N.Y. Comp. Codes R. & Regs. tit. 9 § 5316.5

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

Section 5316.5 - Opening; counting and recording of drop box contents

(a) The contents of the drop boxes shall be counted and recorded in the count room in conformity with this section unless the commission expressly has approved in writing an alternative plan submitted by the gaming facility licensee. Under no circumstances shall the gaming facility licensee conduct counting and recording of the drop box contents in a manner that does not comply with the one set forth in this Subchapter or one that has been approved in writing by the commission.

(b) A gaming facility licensee shall maintain on file with the commission the specific times during which the drop boxes are to be removed from games and the specific times during which the contents of the drop boxes are to be counted and recorded. Drop boxes shall be removed from games and be counted and recorded with sufficient frequency to allow daily electronic funds transfers of all money owed to the commission and the State of New York, including tax and other withholdings, as applicable.

(c) The opening, counting and recording of the contents of drop boxes shall be performed in the presence of a person designated to supervise the count. To gain entrance to the count room, an employee shall present a gaming facility credential with photograph.

(d) All persons present in the count room during the count process, except for auditors, commission and security personnel, shall wear a full-length, short sleeve (no longer than mid-forearm), one-piece, pocketless outer jumpsuit with openings only for the arms, feet and neck, unless another type of garment is approved in writing by the commission. The gaming facility licensee shall file with the commission procedures governing the proper wearing and immediate inspection of jumpsuits worn by the count team members to ensure that items are not removed from the count room without proper authority and that the jumpsuits have not been altered in any way. The count team is prohibited from removing the jumpsuits from the gaming facility. No person present in the count room shall:

(1) carry a pocketbook or other container, unless such pocketbook or other container is transparent; or

(2) remove his or her hands from, or return them to, a position on or above the count table unless both the backs and palms of his or her hands are first held straight out and exposed to the view of other members of the count team and the closed-circuit television camera.

(e) A gaming facility licensee shall file with the commission procedures for scheduled breaks to be taken by the count team members during the count. This submission shall also address the use of restroom facilities that are located in the count room or close proximity thereto.

(f) Immediately prior to the commencement of the count:

(1) the doors to the count room shall be locked securely;

(2) a count team member shall notify a person assigned to the gaming facility surveillance department closed-circuit television monitoring room that the count is about to begin, after which such person shall make an audio-video and/or digital recording, with the time and date inserted thereon, of the entire count process, which recording shall be retained by the gaming facility surveillance department for no less than 21 days from the date of recording, unless otherwise directed in writing by the commission; and

(3) the count room supervisor, or his or her supervisor, shall record, in writing, the name and employee license or registration number of each person who shall participate in the count process and whether each such individual is scheduled to:

(i) be present in the count room during the entire count process;

(ii) enter the count room during the count process; or

(iii) leave the count room prior to the conclusion of the count process.

(g) No person shall be permitted to enter or leave the count room during the count process, except in an emergency, unless such person's name is on the written notice required by paragraph (3) of subdivision (f) of this section.

(1) if the gaming facility licensee permits a member of the count team to enter or leave the count room during the count process, any employee remaining in the count room shall be required to display his or her hands in accordance with subdivision (d) of this section and to step away from the count table until the count team member has entered or left the count room.

(2) the count and recording process shall be discontinued whenever fewer than three count team members are present in the count room.

(3) once the count process has been started, the count room supervisor shall be required to notify the gaming facility surveillance department closed-circuit television monitoring room whenever a count room door will be opened, prior to the opening of such door.

(h) Procedures and requirements for conducting the count.

