N.Y. Comp. Codes R. & Regs. tit. 9 § 5324.41

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

Section 5324.41 - Pai gow poker

(a) Equipment and layout.

(1) Pai gow poker shall be played at a table having on one side betting positions for no more than six players and on the opposite side a place for the dealer.

(2) In addition to the requirements set forth in subdivision (a) of 5324.30 of this Part, the layout for a pai gow poker table shall contain, at a minimum, the following:

(i) six separate designated betting areas for the players at the table with each area being numbered one through six;

(ii) two separate areas located below each betting area that shall be designated for the placement of the high and low hands of that player;

(iii) if a gaming facility offers the optional fortune pai gow poker bonus wager and/or insurance wager:

(a) a separate area for each player, located to the right of the numbered betting areas, designated for the placement of a fortune pai gow poker bonus wager by each player;

(b) a separate area for each player, located to the left of the numbered betting areas, designated for the placement of an insurance wager by each player;

(c) notice of signage for payout odds for the fortune pai gow poker bonus wager and insurance wager and payout amounts for the envy bonus; and

(d) the inscription indicating the payout limit per round of play for the fortune pai gow poker bonus wager and the insurance wager established by the gaming facility or a generic inscription indicating the wagers are subject to the posted payout limit;

(iv) if the gaming facility offers the side wager, a separate area for each player, designated for the placement of that side wager by each player, as well as the payout odds for the side wager;

(v) two separate areas designated for the placement of the high and low hands of the dealer;

(vi) if the gaming facility offers the optional fortune pai gow poker bonus wagers, separate areas for each player, designated for the placement of the three-card bonus wager and seven-card bonus wager; and

(vii) if the gaming facility offers the imperial pai gow bonus wager:

(a) a separate area for each player, located to the right of the area for the placement of a player's pai gow wager, designated for the placement of the imperial pai gow bonus wager; and

(b) an inscription or notice of signage for payout odds for both the player hand bonus and banker hand bonus.

(3) If a gaming facility offers the optional fortune pai gow poker bonus wager, the insurance wager and/or the imperial pai gow bonus wager, a sign shall be posted at each pai gow poker table offering any of these wagers that explains the following:

(i) for the optional fortune pai gow poker bonus wager and the insurance wager, the details of the payout limit established and, if a generic inscription is used, the established payout limit; or

(ii) for the imperial pai gow bonus wager, the payout odds for each bonus wager.

(4) If a gaming facility offers a progressive payout wager, the pai gow poker table shall meet the requirements set forth subdivision (/) of section 5324.2 of this Part.

(b) Cards; number of decks. Unless using an automated card shuffling device pursuant to paragraph (2) of subdivision (b) of section 5324.30 of this Part, pai gow poker shall be played with one deck of cards with backs of the same color and design and one additional cover card. The cover card shall be a solid color readily distinguishable from the color of the backs and edges of the playing cards. The deck of cards used to play pai gow poker shall include one joker.

(c) Pai gow poker rankings; cards; poker hands.

(1) The rank of the cards used in pai gow poker, in order of highest to lowest rank, shall be: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3 and 2. Notwithstanding the foregoing, an ace may be used to complete a straight flush or a straight formed with a 2, 3, 4 and 5. Except as otherwise provided in paragraph (3) of this subdivision, the joker shall be used and ranked as an ace.

(2) The permissible poker hands at the game of pai gow poker, in order of highest to lowest rank, are:

(i) five aces, a high hand consisting of four aces and a joker;

(ii) royal flush, a high hand consisting of an ace, king, queen, jack and 10 of the same suit; however, for purposes of the progressive payout wager, natural royal flush is a royal flush that does not use a joker;

(iii) straight flush, a high hand consisting of five cards of the same suit in consecutive ranking, with ace, 2, 3, 4 and 5 being the highest-ranking straight flush; king, queen, jack, 10 and 9 being the second highest-ranking straight flush; and 6, 5, 4, 3 and 2 being the lowest-ranking straight flush;

