N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1328: Junket operator licensing

§ 1328. Junket operator licensing. 1. No junkets may be organized or

permitted except in accordance with the provisions of this article. No

person may act as a junket representative or junket enterprise except in

accordance with this section.

2. A junket representative employed by a gaming facility licensee, an

applicant for a gaming facility license or an affiliate of a gaming

facility licensee shall be licensed as a casino key employee; provided,

however, that said licensee need not be a resident of this state. No

gaming facility licensee or applicant for a gaming facility license may

employ or otherwise engage a junket representative who is not so

licensed.

3. Junket enterprises that, and junket representatives not employed by

a gaming facility licensee or an applicant for a gaming facility license

or by a junket enterprise who, engage in activities governed by this

section shall be licensed as an ancillary casino vendor enterprise in

accordance with subdivision three of section one thousand three hundred

twenty-six of this title, unless otherwise directed by the commission;

provided, however, that any such junket enterprise or junket

representative who has disqualified shall be entitled to establish his

or her rehabilitation from such disqualification pursuant to article

twenty-three-A of the correction law. Any non-supervisory employee of a

junket enterprise or junket representative licensed as an ancillary

casino vendor enterprise in accordance with subdivision three of section

one thousand three hundred twenty-six of this title shall be registered.

4. Prior to the issuance of any license required by this section, an

applicant for licensure shall submit to the jurisdiction of the state

and shall demonstrate that he or she is amenable to service of process

within this state. Failure to establish or maintain compliance with the

requirements of this subdivision shall constitute sufficient cause for

the denial, suspension or revocation of any license issued pursuant to

this section.

5. Upon petition by the holder of a gaming facility license, an

applicant for a casino key employee license intending to be employed as

a junket representative may be issued a temporary license by the

commission in accordance with regulations promulgated, provided that:

(a) the applicant for licensure is employed by a gaming facility

licensee; and

(b) the applicant for licensure has filed a completed application as

required by the commission.

6. The commission shall have the authority to immediately suspend,

limit or condition any temporary license issued pursuant to this

section, pending a hearing on the qualifications of the junket

representative.

7. Unless otherwise terminated, any temporary license issued pursuant

to this section shall expire twelve months from the date of its

issuance, and shall be renewable by the commission for one additional

six month period.

8. Every agreement concerning junkets entered into by a gaming

facility licensee and a junket representative or junket enterprise shall

be deemed to include a provision for its termination without liability

on the part of the gaming facility licensee, if the commission orders

the termination upon the suspension, limitation, conditioning, denial or

revocation of the licensure of the junket representative or junket

enterprise. Failure to expressly include such a condition in the

agreement shall not constitute a defense in any action brought to

terminate the agreement.

9. A gaming facility licensee shall be responsible for the conduct of

any junket representative or junket enterprise associated with it and

for the terms and conditions of any junket engaged in on its premises,

regardless of the fact that the junket may involve persons not employed

by such a gaming facility licensee.

10. A gaming facility licensee shall be responsible for any violation

or deviation from the terms of a junket. Notwithstanding any other

provisions of this article, the commission may order restitution to

junket participants, assess penalties for such violations or deviations,

prohibit future junkets by the gaming facility licensee, junket

enterprise or junket representative, and order such further relief as it

deems appropriate.

11. The commission shall, by regulation, prescribe methods, procedures

and forms for the delivery and retention of information concerning the

conduct of junkets by gaming facility licensees. Without limitation of

the foregoing, each gaming facility licensee, in accordance with the

rules of the commission, shall:

(a) Maintain on file a report describing the operation of any junket

engaged in on its premises; and

(b) Submit to the commission a list of all its employees who are

acting as junket representatives.

12. Each gaming facility licensee, junket representative or junket

enterprise shall, in accordance with the rules of the commission, file a

report with the commission with respect to each list of junket patrons

or potential junket patrons purchased directly or indirectly by the

gaming facility licensee, junket representative or enterprise.

13. The commission shall have the authority to determine, either by

regulation, or upon petition by the holder of a gaming facility license,

that a type of arrangement otherwise included within the definition of

"junket" shall not require compliance with any or all of the

requirements of this section. In granting exemptions, the commission

shall consider such factors as the nature, volume and significance of

the particular type of arrangement, and whether the exemption would be

consistent with the public policies established by this article. In

applying the provisions of this subdivision, the commission may

condition, limit, or restrict any exemption as it may deem appropriate.

14. No junket enterprise or junket representative or person acting as

a junket representative may:

(a) Engage in efforts to collect upon checks that have been returned

by banks without full and final payment;

(b) Exercise approval authority with regard to the authorization or

issuance of credit;

(c) Act on behalf of or under any arrangement with a gaming facility

licensee or a gaming patron with regard to the redemption,

consolidation, or substitution of the gaming patron's checks awaiting

deposit;

(d) Individually receive or retain any fee from a patron for the

privilege of participating in a junket; and

(e) Pay for any services, including transportation, or other items of

value provided to, or for the benefit of, any patron participating in a

junket.