N.Y. Comp. Codes R. & Regs. tit. 9 § 5311.2

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

Section 5311.2 - Definitions

Unless the context indicates otherwise, the following definitions apply throughout this Part:

(a)Available means a minority-owned or women-owned business enterprise, without regard to its geographic location, that is ready, willing and able to provide a commercially useful function on a contract.

(b)Contract means a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000, whereby a gaming facility licensee is committed to expend or does expend funds in return for labor, services, including without limitation legal, financial and other professional services, supplies, equipment, materials or a combination of the foregoing, to be performed for, or rendered or furnished to, such gaming facility licensee; or a written agreement in excess of $100,000 whereby such gaming facility licensee is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon.

(c)Division means the Division of Minority and Women's Business Development in the Department of Economic Development.

(d)Established goals means the percentage of aggregate gaming facility licensee expenditures targeted for the participation of minority- and women-owned business enterprises sought to be included in a gaming facility licensee's operation by contractors, subcontractors, suppliers, consultants, joint ventures, teaming agreements or other similar arrangements. The commission shall adopt such goals annually. In determining what established goals are appropriate in relation to a particular gaming facility licensee, the commission shall consider the following factors:

(1) number, type and percentage of minority- and women-owned business enterprises available;

(2) potential subcontract opportunities in a contract and the availability of minority- and women-owned business enterprises to respond thereto; and

(3) disparity in the contracting area as evidenced by a relevant Department of Economic Development disparity study authorized pursuant to Executive Law section 312(a).

(e)Gaming facility licensee means the holder of a gaming facility license issued by the commission pursuant to article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law as set forth in Part 5301 of this Title.

(f)Gaming facility capital project means a project undertaken by a gaming facility applicant or licensee (including affiliates of any such applicant or licensee) related to the gaming facility and any necessary improvements that include the gaming area and any other non-gaming structure related to the gaming area and may include, hotels, restaurants or other adjoining amenities.

(g)Minority- and women-owned business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation that has been certified as a minority- or woman-owned business enterprise pursuant to article 15-A of the Executive Law.

(h)MWBE director means the director of the division.

(i)Subcontract means any agreement for a total expenditure in excess of $25,000 providing for services, including non-staffing expenditures, supplies or materials of any kind between the gaming facility licensee and a contractor, in which a portion of the contractor's obligation under contract is undertaken or assumed by a business enterprise not controlled by the contractor.

(j) Utilization plan means the plan annually submitted to the commission by a gaming facility licensee listing minority- and women-owned business enterprises that the licensee intends to use in the performance of its operation, or any component of operation, that the gaming facility licensee intends minority- and women-owned business enterprises to perform.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5311.2

Adopted New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff.9/30/2015