N.Y. Comp. Codes R. & Regs. tit. 9 § 5324.42

Current through Register Vol. 46, No. 53, December 31, 2024

Section 5324.42 - Poker

(a) Equipment and layout.

(1) Poker shall be played on a table that has positions for no more than 11 players and a dealer.

(2) The layout for a poker table shall contain, at a minimum:

(i) the name and/or logo of the gaming facility offering the game; and

(ii) a designated holding area located to the right of the dealer for the collection of the rake prior to final placement of the rake in the chip tray.

(3) Each poker table shall have a designated area for the placement of at least one deck of cards. This area may be part of the chip tray.

(4) Each poker table shall have a tip box attached to the dealer's side of the gaming table.

(5) Cards; number of decks.

(i) Poker shall be played with one deck of cards with backs of the same color and design and one additional cover card. Two decks of cards shall be maintained for use at each poker table at all times. Each deck maintained at the poker table shall be visually distinguishable from the other deck. While one deck is in use, the other deck shall be stored in a designated area, unless an automated card shuffling device is being used.

(ii) Each gaming day, decks of cards with distinguishable card backings shall be distributed among all open poker tables in a manner determined by a supervisor. When distributing the decks among tables the supervisor shall consider, at a minimum, the table limits, the location of the table and the type of poker available at each table.

(iii) If an automated card shuffling device is being used, a gaming facility shall use both decks of cards and:

(a) the backs of the cards in the two decks shall be different colors;

(b) one deck shall be shuffled by the automated card shuffling device while the other deck is being dealt or used to play the game; and

(c) both decks shall be alternated in and out of play continuously, with each deck being used for every other round of play.

(6) To facilitate the collection of the rake, a gaming facility may use poker rake chips.

(i) Poker rake chips shall be used only by dealers and may be substituted only for value chips that have been collected as part of the rake prior to the rake being placed in the drop box.

(ii) Unused poker rake chips shall be kept by the dealer in the chip tray.

(iii) The denominations that may be used for poker rake chips are $2, $3 or $4.

(b) Poker rankings.

(1)The rank of the cards used in all types of poker other than low poker, for the determination of winning hands, in order of highest to lowest rank, shall be: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3 and 2. Notwithstanding the foregoing, an ace may be used to complete a straight flush or a straight.

(2) The permissible high poker hands in poker games that result in a five-card hand, in order of highest to lowest rank, are:

(i) royal flush, a hand consisting of an ace, king, queen, jack and 10 of the same suit;

(ii) straight flush, a hand consisting of five cards of the same suit in consecutive ranking, with king, queen, jack, 10 and 9 being the highest-ranking straight flush and ace, 2, 3, 4 and 5 being the lowest-ranking straight flush;

(iii) four of a kind, a hand consisting of four cards of the same rank regardless of suit, with four aces being the highest-ranking four of a kind and four 2s being the lowest-ranking four of a kind;

(iv) full house, a hand consisting of three of a kind and a pair, with three aces and two kings being the highest-ranking full house and three 2s and two 3s being the lowest-ranking full house;

(v) flush, a hand consisting of five cards of the same suit;

(vi) straight, a hand consisting of five cards of consecutive rank, regardless of suit, with an ace, king, queen, jack and 10 being the highest-ranking straight and an ace, 2, 3, 4 and 5 being the lowest-ranking straight; provided, however, that an ace may not be combined with any other sequence of cards for purposes of determining a winning hand;

(vii) three of a kind, a hand consisting of three cards of the same rank regardless of suit, with three aces being the highest-ranking three of a kind and three 2s being the lowest-ranking three of a kind;

(viii) two pairs, a hand consisting of two pairs, with two aces and two kings being the highest-ranking two pairs and two 3s and two 2s being the lowest-ranking two pairs; and

(ix) pair, a hand consisting of two cards of the same rank, regardless of suit, with two aces being the highest-ranking pair and two 2s being the lowest-ranking pair.

(3) When comparing two hands that are of identical poker-hand rank pursuant to the provisions set forth in paragraph (2) of this subdivision or that contain none of the poker hands authorized for that game, the hand that contains the highest-ranking card as provided in paragraphs (1) or (4) of this subdivision, whichever is applicable, that is not contained in the other hand shall be considered the higher-ranking hand. If the hands are of identical rank after the application of this paragraph, the hands shall be considered tied and the pot shall be equally divided among the players with the tied hands.

(4) The rank of the cards used in low poker, for the determination of winning hands, in order of highest to lowest rank, shall be: ace, 2, 3, 4, 5, 6, 7, 8, 9, 10, jack, queen and king; provided, however, that in the game of triple draw low ball deuce to seven the order of highest to lowest rank shall be 2, 3, 4, 5, 6, 7, 8, 9, 10, jack, queen, king and ace.

(5) The ranking of a low poker hand as determined by the holding of a five-card hand shall be the inverse of the rankings for a high poker hand as set forth in paragraph (2) of this subdivision; provided, however, that in all low poker games except for triple draw low ball deuce to seven, straights and flushes shall not be considered for purposes of determining a winning hand at low poker.

(c) Wagers.