(iv) four of a kind, a high hand consisting of four cards of the same rank regardless of suit, with four aces being the highest-ranking four of a kind and four 2s being the lowest-ranking four of a kind;

(v) full house, a high hand consisting of a three of a kind and a pair, with three aces and two kings being the highest-ranking full house and three 2s and two 3s being the lowest-ranking full house;

(vi) flush, a high hand consisting of five cards of the same suit;

(vii) straight, a high hand consisting of five cards of consecutive rank, regardless of suit, with an ace, king, queen, jack and 10 being the highest-ranking straight; an ace, 2, 3, 4 and 5 being the second-highest-ranking straight; and a 6, 5, 4, 3 and 2 being the lowest-ranking straight;

(viii) three of a kind, a high hand containing three cards of the same rank regardless of suit, with three aces being the highest-ranking three of a kind and three 2s being the lowest-ranking three of a kind;

(ix) two pairs, a high hand containing two pairs, with two aces and two kings being the highest-ranking two-pair hand and two 3s and two 2s being the lowest-ranking two-pair hand; and

(x) pair, either a high hand or a low hand consisting of two cards of the same rank, regardless of suit, with two aces being the highest-ranking pair and two 2s being the lowest-ranking pair.

(3) For purposes of setting the hands, a joker may be used as any card to complete a straight, a flush, a straight flush or a royal flush.

(4) Notwithstanding the provisions of paragraph (2) of this subdivision, a gaming facility may determine, in accordance with the facility's approved system of internal controls, that a straight flush formed with an ace, 2, 3, 4 and 5 of the same suit shall be the lowest-ranking straight flush and that a straight formed with an ace, 2, 3, 4 and 5, regardless of suit, shall be the lowest-ranking straight.

(5) When comparing two high hands or two low hands that are of identical poker hand rank pursuant to the provisions of this section, or that contain none of the poker hands authorized in this subdivision, the hand that contains the highest-ranking card as provided in paragraph (1) of this subdivision that is not contained in the other hand shall be considered the higher ranking hand. If the two hands are of identical rank after the application of this subsection, the hands shall be considered a copy hand.

(6) If a gaming facility offers the optional fortune pai gow poker bonus wager, the following seven-card hands, each of which shall have a rank higher than a five-card poker hand of five aces, shall be used to determine the amount of the bonus wager payout or envy bonus payment to which a winning player is entitled:

(i) seven-card straight flush with no joker is a seven-card hand consisting of seven cards of the same suit in consecutive ranking, with no joker being used to complete the straight flush;

(ii) royal flush plus royal match is a seven-card hand consisting of an ace, king, queen, jack and 10 of the same suit, with or without a joker, with one of the following pre-selected by the gaming facility:

(a) an additional king and queen of a same suit; or

(b) an additional ace and king of the same suit, without a joker; and

(iii) seven-card straight flush with joker is a seven-card hand consisting of seven cards of the same suit in consecutive ranking with a joker being used to complete the straight flush.

(7) If a gaming facility offers the insurance wager, a joker is ranked as an ace for purposes of determining this wager.

(d) Wagers.

(1) All wagers at pai gow poker shall be made by placing chips or plaques and, if applicable, table game promotional coupons on the appropriate betting area of the pai gow poker layout.

(2) Only players who are seated at the pai gow poker table may place a wager at the game. Once a player has placed a wager and received cards, such player shall remain seated until the completion of the round of play.

(3) All wagers at pai gow poker shall be placed prior to the dealer announcing "no more bets." No wager at pai gow poker shall be made, increased or withdrawn after the dealer has announced "no more bets."

(4) Upon placing a pai gow poker wager, a player may, if a progressive payout wager is offered by the gaming facility, place a progressive payout wager. Each player shall be responsible for verifying that the acceptor light for such player's betting position has been properly illuminated upon placement of the progressive payout wager.

