket windows, properly designated by signs, except that wagering tickets and vouchers may be issued by automated ticket machines within a sports wagering lounge or other location within the casino as approved by the commission.

(b)Booth.

Each lounge shall include a booth that:

(1)shall be designed and constructed to provide maximum security for the materials stored and the activities performed therein;
(2)includes one or more cashier windows, each of which shall contain:
(i)a cashier's drawer and terminal through which financial transactions related to sports wagering are conducted;
(ii)a permanently affixed number, which shall be visible to the CCTV surveillance system;
(iii)a physical barrier designed to prevent direct access to the materials stored and activities performed in such booth if a cashier is cashing a winning wagering ticket or voucher of more than $10,000. Such windows shall be secured physically from any other cashier locations within the booth; and
(iv)manually triggered silent alarm systems, which shall be connected directly to the monitoring rooms of the casino surveillance;
(3)includes manually triggered silent alarm systems, which shall be connected directly to the monitoring rooms of the casino surveillance;
(4)includes closed circuit television cameras capable of accurate visual monitoring and taping of any activities, including the capturing of the patron's facial image when conducting transactions at the counter;
(5)has an alarm for each emergency exit door that is not a mantrap; and
(6)includes a secure location for the purpose of storing funds issued by a cage to be used in the operation of a sports pool.
(c)Required personnel.

Each casino sports wagering licensee shall have, or otherwise retain through a sports pool vendor, one or more persons to serve as an:

(1)oddsmaker; and
(2)operations wagering manager.

9 NYCRR 5329.10 - Sports pool system requirements

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9 NYCRR 5329.11 - Automated ticket machines

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9 NYCRR 5329.12 - House rules

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(a)Content.

Each casino sports wagering licensee shall adopt comprehensive house rules, which shall be submitted for written approval by the commission. Such house rules shall include the following, at a minimum:

(1)method for calculation of and amounts to be paid on winning sports wagers;
(2)effect of schedule changes for all markets offered;
(3)method of notifying authorized sports bettors of odds or proposition changes;
(4)acceptance of sports wagers at other than posted terms;
(5)expiration of any winning sports wagering ticket one year after the date of the event;
(6)method of contacting the casino sports wagering licensee for questions and complaints;
(7)acknowledgment of prohibited sports bettors;
(8)method of the process for any employee of a sports governing body or member team who is not prohibited from sports wagering to register with the commission prior to placing a sports wager; and
(9)method of funding a sports wager;
(10)minimum and maximum sports wagers by sports governing body; and
(11)description of sports wagering rules as it relates to in-play wagers.
(b)Availability.

A casino sports wagering licensee’s house rules, together with any other information the commission deems appropriate, shall be displayed conspicuously in the sports wagering lounge, posted on the casino sports wagering licensee’s website included in the terms and conditions of the sports pool system and made readily available to authorized sports bettors in printed form, as required by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(5).

9 NYCRR 5329.13 - Sports wager types

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(a)Approval of wagering menu.

A casino applying for licensure shall submit to the commission the types of sports wagers such casino would like to offer and the sports leagues, associations or organizations on whose contests the casino wishes to offer such sports wagers. Each type of sports wager and each sports league, association or organization on whose contests such casino wishes to offer sports wagering is subject to commission approval and may be subject to such conditions as the commission may determine. After licensing of a casino sports wagering licensee, commission approval is required before such licensee is permitted to offer any type of sports wager not previously offered by such licensee, or an existing sports wager type for a sport, league, association or organization on whose contests the commission has not previously authorized wagering. To obtain commission approval, a casino sports wagering licensee shall specify the underlying sport and sports league, association or organization upon which the proposed type of sports wager is based, provide rules for the sports wager and demonstrate that the new type of sports wager will comply with Racing, Pari-Mutuel Wagering and Breeding Law section 1367 and this Part. Following review of the proposed sports wager type, the commission shall inform all casino sports wagering licensees whether the proposed sports wager type is approved or denied or whether additional information from such licensee is required.