(1)Only players who are seated at the poker table may be permitted to receive cards and participate in each betting round.

(2) Depending upon the particular type of poker game being dealt, a player may be required to place:

(i) an ante prior to receiving any cards;

(ii) a predetermined blind bet prior to receiving any cards; or

(iii) a forced bet to initiate a betting round based on that player's up card.

(3) A player may participate in the wagering during a round of play only with chips or plaques. In addition, a player may use coin for the purpose of placing an ante in an amount less than $1 and in denominations of $0.25 or $0.50.

(i) A player may add to such player's chips or plaques and, except as provided in subparagraph (v) of this paragraph, may not remove any chips or plaques from the poker table at any time during ongoing play.

(ii) Cash placed on the table by a player prior to the start of a round may be used to initiate, call or raise a bet if such currency is converted expeditiously into chips or plaques by the dealer in accordance with section 5323.10 of this Subchapter. Coin that is available for use by a player pursuant to this subsection may be used to place an ante in an amount less than $1, and any such coin shall be converted expeditiously into a $1 chip by the dealer upon the pot accumulating an equivalent aggregate value in coin.

(iii) In order to participate in a round of play, a player shall be required to have an amount of chips or plaques on the poker table prior to the start of the round of play that is sufficient to make any bet and at least one bet at the posted table minimum.

(iv) A player who satisfies the requirements of subparagraph (iii) of this paragraph but who depletes such player's funds on the poker table prior to the completion of a round of play shall be deemed to be "all-in."

(a) An "all-in" player shall retain financial interest in the outcome of the round of play, but shall be eligible to win only the amount of the pot to which the player contributed.

(b) An "all-in" player shall continue to receive any cards to which the player would normally be entitled.

(c) Betting shall continue unimpeded among the other players by generating a separate side pot, which only those players shall be eligible to win.

(v) Whenever a player indicates intent to leave a poker table temporarily without relinquishing a seat at the table, the supervisor shall either account for the amount of the player's table stakes prior to the player's departure from the table, take possession of such player's table stakes until the player's return to the table or maintain the player's table stakes on the table until the player's return.

(4) An oral statement by a player of "fold," "check," "call," "raise" or an announcement of a specific-size wager shall be binding on the player if it is such player's turn to act.

(5) A player who announces a bet or raise of a certain amount but places a different amount of chips or plaques in the pot shall be required to correct such bet or raise to the announced amount.

(6) A player shall be considered to have placed a bet if the player:

(i) pushes chips or plaques forward to indicate the intent of placing a bet;

(ii) releases chips or plaques into the pot; or

(iii) releases chips or plaques at a sufficient distance from the player and toward the pot to make it obvious that such release is intended as a bet.

(7) A player shall not be permitted to make a bet and thereafter attempt to increase the amount of that bet.

(i) If the player wishes to add additional chips or plaques to the bet, the player shall indicate at the time the bet is being made that the bet is not yet complete.

(ii) A player who puts the proper amount of chips or plaques into the pot to call a bet, without indicating an intention to raise, may not thereafter raise the previous bet.

(iii) Subject to the posted table wagering limits, a player who announces "raise" may continue to bet chips or plaques until both of such player's hands come to rest in front of the pot.

(8) It shall be the dealer's responsibility to ensure that no player touches any of the chips or plaques once such chips or plaques are placed into the pot.

(9) Unless a raise has been announced orally by a player, such player who puts into the pot a single chip that is larger than required is assumed only to have called the preceding bet and to be awaiting change from the dealer.

(10) Unless specifically posted to the contrary, a player shall be permitted to raise after the player has previously checked in a betting round.

(11) Prior to the cards being dealt, a player following the big blind may place a bet, also known as a straddle, in an amount equivalent to twice the big blind in accordance with the gaming facility's approved system of internal controls.

(d) Opening the table for gaming. After receiving two decks of cards at the table, the dealer shall comply with the requirements of subdivision (b) of section 5324.2 of this Part, except that a minimum of two players is required to inspect visually the cards from each deck prior to game play.

(e) After the cards have been shuffled, stacked and placed on the table in front of the dealer, the dealer shall cut the deck pursuant to subdivision (b) of section 5324.2 of this Part.

(f) Poker overview; general dealing procedures for all types of poker.

(1) Poker shall be conducted in a separate and distinct area of the gaming facility floor.

(2) Poker shall be played by a minimum of two players and a maximum of 11 players. Poker shall be dealt clockwise by a dealer at a poker table.

(3) For all types of poker set forth in this section, the dealer shall not participate in the playing or outcome of the game.

(4) A player shall wager on the cards that the player holds in such player's hand. All bets by a player shall be placed by the dealer in the designated area of the table known as the pot. A player may be required to ante or place a blind bet prior to the receipt of any cards. After each round of cards is dealt, a betting round shall be conducted. Each player shall decide whether to continue contending for the pot by calling or raising the bet of the other players.

