SGC-32-16-00001-A Licensing and Registration of Gaming Facility Employees and Vendors  

  • 10/12/16 N.Y. St. Reg. SGC-32-16-00001-A
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 41
    October 12, 2016
    RULE MAKING ACTIVITIES
    NEW YORK STATE GAMING COMMISSION
    NOTICE OF ADOPTION
     
    I.D No. SGC-32-16-00001-A
    Filing No. 898
    Filing Date. Sept. 27, 2016
    Effective Date. Oct. 12, 2016
    Licensing and Registration of Gaming Facility Employees and Vendors
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Amendment of Parts 5303, 5304 and 5307 of Title 9 NYCRR.
    Statutory authority:
    Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1), (2), 1322, 1323, 1324, 1325, 1326 and 1327
    Subject:
    Licensing and registration of gaming facility employees and vendors.
    Purpose:
    To govern the licensing and registration of gaming facility employees and vendors.
    Substance of final rule:
    The proposed amendments to Parts 5303 through 5304 and 5307 of Subtitle T of Title 9 NYCRR clarifies the licensing and registration process required by the New York Gaming Commission (“Commission”) for gaming facility employees and vendors.
    Section 5303.9 clarifies the Commission’s expectations in regard to updating a submitted application. Section 5303.15 (renumbered as section 5303.14) specifies the process and circumstances under which an applicant who has been denied a license or registration, or a licensee or registrant whose license or registration has been revoked, may re-apply for a new license or registration. Section 5307.2 revises language to allow for more entities to be categorized as vendor registrants rather than ancillary casino vendor enterprises. Section 5307.3 designates groups of vendors who are not required to be licensed or registered. Section 5307.5 clarifies the forms required for licensing of casino vendor enterprises or ancillary casino vendor enterprises, the standards applicable to such licensing, the forms required for registration of employees of vendor registrants and the standards applicable to such employee registrants.
    Final rule as compared with last published rule:
    Nonsubstantive changes were made in section 5303.17 and Parts 5305 and 5306.
    Text of rule and any required statements and analyses may be obtained from:
    Kristen Buckley, Acting Secretary, New York State Gaming Commission, One Broadway Center, 6th Fl., Schenectady, NY 12305, (518) 388-3407, email: gamingrules@gaming.ny.gov
    Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
    The Commission removed section 5303.17 as a nonsubstantive change. Additionally, the amendments to Parts 5305 through 5306 are no longer set forth for adoption. These changes do not necessitate a revision to the previously published RIS, RFA, RAFA and JIS statements.
    Initial Review of Rule
    As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
    Assessment of Public Comment
    The Gaming Commission received comments from one entity, Duane Morris LLP on behalf of Tioga Downs Racetrack LLC, in regard to this proposed rulemaking. The Commission has considered each of the comments received and decided that no changes were appropriate at this time. In particular:
    1. Proposed Rule 5303.14(a)(4). The commentator proposed the addition of language “or the interpretation of such statutory or regulatory provision is subsequently modified by the commission.” The Commission disagrees and declines to add the proposed language.

Document Information

Effective Date:
10/12/2016