(5) If a gaming facility offers the optional fortune pai gow poker bonus wagers, upon placing a pai gow poker wager and prior to any cards being dealt for the round of play, a player may place a seven-card bonus wager.

(6) If a gaming facility offers the optional fortune pai gow poker bonus wager or the imperial pai gow bonus wager, upon placing a pai gow poker wager and prior to any cards being dealt for the round of play, a player may place an optional fortune pai gow poker bonus wager or an imperial pai gow bonus wager.

(e) Shuffle and cut of cards.

(1) Upon completion of a manual shuffle, the dealer shall place the stack of cards on top of the cover card. Thereafter, the dealer shall offer the stack of cards to be cut, with the backs facing up and faces facing the layout, to the player determined pursuant to paragraph (2) of this subdivision. If no player accepts the cut, the dealer shall cut the cards.

(2) The cut of the cards shall be offered to players in the following order:

(i) the first player to the table, if the game is just beginning; and

(ii) the player at the farthest position to the right of the dealer, provided, the offer to cut the cards shall rotate in a counter-clockwise manner after the player to the far right of the dealer has been offered the cut.

(f) Procedures for dealing pai gow poker. In addition to the requirements set forth in subdivisions (d) and (e) of section 5324.2 of this Part, the dealer shall deal the cards as follows:

(1) If using a manual dealing shoe, the dealer shall follow the procedures set forth in this paragraph.

(i) The dealer shall determine the starting position for dealing the cards according to subdivision (b) of section 5324.2 of this Part;

(ii) If the gaming facility offers the side wager set forth in subdivision (j) of this section, all such side wagers shall be determined and paid and shall be completed before any card is dealt to any player at the table.

(iii) The dealer shall deal the first card to the starting position and moving clockwise around the table, deal a card to all other positions, including the dealer, regardless of whether there is a wager at the position. The dealer shall then return to the starting position and deal a second card in a clockwise rotation and shall continue dealing until each position, including the dealer, has seven cards.

(iv) After the seven stacks have been delivered to each position, including the dealer, the dealer shall collect any stacks dealt to a position where there is no wager and place the stacks in the discard rack without exposing the cards.

(2) If dealing from the hand, the dealer shall follow the procedures set forth in this paragraph.

(i) The dealer shall deal seven stacks of seven cards each to the area in front of the chip tray by dealing the first seven cards moving from left to right and the second seven cards moving from right to left and shall continue alternating in this manner until there are seven stacks of seven cards.

(ii) The dealer shall then determine the starting position for delivering the stacks of cards according to subdivision (b) of section 5324.2 of this Part.

(iii)lf the gaming facility offers the side wager set forth in subdivision (j) of this section, all such side wagers shall be determined and paid and shall be completed, before any card is dealt to any player at the table.

(iv) The dealer shall deal the first stacks to the starting position and moving clockwise around the table, deliver the remaining stacks in order to all other positions, including the dealer, regardless of whether there is a wager at the position. In delivering the stacks, the stack farthest to the left of the dealer shall be considered the first stack, and the stack farthest to the right of the dealer shall be considered the seventh stack. The dealer shall deliver each stack face down.

(v) After the seven stacks have been delivered to each position, including the dealer, the dealer shall collect any stacks dealt to a position where there is no wager and place the stacks in the discard rack without exposing the cards.

(3) If using an automated dealing shoe, the automated dealing shoe shall dispense cards in stacks of seven cards. The dealer shall follow the procedures set forth in this paragraph:

(i) The dealer shall determine the starting position for delivering the stacks of cards according to subdivision (b) of section 5324.2 of this Part.

(ii) If the gaming facility offers the side wager, all such side wagers shall be determined and paid, before any stack of cards is dealt to any player at the table.

(iii) The dealer shall deal the first stacks to the starting position and moving clockwise around the table, deliver the remaining stacks in order to all other positions, including the dealer, regardless of whether there is a wager at the position. In delivering the stacks, the stack farthest to the left of the dealer shall be considered the first stack and the stack farthest to the right of the dealer shall be considered the seventh stack. The dealer shall deliver each stack face down.