(5) In order to win the pot, a player shall make a bet that no other player elects to call or by having the hand of highest rank at the showdown. If two or more players are still in contention for a pot after all cards have been dealt and the final betting round has been completed, there shall be a showdown among the players still in contention to determine which player has the hand of highest rank. Based on the type of poker being played, the winning player may be the player who holds the highest-ranking high poker hand, the highest-ranking low poker hand or both the highest-ranking high and low poker hands.

(6) The dealer shall use the procedures set forth in this paragraph when dealing the game of poker.

(i) The dealer shall choose the hand in which the dealer will hold the cards. Once the dealer has chosen a hand, the dealer shall use that hand whenever holding the cards. The cards held by the dealer shall, at all times, be held in front of the dealer, as level as possible and over the poker table. If during a round of play, the deck must be set down to handle a transaction, the dealer shall place a lammer on top of the deck until the transaction has been completed.

(ii) The dealer shall indicate, verbally or physically, the action that occurs at the poker table with regard to the conduct of the game and instruct each player as to such player's various turns to act and options.

(iii) All burn cards required by this section shall be kept separate from the pile of discarded cards.

(iv) The dealer shall be required to count the entire deck of cards at least once every 15 minutes in order to determine that 52 cards are present. A gaming facility may use an automated card shuffling device to determine if there are an incorrect number of cards. If 52 cards are not present the deck shall be removed from the table by the supervisor and a new deck placed into play.

(v) At the completion of a round of play, the dealer shall award the pot to the winning player or players after a showdown or to the last remaining player if all other players have folded. Prior to pushing the pot to the winner and collecting the winning hand, the dealer shall first collect the cards from all losing players.

(vi) All side pots shall be awarded before the dealer awards the pot in the center of the poker table.

(vii) All discarded hands shall be counted by the dealer to determine that the proper number of cards has been returned.

(viii) The dealer shall collect the rake in accordance with subdivision (n) of this section.

(ix) The dealer shall collect, if applicable, any amount required to be contributed to a jackpot payout fund in accordance with subdivision (s) of this section.

(g) A gaming facility may offer the following types of poker games:

(1) seven-card stud (high, low, high-low split and high-low split eight or better);

(2) Texas hold 'em (high);

(3) Omaha (high, high-low split eight, or better);

(4) five-card draw (high and low);

(5) five-card stud (high); and

(6) pineapple and crazy pineapple.

(h) Seven-card stud poker; procedures for dealing of cards; completion of each round of play.

(1) Each gaming facility shall be required to observe the procedures set forth in this section for each game of seven-card stud high, seven-card stud low, seven-card stud high-low split, or seven-card stud high-low split eight or better poker offered in such gaming facility's poker room.

(2) Each poker table shall be restricted to a maximum of eight players. Each player who elects to participate in a round of play may be required to place an ante. The rule governing the placement of an ante and the amount of the ante, if any, shall be posted on a sign at each poker table.

(3) Starting with the first player to the left of the dealer and continuing in a clockwise rotation around the poker table, the dealer shall deal two cards face down and one card face up to each player.

(4) Once each player has received three cards in accordance with paragraph (3) of this subdivision, the first betting round shall commence by comparing the up card of each player. In the event that two or more up cards are of the same rank, the up cards shall then be ranked by suit, with the highest to lowest ranked suits in order as follows: spades, hearts, diamonds and clubs. A forced bet shall be required to be made by:

(i) for high poker, the player with the lowest ranked up card;

(ii) for low poker, the player with highest-ranked up card, with ranking determined as if the game were one of high poker;

(iii) for high-low split poker, the player with the highest ranked up card. An ace shall be considered ranked below a two; and

(iv) for high-low split eight or better poker, the player with the lowest ranked up card, with an ace considered the highest-ranking card.

(5) Following the placement of the forced bet required by paragraph (4) of this subdivision, each subsequent player may, proceeding in a clockwise rotation from the player who placed the forced bet, fold, call or raise the bet. After the last player has acted to the most recent bet, the betting round shall be considered complete.

(6) Upon completion of the first betting round, the dealer shall burn the top card of the deck and then, starting with the first remaining player to left of the dealer, deal a fourth card face up to each player who made or called the last wager. The next betting round shall commence as follows:

(i) the player with the highest-ranking poker hand showing shall be required to bet or check;

(ii) for seven-card stud low, the player with the highest-ranking low poker hand showing shall be required to bet or check; or

(iii) if the highest-ranking poker hand showing is held by two or more players, the player immediately following the dealer shall be required to bet or check.

(7) Following the initial bet or check required by paragraph (6) of this subdivision, each subsequent player, proceeding in a clockwise rotation, may fold, call, raise or check if the preceding players have not made a bet or check. Each player may check until a bet has been made. Once a bet has been made, the next player in a clockwise rotation may fold, call or raise. After the last player has responded to the most recent bet, the betting round shall be considered complete.

(8) The dealer shall then deal two additional rounds of cards face up and one round of cards face down to each player who made or called the last wager. Prior to each round of cards being dealt, the dealer shall burn the top card of the deck. Notwithstanding the foregoing in this paragraph, if insufficient cards remain in the deck to give each remaining player either a sixth or seventh card, the top card of the deck shall be burned and a common card shall be dealt face up in the center of the table. If there is either one or no card remaining in the deck when a common card is to be dealt, the dealer shall shuffle the burn cards, burn a card and then deal the common card. The dealing of each round of cards or, if applicable, each common card pursuant to this subdivision shall be followed by a betting round conducted in accordance with the provisions of paragraphs (6) and (7) of this subdivision.