(b)Limitations on sports wager type.
(1)No sports wager type shall be approved unless:
(i)the event on which the sports wager is based is an event whose outcome can be verified;
(ii)the outcome of the sports wager can be generated by a reliable and independent process;
(iii)the outcome of the event is not affected by any sports wager placed; and
(iv)the event is conducted in conformity with all applicable laws, rules and regulations.
(2)A casino sports wagering licensee shall not offer sports wagers on:
(i)any prohibited sports event, as defined in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(1)(s);
(ii)any horse race;
(iii)any amateur or youth sports event, except collegiate sports events approved by the commission;
(iv)any event that is not a sports event; and
(v)any sports event on which the commission deems wagering to be contrary to public policy, either on the commission’s own initiative or upon commission affirmation of a request by a league or governing body that governs such sports event, so long as such request has been made in writing to the commission at least 60 days in advance of such sports event with an explanation of why wagering on such event should not be permitted as a matter of public policy.
(3)The commission may, in considering whether to approve or condition a sports wager type pursuant to this section, consider the views of a league, association or organization as the commission may deem advisable.
(c)Variations on sports wager types.

A casino sports wagering licensee may introduce variations of permissible types of sports wagers by seeking commission approval. A casino sports wagering licensee is not required to amend a previously approved submission to describe a variation if approved by the commission.

(d)Conditions placed on sports wager type.

The commission may approve conditionally a sports wager type or the use of a sports wager type for a particular sport, league, association or organization as the commission may deem advisable, such as establishing a limited trial period for a type of sports wager or imposing limits on a particular sports wager, to protect the wagering public, the integrity of sports wagers, the integrity of the sports event upon which a sports wager is based, in whole or in part, or for any other reason consistent with the policies underlying article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law or this Title.

(e)Withholding of approval.

The commission may, in the exercise of discretion, withhold approval of any proposed sports wagering type that directly or indirectly violates any requirement for permissible sports wagers or that the commission determines to be contrary to public policy.

(f)Information to commission.

A casino sports wagering licensee shall comply with every commission request for information about any type of sports wager that such casino sports wagering licensee proposes to offer to the public.

(g)Wagering tournaments.

No wagering tournament shall be conducted without prior approval of the commission. A casino sports wagering licensee shall submit the rules of any proposed wagering tournament for commission approval no later than 30 days prior to the anticipated start date of such wagering tournament.

9 NYCRR 5329.14 - Parlay card wagers

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9 NYCRR 5329.15 - Layoff wagers

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A casino sports wagering licensee may, in its discretion, accept a layoff wager from another New York State-licensed casino sports wagering licensee or skin, as skin is defined in section 5330.1 of this Title. Any such wager shall be placed in the name of the casino sports wagering licensee itself or skin itself. A layoff wager and, if applicable, a resultant payout shall not be included in the calculation of sports pool gross gaming revenue. Each layoff wager shall be reported to the commission, if possible, prior to the placement of such wager. If not possible, a casino sports wagering licensee or skin shall submit the details of the layoff wager to the commission’s division of gaming within 24 hours of the placement of such wager. Layoff wagers shall not be executed with operators in other jurisdictions unless all Federal law requirements are met.

9 NYCRR 5329.16 - Information posting

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(a)Information posting.

A casino sports wagering licensee shall make available in written form in conspicuous locations in the sports wagering lounge and on conspicuously accessible electronic screens a general explanation of each type of sports wager offered and the point or money line odds. Any explanation shall not be misleading or unfair to authorized sports bettors.

(b)Display of available sports wagering information.

The available sports wagering information for specific sports events shall be displayed in a manner visible to the public. The display shall include the event number, corresponding odds and a brief description of the event. Such information also shall be available on conspicuously accessible electronic screens. Any display shall not be misleading or unfair to authorized sports bettors.

9 NYCRR 5329.17 - Manner of placing wager

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(a)Placement of sports wagers.