(g) Procedures for completion of each round of play; setting of hands; payment and collection of wagers; payout odds; vigorish.

(1) After the dealing of the cards has been completed, each player shall set such player's hands by arranging the cards into a high hand and low hand. When setting the two hands, the five-card high hand shall be equal to or higher in rank than the two-card low hand.

(2) After all players have set their hands and placed the cards on the table, the seven cards of the dealer shall be turned over and the dealer shall set the dealer's hands by arranging the cards into a high and low hand. The dealer shall then place the two hands face up on the appropriate area of the layout.

(3) Unless a player has placed a progressive payout wager or a seven-card bonus wager, a player may announce a wish to surrender such player's wager prior to the dealer exposing either of the two hands of such player pursuant to paragraph (5) of this subdivision. Once such player has announced an intention to surrender, the dealer shall:

(i) immediately collect the wager from such player; and

(ii) collect the seven cards dealt to such player without exposing the cards to anyone at the table. The dealer shall verify that seven cards were collected by counting the cards face down on the layout prior to placing the cards in the discard rack.

(4) Once the dealer has set a high hand and a low hand, the dealer shall expose both hands of each player, starting from the right and proceeding counter-clockwise around the table. The dealer shall compare the high and low hand of each player to the high and low hand of the dealer and shall announce if the pai gow poker wager of that player shall win, lose or be considered a push. If the player has placed a progressive payout wager, the dealer shall also examine the seven cards of the player and announce if the progressive payout wager of that player shall win or lose. If the player has placed a seven-card bonus wager, the dealer shall also examine the seven cards of the player and announce if the seven-card bonus wager of that player shall win or lose. If the player has placed an imperial pai gow bonus wager, the dealer shall also examine:

(i) the seven cards of the player and announce if the player hand bonus for that player shall win or lose, and

(ii) the seven cards of the bank and announce if the banker hand bonus for that player shall win or lose.

(5) All losing pai gow poker wagers, imperial pai gow bonus wagers, seven-card bonus wagers and progressive payout wagers shall be immediately collected by the dealer and put in the chip tray. Unless the player has a winning progressive payou t wager or winning seven-card bonus wager, all losing pai gow poker hands shall also be collected. A pai gow poker wager made by a player shall lose if:

(i) the high hand of the player is lower in rank than the high hand of the dealer and the low hand of the player is lower in rank than the low hand of the dealer;

(ii) the high hand of the player is identical in rank to the high hand of the dealer or the low hand of the player is identical in rank to the low hand of the dealer (a copy hand) and the other hand of the player is identical in rank or lower in rank than the other hand of the dealer;

(iii) the high hand of the player was not set so as to rank equal to or higher than the low hand of that player; or

(iv) the two hands of the player were not otherwise set correctly in accordance with the rules of the game (for example, a player forms a three-card low hand and a four-card high hand).

(6) If a pai gow poker wager is a push, the dealer shall not collect or pay the wager, but shall return the pai gow poker wager to the player. Unless the player has a winning progressive payout wager or a winning seven-card bonus wager, the dealer shall then immediately collect the cards of that player. A pai gow poker wager made by a player shall be a push if:

(i) the high hand of the player is higher in rank than the high hand of the dealer, but the low hand of the player is identical in rank to the low hand of the dealer (copy hand) or lower in rank than the low hand of the dealer; or

(ii) the high hand of the player is identical in rank to the high hand of the dealer (copy hand) or lower in rank than the high hand of the dealer, but the low hand of the player is higher in rank than the low hand of the dealer.