(9) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. Each player remaining in the game shall form a five-card poker hand from the seven cards that the player was dealt. This five-card hand shall constitute the poker hand of that player at the showdown. The winner of the pot shall be:

(i) in high poker, the player with the highest-ranking five-card high hand;

(ii) in low poker, the player with the highest-ranking five-card low hand;

(iii) in high-low split poker or high-low split eight or better poker, the player with the highest-ranking five-card high hand and the player with the highest-ranking five-card low poker hand, subject to the provisions of paragraph (10) of this subdivision, who shall divide the pot equally.

(a) If a pot cannot be divided equally, the excess amount, which shall not exceed $1, shall be given to the player with the highest-ranking high hand.

(b) If a tie exists between two or more players for the highest-ranking high hand, the high hand share of the pot shall be divided equally among the tied players. If the high hand share of the pot cannot be divided equally among the tied players, the excess, which shall not exceed $1, shall be given to the player with the highest-ranking high poker card by suit.

(c) If a tie exists between two or more players for the highest-ranking low hand, the low hand share of the pot shall be divided equally among the tied players. If the low hand share of the pot cannot be divided equally among the tied players, the excess, which shall not exceed $1, shall be given to the player with the lowest-ranking low poker card by suit.

(d) For the purposes of this subdivision only the highest to lowest ranked suits in order as follows: spades, hearts, diamonds and clubs.

(10) In seven-card stud high-low split eight or better poker, a winning low hand may not contain any pairs or a 9, 10, jack, queen or king. This condition defines the qualifying clause known as "eight or better." In the event that none of the hands of the remaining players satisfies this requirement, the entire pot shall be awarded to the player with the highest-ranking high hand.

(11) In seven-card stud high-low split poker and seven-card stud high-low split eight or better poker, the player may form two different hands of five cards each out of the player's seven available cards, enabling that player to contend for both the high hand and low hand share of the pot. A player may use the same five-card grouping to make a high poker hand and a low poker hand.

(12) In seven-card stud high-low split poker and seven-card stud high-low split eight or better poker, an ace may be used concurrently as a low card to satisfy a low hand and as a high card to satisfy a high hand.

(i) Texas hold 'em poker; procedures for dealing of cards; completion of each round of play.

(1) Each gaming facility shall be required to observe the procedures set forth in this section for each game of Texas hold 'em poker offered in its poker room. Texas hold 'em poker shall be played to determine a winning high hand only.

(2) Each poker table shall be restricted to a maximum of 11 players. Each player who elects to participate in a round of play may be required to place an ante. The rule governing the placement of an ante and the amount of the ante, if any, shall be posted on a sign at each poker table.

(3) The order in which the cards shall be dealt and the order in which players shall be required or have the option to bet shall be determined at the commencement of play and the button shall be placed in front of:

(i) the first player to the right of the dealer; or

(ii) the player randomly determined by rank of a single card dealt; and

(iii) thereafter, the button shall rotate around the table in a clockwise manner after each round of play.

(4) The player immediately following the button shall be required to initiate the first betting round by placing a blind bet in accordance with the posted table rules. A gaming facility may require additional blind bets to be made immediately subsequent to the initial blind bet. The amount and number of all blind bets required by the gaming facility shall be posted on a sign at each table.

(5) Starting with the player immediately following the button and continuing in a clockwise rotation around the poker table, the dealer shall deal two rounds of cards face down to each player, with the player in possession of the button being the last player to receive a card each time.

(6) Following the placement of the bet or bets, each player shall in a clockwise rotation around the poker table, either fold, call or raise the bet. The option to raise shall also apply to the player who made the blind bet or bets. After the last player has responded to the most recent bet, the betting round shall be considered complete.

(7) The dealer shall then burn the top card of the deck and proceed to deal three community cards face up in the center of the table. The next betting round shall commence with the option to bet or check belonging to the first player immediately following the button who has not folded. Each subsequent player may, in clockwise rotation, fold, call, raise the bet or, if preceding players have not made a bet, make an opening bet or check. The betting round shall be considered complete when each player has either folded or called in response to the most recent bet.

(8) Upon completion of the betting round required by paragraph (7) of this subdivision, the dealer shall again burn the top card of the deck and then deal a fourth community card face up in the center of the table. The next betting round shall be commenced and completed in accordance with the requirements of paragraph (7) of this subdivision.

(9) Upon completion of the betting round required by paragraph (8) of this subdivision, the dealer shall again burn the top card of the deck and then deal a fifth and final community card face up in the center of the table. The final betting round shall be commenced and completed in accordance with the requirements of paragraph (7) of this subdivision.

(10) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. Each player remaining in the game shall form such player's highest-ranking five-card high poker hand by using, in any combination, such player's own two cards and the five community cards available on the table. The winner of the pot shall be the player with the highest-ranking five-card high poker hand. If the highest-ranking five-card high poker hand that each of the remaining players can form comprises the five community cards, all players remaining in the round of play shall share equally in the pot.

