SGC-15-14-00001-E Implementation of Rules Pertaining to Gaming Facility Request for Application and Gaming Facility License Application

4/16/14 N.Y. St. Reg. SGC-15-14-00001-E

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 15

April 16, 2014

RULE MAKING ACTIVITIES

NEW YORK STATE GAMING COMMISSION

EMERGENCY RULE MAKING

 

I.D No. SGC-15-14-00001-E

Filing No. 263

Filing Date. Mar. 31, 2014

Effective Date. Mar. 31, 2014

Implementation of Rules Pertaining to Gaming Facility Request for Application and Gaming Facility License Application

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Addition of sections 5300.1-5300.5 to Title 9 NYCRR.

Statutory authority:

Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1305(20) and 1307(2)

Finding of necessity for emergency rule:

Preservation of general welfare.

Specific reasons underlying the finding of necessity:

The Commission has determined that immediate adoption of these rules is necessary for the preservation of the general welfare. On March 31, 2014, the Gaming Facility Location Board, which the Commission established pursuant to section 109-a of the Racing, Pari-Mutuel Wagering and Breeding Law (the “PML”), 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 the form of the RFA and the information required to be submitted therewith, as required by subdivision 2 of section 1307 of the PML, to enable the Gaming Facility Location Board to carry out its statutory duties. Standard rule making procedures would prevent the Gaming Facility Location Board from commencing the fulfillment of its statutory duties.

Subject:

Implementation of rules pertaining to gaming facility request for application and gaming facility license application.

Purpose:

To facilitate a fair and transparent process for applying for a license to operate a gaming facility.

Substance of emergency rule:

This addition of Part 5300 of Subtitle T of Title 9 NYCRR will add new Sections 5300.1 through 5300.5 to allow the New York State Gaming Commission (“Commission”) to prescribe the form of the applications for a gaming facility license.

The new Part of the Gaming Commission regulations describes the form of application for applicants seeking a gaming facility license and the information the applicant must provide. Section 5300.1 sets forth the form of the application including disclosure of identifying information, finance and capital structure of the proposed gaming facility, economic and market analysis, proposed land and design of facility space, assessment of local support and plans to address regional tourism, problem gambling, workforce development and resource management. Section 5300.2 describes the scope of background information the applicant and related parties must provide in three disclosure forms, the Gaming Facility License Application Form, the Multi-Jurisdictional Personal History Disclosure Form and the Multi-Jurisdictional Personal History Disclosure Supplemental Form. Section 5300.3 describes the process by which all applicants for a gaming facility license shall submit fingerprints as part of a background investigation. Section 5300.4 describes the applicant’s duty to update its application with any updates following submission of the application. Section 5300.5 describes the application fee and procedure for refunding a portion of such fee in certain circumstances.

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:

Kristen Buckley, New York State Gaming Commission, 1 Broadway Center, P.O. Box 7500, Schenectady, New York 12301-7500, [phone], email: [e-mail]

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.