N.Y. Comp. Codes R. & Regs. tit. 9 § 4500.3

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

Section 4500.3 - Multi-jurisdictional account wagering providers; additional provisions

(a) A multi-jurisdictional account wagering provider shall be licensed only under the additional terms and conditions set forth in Racing, Pari-Mutuel Wagering and Breeding Law sections 1012-a(1) through 1012-a(5).

(b) The commission may issue a temporary license to a multi-jurisdictional account wagering provider that is not yet registered to do business in New York State, provided that such applicant has agreed to take promptly those steps necessary to qualify to do business in New York State and to maintain such status in good standing throughout the license period, pending the commission's final determination of such provider's license applications.

(c) Multi-jurisdictional account wagering providers shall pay, in a form and manner determined by the commission, a monthly market origin fee as prescribed in Racing, Pari-Mutuel Wagering and Breeding Law section 1012-a(6).

(d) Each individual, in order to participate in the New York operations of the multi-jurisdictional account wagering provider, or to participate in such provider's affairs as a director, officer or manager, must hold a valid occupational license from the commission.

(e) In investigating, conducting inspections and ensuring compliance with the rules and regulations of the commission, as prescribed in Racing, Pari-Mutuel Wagering and Breeding Law section 1012-a(4), the commission may at a reasonable time on any date enter the premises of a multi-jurisdictional account wagering provider to conduct an examination and analysis of such provider's books, records and other property, including without limitation such provider's:

(1) written books and records and its computer systems and records, to verify its accounting records and business practices;

(2) written and computerized records and operational systems on its computers; and

(3) facilities, with complete access including to all of its equipment, activities, structures and other property.

Such examination and analysis by the commission may include a forensic review by accountants of such provider's financial books and operational records and may be repeated to investigate possible material changes in relation to alterations or renewals of such provider's licensing status. The commission may initiate any such investigation and inspection at random, for cause, or as determined by an executive official or commissioner of the commission. The commission shall notify the multi-jurisdictional account wagering provider before arriving to conduct an investigation or inspection and, upon arriving, the commission's agents, employees and designees shall provide identification and notice to such provider that the investigation and inspection is conducted pursuant to this section. Such provider immediately shall assist any such investigation and inspection by providing full and timely disclosure of all requested information and full access to all facilities, books, records and other property, including without limitation computers, equipment, structures, bank records, financial books and records, wagering records, wagering account holder information and such other documents and information as may reasonably be requested by the person or persons conducting the investigation and inspection. The disclosure of such records and information by such provider shall not constitute a waiver of any trade secret or other confidentiality rights of such provider.

(f) A denial of or refusal to issue a license shall be subject to adjudication in accordance with the provisions of Part 4550 of this Chapter.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4500.3

Adopted New York State Register July 26, 2017/Volume XXXIX, Issue 30, eff. 7/26/2017

Amended New York State Register July 20, 2022/Volume XLIV, Issue 29, eff. 7/20/2022