N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1335: Games and gaming equipment

§ 1335. Games and gaming equipment. 1. This article shall not be

construed to permit any gaming except the conduct of authorized games in

a casino in accordance with this article and the regulations promulgated

hereunder.

2. Gaming equipment shall not be possessed, maintained or exhibited by

any person on the premises of a gaming facility except in a casino or in

restricted casino areas used for the inspection, repair or storage of

such equipment and specifically designated for that purpose by the

gaming facility licensee with the approval of the commission. Gaming

equipment that supports the conduct of gaming in a gaming facility but

does not permit or require patron access, such as computers, may be

possessed and maintained by a gaming facility licensee or a qualified

holding or intermediary company of a gaming facility licensee in

restricted areas specifically approved by the commission. No gaming

equipment shall be possessed, maintained, exhibited, brought into or

removed from a gaming facility by any person unless such equipment is

necessary to the conduct of an authorized game, has permanently affixed,

imprinted, impressed or engraved thereon an identification number or

symbol authorized by the commission, is under the exclusive control of a

gaming facility licensee or gaming facility licensee's employees, or of

any individually qualified employee of a holding company or gaming

facility licensee and is brought into or removed from the gaming

facility following twenty-four hour prior notice given to an authorized

agent of the commission.

Notwithstanding any other provision of this section, computer

equipment used by the slot system operator of a multi-casino progressive

slot system to link and communicate with the slot machines of two or

more gaming facility licensees for the purpose of calculating and

displaying the amount of a progressive jackpot, monitoring the operation

of the system, and any other purpose that the commission deems necessary

and appropriate to the operation or maintenance of the multi-casino

progressive slot machine system may, with the prior approval of the

commission, be possessed, maintained and operated by the slot system

operator either in a restricted area on the premises of a gaming

facility or in a secure facility inaccessible to the public and

specifically designed for that purpose off the premises of a gaming

facility with the written permission of the commission. Notwithstanding

the foregoing, a person may, with the prior approval of the commission

and under such terms and conditions as may be required by the

commission, possess, maintain or exhibit gaming equipment in any other

area of the gaming facility, provided that such equipment is used for

nongaming purposes. Notwithstanding any other provision of this article

to the contrary, the commission may, by regulation, authorize the

linking of slot machines of one or more gaming facility licensees and

slot machines located in casinos licensed by another state of the United

States. Wagering and account information for a multi-state slot system

shall be transmitted by the operator of such multi-state slot system to

either a restricted area on the premises of a gaming facility or to a

secure facility inaccessible to the public and specifically designed for

that purpose with the written permission of the commission, and from

there to slot machines of gaming facility licensees, provided all

locations are approved by the commission.

3. Each gaming facility shall contain a count room and such other

secure facilities as may be required by the commission for the counting

and storage of cash, coins, tokens, checks, plaques, gaming vouchers,

coupons, and other devices or items of value used in wagering and

approved by the commission that are received in the conduct of gaming

and for the inspection, counting and storage of dice, cards, chips and

other representatives of value. The commission shall promulgate

regulations for the security of drop boxes and other devices in which

the foregoing items are deposited at the gaming tables or in slot

machines, and all areas wherein such boxes and devices are kept while in

use, which regulations may include certain locking devices. Said drop

boxes and other devices shall not be brought into or removed from a

gaming facility, or locked or unlocked, except at such times, in such

places, and according to such procedures as the commission may require.

4. All chips used in gaming shall be of such size and uniform color by

denomination as the commission shall require by regulation.

5. All gaming shall be conducted according to rules promulgated by the

commission. All wagers and pay-offs of winning wagers shall be made

according to rules promulgated by the commission, which shall establish

such limitations as may be necessary to assure the vitality of casino

operations and fair odds to patrons. Each slot machine shall have a

minimum payout of eighty-five percent.

6. Each gaming facility licensee shall make available in printed form

to any patron upon request the complete text of the rules of the

commission regarding games and the conduct of gaming, pay-offs of

winning wagers, an approximation of the odds of winning for each wager,

and such other advice to the player as the commission shall require.

Each gaming facility licensee shall prominently post within a casino,

according to regulations of the commission such information about gaming

rules, pay-offs of winning wagers, the odds of winning for each wager,

and such other advice to the player as the commission shall require.

7. Each gaming table shall be equipped with a sign indicating the

permissible minimum and maximum wagers pertaining thereto. It shall be

unlawful for a gaming facility licensee to require any wager to be

greater than the stated minimum or less than the stated maximum;

provided, however, that any wager actually made by a patron and not

rejected by a gaming facility licensee prior to the commencement of play

shall be treated as a valid wager.