(j) Omaha poker; procedures for dealing of cards; completion of each round of play.

(1) Each gaming facility shall be required to observe the procedures set forth in this section for the game of Omaha high and Omaha high-low split eight or better poker.

(2) Each poker table shall be restricted to a maximum of 10 players. Each player who elects to participate in a round of play may be required to place an ante. The rule governing the placement of an ante and the amount of the ante, if any, and the kill or half-kill option, if offered, shall be posted on a sign at each poker table.

(3) The order in which the cards shall be dealt and the order in which players shall be required or have the option to bet shall be determined in accordance with the procedures set forth in paragraph (4) of this subdivision.

(4) Starting with the player immediately following the button and continuing in a clockwise rotation around the poker table, the dealer shall deal four rounds of cards face down to each player with the player in possession of the button being the last player to receive a card each time.

(5) After each player is dealt four cards face down, an initial blind bet and all subsequent dealing and betting rounds shall be completed in accordance with the provisions of paragraphs (4) and (6) through (9) of this subdivision.

(6) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. Each player remaining in the game shall form a five-card poker hand by using two of the four cards dealt to the player and three of the five community cards. This five-card hand shall constitute the poker hand of the player at the showdown. The winner of the pot shall be:

(i) in high poker, the player with the highest-ranking five-card high poker hand; or

(ii) in high-low split eight or better poker, the player with the highest-ranking five-card high poker hand and the player with the highest-ranking five-card low poker hand, subject to the provisions of paragraph (7) of this subdivision, who shall divide the pot equally.

(a) If a pot cannot be divided equally, the excess amount, which shall not exceed $1, shall be given to the player with the highest-ranking high hand.

(7) In Omaha high-low split-eight-or-better poker, a low hand shall occur when three cards with a value of eight or less are present in the community cards. In the event that the community cards do not have a value of eight or less, the entire pot shall be awarded to the player with the highest-ranking high poker hand. Straights and flushes do not count against players for low hand requirements.

(8) The following shall apply only in Omaha high-low split-eight-or-better poker:

(i) a player may form two different hands of five cards each, enabling that player to contend for both the high hand and low hand share of the pot;

(ii) a player may use the same five-card grouping to make a high hand and a low hand; and

(iii) an ace may be used concurrently as a low card to satisfy a low hand and as a high card to satisfy a high hand.

(9) In Omaha high-low split-eight-or-better poker, an optional kill or half-kill may be offered. A kill lammer, indicating the kill or half-kill is in effect, shall be placed in front of the player who wins the entire pot in the hand, provided that the amount of the pot is in excess of an established dollar amount or multiple of the minimum permissible wager for the hand, as determined by the gaming facility. In the succeeding hand, the player shall be required to place no more than one blind bet in the amount of the increased permissible minimum wager for the hand, notwithstanding that the player may be required to place a blind bet to initiate the first round of betting pursuant to paragraph (5) of this subdivision. Any other player required to place a blind bet to initiate the first round of betting shall be required to place a blind bet in accordance with the posted table game rules. If, in the succeeding hand, a qualifying pot is not split between one player winning the high hand and another player winning the low hand, the kill lammer shall be moved in front the player who wins the entire pot for that hand. The kill or half-kill shall remain in effect until a pot does not qualify in amount or a pot is split between a player winning the high hand and a player winning the low hand. Once a pot does not qualify in amount or is split between two players, the dealer shall collect the kill lammer.

(k) Five-card draw poker; procedures for dealing of cards; completion of each round of play.

(1)A gaming facility shall observe the procedures set forth in this section for the game of five-card draw high and five-card draw low poker.

(3) The order in which the cards shall be dealt and the order in which players shall be required or have the option to bet shall be determined in accordance with the procedures governing the use of a button as set forth in paragraph (3) of subdivision (h) of this section.

(4) Starting with the player immediately following the button and continuing in a clockwise rotation around the poker table, the dealer shall deal five rounds of cards face down to each player with the player with the button being the last player to receive a card each time.

(5) After each player has been dealt five cards face down, an initial betting round shall be completed in accordance with the provisions of paragraphs (4) and (6) of subdivision (h) of this section.

(i) prior to the first player receiving any new cards, the dealer shall burn the top card of the deck; and

(ii) if insufficient cards remain in the deck for each player remaining in the round of play to draw new cards, the discard pile shall be re-shuffled and used for this purpose; provided, however, that the cards to be discarded by a player who has not yet requested new cards shall not be included as part of the re-shuffled cards.

(7) The final betting round shall commence with the option to bet or check belonging to the first player immediately following the button who has not folded. Each subsequent player may, in clockwise rotation, fold, call, raise the bet or, if preceding players have not made a bet, make an opening bet or check. The final betting round shall be considered complete when the last player has responded to the most recent bet or check.

(8) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. The winner of the pot shall be:

(i) in high poker, the player with the highest-ranking five-card high hand; and

(ii) in low poker, the player with the highest-ranking five-card low hand.

