SGC-28-16-00011-A To Set Forth the Practices and Procedures for the Conduct and Operation of Table Games

9/21/16 N.Y. St. Reg. SGC-28-16-00011-A

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 38

September 21, 2016

RULE MAKING ACTIVITIES

NEW YORK STATE GAMING COMMISSION

NOTICE OF ADOPTION

 

I.D No. SGC-28-16-00011-A

Filing No. 840

Filing Date. Sept. 06, 2016

Effective Date. Sept. 21, 2016

To Set Forth the Practices and Procedures for the Conduct and Operation of Table Games

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

Action taken:

Addition of Part 5323 to Title 9 NYCRR.

Statutory authority:

Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1), (2)(g), 1335(4) and (6)

Subject:

To set forth the practices and procedures for the conduct and operation of table games.

Purpose:

To regulate the conduct and operation of gaming tables.

Substance of final rule:

The addition of Part 5323 of Subtitle T of Title 9 NYCRR will allow the New York State Gaming Commission (“Commission”) to prescribe requirements for the conduct and operation of table games.

Section 5323.1 sets forth the definitions applicable to the Part. Section 5323.2 sets forth the requirement for table game staffing plans, table game equipment schematics and table game layouts to be submitted to the Commission for approval. Section 5323.3 requires a gaming facility licensee to establish a dealer training program as part of its system of internal controls. Sections 5323.4 through 5323.7 set forth the table inventory, opening, shift change and closing requirements for table games. Sections 5323.8 and 5323.9 establish requirements for the distribution and removal of chips and coins. Section 5323.10 sets forth the requirements for the acceptance and exchange of cash and coupons for gaming chips or plaques. Section 5323.11 requires a gaming facility licensee to receive commission approval for minimum and maximum table game wagers. Sections 5323.12 and 5323.13 require a gaming facility licensee to post payout odds and table game rules at a table game. Section 5323.14 requires gaming facility licensees to maintain and make available the complete text of authorized table game rules. Sections 5323.15 and 5323.16 set for the requirements for a progressive table game system and payment of progressive wagers. Section 5323.17 sets forth the requirements for the conduct of table game tournaments. Section 5323.18 requires a gaming facility licensee to submit new table games or new features to the Commission for approval. Section 5323.19 authorizes the temporary operation of a new table game or table game feature.

Final rule as compared with last published rule:

Nonsubstantive changes were made in section 5323.13(a).

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, [phone], email: [e-mail]

Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

The Commission made a nonsubstantive change to section 5323.13 in Part 5323 Table Game Standards. The change does not necessitate a revision to the previously published RIS and consolidated RFA, RAFA and JIS statement.

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 received and decided that no changes were appropriate at this time. In particular:

1. Proposed Rule 5323.2(c) through (e). The commentator requested the 30-day review period be shortened to seven days. The Commission disagrees and reserves the right to the 30-day review for more complex matters.

2. Proposed Rule 5323.5(d). The commentator requested that only discrepancies of $25 or more should be reported to the Commission. The Commission disagrees and believes it is prudent to be notified of all discrepancies.

3. Proposed Rule 5323.10(a)(3). The commentator requested that supervisor approval not be required before a dealer or boxperson distributes chips to a player. The Commission disagrees because the proposed rule does not prescribe the method of obtaining approval.

4. Proposed Rule 5323.17. The commentator suggested that gaming facilities should be allowed to offer tournaments without providing notice to the Commission. The Commission believes that ongoing and/or recurring tournaments do not require notice to the Commission.

5. Proposed Rule 5323.17(a)(3). The commentator requested that the disclosure requirement should be limited to instances where the number of patrons is known in advance of the tournament. The Commission disagrees and believes that the proposed rule should apply in all circumstances.