All sports wagers accepted by a casino sports wagering licensee pursuant to this Part shall be placed within a sports wagering lounge with a sports wagering cashier at a sports wagering counter or at an automated ticket machine located within a sports wagering lounge or other location within the casino as approved by the commission.

(b)Forms of payment.

Sports wagers pursuant to this Part shall be made in cash, vouchers, gaming chips or wagering tickets of value or any other form of payment approved by the commission.

9 NYCRR 5329.18 - Sports wagering tickets

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9 NYCRR 5329.19 - Sports wagering restrictions

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(a)Age.

No person under 21 years of age may place a sports wager with a casino sports wagering licensee, as required by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(2)(d).

(b)Prohibited persons.

A casino sports wagering licensee shall not knowingly accept any sports wager from any prohibited sports bettor. No prohibited sports bettor is permitted to make such a sports wager with any licensee or collect winnings from any such sports wager, which sports wager shall be deemed void. Any person who is a direct or indirect legal or beneficial owner of 10 percent or greater of a sports governing body or any of such body’s member teams shall not place or accept sports wagers on a sports event in which any member team of such sports governing body participates.

(c)Proxy wagering and collection prohibited.

A casino sports wagering licensee shall not make payment on a winning sports wager to a person who the licensee knows or reasonably should know is collecting the payment on behalf of another for monetary consideration or in violation of local, State or Federal law. A casino sports wagering licensee shall not make payment on a winning sports wager to a person who the licensee knows or reasonably should know is engaging in such activity for profit or as a business enterprise. A casino sports wagering licensee may withhold payment of a winning sports wager if a customer refuses to supply identification or any other documentation required by this Part or article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law.

(d)Minimum and maximum sports wagers.

Minimum and maximum amounts of sports wagers shall be as established by a casino sports wagering licensee’s house rules approved by the commission. A casino sports wagering licensee shall disclose clearly the minimum and maximum sports wagers applicable to the sports wagers such licensee offers.

9 NYCRR 5329.20 - Certain payouts; wagering ticket control

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(a)Sports wagers and payouts greater than $10,000.
(1)Prior to accepting any sports wager in excess of $10,000 or making a payout in excess of $10,000 on a winning sports wagering ticket or voucher, casino sports wagering licensee shall:
(i)create an authorized sports bettor identification file and identify the patron;
(ii)obtain and record the authorized sports bettor’s Social Security number in the patron identification file; and
(iii)record, on a log, the following information, at a minimum:
(a)date of the sports wager or payout;
(b)name of the authorized sports bettor;
(c)name and signature of the employee authorizing the acceptance of the sports wager; and
(d)name and signature of the cashier identifying the authorized sports bettor and generating the sports wagering ticket or making the payout.
(2)For the purposes of this section, signatures may be electronic.
(3)A casino sports wagering licensee shall monitor all sports wagering transactions to ensure authorized sports bettors are not circumventing the identification requirements of paragraph (1) of this subdivision.
(b)Redemption.

Winning sports wagering tickets shall be redeemed by a wagering cashier, an automated ticket machine located within a sports wagering lounge or a commission-approved mail-in procedure after verifying the validity of the sports wagering ticket through the sports wagering platform. The sports wagering platform shall redeem electronically and cancel the sports wagering ticket upon redemption. Should a casino’s sports wagering lounge be closed, the casino’s cage shall be made available to redeem a winning sports wagering ticket.

(c)Marking cashed sportswagering tickets.

A casino sports wagering licensee shall establish procedures, approved by the commission, ensuring that each cashed or refunded sports wagering ticket shall not have the ability to be cashed or refunded again.

(d)Storage.

A casino sports wagering licensee shall maintain facilities and procedures that ensure the security of cashed sports wagering tickets and the integrity of records of outstanding sports wagering tickets. A casino sports wagering licensee shall store, physically or by electronic record, cashed sports wagering tickets for one year and one day following the sports event in a secure area consistent with such casino sports wagering licensee’s internal controls as approved by the commission.

