SGC-19-16-00013-A Surveillance Standards for a Licensed Gaming Facility  

  • 7/20/16 N.Y. St. Reg. SGC-19-16-00013-A
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 29
    July 20, 2016
    RULE MAKING ACTIVITIES
    NEW YORK STATE GAMING COMMISSION
    NOTICE OF ADOPTION
     
    I.D No. SGC-19-16-00013-A
    Filing No. 639
    Filing Date. Jul. 05, 2016
    Effective Date. Jul. 20, 2016
    Surveillance Standards for a Licensed Gaming Facility
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Addition of Part 5314 to Title 9 NYCRR.
    Statutory authority:
    Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1), (2)(k) and 1331
    Subject:
    Surveillance standards for a licensed gaming facility.
    Purpose:
    To govern a gaming facility licensee’s system of procedures and standards for surveillance.
    Text or summary was published
    in the May 11, 2016 issue of the Register, I.D. No. SGC-19-16-00013-P.
    Final rule as compared with last published rule:
    No changes.
    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 Floor, Schenectady, NY 12305, (518) 388-3407, email: gamingrules@gaming.ny.gov
    Initial Review of Rule
    As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 5th year after the year in which this rule is being adopted.
    Assessment of Public Comment
    The Gaming Commission received comments from one entity, Fox Rothschild LLP on behalf of Montreign Operating Company, LLC, in regard to this proposed rulemaking. The Commission has considered each of the comments and decided that no changes are appropriate at this time. Requests for interpretations of rules were not considered to be public comments and, therefore, are not addressed in this assessment. In particular:
    1. Proposed Rule 5314.2(d). The commenter argues that the cost for surveillance and security employees to undergo annual incident management training is unreasonably burdensome. The Commission believes it is prudent to require such training in order to promote public health and safety in licensed gaming facilities.
    2. Proposed Rule 5314.3(b). The commenter suggests that a Commission representative also should be required to sign the monitoring room entry log. The Commission disagrees because the anonymity of a Commission representative may be desired in certain investigations and the rule as drafted is consistent with practices in licensed video lottery gaming facilities.
    3. Proposed Rule 5314.7(a). The commenter suggests that the retention requirement for routine activity recordings should be reduced from 14 to seven days. The Commission reviewed retention requirements from other jurisdictions and believes that the rule as drafted is reasonable.
    4. Proposed Rule 5314.7(c). The commenter disagrees that the Commission should be provided original recordings of internal control violations and criminal activity and instead suggests that the Commission have daily access to such recordings. The Commission believes that the rule as drafted is prudent, but may consider clarifying or modifying such rule in a subsequent rulemaking.

Document Information

Effective Date:
7/20/2016
Publish Date:
07/20/2016