2006 New York Code - Definitions.

 
    §  20-950 Definitions. For the purposes of this chapter, the following
  terms shall have the following meanings:
    a. "Affiliate" shall mean (i) a business entity in  which  twenty-five
  percent  or  more is owned, or is subject to a power or right of control
  or a power to vote, or is managed by, a shipboard gambling business,  or
  (ii)  a  business  entity  that  owns  twenty-five  percent or more of a
  shipboard gambling business, or that  exercises  a  power  or  right  of
  control  or  a  power  to  vote  over  twenty-five  percent or more of a
  shipboard gambling  business,  or  that  manages  a  shipboard  gambling
  business.
    b.  "Applicant"  shall  mean,  if  a  business  entity  submitting  an
  application for a license pursuant to this chapter, the entity and  each
  principal  thereof;  if  an  individual  submitting an application for a
  license, certificate  of  approval  or  registration  pursuant  to  this
  chapter, such individual.
    c.  "Business  entity"  shall mean a corporation, partnership, limited
  liability company, individual or sole proprietorship.
    d. "Certificate of approval" shall mean a certificate  issued  by  the
  commission  pursuant  to  the  provisions  of this chapter approving the
  employment in a shipboard gambling business of a  gambling  employee  or
  agent.
    e.  "Commission"  shall  mean  the  New  York  city  gambling  control
  commission established pursuant to section 20-951 of this chapter.
    f. "Gambling" shall mean any contest, game,  gaming  scheme  or  other
  activity  in  which a person stakes or risks something of value upon the
  outcome of a  contest  involving  an  element  of  chance  or  a  future
  contingent  event  not  under  his or her control or influence, upon the
  understanding that he or she will receive  something  of  value  in  the
  event of a certain outcome.
    g. "Gambling device" shall mean a slot machine or any other machine or
  mechanical device which when operated may deliver or entitle a person to
  receive,  as  the result of the application of an element of chance, any
  money or property.
    h. "Gambling employee or agent" shall mean  a  person  employed  in  a
  shipboard gambling business who is not a key employee or agent and whose
  duties  include  (i) the conduct, operation or facilitation of gambling,
  whether or not involving the use of  a  gambling  device;  or  (ii)  the
  repair or maintenance of a gambling device. "Gambling employee or agent"
  shall  include,  but  not  be  limited to, boxmen, dealers or croupiers,
  floormen, gambling machine mechanics, casino security  personnel,  count
  room  personnel,  cage personnel, slot machine and slot booth personnel,
  collection personnel, casino surveillance personnel and data  processing
  personnel.  "Gambling  employee  or  agent"  may  also include any other
  category of persons identified by rule of the  commission  whose  duties
  require  regular  presence  in  the  area  or areas of a vessel in which
  gambling takes place or for whom the commission determines a certificate
  of approval is appropriate and necessary to effectuate the  purposes  of
  this  chapter.  The  job  categories  specified  in  such rule shall not
  include categories of employees, without  limitation,  such  as  kitchen
  personnel,  food  and  beverage  servers  or vessel's crew, that are not
  involved in gambling operations.
    i. "Key employee  or  agents"  shall  mean  a  person  employed  in  a
  shipboard  gambling  business in a supervisory or managerial capacity or
  empowered to  make  discretionary  decisions  regarding  such  business,
  including,  but  not  limited  to,  pit  bosses,  shift  bosses,  credit
  executives, casino cashier supervisors,  casino  facility  managers  and
  assistant  managers and managers or supervisors of gambling employees or
  agents. Key employees shall also include any other category  of  persons


  identified by rule of the commission for which the commission determines
  licensure  as  a key employee is appropriate and necessary to effectuate
  the purposes of this chapter.
    j.  "License"  shall mean a shipboard gambling license, a key employee
  license or a key vendor license issued by the commission pursuant to the
  provisions of this chapter.
    k. "Parent business" or "parent business entity" shall mean a business
  entity that owns fifty percent or more of another  business  entity,  or
  that has a power or right of control or power to vote over fifty percent
  or  more  of  such  business entity, or that manages such other business
  entity.
    I. "Principal" shall mean, of a sole proprietorship,  the  proprietor;
  of  a  corporation,  every  officer  and  director and every stockholder
  holding  ten  percent  or  more  of  the  outstanding  shares   of   the
  corporation;  of  a  partnership,  all  the partners; if another type of
  business entity, the chief operating officer or chief executive officer,
  irrespective of organizational title, and all persons or entities having
  an ownership interest of  ten  percent  or  more.  Where  a  partner  or
  stockholder  holding  ten percent or more of the outstanding shares of a
  corporation  is  itself  a  partnership  or  a  corporation,  the   term
  "principal"  shall  also include the partners of such partnership or the
  officers, directors and  stockholders  holding  the  equivalent  of  ten
  percent  or  more  ownership interest of the applicant business. For the
  purposes of this chapter:  (1) an individual shall be considered to hold
  stock in  a  corporation  where  such  individual  participates  in  the
  operation  of  or has a beneficial interest in such corporation and such
  stock is owned directly or indirectly by or  for  (i)  such  individual,
  (ii)  the  spouse  or  domestic partner of such individual (other than a
  spouse who is legally separated  from  such  individual  pursuant  to  a
  judicial  decree  or an agreement cognizable under the laws of the state
  in  which  such  individual   is   domiciled),   (iii)   the   children,
  grandchildren  and  parents  of such individual or (iv) a corporation in
  which any of such individual, the spouse,  domestic  partner,  children,
  grandchildren  or  parents of such individual in the aggregate own fifty
  percent or more in value  of  the  stock  of  such  corporation;  (2)  a
  partnership  shall  be  considered  to hold stock in a corporation where
  such stock is owned, directly or indirectly, by or for a partner in such
  partnership; and (3) a corporation shall be considered to hold stock  in
  a corporation that is an applicant as defined in this section where such
  corporation holds fifty percent or more in value of the stock of a third
  corporation   that   holds   stock   in   the   applicant   corporation.
  Notwithstanding any other provision of this subdivision, where there  is
  reasonable  cause  to  believe  that any owner, officer or director of a
  business entity with an interest in an applicant business not  otherwise
  within  the  scope of this subdivision lacks good character, honesty and
  integrity, the commission may designate such person as a  principal  for
  the  purposes  of  sections  20-954,  20-955,  20-956 and 20-959 of this
  chapter.
    m. "Registrant" shall mean a service employee or agent or an auxiliary
  vendor who has registered with the commission pursuant to the provisions
  of this chapter.
    n. "Service employee or agent" shall  mean  a  person  employed  in  a
  shipboard  gambling  business  who  is  not a key employee or agent or a
  gambling employee or agent.
    o. "Shipboard gambling  business"  shall  mean  a  business  in  which
  passengers  are transported for the purpose of participating in gambling
  outside the territorial waters of the  United  States  from  a  location
  within  New  York  city  and  returned  to  a location within such city;