(7) All hands that resulted in a winning pai gow poker wager, winning seven-card bonus wager, winning imperial pai gow bonus wager, or winning progressive payout wager shall remain face up on the layout. Winning wagers shall be paid after all hands are exposed. The dealer shall pay winning wagers beginning with the player farthest to the right of the dealer and continuing counter-clockwise around the table. A pai gow poker wager made by a player shall win if the high hand of the player is higher in rank than the high hand of the dealer and the low hand of the player is higher in rank than the low hand of the dealer. If a player has a winning pai gow poker wager and a winning progressive payout wager, winning imperial pai gow bonus wager, or a winning seven-card bonus wager, the pai gow poker wager shall be paid first.

(8) A winning pai gow poker wager shall be paid by a gaming facility at no less than odds of 1:1, except that the gaming facility shall collect a vigorish from the winning player in an amount equal to five percent of the amount won; provided, however, that when collecting the vigorish, the gaming facility may round off the vigorish to 25 cents or the next highest multiple of 25 cents. A gaming facility shall collect the vigorish from a player at the time the winning payout is made. After a winning pai gow poker wager has been paid and the vigorish collected, the dealer shall then, if applicable, pay the winning progressive payout wager, winning imperial pai gow bonus wager or the winning seven-card bonus wager of that player. Before paying a winning progressive payout wager, winning imperial pai gow bonus wager, or winning seven-card bonus wager, the dealer shall, if necessary, reset the player's high hand and low hand to form the hand type yielding the highest progressive wager payout or seven-card bonus payout to which the player is entitled. Except as otherwise required pursuant to paragraph (9) of this subdivision, the dealer shall then collect the cards from that player.

(9) If a player has won a progressive payout wager that is not being paid from the chip tray, the cards of such player shall remain on the table until the necessary documentation has been completed.

(h) Player bank; co-banking; selection of bank; procedures for dealing.

(1) A gaming facility may offer to all players at a pai gow poker table the opportunity to bank the game. If the gaming facility elects this option, all provisions of this subdivision shall apply except to the extent that they conflict with the provisions of this paragraph, in which case the provisions of this paragraph shall control for any round of play in which a player is the bank.

(2) Player may not be the bank at the start of the game. For the purposes of this subdivision, the start of the game shall mean the first round of play after the dealer is required to shuffle the cards.

(3) After the first round of play pursuant to paragraph (2) of this subdivision, each player at the table shall have the option to either be the bank or pass the bank to the next player. The dealer shall, starting with the player farthest to the right of the dealer, offer the bank to each player in a counter-clockwise rotation around the table until a player accepts the bank. The dealer shall place a marker designating the bank in front of the player who accepts the bank. If the first player offered the bank accepts, the player seated to the right of that player shall first be offered the bank on the next round of play. The initial offer to be the bank shall rotate counter-clockwise around the table until it returns to the dealer. In no event may any player bank two consecutive rounds of play. If no player wishes to be the bank, the round of play shall proceed in accordance with the rules of play provided in this section.

(4) Before a player may be permitted to bank a round of play, the dealer shall determine that:

(i) the player placed a wager against the dealer during the last round of play in which there was no player banking the game; and

(ii) the player has sufficient chips on the table to cover all of the wagers placed by other players at the table for that round of play.

(5) A gaming facility may offer the bank the option of having the gaming facility cover 50 percent of the wagers made during a round of play. If the gaming facility offers this option, the gaming facility shall make such option available to all players at the table. If the bank wishes to use this option, the bank shall specifically request the dealer to accept responsibility for the payment of one-half of all winning wagers. When the bank covers 50 percent and the gaming facility covers 50 percent of the winning wagers, such arrangement shall be known as co-banking and the dealer shall place a marker designating the co-bank in front of that player. When the dealer is co-banking, the dealer shall be responsible for setting the hand of the bank in the manner submitted to the commission for written approval. When co-banking is in effect, the dealer may not place a wager against the bank.

(6) If a player is the bank, the player may wager on one betting area only.

(7) Once the dealer has determined that a player may be the bank pursuant to paragraph (4) of this subdivision and after the cards have been shuffled, the dealer shall remove chips from the chip tray in an amount equal to the last wager made by that player against the dealer or in an amount, the calculation of which has been approved by the commission. This amount shall be the amount the dealer wagers against the bank. The bank may direct that the sum wagered by the dealer be a lesser amount or that the dealer places no wager during that round of play. Any amount wagered by the dealer shall be placed in front of the chip tray.