(1) Prior to commencing gaming operations and as part of the internal control submission required by Racing, Pari-Mutuel Wagering and Breeding Law section 1332 and section 5313.1 of this Subchapter, the gaming facility shall submit a description of the system for opening, counting and recording the contents of slot cash storage boxes and table game drop boxes. Such system, at a minimum shall include:

(i) A workflow diagram that indicates the location of all equipment used in the count, including tables, baskets and bins, and the flow of all currency and paperwork from the start of the count to the conclusion of the count. The approved workflow diagram shall also be filed with the surveillance department of the gaming facility;

(ii) A description of all computer equipment, software, files or reports used in the counting and recording process and all other systems, if any, that communicate with that computer equipment. The submission shall include:

(a) the names of all revenue files, the names of the employees who have access to such files and what type of access such persons have; and

(b) controls to prevent access to any count room information by anyone outside of the count room until the entire count process is concluded; and

(iii) The procedures for conducting each required count, which shall include, at a minimum, the following:

(a) in full view of the surveillance cameras, the contents of each slot cash storage box or table game drop box shall be emptied on the count table and either manually counted separately on the count table or counted in a currency counting machine located in a conspicuous location on, near or adjacent to the count table;

(b) after the contents of each slot cash storage box or table game drop box have been emptied on the count table, the inside of the slot cash storage box or table game drop box shall be held up to the full view of the surveillance cameras to assure that all contents of the slot cash storage box or table game drop box have been removed, after which the slot cash storage box or table game drop box shall be locked and placed in the storage area;

(c) the contents of each slot cash storage box or table game drop box shall be segregated by a count team member into separate stacks on the count table by each denomination of currency and by the type of required forms or documents. A gaming facility licensee may use a machine to sort currency automatically by denomination;

(d) mutilated or torn currency shall be separated by denomination and recorded as revenue if the bill includes one entire serial number and one letter and number of the serial number from the other half of the bill;

(e) mutilated or torn currency that is not recorded as revenue shall be placed in a sealed transparent envelope or container and transferred to the main bank by the main bank cashier or cage supervisor at the end of the count;

(f) except as provided in clause (g) of this subparagraph, each denomination of currency shall be counted separately by one count team member who shall place individual bills of the same denomination on the count table in full view of the surveillance cameras. The currency shall then be counted by a second count team member who is unaware of the result of the original count and who, after completing this count, shall confirm the accuracy of the total, either verbally or in writing, with that reached by the first count team member;

(g) a gaming facility licensee may aggregate counts by denomination of all currency collected in substitution of the second count required pursuant to clause (f) of this subparagraph, if the original counts are being performed automatically by a machine that counts and records automatically the value of currency and the accuracy of such machine has been tested suitably and proven in accordance with clause (h) of this subparagraph;

(h) currency counting machines used to count and strap currency, gaming vouchers and coupons may be used if:

(1) prior to the start of each slot or table game count, the counting machine is tested in accordance with the procedures contained in the gaming facility licensee's internal controls to verify the accuracy of the counting machine;

(2) the counting machine automatically provides two separate counts of the funds at different stages of the count process and, if the separate counts are not in agreement, document the discrepancy; and

(3) the counting machine is capable of determining the value of a gaming voucher or coupon by independently examining information printed on the gaming voucher or coupon. The information is used by the counting equipment to either calculate the value internally or obtain the value directly from the gaming voucher system or coupon system in a secure manner. When the gaming voucher system is used to obtain the value of a gaming voucher or coupon, the gaming voucher system shall perform a calculation or integrity check to ensure that the value has not been altered in the system in any manner since the time of issuance; and

(i) A gaming voucher or coupon deposited in a slot cash storage box or table game drop box from a fully automated electronic gaming table shall be counted and included in the calculation of revenue without regard to the validity of the gaming voucher or coupon.

(2) Once the count process has started, the doors to the count room shall be opened only for one of the following:

(i) to allow the entire count team to take a scheduled work break;

(ii) to allow for a change of commission representative;

(iii) to allow a main bank cashier or cage supervisor to enter the count room;

(iv) to allow the placement of a slot cash storage box or table game drop box or to remove a trolley or empty slot cash storage boxes or table game drop boxes from the count room;

(v) to allow the count team and the commission representative to exit the room at the conclusion of the count; or

(vi) in the event of an emergency.

