N.Y. Comp. Codes R. & Regs. tit. 9 § 5117.1

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

Section 5117.1 - Underage gaming violations

(a) No video lottery gaming agent, representative, licensed employee or contractor thereof, shall allow, permit or suffer any person under the age of 18 years (underage person) to:

(1) participate as a player at any game in a video lottery gaming facility;

(2) receive any complimentary service(s) or item(s) as a result of, or in anticipation of, such person's gaming activity;

(3) be present on the gaming floor without the escort of a licensed video lottery facility employee and for longer than necessary to reach a destination that is not on the gaming floor.

(b) To insure compliance with this section, each video lottery gaming agent shall post appropriate security personnel at the entrances to the video lottery gaming facility.

(c) Each violation of any of the provisions of subdivision (a) of this section as to a single underage person shall be considered a separate and distinct violation .

(1) The commission shall penalize a licensee found to have violated paragraph (1) of subdivision (a) of this section as follows:

(i) for a first violation, a fine of $5,000;

(ii) for a second violation within one year of a violation, a fine of $20,000;

(iii)for a third violation within one year of a violation, a fine of $25,000; and

(iv) for a fourth violation or subsequent violation within one year of a violation, a fine of $25,000 and such further action as the commission may deem appropriate, which may include without limitation the suspension or revocation of the occupational license of any key employee found to be responsible for the violation.

(2) The commission shall penalize a licensee found to have violated paragraph (3) of subdivision (a) of this section as follows:

(i) for a first violation, a fine of $1,000;

(ii) for a second violation within one year of a violation, a fine of $5,000;

(iii)for a third violation within one year of a violation, a fine of $10,000; and

(iv) for a fourth violation or subsequent violation within one year of a violation, a fine of $25,000 and such further action as the commission may deem appropriate, which may include without limitation the suspension or revocation of the occupational license of any key employee found to be responsible for the violation.

(d) Each employee and representative of a video lottery gaming agent shall have an affirmative obligation to ensure that no underage person engages in any of the activities listed in subdivision (a) of this section. In addition to any penalty that may be imposed by the commission against the video lottery gaming agent, each employee or representative of a video lottery gaming agent who violates any provision of this section may be held jointly or severally liable for any such violation.

(e) The prohibition against underage gaming shall be prominently displayed by the video lottery gaming agent at the video lottery gaming facility, including on each video lottery terminal.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5117.1

Amended New York State Register June 8, 2016/Volume XXXVIII, Issue 23, eff. 6/8/2016