9/21/16 N.Y. St. Reg. SGC-28-16-00009-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 5308 to Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1), 1328(2), (3) and (11)
Subject:
Licensing and registration of junkets and junket enterprises.
Purpose:
To govern the licensing and registration of junkets and junket enterprises.
Text or summary was published
in the July 13, 2016 issue of the Register, I.D. No. SGC-28-16-00009-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, New York State Gaming Commission, One Broadway Center, P.O. Box 7500, Schenectady, New York 12301, (518) 388-3407, email:
gamingrules@gaming.ny.govInitial 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, Fox Rothschild LLP on behalf of Montreign Operating Company, 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 5308.1: The commentator requested confirmation that a chartered bus tour would not be considered a junket. The Commission believes that a chartered bus tour is not a junket under Racing, Pari-Mutuel Wagering and Breeding Law section 1301(29).
2. Proposed Rule 5308.2(a): The commentator believes the language “affiliate of a gaming facility licensee” is overly broad. The Commission disagrees as the language contained in the proposed rule mirrors Racing, Pari-Mutuel Wagering and Breeding Law section 1328(2).