(e)Access.

A casino sports wagering licensee shall prohibit unauthorized individuals from having access to the cashed sports wagering tickets and related storage areas. A list of authorized individuals with access to such storage areas shall be filed with the commission. Any storage area shall comply with surveillance requirements set forth in sections 5314.4 and 5314.5 of the Part.

(f)Sports wagering data retention.

Each casino sports wagering licensee shall maintain all sports wagering data for a sports wager for at least 10 years and shall make any such data available to the commission upon request.

9 NYCRR 5329.21 - Cancellation or rescission of sports wagers

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(a)Commission void.

The commission may order the voiding of sports wagers, and require refunds, on any event for which wagering, or the continuation of wagering, would be contrary to the public policies of this State.

(b)Authorized sports bettor cancellation.

A sports wagering ticket may be cancelled by an authorized sports bettor at the discretion of the casino sports wagering licensee, so long as no sports event upon which the sports wager was made has commenced.

(c)Rescission.

A casino sports wagering licensee shall not rescind any sports wager made pursuant to this Part unless extraordinary circumstances exist and the prior written approval of the commission has been obtained.

(d)Payout adjustments.

House rules shall state clearly circumstances in which the payouts are to be adjusted, including, without limitation:

(1)when sports wagers are affected by cancelled events;
(2)when and for what reason or reasons sports wagers will be cancelled; and
(3)application of aggregate limits as outlined in section 5329.14(b) of this Part.

9 NYCRR 5329.22 - Structuring of multiple sports wagers

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(a)Prohibition.

A casino sports wagering licensee shall not knowingly allow, and shall take reasonable steps to prevent, the circumvention of reporting requirements through an authorized sports bettor making a structured sports wager, including multiple sports wagers or a series of sports wagers that are designed to accomplish indirectly that which could not be accomplished directly. A sports wager or wagers need not exceed the dollar thresholds at any single casino sports wagering licensee in any single day in order to constitute prohibited structuring. No casino sports wagering licensee shall encourage or instruct the authorized sports bettor to structure or attempt to structure sports wagers. This section does not prohibit a casino sports wagering licensee from informing an authorized sports bettor of the regulatory requirements imposed upon the casino sports wagering licensee, including the definition of structured sports wagers. A casino sports wagering licensee shall not knowingly assist an authorized sports bettor in structuring or attempting to structure sports wagers.

(b)Recording requirements.

Each casino sports wagering licensee shall maintain multiple transaction logs to monitor compliance. Such logs shall record all sports wagers made within any 24-hour period in excess of $10,000, or in smaller amounts that aggregate in excess of $10,000, when any single officer, employee or agent of such licensee has actual knowledge of the sports wagers or would in the ordinary course of business have reason to know of the sports wagers. Each log entry shall be made by the employee accepting or approving the sports wager, immediately after accepting the sports wager, and shall include at a minimum:

(1)authorized sports bettor’s name and address;
(2)window number or other identification of the location where the sports wager occurred;
(3)time and date of the sports wager;
(4)dollar amount of the sports wager;
(5)signature or electronic signature of person accepting or approving the sports wager; and
(6)authorized sports bettor’s player card number, if known.
(c)Aggregating requirement.

Each casino sports wagering licensee shall aggregate all sports wagers in excess of $10,000 when any single officer, employee or agent of such casino sports wagering licensee would in the ordinary course of business have knowledge of the sports wagers.

(d)Identification requirement.

If an authorized sports bettor places a sports wager that is to be aggregated with previous sports wagers for which a record has been completed pursuant to this section, the casino sports wagering licensee shall complete the identification, recordation and reporting procedures for any additional sports wager regardless of amount occurring during the 24-hour period.

9 NYCRR 5329.23 - Authorized sports bettor complaints

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A casino sports wagering licensee shall investigate diligently all authorized sports bettor complaints within five calendar days from receipt. Where a complaint is made to commission staff, consistent with existing commission authority, the commission shall have unfettered access to all information related to authorized sports bettor wagers and application of this Part or house rules as such information relates to assisting in addressing authorized sports bettor complaints. Any authorized sports bettor complaint that results in a dispute in excess of $5,000 shall be brought immediately to the attention of the commission by the casino sports wagering licensee.

