N.Y. Comp. Codes R. & Regs. tit. 9 § 5115.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5115.9 - Operation certificate; amendment to conform to approved changes

(a) Each video lottery gaming agent shall serve on the commission, in a manner and in a format prescribed by the commission, an application to amend such agent's operation certificate whenever the video lottery gaming agent proposes a physical change to the video lottery gaming facility or a restricted area that requires commission approval in order for such agent's original operation certificate or any approved amendments thereto to continue in force and effect. The application for an amended certificate shall include, without limitation, the following:

(1) a revised video lottery gaming facility floor plan or restricted area reflecting the proposed change, which revised floor plan shall be submitted in a format approved in writing by the commission and filed therewith; and

(2) a statement from an architect or other suitable professional licensed to practice in New York certifying that the proposed change as presented will be in compliance with State building code and these regulations.

(b) The commission shall review the proposed change set forth in the application for an amended certificate or any amendments thereto for compliance with the act and these regulations and shall issue a determination and, if approved, notice to proceed, within a reasonable time after receipt of the application to amend.

(c) The video lottery gaming agent submitting an application to amend such agent's operation certificate pursuant to subdivision (a) of this section shall notify the commission in writing within five days of final completion of any proposed change. A floor plan that depicts the actual changes made shall accompany the notice and be filed with the commission. Each such floor plan shall depict the change and shall include updates, based on the actual changes made, for each item required to be included in the application pursuant to subdivision (a) of this section and described in the notice; provided, however, that a floor plan of the entire video lottery gaming facility that depicts all changes proposed in the application and any amendment thereto shall accompany the notice of final completion.

(d) Promptly after the filing of a notice pursuant to subdivision (c) of this section, the commission shall inspect the physical changes actually made to the video lottery gaming facility to ensure that those changes conform to the floor plan accompanying the notice and the description previously submitted to the commission, as modified by any properly filed amendments thereto. Following such inspection, the commission shall notify the video lottery gaming agent in writing as to which physical change is approved and which is rejected, whereupon:

(1) The video lottery gaming agent, in the event any change is rejected, shall either:

(i) correct any rejected change to conform with the floor plan accompanying the notice and the description previously submitted to the commission, as modified by any properly filed amendments thereto, which correction shall be completed and inspected pursuant to this section;

(ii) submit for approval, pursuant to subdivision (a) of this section, a new application for the proposed change; or

(iii) take such other action as the commission may direct to ensure that the currently approved floor plan accurately depicts the physical layout of the video lottery gaming facility, including any restricted areas.

(2) The operation certificate shall be amended to conform to each inspected and approved physical change.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5115.9