GFB-15-14-00010-E Rules Pertaining to Gaming Facility Request for Application and Related Fees and Related Hearings  

  • 4/16/14 N.Y. St. Reg. GFB-15-14-00010-E
    NEW YORK STATE REGISTER
    VOLUME XXXVI, ISSUE 15
    April 16, 2014
    RULE MAKING ACTIVITIES
    NEW YORK GAMING FACILITY LOCATION BOARD
    EMERGENCY RULE MAKING
     
    I.D No. GFB-15-14-00010-E
    Filing No. 266
    Filing Date. Mar. 31, 2014
    Effective Date. Mar. 31, 2014
    Rules Pertaining to Gaming Facility Request for Application and Related Fees and Related Hearings
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Addition of Parts 600 and 601 to Title 9 NYCRR.
    Statutory authority:
    Racing, Pari-Mutuel Wagering and Breeding Law, sections 1306(4), (9) and 1319
    Finding of necessity for emergency rule:
    Preservation of general welfare.
    Specific reasons underlying the finding of necessity:
    The New York State Gaming Facility Location Board (the “Board”) has determined that immediate adoption of these rules is necessary for the preservation of the general welfare. On March 31, 2014, the Board, which was established by the New York State Gaming Commission, will issue a Request for Applications (“RFA”) for applicants seeking a license to develop and operate a gaming facility in New York State pursuant to the Upstate New York Gaming Economic Development Act of 2013, as amended by Chapter 175 of the Laws of 2013 (the “Act”). The Act authorizes four upstate destination gaming resorts to enhance economic development in Upstate New York. The immediate adoption of these rules is necessary to prescribe required fee information for applicants considering whether or not to submit an application in response to the RFA and to enable the Board to have hearing procedures in place before any potential public hearing occurs. Standard rule making procedures would prevent the Board from commencing the fulfillment of its statutory duties.
    Subject:
    Rules pertaining to gaming facility request for application and related fees and related hearings.
    Purpose:
    To facilitate a fair and transparent process for applying for a license to operate a gaming facility.
    Text of emergency rule:
    Subtitle R of Title 9, Executive, of the NYCRR is amended to name such Subtitle “Gaming Facility Location Board” and add new Parts 600 and 601 as follows:
    PART 600 PUBLIC HEARINGS
    § 600.1. Public Hearings.
    (a) If the New York Gaming Facility Location Board conducts a public hearing, it shall cause the New York Stare Gaming Commission to post a notice of such hearing on the Gaming Commission’s website a reasonable period of time before such meeting.
    (b) Any member of the New York Gaming Facility Location Board may preside over a public hearing as chair of the meeting. The conduct of the meeting shall be in the sole and absolute discretion of the chair, who may decide whom to recognize to speak and limit the time allowed to any speaker and the number of speakers. The chair of the meeting may receive written testimony in the discretion of the chair.
    PART 601 GAMING FACILITY LICENSE FEES
    § 601.1. Gaming Facility License Fees.
    (a) The license fee for a gaming facility license issued by the Gaming Commission pursuant to subdivision 4 of section 1315 of the Racing, Pari-Mutuel Wagering and Breeding Law shall be as follows, unless a gaming facility licensee has agreed to pay an amount in excess of the fees listed below:
    (1) in Zone Two, Region One (Counties of Columbia, Delaware, Dutchess, Greene, Orange, Sullivan and Ulster), as such zone and region are defined in section 1310 of the Racing, Pari-Mutuel Wagering and Breeding Law, the following fees will apply to counties as designated below:
    (i) $70,000,000 for a gaming facility in Dutchess and Orange Counties;
    (ii) $50,000,000 for a gaming facility in Columbia, Delaware, Greene, Sullivan and Ulster Counties, if no license is awarded for a gaming facility located in Dutchess or Orange Counties; and
    (iii) $35,000,000 for a gaming facility in Columbia, Delaware, Greene, Sullivan and Ulster Counties, if a license is awarded for a gaming facility located in Dutchess or Orange Counties.
    (2) $50,000,000 in Zone Two, Region Two (Counties of Albany, Fulton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie and Washington), as such zone and region are defined in section 1310 of the Racing, Pari-Mutuel Wagering and Breeding Law;
    (3) in Zone Two, Region Five (Counties of Broome, Chemung (east of State Route 14), Schuyler (east of State Route 14), Seneca, Tioga, Tompkins, and Wayne (east of State Route 14)), as such zone and region are defined in section 1310 of the Racing, Pari-Mutuel Wagering and Breeding Law, the following fees will apply to counties as designated below:
    (i) $35,000,000 for a gaming facility in Broome, Chemung, Schuyler, Tioga or Tompkins Counties;
    (ii) $50,000,000 for a gaming facility in Wayne or Seneca Counties; and
    (iii) $20,000,000 for a gaming facility in Broome, Chemung, Schuyler, Tioga and Tompkins Counties, if a license is awarded for a gaming facility located in Wayne or Seneca Counties.
    (b) A gaming facility licensee shall pay the required license fee by electronic fund transfer according to directions issued by the Gaming Commission.
    This notice is intended
    to serve only as an emergency adoption, to be valid for 90 days or less. This rule expires June 28, 2014.
    Text of rule and any required statements and analyses may be obtained from:
    Heather McArn, New York State Gaming Commission, 1 Broadway Center, P.O. Box 7500, Schenectady, New York 12301-7500, (518) 388-3408, email: sitingrules@gaming.ny.gov
    Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
    A Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement are not submitted, but will be published in the Register within 30 days of the rule's effective date.

Document Information

Effective Date:
3/31/2014
Publish Date:
04/16/2014