9 NYCRR 5329.24 - Reserve requirement

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Each casino sports wagering licensee must establish a cash reserve in an amount necessary to ensure the ability to cover outstanding sports pool liability, as approved by the commission.

9 NYCRR 5329.25 - Prohibited actions

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(a)Dishonest obtaining of a benefit.

No person shall, in relation to an authorized sports wager, obtain a benefit by any dishonest act, practice or scheme or otherwise dishonestly obtain a benefit through the use of any device or item.

(b)Altering or falsification of information.

Any person who knowingly alters or falsifies information recorded on any record, document or report required under this Part, for any purpose, including, without limitation, for the purpose of concealment, deception or circumvention of minimum internal control procedures, may be subject to penalties and other actions the commission may take pursuant to law (e.g., a fine, penalty or revocation of a license by the commission).

9 NYCRR 5329.26 - Duties to report

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(a)Dishonest or unlawful acts.

In the event that a casino sports wagering licensee or its employee, sports pool vendor or employee of a sports pool vendor, becomes aware, or reasonably suspects, a person has obtained a personal benefit or a benefit for another person by a dishonest or unlawful act affecting the conduct of a sports wager or a sports event, the results of which formed the basis, in whole or in part, of a sports wager; and/or there has been an unlawful act that has affected a sports wager or a sports event the results of which formed the basis, in whole or in part, of a sports wager, such casino sports wagering licensee, casino sports wagering licensee’s employee, sports pool vendor or sports pool vendor’s employee shall give promptly the commission a written notice advising the commission of all material facts known about the matter and any documents or other evidence in the possession or control of such entity or person in connection with the matter.

(b)Bribes.

If a casino sports wagering licensee, casino sports wagering licensee’s employee, sports pool vendor or sports pool vendor’s employee is approached with an offer or promise of a bribe or with a request or a suggestion for a bribe or for any improper, corrupt or fraudulent act or practice in relation to a sports wager or a sports event relating to a sports wager or with a suggestion that any sports wager or sports event relating to a sports wager be conducted otherwise than in accordance with the rules and regulations of the commission, it shall be the duty of such person to report such suggestion, offer, promise or bribe promptly to the commission. Failure to so report shall subject such person or persons and such casino sports wagering licensee and/or sports pool vendor associated with such person to the penalties and other actions the commission may take.

(c)Suspicious activity.

A casino sports wagering licensee shall report promptly to the commission any other suspicious activity involving such licensee in the operation of sports pools, whether such acts are committed by such casino sports wagering licensee, casino sports wagering licensee’s employee, sports pool vendor or sports pool vendor’s employee, or whether such acts are committed against such casino sports wagering licensee’s or sports pool vendor, including, without limitation, criminal activity, financial irresponsibility, fraud, misrepresentation, security breaches, breach of confidentiality of an authorized sports bettor’s personal information or any violation of article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law or this Part.

(d)Criminal activity.

Any casino sports wagering licensee and sports pool vendor shall immediately report any suspected criminal activity to the commission.

(e)Sports event integrity.

In the event a casino sports wagering licensee or sports pool vendor becomes aware of or reasonably suspects that the integrity of a sports event or occurrence within a sports event has been affected or compromised by sports wagering activity, such licensee or vendor shall report to the commission promptly all facts and circumstances relating to such awareness or suspicion.

(f)Money laundering.

In the event a casino sports wagering licensee or sports pool vendor becomes aware or reasonably suspects that there is a fraudulent or suspicious transaction in the operation of sports pools that may involve money laundering, or an activity similar to money laundering, as set forth in section 5315.17 of this Title, the casino sports wagering licensee or sports pool vendor shall report promptly in writing the suspicious activity to the commission. Nothing in this section shall relieve a licensee from any related reporting requirements under any other local, State or Federal laws. Such licensee shall make available to the commission any documents or access to computer or other data systems that the commission may request in connection with the matter.

