PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of Part 5324 to Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1), (2)(g) and 1335(5)
Subject:
Table game rules.
Purpose:
To set forth the practices and procedures for the conduct and operation of table games.
Substance of proposed rule (Full text is posted at the following State website:www.gaming.ny.gov/):
The addition of Part 5324 of Subtitle T of Title 9 NYCRR will allow the New York State Gaming Commission (“Commission”) to prescribe the rules and payout tables for table games at gaming facilities.
Section 5324.1 sets forth rules applicable to all table games including the shuffling of cards, the opening of the table for gaming, and specific rules for different dealing methods. Sections 5324.3 and 5324.4 set forth the rules and payout odds for wheel games including Big Wheel and Roulette. Section 5324.10 provides the general provisions applicable to all blackjack games. Sections 5324.11-5324.14 prescribe the specific rules and payout odds for each blackjack game. Sections 5324.20-5324.21 prescribe the rules and payout odds for baccarat games. Section 5324.22 prescribes the rules and payout odds for casino war. Section 5324.30 provides the general provisions applicable to all table poker games. Sections 5324.31-41 prescribe the specific rules and payout odds for each table poker game. Section 5324.42 prescribes the rules and payout odds for poker room poker. Sections 5324.50-5324.52 prescribe the rules and payout odds for tile and dice games, including craps and mini-craps.
Text of proposed rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, One Broadway Center, 6th Floor, Schenectady, NY 12305, (518) 388-3407, email: kristen.buckley@gaming.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY: Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) section 104(19) grants authority to the Gaming Commission (“Commission”) to promulgate rules and regulations that it deems necessary to carry out its responsibilities. Racing Law section 1307(1) authorizes the Commission to adopt regulations that it deems necessary to protect the public interest in carrying out the provisions of Racing Law Article 13.
Racing Law section 1307(2)(g) requires the Commission to regulate the definitions, rules, odds and methods of operation for games.
Racing Law section 1335(5) requires the Commission to regulate the conduct of gaming and all wagers and pay-offs of winning wagers.
Racing Law section 1335(5) requires the Commission to assure that gaming facilities offer fair odds to their patrons.
2. LEGISLATIVE OBJECTIVES: The above referenced statutory provisions carry out the legislature’s stated goal “to tightly and strictly” regulate casinos “to guarantee public confidence and trust in the credibility and integrity of all casino gambling in the state and to prevent organized crime from any involvement in the casino industry” as set forth in Racing Law section 1300(10).
3. NEEDS AND BENEFITS: The proposed rules implement the above listed statutory directives regarding the rules and payout odds for table games. These rules were developed to ensure the vitality of casino operations and that fair odds are offered to patrons at all gaming facilities in State of New York. The rules will provide consistency amongst the gaming facilities for the conduct of table games and will further ensure fair play to patrons. The Commission assessed the best practices from other jurisdictions as well as the Native American gaming facilities in developing these rules to provide a superior patron experience.
4. COSTS:
(a) Costs to the regulated parties for the implementation of and continuing compliance with these rules: These rules set forth the rules for table games and do not result in any costs to the regulated parties.
(b) Costs to the regulating agency, the State, and local governments for the implementation of and continued administration of the rule: Based upon the Commission’s experience, it is anticipated that the costs to the Commission for the implementation of and continued administration of these rules is negligible. These rules will not impose any additional costs on local governments.
(c) The information, including the source or sources of such information, and methodology upon which the cost analysis is based: The cost estimates are based on the Commission’s experience regulating racing and gaming activities within the State.
5. LOCAL GOVERNMENT MANDATES: There are no local government mandates associated with these rules.
6. PAPERWORK: The rule is not expected to impose any significant paperwork or reporting requirements for regulated entities.
7. DUPLICATION: These rules do not duplicate, overlap or conflict with any existing State or federal requirements.
8. ALTERNATIVES: The Commission consulted stakeholders and reviewed other gambling jurisdiction best practices and regulations. Alternatives were discussed and considered with stakeholders and compared to other jurisdiction regulations. These included the specifications relating to the opening of table games, the order the cards are collected by the dealer at the completion of a round of play, the rules regarding misdeals in card games, the rules regarding and the use of cutting and cover cards, and the maximum number of players allowed for specific games.
9. FEDERAL STANDARDS: There are no federal standards applicable to the licensing of gaming facilities in New York; it is purely a matter of New York State law.
10. COMPLIANCE SCHEDULE: The Commission anticipates that the affected parties will be able to achieve compliance with these rules upon adoption.
Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
These rules establish the standards for the table game rules and will not have any adverse impact on small businesses, local governments, jobs or rural areas.
These rules do not impact local governments or small businesses as it is not expected that any local government or small business will hold a gaming facility license.
These rules impose no adverse impact on rural areas. These rules apply uniformly throughout the state.
These rules will have no adverse impact on job opportunities.
These rules will not adversely impact small businesses, local governments, jobs, or rural areas. Accordingly, a full Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, and Job Impact Statement are not required and have not been prepared.