(3) When the entire count team takes a scheduled break, all cash that has been removed from the slot cash storage boxes or table game drop boxes shall be counted at least once and secured in a manner approved by the commission before any member of the count team may leave the count room.

(4) All table game drop boxes from table games that are not fully automated electronic gaming tables shall be counted and recorded at least once each gaming day. The gaming facility licensee shall designate which slot cash storage boxes and table game drop boxes from fully automated electronic gaming tables will be counted and recorded each gaming day. The following shall be counted and recorded separately:

(i) slot cash storage boxes and table game drop boxes from fully automated electronic gaming tables;

(ii) table game drop boxes from banking games that are not fully automated electronic gaming tables; and

(iii) table game drop boxes from nonbanking games.

(5) After the contents of slot cash storage boxes and table game drop boxes from fully automated electronic gaming tables have been removed and counted, a count team member shall present the currency to a main bank cashier or cage supervisor in the count room who shall recount, either manually or mechanically, the currency prior to having access to the information recorded by the count team.

(6) Table game drop boxes from table games that are not fully automated electronic gaming tables shall be counted and recorded as follows:

(i) As the contents of each table game drop box are counted, a count team member shall either manually record the results of the count on the daily banking table game count report and the daily nonbanking table game count report or use a computer-generated daily banking table game report. The daily banking table game count report and the daily nonbanking table game count report shall be a three-part form consisting of an original and two duplicates. The distribution of the daily banking table game count report and the daily nonbanking table game count report shall be as follows:

(a) The original shall be delivered to the revenue audit department by the count room supervisor immediately after leaving the count room at the conclusion of the count.

(b) The second copy shall be delivered to the commission representative by the count room supervisor immediately after leaving the count room at the conclusion of the count.

(c) The third copy shall be retained by the cage supervisor or main bank cashier.

(ii) After the contents of each table game drop box from a banking table game are counted, a member of the count team shall record, manually on the daily banking table game count report or electronically on a computer system, the following information for banking table game:

(a) the value of each denomination of currency counted;

(b) the total value of all denominations of currency counted; and

(c) the gaming date of the items being recorded, the total number of banking table game drop boxes opened and counted and the date that the daily banking table game count report is being prepared or generated.

(iii) After the contents of each table game drop box from a nonbanking table game are counted, a member of the count team shall record, manually on the daily nonbanking table game count report or electronically on a computer system, the following information for each nonbanking table game drop box:

(a) the value of poker rake chips counted;

(b) the value of value chips counted;

(c) the total value of poker rake chips and value chips counted; and

(d) the gaming date of the items being recorded, the total number of nonbanking table game drop boxes opened and counted and the date that the daily nonbanking table game count report is being prepared or generated.

(iv) After preparation of the daily banking table game count report and the daily nonbanking table game count report or the electronic equivalents prepared on a computer system, the count team members and the count room supervisor shall sign the reports attesting to the accuracy of information recorded thereon. The count room supervisor shall verify that all of the table game drop boxes from table games that are not fully automated electronic gaming tables that were collected and opened by count team members have been recorded on the reports.

(v) Once all currency has been counted and the final count totals have been obtained, employees may not be permitted to leave the count room, except in an emergency, until the recount and presentation procedures in subparagraph (vi) of this paragraph have been completed.

(vi) After the contents of all table game drop boxes from table games that are not fully automated electronic gaming tables have been removed and counted, all cash, value chips and poker rake chips shall be presented in the count room by a count team member to a main bank cashier or cage supervisor who, prior to having access to the information recorded on the daily banking table game count report and the daily nonbanking table game count report or electronic equivalents and in the presence of the count team members, shall recount, either manually or mechanically, the currency, value chips and poker rake chips presented in accordance with the following requirements:

(a) The main bank cashier or cage supervisor shall have physical access to all currency, value chips and poker rake chips presented for recounting. Currency, value chips or poker rake chips for recounting may not be wrapped or placed in a sealed bag or container until the entire recount has been completed and the daily banking table game count report and the daily nonbanking table game count report or electronic equivalents have been signed by the entire count team, the count room supervisor, the main bank cashier or cage supervisor.