(g)Suspicious sports wagering activity and suspicious sports wagers.

A casino sports wagering licensee:

(1)shall file with the commission a report of any suspicious wagering activity or suspicious sports wager, if such suspicious wagering activity or suspicious sports wager involves or aggregates to more than $10,000 in funds or other assets;
(2)may file a report of any suspicious wagering activity or suspicious sports wager, without regard to the amount, if the casino sports wagering licensee believes that such reporting may be relevant to the possible violation of any law or regulation; and
(3)shall file any report pursuant to paragraph (1) or (2) of this subdivision no later than 2 calendar days after the initial detection by the casino sports wagering licensee of facts that may constitute a basis for filing such a report. If no suspect was identified on the date of the detection of the incident requiring the filing, a casino sports wagering licensee may delay filing a report for an additional seven calendar days to identify a suspect. In no case shall reporting be delayed more than nine calendar days after the date of initial detection of a reportable transaction. In situations involving violations that require immediate attention, a casino sports wagering licensee shall notify commission staff immediately, in addition to timely filing a report.
(h)Retention period.

A casino sports wagering licensee shall maintain a copy of any report filed and the original or business record equivalent of any supporting documentation for a period of five years from the date of filing the report.

(i)Other reporting requirements.

Each casino sports wagering licensee shall report promptly to the commission any of the information and material required by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(12)(e)(i).

(j)Investigation of reports made to the commission.

The commission shall investigate any report of conduct made pursuant to Racing, Pari-Mutuel Wagering and Breeding Law section 1367(12)(j) or subdivision (d) of this section. If the commission determines that there has been a violation of law, including, without limitation, commission regulations, the commission shall have the discretion to take appropriate measures, including, without limitation, discipline of licensees and registrants through actions on licenses and registrations and fines. The commission shall make appropriate referrals to other law enforcement agencies when such investigations reveal evidence of a violation of law, as required by Racing, Pari-Mutuel Wagering and Breeding Law section 104(12).

(k)Interstate integrity monitoring.

The commission may, in the commission’s discretion, share information or data in regard to the integrity of sports events with other jurisdictions, or entities or agencies thereof, or with any entity maintaining an interstate database of sports wagering information for the purpose of integrity monitoring, as permitted by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(12)(g) and (h).

9 NYCRR 5329.27 - Sports pool integrity; confidential information

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(a)Identification and reporting of unusual wagering activity.

Each casino sports wagering licensee shall have controls in place to identify unusual wagering activity and report such activity to an independent integrity monitor, or to the commission if the commission so directs.

(b)Notification to all casino sports wagering licensees and reporting of similar activity.

Each independent integrity monitor shall share information in regard to any unusual wagering activity with each other independent integrity monitor working with other casino sports wagering licensees in this State and shall provide a report of such unusual wagering activity to all participating casino sports wagering licensees. Each casino sports wagering licensee shall review each such report and notify the independent integrity monitor of whether or not such licensee has experienced similar activity.

(c)Suspicious wagering activity identification and notification.

If an independent integrity monitor finds that previously reported unusual wagering activity rises to the level of suspicious wagering activity, such independent integrity monitor immediately shall notify all other independent integrity monitors, each casino sports wagering licensee and sports pool vendor, the commission, the appropriate sports governing authority and, if so directed by the commission, other regulatory agencies.

(d)Suspension of sports wagering.

A casino sports wagering licensee receiving a report of suspicious wagering activity shall be permitted to suspend sports wagering on events related to such report, but may cancel related sports wagers only upon commission approval to do so.

(e)Commission access to monitoring system.

Each independent integrity monitor shall provide the commission with remote access to the following information of such provider:

(1)all reports of unusual wagering activity;
(2)whether the unusual wagering activity was determined to be suspicious wagering activity; and
(3)the actions taken by the independent integrity monitor.
(f)Information sharing.

