2013 New York Consolidated Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 13 - DESTINATION RESORT GAMING
Title 8 - (1364 - 1367) MISCELLANEOUS PROVISIONS
1367 - Sports wagering.

 
    * § 1367. Sports wagering. 1. As used in this section:
    (a)  "Casino"  means  a  licensed gaming facility at which gambling is
  conducted pursuant to the provisions of this article;
    (b) "Commission" means the commission established pursuant to  section
  one hundred two of this chapter;
    (c)  "Collegiate  sport  or  athletic event" means a sport or athletic
  event offered or sponsored by or played in connection with a  public  or
  private   institution   that  offers  educational  services  beyond  the
  secondary level;
    (d) "Operator" means a casino which has elected to  operate  a  sports
  pool;
    (e) "Professional sport or athletic event" means an event at which two
  or  more  persons  participate  in sports or athletic events and receive
  compensation in excess of actual expenses  for  their  participation  in
  such event;
    (f)  "Prohibited  sports event" means any collegiate sport or athletic
  event that takes place in New York or a sport or athletic event in which
  any New York college team participates regardless  of  where  the  event
  takes place;
    (g)  "Sports event" means any professional sport or athletic event and
  any collegiate sport or  athletic  event,  except  a  prohibited  sports
  event;
    (h) "Sports pool" means the business of accepting wagers on any sports
  event by any system or method of wagering; and
    (i)  "Sports  wagering  lounge" means an area wherein a sports pool is
  operated.
    2. No gaming facility may conduct sports wagering until such  time  as
  there has been a change in federal law authorizing such or upon a ruling
  of a court of competent jurisdiction that such activity is lawful.
    3.  (a) In addition to authorized gaming activities, a licensed gaming
  facility may when authorized by subdivision two of this section  operate
  a sports pool upon the approval of the commission and in accordance with
  the  provisions  of  this section and applicable regulations promulgated
  pursuant to this article. The commission shall hear and decide  promptly
  and  in  reasonable  order  all  applications for a license to operate a
  sports  pool,  shall   have   the   general   responsibility   for   the
  implementation of this section and shall have all other duties specified
  in  this  section  with  regard  to  the operation of a sports pool. The
  license to operate a sports pool shall  be  in  addition  to  any  other
  license  required  to be issued to operate a gaming facility. No license
  to operate a sports pool shall be issued by the commission to any entity
  unless  it  has  established  its  financial  stability,  integrity  and
  responsibility and its good character, honesty and integrity.
    No  later  than five years after the date of the issuance of a license
  and every five years thereafter or within such  lesser  periods  as  the
  commission  may  direct,  a licensee shall submit to the commission such
  documentation  or  information  as  the  commission  may  by  regulation
  require, to demonstrate to the satisfaction of the executive director of
  the  commission  that the licensee continues to meet the requirements of
  the law and regulations.
    (b) A sports pool shall  be  operated  in  a  sports  wagering  lounge
  located  at  a  casino.  The  lounge  shall  conform to all requirements
  concerning square footage,  design,  equipment,  security  measures  and
  related matters which the commission shall by regulation prescribe.
    (c)  The operator of a sports pool shall establish or display the odds
  at which wagers may be placed on sports events.

    (d) An operator shall accept wagers on sports events only from persons
  physically present in the sports wagering lounge.  A  person  placing  a
  wager shall be at least twenty-one years of age.
    (e)  An  operator  shall not admit into the sports wagering lounge, or
  accept wagers from, any person whose name appears on the exclusion list.
    (f) The holder of a license to operate a sports pool may contract with
  an entity to conduct that operation, in accordance with the  regulations
  of the commission. That entity shall obtain a license as a casino vendor
  enterprise prior to the execution of any such contract, and such license
  shall be issued pursuant to the provisions of section one thousand three
  hundred  twenty-seven  of  this  article  and  in  accordance  with  the
  regulations promulgated by the commission.
    (g) If any provision of this article or its application to any  person
  or  circumstance  is held invalid, the invalidity shall not affect other
  provisions or applications of this article which  can  be  given  effect
  without  the  invalid  provision  or  application,  and  to this end the
  provisions of this article are severable.
    4. (a) All persons employed directly  in  wagering-related  activities
  conducted  within a sports wagering lounge shall be licensed as a casino
  key employee or registered as a gaming employee, as  determined  by  the
  commission.  All  other employees who are working in the sports wagering
  lounge may be required to be registered, if appropriate,  in  accordance
  with regulations of the commission.
    (b)  Each operator of a sports pool shall designate one or more casino
  key employees who shall be responsible for the operation of  the  sports
  pool.  At  least  one  such casino key employee shall be on the premises
  whenever sports wagering is conducted.
    5. Except as otherwise provided by this article, the commission  shall
  have  the  authority  to regulate sports pools and the conduct of sports
  wagering under this article to  the  same  extent  that  the  commission
  regulates  other  gaming.  No  casino  shall  be authorized to operate a
  sports pool unless  it  has  produced  information,  documentation,  and
  assurances  concerning its financial background and resources, including
  cash reserves, that are  sufficient  to  demonstrate  that  it  has  the
  financial  stability,  integrity, and responsibility to operate a sports
  pool. In developing rules and regulations applicable to sports wagering,
  the commission shall examine the regulations implemented in other states
  where sports wagering is conducted and shall,  as  far  as  practicable,
  adopt  a  similar  regulatory framework. The commission shall promulgate
  regulations necessary to carry  out  the  provisions  of  this  section,
  including, but not limited to, regulations governing the:
    (a)  amount  of  cash  reserves to be maintained by operators to cover
  winning wagers;
    (b) acceptance of wagers on a series of sports events;
    (c) maximum wagers which may be accepted by an operator from  any  one
  patron on any one sports event;
    (d) type of wagering tickets which may be used;
    (e) method of issuing tickets;
    (f) method of accounting to be used by operators;
    (g) types of records which shall be kept;
    (h) use of credit and checks by patrons;
    (i) type of system for wagering; and
    (j) protections for a person placing a wager.
    6.  Each  operator  shall  adopt  comprehensive  house rules governing
  sports wagering transactions with its patrons. The rules  shall  specify
  the  amounts  to  be  paid  on winning wagers and the effect of schedule
  changes.   The house rules, together  with  any  other  information  the
  commission  deems  appropriate,  shall be conspicuously displayed in the

  sports wagering lounge and included in the terms and conditions  of  the
  account  wagering  system, and copies shall be made readily available to
  patrons.
    * NB Effective January 1, 2014