8. Testing of slot machines and associated devices. (a) Except as

herein provided, no slot machine shall be used to conduct gaming unless

it is identical in all electrical, mechanical and other aspects to a

model thereof which has been specifically tested and licensed for use by

the commission. The commission shall also test or cause to be tested any

other gaming device, gaming equipment, gaming-related device or

gross-revenue related device, such as a slot management system,

electronic transfer credit system or gaming voucher system as it deems

appropriate. In its discretion and for the purpose of expediting the

approval process, the commission may utilize the services of a private

testing laboratory that has obtained a plenary license as a casino

vendor enterprise to perform the testing, and may also utilize

applicable data from any such private testing laboratory or from a

governmental agency of a state authorized to regulate slot machines and

other gaming devices, gaming equipment, gaming-related devices and

gross-revenue related devices used in gaming, if the private testing

laboratory or governmental agency uses a testing methodology

substantially similar to the methodology approved or utilized by the

commission. The commission, in its discretion, may rely upon the data

provided by the private testing laboratory or governmental agency and

adopt the conclusions of such private testing laboratory or governmental

agency regarding any submitted device.

(b) Except as otherwise provided in paragraph (e) of this subdivision,

the commission shall, within sixty days of its receipt of a complete

application for the testing of a slot machine or other gaming equipment

model, approve or reject the slot machine or other gaming equipment

model. In so doing, the commission shall specify whether and to what

extent any data from a private testing laboratory or governmental agency

of a state was used in reaching its conclusions and recommendation. If

the commission is unable to complete the testing of a slot machine or

other gaming equipment model within this sixty day period, the

commission may conditionally approve the slot machine or other gaming

equipment model for test use by a gaming facility licensee provided that

the commission represents that the use of the slot machine or other

gaming equipment model will not have a direct and materially adverse

impact on the integrity of gaming or the control of gross revenue. The

commission shall give priority to the testing of slot machines or other

gaming equipment that a gaming facility licensee has certified it will

use in its gaming facility in this state.

(c) The commission shall, by regulation, establish such technical

standards for licensure of slot machines, including mechanical and

electrical reliability, security against tampering, the

comprehensibility of wagering, and noise and light levels, as it may

deem necessary to protect the player from fraud or deception and to

insure the integrity of gaming. The denominations of such machines shall

be set by the licensee; the licensee shall simultaneously notify the

commission of the settings.

(d) The commission shall, by regulation, determine the permissible

number and density of slot machines in a licensed gaming facility so as

to:

(1) promote optimum security for gaming facility operations;

(2) avoid deception or frequent distraction to players at gaming

tables;

(3) promote the comfort of patrons;

(4) create and maintain a gracious playing environment in the gaming

facility; and

(5) encourage and preserve competition in gaming facility operations

by assuring that a variety of gaming opportunities is offered to the

public.

Any such regulation promulgated by the commission which determines the

permissible number and density of slot machines in a licensed gaming

facility shall provide that all casinos shall be included in any

calculation of the permissible number and density of slot machines in a

licensed gaming facility.

(e) Any new gaming equipment that is submitted for testing to the

commission or to a state licensed independent testing laboratory prior

to or simultaneously with submission of such new equipment for testing

in a jurisdiction other than this state, may, consistent with

regulations promulgated by the commission, be deployed by a gaming

facility licensee on the casino fourteen days after submission of such

equipment for testing. If the gaming facility or casino vendor

enterprise licensee has not received approval for the equipment fourteen

days after submission for testing, any interested gaming facility

licensee may, consistent with commission regulations, deploy the

equipment on a field test basis, unless otherwise directed by the

executive director.

9. It shall be unlawful for any person to exchange or redeem chips for

anything whatsoever, except for currency, negotiable personal checks,

negotiable counter checks, other chips, coupons, slot vouchers or

complimentary vouchers distributed by the gaming facility licensee, or,

if authorized by regulation of the commission, a valid charge to a

credit or debit card account. A gaming facility licensee shall, upon the

request of any person, redeem that licensee's gaming chips surrendered

by that person in any amount over one hundred dollars with a check drawn

upon the licensee's account at any banking institution in this state and

made payable to that person.

10. It shall be unlawful for any gaming facility licensee or its

agents or employees to employ, contract with, or use any shill or barker

to induce any person to enter a gaming facility or play at any game or

for any purpose whatsoever.

11. It shall be unlawful for a dealer in any authorized game in which

cards are dealt to deal cards by hand or other than from a device

specifically designed for that purpose, unless otherwise permitted by

the rules of the commission.