The commission and sports governing bodies may share information in regard to the integrity of sports events, as set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(12)(e)(ii).

(g)Hardware access.

The commission may require a casino sports wagering licensee to provide any hardware necessary to the commission for evaluation of a sports wagering offering or to conduct further monitoring of data provided by the system of such licensee.

(h)Confidentiality.

All information and data received pursuant to this Part by the commission related to unusual or suspicious wagering activity shall be considered confidential and shall not be revealed in whole or in part, except:

(1)upon the lawful order of a court of competent jurisdiction; or
(2)with any law enforcement entity, team, college or university, sports governing body or regulatory agency that the commission deems appropriate.

9 NYCRR 5329.28 - Tax

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(a)Tax rate.

Gross gaming revenue from sports pool wagering conducted by a casino sports wagering licensee shall be taxed at the rate set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(7).

(b)Payment.

Tax attributable to sports pool wagering conducted by each casino sports wagering licensee, including any applicable interest and penalties, shall be transmitted weekly by electronic funds transfer to the commission. All gross gaming taxes relating to sports wagering conducted by a casino sports wagering licensee are the responsibility of, and shall be paid by, such casino sports wagering licensee.

(c)Reports.

All weekly gross gaming revenue tax reports filed with the commission pursuant to this section shall reflect all gross gaming revenue received by the casino sports wagering licensee for the period of the return.

(d)Additional tax or refunds.

When the commission finds that a casino sports wagering licensee is required to pay additional taxes or finds that a casino sports wagering licensee is entitled to a refund of taxes, the commission shall report to such licensee the commission’s findings, along with the legal basis upon which such findings are made.

9 NYCRR 5329.29 - Gross gaming revenue reports and reconciliation

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9 NYCRR 5329.30 - Accounting and financial records

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(a)Record of transactions.

Each casino sports wagering licensee shall maintain complete, accurate and legible records of all transactions pertaining to such licensee’s revenues, expenses, assets, liabilities and equity in conformance with generally accepted accounting principles. The failure of a casino sports wagering licensee to maintain such records according to such principles shall be a violation of this section.

(b)Accounting requirements.

The accounting records maintained by a casino sports wagering licensee shall be maintained using a double-entry system of accounting with transactions recorded on the accrual basis and supported by detailed subsidiary records. Such subsidiary records shall include, at a minimum, each of the following:

(1)detailed general ledger accounts identifying all revenue, expenses, assets, liabilities and equity for such licensee;
(2)a record of all investments, advances, loans and accounts receivable balances due to such casino sports wagering licensee;
(3)a record of all loans and other accounts payable by such casino sports wagering licensee;
(4)a record of all accounts receivable written off as uncollectible by such casino sports wagering licensee;
(5)records that identify total winnings paid out:
(i)on each sports wager; or
(ii)by another accounting period pre-approved in writing by the commission;
(6)records required by such casino sports wagering licensee’s system of internal controls;
(7)work papers supporting the monthly reconciliation of cash accountability; and
(8)other records that the commission may require, in writing, to be maintained.
(c)Retention period.

Notwithstanding anything in this section to the contrary, each accounting record shall be kept by a casino sports wagering licensee for a period of not less than five years from date of creation of such record.

9 NYCRR 5329.31 - Duties to give evidence

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Jun 6, 2026

It shall be the duty of each casino sports wagering licensee and each employee or other person associated with each such licensee to report promptly when requested or ordered to do so by any official of the commission in furtherance of an investigation or hearing pursuant to this Title and to testify under oath concerning any facts within such licensee’s or such person’s knowledge and to produce any books, records, written matter or other evidence within such licensee’s or such person’s possession or control relevant to such matter.

