N.Y. Comp. Codes R. & Regs. tit. 9 § 5000.2

Current through Register Vol. 46, No. 42, October 16, 2024

Section 5000.2 - Definitions

Unless the context indicates otherwise, the following definitions are applicable throughout this chapter.

(a)Act or acts means article 34 of the Tax Law, commonly known and cited as the New York State Lottery for Education Law and article 1 of the Racing, Pari-Mutuel Wagering and Breeding Law.

(b)Affiliate means a parent company or subordinate business entity of a courier service.

(c)Agent commission means payments to lottery sales agents, or other persons for sales, processing of claims, distribution and handling of tickets and revenue, and other services performed at the request of the director of the lottery.

(d)Claimant means any person or entity submitting a prize claim within the required time period of a game to collect a prize relating to a ticket. A claimant may be a person or entity named on a signed ticket or may be the bearer of an unsigned ticket. No claimant may assert rights different from the rights acquired by the original purchaser of the ticket at the time of purchase.

(e)Claims center or customer service center means any place designated by the commission where a ticket holder or such ticket holder's representative may file a claim for a prize in accordance with instructions of such commission.

(f)Commission means the New York State Gaming Commission established pursuant to article 1 of the Racing, Pari-Mutuel Wagering and Breeding Law.

(g)Courier customer means a natural person who is the holder of an account on a network operated by a courier service and who requests delivery of a lottery ticket through such network.

(h)Courier service means a person licensed pursuant to this subchapter as a vendor to carry out transactions as an agent for customers as permitted by this subchapter.

(i)Drawing cutoff means the deadline to purchase a lottery ticket for a particular lottery drawing as determined by the commission.

(j)Lottery director means the director of the Division of Lottery within the commission.

(k)Lottery fund means the State lottery fund established pursuant to section 92-c of the State Finance Law.

(l)Lottery or State lottery means the lottery established and operated pursuant to the Lottery for Education Law and article 1 of the Racing, Pari-Mutuel Wagering and Breeding Law.

(m)Lottery sales agent means a person who, or entity that, is licensed by the commission pursuant to article 1 of the Racing, Pari-Mutuel Wagering and Breeding Law and the New York State Lottery for Education Law (article 34 of the Tax Law) to sell lottery tickets.

(n)Network means an online-enabled technology application service or electronic system offered or used by a courier service agent that enables courier customers of the network within the State to request the courier service to purchase lottery tickets on the courier customer's behalf as the courier customer's agent and receive delivery of a facsimile or other electronic confirmation of the lottery tickets issued on behalf of the courier customer through the network.

(o)Person means an individual, partnership, association, organization, corporation, limited liability company, club, company, trust, estate, society, joint-stock company, receiver, trustee, assignee, referee or any other form of business organization or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals, as well as agencies and instrumentalities of the State and counties, cities, towns and villages.

(p)Ticket means a representation, the form of which is prescribed by the commission, of the lottery play or plays sold to a player.

(q)Ticket processing means, with respect to a courier service, the process inclusive of the following:

(1) accepting a request to purchase lottery tickets as the courier customer's agent;

(2) generation of lottery tickets necessary to complete a request through a commission-approved lottery terminal pursuant to the requirements of section 5004.9 of this Title;

(3) scanning legibly the front and back of a ticket and creating an image thereof;

(4) matching the ticket to a courier customer's request and verifying the accuracy thereof; and

(5) providing a courier customer with an image of the front and back of a ticket.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5000.2

Amended New York State Register April 10, 2019/Volume XLI, Issue 15, eff. 4/10/2019

Amended New York State Register April 10, 2024/Volume XLVI, Issue 15, eff. 4/10/2024