(l) Triple-draw low-ball deuce-to-seven; procedures for dealing of cards; completion of each round of play.

(1)A gaming facility shall observe the procedures set forth in this section for the game of triple-draw low-ball deuce-to-seven.

(2) Each poker table shall be restricted to a maximum of seven players. Each player who elects to participate in a round of play may be required to place an ante. The rule governing the placement of an ante and the amount of the ante, if any, shall be posted on a sign at each poker table.

(4) Starting with the player to the immediate left of the button and continuing in a clockwise rotation around the poker table, the dealer shall deal five rounds of cards face down to each player with the player in possession of the button being the last player to receive a card each time.

(6) After completion of the initial betting round, each player remaining in the round of play, starting with the player immediately following the button and continuing in a clockwise rotation around the poker table, shall have an opportunity to draw new cards one player at a time. Prior to the first player receiving any new cards, the dealer shall burn the top card of the deck. Each player may keep such player's original hand or discard as many cards as such player chooses. Each discarded card shall be replaced by the dealer with a new card dealt from the deck. If an insufficient number of cards remain in the deck for a player to draw new cards, all discarded cards, except for the cards discarded by that player, shall be re-shuffled and the new cards shall be dealt to the player.

(7) After the completion of discarding and drawing new cards, the second betting round shall be completed in accordance with the provisions of paragraph (6) of subdivision (j) of this section.

(8) After the second betting round, each player remaining in the round of play, starting with the player immediately following the button and continuing in a clockwise rotation around the poker table, shall have an opportunity to draw new cards one player at a time. Each player may keep such player's original hand or discard as many cards as such player chooses. Each discarded card shall be replaced by the dealer with a new card dealt from the deck in accordance with paragraph (6) of this subdivision.

(9) After the completion of discarding and drawing new cards, the third betting round shall be completed in accordance with the provisions of paragraph (6) of subdivision (j) of this section.

(10) After the third betting round, each player remaining in the round of play, starting with the player immediately following the button and continuing in a clockwise rotation around the poker table, shall have an opportunity to draw new cards one player at a time. Each player may keep such player's original hand or discard as many cards as the player chooses. Each discarded card shall be replaced by the dealer with a new card dealt from the deck in accordance with the provisions of paragraph (6) of this subdivision.

(11) After the completion of discarding and drawing new cards, the fourth and final betting round shall commence with the option to bet or check belonging to the first player immediately following the button who has not folded. Each subsequent player may, in clockwise rotation, fold, call, raise the bet, or, if preceding players have not made a bet, make an opening bet or check. The final betting round shall be considered complete when the last player has responded to the most recent bet.

(12) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. The winner of the pot shall be the player with the lowest-ranking hand as determined by paragraphs (6) and (7) of subdivision (c) of this section.

(m) Five-card-stud poker; procedures for dealing of cards; completion of each round of play.

(1)A gaming facility shall observe the procedures set forth in this section for the game of five-card-stud high poker. Five-card-stud shall be played to determine a winning high hand only.

(3) Starting with the first player to the left of the dealer and continuing in a clockwise rotation around the poker table, the dealer shall deal one round of cards face down and one round of cards face up to each player.

(4) Once each player has received two cards, the first betting round shall commence by comparing the up card of each player. The player with the lowest ranked up card, which shall be determined by suit in accordance with the provisions of paragraph (4) of subdivision (i) of this section if two or more players have an up card of the same rank, shall be required to make a forced bet.

(5) Following the forced bet, each subsequent player may, proceeding in a clockwise rotation from the player who placed the forced bet, fold, call or raise the bet. After the last player has responded to the most recent bet, the betting round shall be considered complete.

(6) Upon completion of the first betting round, the dealer shall burn the top card of the deck and then deal another round of cards face up to each player who made or called the last wager. The next betting round shall be commenced by the player with the highest-ranking high poker hand showing. If two or more hands are of equal rank, the player immediately following the dealer shall be required to bet. The betting round shall be completed in accordance with the procedures in paragraph (5) of this subdivision.

(7) The dealer shall then deal two additional rounds of cards face up to each player who made or called the last wager, with each such round followed by a betting round conducted in accordance with the provisions of paragraph (6) of this subdivision. Prior to each round of cards being dealt, the dealer shall burn the top card of the deck.

(n) Pineapple and crazy pineapple; procedures for dealing of cards; completion of each round of play.

(1) Each gaming facility shall be required to observe the procedures set forth in this subdivision for each game of pineapple and crazy pineapple offered in a poker room. Pineapple and crazy pineapple shall be played to determine a winning high hand only.

(3) The order in which the cards shall be dealt and the order in which players shall be required or have the option to bet shall be determined as follows:

(i) the button shall be used to indicate an imaginary dealer; and

(ii) at the commencement of play, the button shall be placed in front of:

(a) the first player to the right of the dealer; or

(b) the player randomly determined by rank of a single card dealt; and

(c) thereafter, the button shall rotate around the table in a clockwise manner after each round of play.

(5) Starting with the player immediately following the button and continuing in a clockwise rotation around the poker table, the dealer shall deal three rounds of cards face down to each player, with the player in possession of the button being the last player to receive a card each time.