9 NYCRR 5329.32 - Reporting of compliance

Later Register activity found — review the notice before relying on the compiled text.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Nov 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
WCB-01-26-00003-A · Adopted rule · Apr 22, 2026
Source snapshot
Jun 6, 2026

Each casino sports wagering licensee shall, prior to commencing operations, and annually thereafter, perform a system integrity and security assessment conducted by an independent professional selected by such licensee, the scope of which assessment shall be subject to the approval of the commission. In addition, the commission, at its discretion, may publish bulletins to specify additional yearly testing requirements. The independent professional's report on the assessment shall be submitted to the commission and shall include:

(a)scope of review;
(b)name and company affiliation of each person who conducted the assessment;
(c)date of the assessment;
(d)findings;
(e)recommended corrective action, if applicable; and
(f)the casino sports wagering licensee’s response to the findings and recommended corrective action.

9 NYCRR 5329.33 - Review, examination of records

Later Register activity found — review the notice before relying on the compiled text.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Nov 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
WCB-01-26-00003-A · Adopted rule · Apr 22, 2026
Source snapshot
Jun 6, 2026

The commission or the commission’s designee may:

(a)conduct periodic examinations of the accounting and financial records of casino sports wagering licensees;
(b)review the accounting principles and procedures used by casino sports wagering licensees;
(c)review and observe methods and procedures used by casino sports wagering licensees to count and handle sports wagers made with cash, vouchers, gaming chips or wagering tickets of value;
(d)examine accounting and financial records of a casino sports wagering licensee or a person controlling, controlled by or under common control with such casino sports wagering licensee;
(e)obtain copies from the casino sports wagering licensee of outstanding deposited check instruments, checks returned and held, collection activities taken and settlement of disputed items.

9 NYCRR 5329.34 - Responsible gaming

Later Register activity found — review the notice before relying on the compiled text.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Nov 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
WCB-01-26-00003-A · Adopted rule · Apr 22, 2026
Source snapshot
Jun 6, 2026

Each casino sports wagering licensee and sports pool vendor shall comply with the problem gaming, self-exclusion and excluded person requirements set forth in Parts 5325, 5327 and 5402 of this Title.

9 NYCRR 5329.35 - Other regulations apply

Later Register activity found — review the notice before relying on the compiled text.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Nov 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
WCB-01-26-00003-A · Adopted rule · Apr 22, 2026
Source snapshot
Jun 6, 2026

Unless the context of this Part indicates otherwise, the regulations set forth elsewhere in this Title are applicable to sports wagering.

9 NYCRR 5329.36 - Suspension, fines, revocation and other discipline

Later Register activity found — review the notice before relying on the compiled text.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Nov 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
WCB-01-26-00003-A · Adopted rule · Apr 22, 2026
Source snapshot
Jun 6, 2026
(a)Discipline.

Consistent with existing commission authority, and in addition to authority to suspend licenses or registrations of individuals, the commission may suspend or revoke a casino sports wagering license, sports pool vendor license or a gaming vendor license, or fine or otherwise discipline any such licensee for any reason or combination of reasons set forth in this subdivision:

(1)violations of article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law, this Title or any other applicable law, including regulation;
(2)failure to comply with instructions of the commission concerning a licensed activity;
(3)conviction of any:
(i)felony offense, as such term as defined in Penal Law section 10.00(5), or an equivalent offense committed in another jurisdiction;
(ii)a misdemeanor related to gambling, gaming, bribery, fraud or any other offense prejudicial to public confidence;
(4)failure to file any returns or reports, keep records or to pay any fee or submit revenue as may be required;
(5)fraud, deceit, misrepresentation or conduct prejudicial to public confidence in gaming;
(6)whenever the commission finds that the operator’s experience, character and general fitness of a licensee are such that participation in operating a sports pool is inconsistent with the public interest or convenience; or
(7)for any other reason within the discretion of the commission.
(b)Opportunity to be heard.

The commission shall allow a casino sports wagering licensee or sports pool vendor an opportunity to be heard before imposing any discipline pursuant to this section. A licensee that has been disciplined pursuant to this section may request a de novo hearing before a hearing officer, with the matter to be decided by the commission.

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