New York regulations

9 NYCRR 5319.45

Executive Department

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Software requirements for percentage payout

Software requirements for percentage payout

Compiled text through Nov 15, 2021

Register checked through Jul 29, 2026

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

Dates and status
Compiling agency
Executive Department
Text status
Westlaw Inline Boundary Correction
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
TAF-46-21-00009-P · Proposed rule · Nov 17, 2021
Source snapshot
Jun 6, 2026
(a)If progressives, bonus systems, merchandise and so on are external to a game’s prize pool, the values shall not be included in the percentage-payout calculation. The independent testing laboratory approved by the commission shall provide the minimum and maximum theoretical payout percentage for the game within a certification report, unless otherwise noted. Additional external awards added to a game shall require a re-evaluation of the theoretical payout percentage, considering the value of the award and other relevant factors. The independent testing laboratory approved by the commission shall re-evaluate a game’s theoretical payout percentage when requested.
(b)Gaming devices that may be affected by player skill shall meet the requirement of this section when using a method of play that will provide the greatest return to the player over a period of continuous play.
(c)The minimum percentage requirement shall be met when playing at the lowest end of a non-linear pay table (i.e., if a game is continuously played at a minimum bet level for the cycle of the game and the theoretical return to the player is lower than the minimum percentage, then such pay table is not permissible).
(d)Double-up or gamble options shall have a theoretical return to the player of 100 percent.

State Register activity

2 rulemakings · 3 notices

  1. Fuel use tax on motor fuel and diesel motor fuel and the art. 13-A carrier tax jointly administered therewith.

    TAF-46-21-00009Department of Taxation and FinancePart-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 5319).

    1. Proposed ruleTAF-46-21-00009-P

      Amendment of section 492.1(b)(1) of Title 20 NYCRR.

  2. To set forth the standards for the gaming devices.

    SGC-37-16-00021State Gaming CommissionPart-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 5319).

    1. Adopted ruleSGC-37-16-00021-A

      Addition of Part 5319 to Title 9 NYCRR.

    2. Proposed ruleSGC-37-16-00021-P

      Set forth the standards for the gaming devices.

      Addition of Part 5319 to Title 9 NYCRR.

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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