(6) Following the placement of the bet or bets, each player shall, in a clockwise rotation around the poker table, either fold, call or raise the bet. The option to raise shall also apply to the player who made the blind bet or bets. After the last player has responded to the most recent bet, the betting round shall be considered complete.

(7) For the game of pineapple, each player shall then discard one of its three hole cards.

(8) The dealer shall then burn the top card of the deck and proceed to deal three community cards face up in the center of the table.

(9) For the game of crazy pineapple, once these community cards are dealt, each player shall then discard one of such player's three hole cards.

(10) The next betting round shall commence with the option to bet or check belonging to the first player immediately following the button who has not folded. Each subsequent player may, in clockwise rotation, fold, call, raise the bet or, if preceding players have not made a bet, make an opening bet or check. The betting round shall be considered complete when each player has either folded or called in response to the most recent bet.

(11) Upon completion of the betting round required by paragraph (10) of this subdivision, the dealer shall again burn the top card of the deck and then deal a fourth community card face up in the center of the table. The next betting round shall be commenced and completed in accordance with the requirements of paragraph (10) of this subdivision.

(12) Upon completion of the betting round required by paragraph (11) of this subdivision, the dealer again shall burn the top card of the deck and then deal a fifth and final community card face up in the center of the table. The final betting round shall be commenced and completed in accordance with the requirements of paragraph (10) of this subdivision.

(13) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. Each player remaining in the game shall form such player's highest-ranking five-card high poker hand by using, in any combination, such player's own two cards and the five community cards available on the table. The winner of the pot shall be the player with the highest-ranking five-card high poker hand. If the highest-ranking five-card high poker hand that each of the remaining players can form is comprised of the five community cards, all players remaining in the round of play shall share equally in the pot.

(o) Poker revenue.

(1) The gaming facility shall derive its poker revenue at all poker tables by extracting the rake. Each gaming facility shall submit to the commission in its system of internal controls:

(i) the system of rake used;

(ii) the methodology used for calculating the rake; and

(iii)the amount of maximum permissible rake.

(2) Each gaming facility shall use one or more of the following procedures in determining and collecting the rake:

(i) A straight percentage rake, pursuant to which:

(a) a fee, not to exceed 10 percent of all sums bet in the betting round, shall be collected from a pot and any side pots;

(b) the amount to be raked shall be calculated and collected from the pot and any side pots after the conclusion of a betting round and placed into the designated rake area or drop box pursuant to subdivision (b) of this section as play progresses; and

(c) upon completion of a hand, the rake shall be immediately placed by the dealer into the designated rake area or drop box.

(ii) A rake shall be taken in incremental amounts, pursuant to which:

(a) assessments of predetermined amounts shall be collected from the pot and any side pots as certain predetermined dollar levels have been achieved;

(b) upon collection, the amount to be raked shall be placed into the designated rake area pursuant to subdivision (b) of this section; and

(c) upon completion of a round of play, the rake shall be placed immediately by the dealer into the designated rake area or drop box.

(iii) A rake based on time charges, pursuant to which:

(a) assessments may be imposed on a per-player basis or on a per-table basis. If taken on a per-player basis, inactive players seated at the table shall also be assessed;

(b) time charges shall be expressed as an hourly fee based on the particular minimum and maximum wagering limits at a game;

(c) time charges may be assessed fractionally as determined by the gaming facility;

(d) time charges, once assessed, shall be placed by the dealer into the designated rake area pursuant to subdivision (b) of this section; and

(e) upon verification by a floorperson or supervisor of the time charges collected, the rake shall be placed immediately by the dealer into the drop box.

(3) A sign describing the type and amount of rake to be collected pursuant to paragraph (2) of this subdivision shall be posted at each poker table in accordance with the requirements of subdivision (c) of this section.

(4) An uncalled final bet shall not be considered part of the pot for purposes of calculating the amount of rake pursuant to the methods set forth in paragraph (2) of this subdivision.

(5) Once the dealer has collected the rake and the pot and any side pots have been collected by the winning player or players, no additional rake shall be taken by the gaming facility.

(p) Irregularities.

(1) Misdeals shall cause all the cards to be returned to the dealer for a re-shuffle. The following errors shall be cause for a misdeal:

(i) failure to shuffle and cut the cards in accordance with subdivision (e) of this section;

(ii) dealing to an incorrect starting position if the error has been detected prior to two players voluntarily placing wagers into the pot;

(iii) if more than one card is found face-up in the deck; and

(iv) failure to deal to an eligible seated player, if the error has been detected prior to two or more players voluntarily placing wagers into the pot.

(2) If one or more cards are mistakenly dealt to an ineligible player, only those cards dealt to such player shall be discarded and the round of play shall continue.

(3) If at any time during a round of play, missing cards are discovered or additional cards are found, the round of play shall be called dead, all chips and plaques in the pot shall be returned to the appropriate player and the deck shall be replaced.

(4) A card found face up in the deck shall not be used in the game and shall be placed with the pile of discarded cards.

