N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 111: Compulsive gambling assistance

§ 111. Compulsive gambling assistance. 1. (a) The commission shall

cooperate with the commissioner of addiction services and supports to

ensure the posting of signs and listing of information on the internet

designed to assist compulsive gamblers pursuant to the provisions of

subdivision (h) of section 19.09 of the mental hygiene law. Such

postings shall include information explaining how an individual may add

his or her name to the list of self-excluded persons. Signs shall be

posted at a reasonable distance from each entrance, exit and automated

teller machine in the facility.

(b) The commission shall cooperate with the commissioner of addiction

services and supports to ensure that all advertisements for gaming

activity clearly and conspicuously state a problem gambling hotline

number.

(c) The commission shall make available on its website information and

technical support which includes, but is not limited to, guidelines for

any association, corporations licensed or enfranchised pursuant to this

chapter on advertising restrictions.

2. (a) The commission shall promulgate rules and regulations pursuant

to which people may voluntarily exclude themselves from entering the

premises of an association or corporation licensed or enfranchised by

the commission pursuant to this chapter. In promulgating such rules and

regulations the commission shall ensure, to the extent practicable, that

there is consistency in the process followed under each division in

which an individual may voluntarily exclude themselves. Such rules and

regulations shall provide that:

(i) an association or corporation licensed or enfranchised pursuant to

this chapter maintain an updated list of all persons who have requested

exclusion pursuant to this section and shall submit such list to the

commission no less than every five days;

(ii) an association or corporation licensed or enfranchised pursuant

to this chapter shall not offer coupons, market its services, or send

advertisements to or otherwise solicit the patronage of, a self-excluded

person; and

(iii) no employee or agent of an association or corporation licensed

or enfranchised pursuant to this chapter shall divulge any name of a

self-excluded person, other than to authorized surveillance, security or

other personnel whose duties and functions require access to such

information, the division, the commission or their duly authorized

representatives.

(b) An association or corporation licensed or enfranchised pursuant to

this chapter shall not be liable to any self-excluded person or to any

other party in any judicial proceeding for any harm, monetary or

otherwise, which may arise as a result of a self-excluded person's

engaging in gaming activity while on the list of self-excluded persons;

provided that nothing contained in this paragraph shall limit the

liability of any such association, corporation, or facility for any

other acts or omissions under any other statutory law or under the

common law.

(c) No voluntary order or request to exclude persons from entering the

premises of any such association, corporation, or facility may be

rescinded, canceled, or declared null and void until seven days after a

request has been received by such association, corporation, or facility

to cancel such order or request.

3. The commission shall promulgate rules and regulations under which a

person with an account authorized pursuant to section one thousand

twelve of this chapter may voluntarily place limits on the amounts of

his or her wagers or potential wagers on a daily or weekly basis. No

order from a person to remove any limit placed on account wagers shall

be effective until seven days after it has been received by the entity

conducting account wagering.