N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 1307
Required regulations


1.

The commission is authorized:

(a)

to adopt, amend or repeal such regulations, consistent with the policy and objectives of this article, as amended and supplemented, as it may deem necessary to protect the public interest in carrying out the provisions of this article; and

(b)

to adopt, amend or repeal such regulations as may be necessary for the conduct of hearings before the commission and for the matters within all other responsibilities and duties of the commission imposed by this article.

2.

The commission shall, without limitation, include the following specific provisions in its regulations in accordance with the provisions of this article:

(a)

prescribing the methods and forms of application and registration which any applicant or registrant shall follow and complete;

(b)

prescribing the methods, procedures and form for delivery of information concerning any person’s family, habits, character, associates, criminal record, business activities and financial affairs;

(c)

prescribing such procedures for the fingerprinting of an applicant, employee of a licensee, or registrant, and methods of identification which may be necessary to accomplish effective enforcement of restrictions on access to the casino and other restricted casino areas of the gaming facility;

(d)

prescribing the method of notice to an applicant, registrant or licensee concerning the release of any information or data provided to the commission by such applicant, registrant or licensee;

(e)

prescribing the manner and procedure of all hearings conducted by the commission or any presiding officer;

(f)

prescribing the manner and method of collection of payments of taxes, fees, interest and penalties;

(g)

defining and limiting the areas of operation, the rules of authorized games, odds, and devices permitted, and the method of operation of such games and devices;

(h)

regulating the practice and procedures for negotiable transactions involving patrons, including limitations on the circumstances and amounts of such transactions, and the establishment of forms and procedures for negotiable instrument transactions, redemptions, and consolidations;

(i)

prescribing grounds and procedures for the revocation or suspension of operating certificates, licenses and registrations;

(j)

governing the manufacture, distribution, sale, deployment, and servicing of gaming devices and equipment;

(k)

prescribing for gaming operations the procedures, forms and methods of management controls, including employee and supervisory tables of organization and responsibility, and minimum security and surveillance standards, including security personnel structure, alarm and other electrical or visual security measures; provided, however, that the commission shall grant an applicant broad discretion concerning the organization and responsibilities of management personnel who are not directly involved in the supervision of gaming operations;

(l)

prescribing the qualifications of, and the conditions pursuant to which, engineers, accountants, and others shall be permitted to practice before the commission or to submit materials on behalf of any applicant or licensee;

(m)

prescribing minimum procedures for the exercise of effective control over the internal fiscal affairs of a licensee, including provisions for the safeguarding of assets and revenues, the recording of cash and evidence of indebtedness, and the maintenance of reliable records, accounts, and reports of transactions, operations and events, including reports to the commission;

(n)

providing for a minimum uniform standard of accountancy methods, procedures and forms; a uniform code of accounts and accounting classifications; and such other standard operating procedures, as may be necessary to assure consistency, comparability, and effective disclosure of all financial information, including calculations of percentages of profit by games, tables, gaming devices and slot machines;

(o)

requiring quarterly financial reports and the form thereof, and an annual audit prepared by a certified public accountant licensed to do business in this state, attesting to the financial condition of a licensee and disclosing whether the accounts, records and control procedures examined are maintained by the licensee as required by this article and the regulations promulgated hereunder;

(p)

governing the gaming-related advertising of licensees, their employees and agents, with the view toward assuring that such advertisements are not deceptive; and

(q)

governing the distribution and consumption of alcoholic beverages on the premises of the licensee.

3.

The commission shall, in its regulations, prescribe the manner and procedure of all hearings conducted by the commission.

Source: Section 1307 — Required regulations, https://www.­nysenate.­gov/legislation/laws/PML/1307 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 1307’s source at nysenate​.gov

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