2006 New York Code - Conduct Of Shipboard Gambling Licensees.

 
    §  20-963  Conduct  of  shipboard  gambling  licensees. a. A shipboard
  gambling licensee shall be in compliance with  all  applicable  federal,
  state   and  local  statutes,  laws,  rules  and  regulations  governing
  operation of a shipboard gambling business, including  but  not  limited
  to:  (i)  specifications for design and construction, equipment required
  to  be  present  on  board   such   vessel,   maintenance,   inspection,
  documentation, operation and licensing of such vessels; requirements for
  the medical fitness, training and other qualifications, drug testing and
  licensing  of  the  crew  of  such  vessels; environmental requirements;
  requirements regarding safety  and  conditions  of  employment  on  such
  vessel;  and  requirements  for  accessibility  under the Americans with
  Disabilities Act and any regulations promulgated  pursuant  thereto,  as
  such  regulations  may  from  time  to  time  be  amended  and analogous
  provisions of title eight of this code;
    (ii) prohibitions of gambling activity or the use of gambling  devices
  within  the  territorial waters of the United States or the state of New
  York;
    (iii) applicable zoning and building code requirements;
    (iv) requirements governing the service  and  provision  of  food  and
  alcoholic  beverages  within  the territorial waters of the state of New
  York; and
    (v) health and sanitary regulations.
    b. A shipboard gambling  licensee  shall  maintain  audited  financial
  statements,  records, ledgers, receipts, bills and such other records as
  the commission determines are necessary or useful for carrying  out  the
  purposes  of this chapter. Such records shall be maintained for a period
  of time not to exceed five  years  to  be  determined  by  rule  of  the
  commission,  provided,  however,  that  such  rule  may provide that the
  commission may, in its discretion, require that records be retained  for
  a  period  of  time  exceeding  five  years.  Such records shall be made
  available for inspection and audit by the commission at its request and,
  at the option of the commission,  at  either  the  licensee's  place  of
  business or at the offices of the commission.
    c.  A  shipboard  gambling licensee shall maintain liability and other
  insurance as prescribed by rule of the commission.
    d. A shipboard gambling licensee shall, in accordance  with  rules  of
  the  commission, institute and maintain security and safety measures and
  shall provide and maintain such other public services for the welfare of
  patrons required by such rules.
    e. A shipboard gambling licensee shall, upon request  by  a  passenger
  who  does  not  wish  to  leave  the  vessel carrying cash on his or her
  person, provide payment of winnings by check.
    f. A shipboard gambling licensee shall ensure, by means acceptable  to
  the  commission  and  the department of investigation, that all gambling
  devices and gambling equipment on board the vessel are secured  or  made
  inoperable  during any period the vessel is in the territorial waters of
  New York and shall comply with all rules promulgated by  the  commission
  regarding the maintenance, safeguarding and storage of gambling devices.
    g.  A  shipboard gambling licensee shall adopt measures to ensure that
  persons under eighteen years of age do not engage in gambling  aboard  a
  vessel operated by or on behalf of such licensee.
    h.  All advertising by a shipboard gambling licensee shall prominently
  state the age restrictions for engaging in gambling aboard  the  vessel,
  and shall comply with all rules governing advertising promulgated by the
  commission.
    i. A shipboard gambling licensee shall provide access to the vessel(s)
  operated  by  or  on  behalf  of  the shipboard gambling business to any
  person authorized by section 20-962  of  this  chapter  to  enforce  the


  provisions  of  this  chapter including, but not limited to, regular and
  permanent access by any person assigned to  such  vessel  by  an  agency
  authorized to enforce the provisions of this chapter.
    j.  A shipboard gambling licensee shall not purchase goods or services
  from a key vendor or an auxiliary vendor unless such  vendor  has  first
  obtained  a license from or registered with the commission, whichever is
  applicable,  unless  the  shipboard  gambling  licensee   has   obtained
  permission  from  the  commission  as provided by rule of the commission
  pursuant to subdivision q of section 20-950 of this chapter or  the  key
  vendor  or  auxiliary  vendor has been granted a waiver pursuant to such
  subdivision.
    k. (i) A shipboard gambling  licensee  shall  not  employ  any  person
  required  to  obtain  a  license, certificate of approval or to register
  pursuant to the provisions  of  this  chapter  unless  such  person  has
  obtained   such   license,  certificate  of  approval  or  registration;
  provided, however, that the commission shall, by  rule,  make  provision
  for  temporary  permission  for  employment  pending  completion  by the
  commission of review of an applicant for a certificate  of  approval  or
  registration  and may, in its discretion, permit the employment of a key
  employee who has not obtained the required license where the  employment
  of  such person is necessary for the operation of the shipboard gambling
  business.
    (ii) The commission may, upon the  request  of  a  shipboard  gambling
  business, make available the names of applicants for employment who have
  been approved for licenses, certificates of approval or registrations.
    l. A shipboard gambling licensee shall demonstrate and ensure for each
  vessel  operated  by  or on behalf of such licensee, irrespective of the
  size of  the  vessel,  that  (i)  every  crew  member  required  by  the
  certificate  of  inspection  issued  for  each such vessel by the United
  States coast guard or the analogous  document  issued  pursuant  to  the
  international convention for the safety of lives at sea meets all marine
  personnel  requirements  set  forth  in such certificate or document and
  holds the applicable documentation, (ii) at least sixty-five percent  of
  the required number of crew actually manning the vessel, as set forth in
  the  certificate of inspection issued for each such vessel by the United
  States coast guard or the analogous  document  issued  pursuant  to  the
  international  convention  for  the safety of lives at sea, exclusive of
  those required to be licensed by the United States coast  guard  or  the
  international  maritime  organization, have merchant mariners' documents
  endorsed for a rating of at  least  able  seaman  or  the  international
  maritime equivalent, and (iii) every person employed on each such vessel
  has  received  familiarization  training  consistent  with the standards
  regarding emergency  occupational  safety,  medical  care  and  survival
  functions  set  forth  in  the  seafarer's  training,  certification and
  watchkeeping code.
    m. A shipboard gambling licensee  shall  comply  with  all  additional
  rules  governing conduct of a shipboard gambling business promulgated by
  the commission in order to effectuate the purposes of this chapter.