N.Y. Comp. Codes R. & Regs. tit. 9 § 5329.2

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

Section 5329.2 - Sports pool license petition

(a)Eligibility.

(1) Only licensed casinos in good standing shall be eligible to obtain a sports pool license. As set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(3)(a), a casino that wishes to operate sports pools shall first obtain a sports pool license from the commission, which shall be in addition to the casino's gaming facility license. Any entity holding a casino operating license issued pursuant to article 13 shall be deemed to have the requisite financial stability, integrity and responsibility and good character, honesty and integrity so long as such license is in good standing.

(2) A prohibited sports pool participant shall not be permitted to have any ownership interest in, control of or otherwise be employed by an operator or a sports pool vendor, unless otherwise approved by the commission. This prohibition shall not apply to any person who has less than 10 percent direct or indirect ownership interest in the operator or sports pool vendor.

(b)Plan of operation.

Each applicant for a sports pool license shall submit a detailed plan of operation that includes such information as the commission deems necessary, including, without limitation, to the name of the sports pool vendor, if any, casino key employees responsible for the sports pool operation, specifications of the sports pool lounge, hours of operation, staffing plan and an integrity monitoring plan.

(c)Evidence of experience in sports pools.

An applicant for a sports pool license shall disclose such applicant's experience, if any, and the experience of any sports pool vendor proposed to be involved in such applicant's sports pool operations, in the operation of sports pools in any jurisdiction, including, without limitation:

(1) a list of each jurisdiction in which such applicant or proposed sports pool vendor has been authorized to operate or assist in the operation of sports pools, including dates of authorized operation;

(2) all regulatory infractions, discipline or other sanctions that have been imposed on such applicant or proposed sports pool vendor relating to any gaming activity, including sports pools, along with a detailed description of the conduct involved and the nature of the sanction or discipline; and

(3) whether the applicant or proposed sports pool vendor has operated gaming activity, including sports pools, in any jurisdiction in an unauthorized manner or been accused or adjudicated to have engaged in illegal gambling or wagering of any kind, including a detailed description of the conduct involved and the nature of the sanction or discipline.

(d) Internal controls.

Prior to the issuance of a license, an applicant for a sports pool license shall submit for commission approval such applicant's proposed internal controls, pursuant to section 5329.8 of this Part.

(e)Amendment.

(1) Each applicant and licensee shall promptly file with the commission an update explaining any new or changed facts or circumstances whenever such occurs with respect to any matter set forth in a sports pool license application.

(2) All applicants and licensees shall have an obligation to ensure that information, documentation and assurances submitted to the commission are not misleading considering the circumstances in which such were submitted.

(3) The commission may permit any applicant to file an amendment to its application at any time prior to the commission's final action thereon.

(4) The failure of an applicant or licensee to comply with applicable laws and regulations shall be grounds for denial of the application or for suspension or revocation of a sports pool license.

(f)Determination of application.

Upon evaluation of each application, the commission shall either:

(1) grant the application for a sports pool license;

(2) grant the application with conditions the commission deems necessary or advisable;

(3) request additional information or documentation; or

(4) deny the application.

The commission may deny a sports pool license to an applicant that has failed to establish such applicant's competence to operate a sports pool or provide an adequate plan of operation (including acceptability of a sports pool vendor). An applicant may request a de novo hearing to challenge an application denial or condition imposed. Such hearing shall be held pursuant to procedures the commission may establish.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5329.2

Adopted New York State Register June 26, 2019/Volume XLI, Issue 26, eff. 6/26/2019