  provided that a business  shall  not  be  deemed  a  shipboard  gambling
  business  for purposes of this chapter where the gambling cruises or the
  gambling activities aboard such cruises operated by or on behalf of such
  business  are  conducted  or  proposed  to be conducted no more than two
  times a year or every cruise operated  by  such  business  during  which
  gambling  activities  occur is of at least seventy-two hours duration or
  where the commission determines, in its discretion,  that  the  gambling
  offered  aboard  a  vessel  owned  or operated by such business does not
  constitute a primary activity conducted aboard such vessel. In  reaching
  a  determination  that  gambling does not constitute a primary activity,
  the commission shall consider, without  limitation,  factors  including:
  the passenger capacity of the vessel in relation to the number of gaming
  positions  in  the areas in which gambling will occur; the percentage of
  space devoted to public accommodation in which gambling will occur;  the
  number of hours during which gambling will take place in relation to the
  total  time  of  the cruise; and the nature of the advertising and other
  customer solicitation engaged in by the business.
    p. "Subsidiary" shall mean any business that  is  managed  by  another
  business  entity  or  any business in which fifty percent or more of the
  business is owned or in which fifty percent or more of the  business  is
  subject  to  a  power  or right of control or held with power to vote by
  another business entity.
    q. "Vendor" shall mean any business, except for a business the primary
  function of which is to provide legal or accounting services or that  is
  required to register as a lobbyist pursuant to section 3-213 of the code
  or  pursuant to the New York state lobbying act (enacted by chapter 1040
  of the laws of 1981, as amended)  that  provides  a  shipboard  gambling
  business  with goods or services used in the operation of such business.
  "Key vendor" shall mean a vendor, in a category identified  by  rule  of
  the commission, that furnishes goods or services related to the security
  operations,   gambling   operations,  gambling  equipment,  the  hiring,
  supervision or training of gambling employees or agents,  the  provision
  of  alcoholic  beverages, and the provision of food or food services the
  cost of which exceeds  an  amount  to  be  set  forth  by  rule  of  the
  commission.  "Auxiliary  vendor"  shall  mean a vendor, other than a key
  vendor, that  furnishes  goods  or  services  to  a  shipboard  gambling
  business,  the  cost  of which goods or services exceeds an amount to be
  established for each category of such vendor by rule of the  commission,
  related  to  maintenance of a vessel or facilities or equipment aboard a
  vessel, food or non-alcoholic beverages,  entertainment  or  such  other
  activity  for  which the commission determines by rule that registration
  is necessary  or  appropriate  to  effectuate  the  provisions  of  this
  chapter,  provided  that  the  commission  may  by  rule  determine that
  registration of a specific category of auxiliary vendor  is  unnecessary
  to  achieve  the  purposes of this chapter. The commission shall by rule
  list the categories of goods and services and/or the amount of sales  of
  such  goods  and  services  that  do  not require obtaining a key vendor
  license or an  auxiliary  vendor  registration  and  may  also,  in  its
  discretion,  waive  a  requirement for a key vendor license or auxiliary
  vendor  registration  upon  a  determination  that   such   license   or
  registration  is unnecessary to achieve the purposes of this chapter. In
  addition, the commission shall establish, by rule, a procedure whereby a
  shipboard gambling business  may  obtain  temporary  permission,  on  an
  expedited  basis,  to  purchase  goods or services from an unlicensed or
  unregistered vendor in a situation where such purchase is  necessary  to
  the  operation of such business. The commission shall make provision for
  the issuance of licenses pursuant to sections 20-954 and 20-956 of  this
  chapter  to  key  vendors  who  furnish  goods  or services to shipboard


  gambling licensees and for the registration pursuant to  section  20-955
  of auxiliary vendors who furnish goods or services to shipboard gambling
  licensees.  The  commission  shall  maintain  a list of all licensed and
  registered  vendors  and those vendors to whom a waiver has been granted
  and shall make such list available upon request.