N.Y. Comp. Codes R. & Regs. tit. 9 § 5102.14

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

Section 5102.14 - Denial of a video lottery gaming license

(a) To the extent permitted by law, the commission may deny a video lottery gaming license to an applicant who has been convicted of:

(1) a felony offense, as defined in Penal Law section 10.00(5), or an equivalent offense committed in another jurisdiction;

(2) a misdemeanor related to gambling, gaming, bribery, fraud, or any other offense prejudicial to public confidence in the State lottery.

(b) The commission may deny a video lottery gaming license to an applicant who has otherwise been determined to be a person whose prior activities, criminal record, if any, or reputation, habits and associations pose a threat to the effective regulation of video lottery gaming in this State; or if the granting of such license to the applicant would create, or enhance, the chances of unfair or illegal practices, methods, and activities in the conduct of the video lottery gaming under the act; or if such applicant has failed to provide any information reasonably required by the commission to investigate the applicant for a license or to reveal any fact material to such application, or has furnished any information that is untrue or misleading in connection with such application, or fails to submit such information that, if submitted, would make the statements in any application, in light of the circumstances in which they were made, not misleading.

(c) The commission may deny a video lottery gaming license to an applicant who fails to provide such information, documentation and assurances required by the act or these regulations, or as requested by the commission, or who fails to reveal any fact material to suitability, or who supplies information that is untrue or misleading as to a material fact pertaining to licensing suitability criteria.

(d) The commission may deny a video lottery gaming license to an applicant who fails after due inquiry to demonstrate financial stability or who is obligated for past due support that is owed to persons or entities entitled to enforce an order of support with respect to persons receiving services pursuant to title 6-A of article 3 of the State Social Services Law or any final order, decree or judgment in a matrimonial action or family court proceeding, or any foreign support order, decree or judgment that is registered pursuant to section 37-A of the Domestic Relations Law, which requires the payment of alimony, maintenance, support or child support.

(e) The commission may deny a video lottery gaming license to an applicant upon determination that the applicant has engaged in fraud, deceit, misrepresentation or conduct prejudicial to public confidence in the State lottery.

(f) Notwithstanding the provisions of this section, an applicant who has been convicted of any criminal offense may receive a video lottery gaming license at the discretion of the commission. In determining whether the applicant may receive such license, the commission shall consider the following factors:

(1) the nature and duties of the position or type of license for which the applicant has applied;

(2) the nature and seriousness of the offense or conduct;

(3) the circumstances under which the offense or conduct occurred;

(4) the date of the offense or conduct;

(5) the age of the applicant when the offense or conduct was committed;

(6) whether the offense or conduct was an isolated or repeated incident;

(7) any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5102.14