(5) A player who fails to take reasonable means to protect such player's hand shall have no redress if such hand becomes a fouled hand or the dealer accidentally collects the hand.

(i) Hole cards in a game of stud poker shall be considered protected for purposes of fouling a hand.

(ii) If a protected hand comes into contact with discarded cards, every effort shall be made to reconstruct the hand and complete the round of play.

(iii) A player who has a protected hand collected by the dealer or fouled by discarded cards shall be entitled to a refund from the pot of all monies that the player put in the pot if the player has been a victim of and not a contributor to the error.

(iv) A player who leaves the table without comment and has an unprotected hand shall be assumed to have no interest in the pot, and such player's cards shall be collected and discarded.

(6) In seven-card stud, if a player's first or second hole card accidentally is turned face up in the dealing process; the third card shall be dealt face down. If both hole cards accidentally are turned face up, the dealer shall collect the two cards, call the player's hand dead and return the player's ante, if applicable. If a player's third hole card accidentally is turned face up in the dealing process, the player shall be afforded the option to either:

(i) end such player's obligation to make additional wagers and contend only for that part of the pot formed prior to any additional wagering; or

(ii) continue to contend for the entire pot.

(7) In five-card stud, if a player's hole card accidentally is turned face up in the dealing process, the second card shall be dealt face down.

(8) If a card accidentally is dealt off the table, such card shall not be used in that round of play and shall be placed with the pile of discarded cards after a thorough examination by the dealer.

(9) In the games of Texas hold 'em and Omaha, if any of the cards dealt face down to a player accidentally is dealt face up, the dealer shall exchange the exposed card with a card from the top of the deck and either:

(i) place the exposed card face down with the pile of discarded cards; or

(ii) use the exposed card as a face up burn card before the flop.

(q) Announcement of available games and seats. A gaming facility shall be permitted to announce in those areas of a gaming facility where poker tables are located the particular types of poker games, the minimum/maximum wagers that are being offered and the availability of any vacant seats at particular poker tables.

(r) Jackpot payouts; posting of rules; contributions; displaying of payout amount; procedures for implementation.

(1) A gaming facility may offer jackpot payouts for qualifying high hands and bad beats made during a qualifying period in accordance with such gaming facility's approved system of internal controls. Jackpot payouts shall be made from a separate fund created from pot contributions required at tables where the jackpot payout is offered and shall be paid in accordance with the procedures established pursuant to this subdivision.

(2) A gaming facility shall post a jackpot payout notice advising players of eligibility for the jackpot payout. The gaming facility shall display the current amount of the jackpot payout and post such amount in a conspicuous location within the poker room the jackpot payout rules that shall include:

(i) the collection and qualifying periods for the jackpot payout;

(ii) the maximum contribution amount that will be collected from each pot to fund the jackpot payout;

(iii) the minimum pot amount required before the contribution to the jackpot is collected;

(iv) the minimum number of players who shall be dealt into a hand to qualify for a jackpot payout;

(v) the division of the jackpot payout if two or more players have the same value qualifying hand during a qualifying period;

(vi) any time limits on collecting jackpot payouts, including a statement notifying players that players do not need to be present at the end of the qualifying period to win the jackpot payout; and

(vii) any restrictions on collecting a jackpot payout including a statement notifying players that valid identification shall be presented for a player's hand to qualify for a jackpot payout.

(3) A gaming facility shall collect from each pot at a poker table designated for participation in a jackpot payout a prescribed contribution to the jackpot payout. The contribution amount shall be collected in accordance with the high hand jackpot payout rules as specified in the gaming facility's approved system of internal controls. After the dealer has collected the rake, the amount from each pot to be contributed to a jackpot payout shall be determined, segregated from the pot and deposited into the jackpot payout box.

(4) At the start of each qualifying period, dealers shall begin tracking hands. When a player has a qualifying hand determined by the facility, the dealer shall call a floorperson or above who shall verify the hand and record the value on the qualifying hand tracking form. As the rank of the qualifying hands increases during the qualifying period, the rank of the newest qualifying hand shall be announced and the floorperson or above shall record on the qualifying hand tracking form the rank of the newest qualifying hand. The qualifying hand tracking form shall contain:

(i) the name, phone number and seat number of the player with the qualifying hand;

(ii) the table number;

(iii) the rank of the qualifying hand;

(iv) the dealer's name and gaming registration or license number; and

(v) the signature and gaming license number of the floorperson or above who verified the qualifying hand.

(5) When the qualifying period has ended, the contribution amount collected during the qualifying period shall be counted, verified and taken to the main cage or satellite cage. The pooled contribution amounts from all poker tables that participated in the qualifying period shall then be announced and displayed.

(6) The player or players with the best qualifying hand during the qualifying period shall be awarded the jackpot payout. Jackpot payouts shall be paid from the main cage or satellite cage.

(7) If, however, a qualifying hand determined by the facility was not made by any player during the qualifying period, the jackpot payout contribution amounts shall be added to the next jackpot payout qualifying period.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5324.42

Adopted New York State Register November 16, 2016/Volume XXXVIII, Issue 46, eff. 11/16/2016