(b) The main bank cashier or cage supervisor may bulk-count all strapped currency and full chip racks.

(c) All partial straps, loose currency, mutilated or torn currency, value chips and poker rake chips shall be recounted by the main bank cashier or cage supervisor either by hand or with an approved counting device.

(d) Upon completion of the recount, the main bank cashier or cage supervisor shall attest by signature on the daily banking table game count report and the daily nonbanking table game count report or electronic equivalents the amounts of currency, value chips and poker rake chips counted.

(e) When all required signatures have been obtained, the second copy of the daily banking table game count report and the daily nonbanking table game count report or electronic equivalents shall be delivered to the commission representative and the third copy shall be retained by the cage supervisor or main bank cashier.

(f) The original daily banking table game count report and the daily nonbanking table game count report or electronic equivalents, the requests for fills, the fill slips, the requests for credits, the credit slips, the issuance copy of the counter checks, the table inventory slips and any other supporting documentation shall be transported directly to the accounting department and shall not be available to cage personnel.

(vii) A count room employee, in the presence of a person designated to supervise the count, shall conduct a thorough inspection of the entire count room and all counting equipment located therein to verify that no currency, value chips, poker rake chips, counter checks, gaming vouchers, coupons or supporting documentation remains in the room.

(7) If any problems occur with the slot or table count procedures or machines (for example, computer interface malfunctions or strap overages or shortages), a detailed written report explaining the problem, the reason for the problem and the corrective action taken shall be filed by the count room supervisor within 24 hours of the conclusion of the count or within 24 hours of the discovery of the variance.

(8) Notwithstanding the requirements of this section and section 5316.17 of this Part, a gaming facility licensee may submit, as part of its internal controls, alternate procedures for the separate collection, distribution, opening and counting of nonbanking table game drop boxes in a room, other than the count room, provided that each of the following criteria are met:

(i) The room for the counting of nonbanking table game drop boxes shall be dual-access-controlled by the finance department of the gaming facility and the security or surveillance department of the gaming facility and covered by the gaming facility licensee's surveillance system.

(ii) Immediately prior to the commencement of the nonbanking table game count, an employee of the finance department of the gaming facility who is participating in the count shall notify the surveillance department of the gaming facility that the count is about to begin so that surveillance can record the entire count process.

(iii) The count shall be conducted by at least two employees of the finance department of the gaming facility who are not assigned as poker room cage employees on that gaming day and who have no incompatible duties.

(iv) The opening, counting and recording of the contents of nonbanking table game drop boxes may not commence until two employees in the finance department of the gaming facility are present.

(v) Persons who participate in the nonbanking table game count may not remove their hands from or return them to a position on or above the count table unless the backs and palms of the hands are first held straight out and exposed to the view of other finance department employees of the gaming facility involved in the count and a surveillance camera.

(vi) The contents of each nonbanking table game drop box shall be counted and recorded in accordance with paragraph (6) of subdivision (h) of this section. After preparation of the daily nonbanking table game count report or the electronic equivalents prepared on a computer system, the finance department employees who participated in the count shall sign the report attesting to the accuracy of the information recorded thereon. Once the contents of the nonbanking table game drop boxes have been counted and the final count totals have been obtained, employees may not leave the room, except in an emergency, until the recount and presentation procedures set forth in subparagraph (vii) of this paragraph have been completed.

(vii) The cash, value chips and poker rake chips removed from the nonbanking table game drop boxes shall then be presented to a cage supervisor who did not participate in the count and shall be recounted and recorded in accordance with paragraph (6) of subdivision (h) of this section.

(viii) The gaming facility licensee shall submit procedures governing how scheduled work breaks will be conducted, if any, during the nonbanking table game count.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5316.5

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