9 NYCRR 5116.5 — read free

Permitted marketing and promotion expenses

Compiled text through Nov 15, 2021

No later Register activity identified in this check.

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: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Permissible expenses.

The following qualified marketing expenses incurred by a video lottery gaming agent pursuant to an approved marketing plan pursuant to this Part shall be reimbursable from the marketing allowance account:

(1)advertising;

(2)complimentary services;

(3)promotions;

(4)group sales;

(5)direct mail expenditures;

(6)player’s club expenses, except as otherwise provided in section 5116.9 of this Part;

(7)entertainment costs;

(8)personal service costs for the number and type of positions authorized by the commission as allowable;

(9)such other marketing expenses for which advance approval is specifically requested in writing and subsequently approved by the commission or otherwise described in official guidance released by the commission from time to time and subject to audit by the commission.

(b)Caps.

Nothing in the act or this Part shall be construed as preventing the commission to cap allowable marketing, promotion and associated costs in any category of the permitted uses of the funds from the marketing and promotion program.

(c)Cease and desist notice.

To the extent that the commission believes that marketing expenditures are inconsistent with the purpose and intent of the marketing plan, the commission may issue a cease and desist notice to the video lottery gaming agent. Upon receipt of any such cease and desist order issued by the commission, the video lottery gaming agent shall immediately cease the identified action.

(d)Hearing request following compliance with cease and desist notice.

Provided that the video lottery gaming agent has complied with any cease and desist order issued by the commission, a video lottery gaming agent may request a hearing on said action pursuant to this Subtitle.

Permitted marketing and promotion expenses

State Register activity