SGC-29-15-00015-A Licensing and Registration of Gaming Facility Employees and Vendors  

  • 9/30/15 N.Y. St. Reg. SGC-29-15-00015-A
    NEW YORK STATE REGISTER
    VOLUME XXXVII, ISSUE 39
    September 30, 2015
    RULE MAKING ACTIVITIES
    NEW YORK STATE GAMING COMMISSION
    NOTICE OF ADOPTION
     
    I.D No. SGC-29-15-00015-A
    Filing No. 794
    Filing Date. Sept. 15, 2015
    Effective Date. Sept. 30, 2015
    Licensing and Registration of Gaming Facility Employees and Vendors
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Addition of Parts 5303-5307 to Title 9 NYCRR.
    Statutory authority:
    Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1), 1307(2), 1322, 1323, 1324, 1325, 1326 and 1327
    Subject:
    Licensing and registration of gaming facility employees and vendors.
    Purpose:
    To govern the licensing and registration of gaming facility employees and vendors.
    Text or summary was published
    in the July 22, 2015 issue of the Register, I.D. No. SGC-29-15-00015-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 requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, 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, the Association of Gaming Equipment Manufacturers, 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 5303.3. The commenter seeks clarification as to whether a domestic or foreign agency would be allowed to take fingerprints under proposed rule 5303.3. The Commission believes that proposed rule 5303.3 is sufficiently clear that only the Commission, or representatives approved by the Commission, may undertake fingerprinting.
    2. Proposed Rule 5303.4. The commenter suggests that the photograph required under proposed rule 5303.4 be taken within 12 months, rather than six months, of the date of the individual’s application. The Commission believes that a sufficiently recent photograph is prudent and consistent with Commission practice in other licensing contexts.
    3. Proposed Rule 5303.6. The commenter seeks clarification that the eligibility to work standards, as required under proposed rule 5303.6, do not apply to employees of a foreign holding company of a vendor. The Commission interprets the proposed rule 5303.6 to apply to employment positions performed in the United States. If experience suggests that further clarification is appropriate, the Commission may consider an amendment to the rule.
    4. Proposed Rule 5303.7. The commenter questions the necessity of the requirement of a handwriting exemplar. The Commission believes that it is appropriate to retain discretion to require an applicant to file a handwriting exemplar. The commenter further requests clarification of “all required surety” under proposed rule 5303.7(e). The Commission may consider a clarifying or modifying amendment to such rule in a subsequent rulemaking.
    5. Proposed Rule 5303.9. The commenter suggests that the requirement under proposed rule 5303.9(a)(1) for an applicant’s information, documentation and assurances to “remain current” is too onerous. The Commission believes that the rule as drafted is prudent, but may consider clarifying or modifying such rule in a subsequent rulemaking. The commenter further questions the necessity under proposed rule 5303.9(b) for the Commission to grant permission to file an amendment to an application. The Commission believes that the rule as drafted is prudent, but may consider clarifying or modifying such rule in a subsequent rulemaking.
    6. Proposed Rule 5303.12. The commenter requests that vendor applicants and licensees be notified when a license is granted under proposed rule 5303.12. The Commission believes that proposed rule 5303.12 as drafted, permits the Commission to notify the applicant or the applicable gaming facility licensee and thus is sufficient.
    7. Proposed Rule 5307.1. The commenter suggests that casino vendors should not be required, under proposed rule 5307.1, to obtain a license when they are already licensed or registered as a video lottery gaming agent. The Commission disagrees, because the standards for licensure in video lottery gaming and commercial casino gaming differ. The commenter urges that casino vendors be permitted to transact business in advance of licensure for an initial period of six months, rather than, under proposed rule 5307.1(a), solely for the transaction for which such permission is requested. The Commission disagrees and believes that it is prudent to limit temporary authority to transact business prior to licensure as strictly as possible, in order to maintain the importance of appropriate scrutiny of license applicants.
    8. Proposed Rule 5307.5. The commenter urges that not all owners, managers, supervisory personnel and employees of vendors who provide services to the gaming area should be licensed as key employees under proposed rule 5307.5(b). The Commission disagrees and believes that Racing, Pari-Mutuel Wagering and Breeding Law section 1326(4) requires such licensing scrutiny.
    9. Proposed rule 5307.6. The commenter questions the scope of proposed rule 5307.6(a). Proposed rule 5307.6(a) applies to temporary service providers performing isolated services for one business day or less and does not apply to vendor enterprises or ancillary casino vendors who are required to be licensed.

Document Information