(8) If the cards are to be dealt from a manual dealing shoe, the procedures set forth in paragraph (1) of subdivision (f) of this section shall apply, except as follows:

(i) if a pai gow poker shaker and dice are used to determine the starting position for the dealing of the cards, the bank, instead of the dealer, shall shake the pai gow poker shaker three times. The dealer shall have the responsibility to ensure that the bank shakes the pai gow poker shaker at least three times so as to cause a random mixture of the dice. Once the bank has completed shaking the pai gow poker shaker, the dealer shall remove the lid covering the pai gow poker shaker, total the dice and announce the total. The dealer shall always remove the lid from the pai gow poker shaker and if the bank inadvertently removes the lid, the dealer shall require the pai gow poker shaker to be covered and re-shaken by the bank;

(ii) if a computerized random number generator is used to determine the starting position for the dealing of the cards, the device shall be operated in accordance with the gaming facility's system of internal controls; and

(iii) when counting the betting positions, including the dealer, to determine the starting position for dealing the cards, the position of the banker, instead of the dealer, shall be considered number one.

(9) If the cards are to be dealt from the hand, the procedures set forth in paragraph (2) of subdivision (f) of this section shall apply, except as follows:

(i) once the dealer has completed dealing the seven stacks and placed the four remaining cards in the discard rack, the bank shall select the first stack to be delivered by the dealer. This stack shall be designated as the first stack by the dealer, who shall move the stack toward the players;

(ii) if a pai gow poker shaker and dice are used to determine the starting position for the delivery of the first stack, the bank, instead of the dealer, shall shake the pai gow poker shaker three times pursuant to subparagraph (ii) of paragraph (3) of subdivision (j) of this section. The dealer shall be responsible to ensure that the bank shakes the pai gow poker shaker at least three times so as to cause a random mixture of the dice. Once the bank has completed shaking the pai gow poker shaker, the dealer shall remove the lid covering the pai gow poker shaker, total the dice and announce the total. The dealer shall always remove the lid from the pai gow poker shaker and if the bank inadvertently removes the lid, the dealer shall require the pai gow poker shaker to be covered and re-shaken by the bank;

(iii) if a computerized random number generator is used to determine the starting position for the dealing of the cards, the bank shall use the procedures set forth in subdivision (c) of section 5324.2 of this Part; and

(iv) when counting the betting positions, including the dealer, to determine the starting position for delivering the seven stacks of cards, the position of the bank, instead of the dealer, shall be considered number one; and

(v) the dealer shall deliver the first stack as determined in subparagraph (i) of this paragraph to the starting position as determined in subparagraph (iii) of paragraph (2) of subdivision (j) of this section. Thereafter, the dealer shall deliver the remaining stacks in a clockwise rotation beginning with the stack closest to the right of the first stack and proceeding until all stacks to the right of the first stack have been dealt and then moving to the stack farthest to the left of the dealer and proceeding left to right. If there are no stacks to the right of the first stack, the dealer shall begin with the stack farthest to the left and proceed to the right. The dealer shall deliver each stack face down to each position, including the dealer, regardless of whether there is a wager at the position.

(10) If the cards are to be dealt from an automated dealing shoe, the procedures set forth in paragraph (3) of subdivision (j) of this section shall apply, except as follows:

(i) if a pai gow poker shaker and dice are used to determine the starting position for the delivery of the first stack of cards dispensed by the automated dealing shoe, the bank, instead of the dealer, shall shake the pai gow poker shaker three times pursuant to paragraph (3) of subdivision (j) of this section. The dealer shall be responsible to ensure that the bank shakes the pai gow poker shaker at least three times so as to cause a random mixture of the dice. Once the bank has completed shaking the pai gow poker shaker, the dealer shall remove the lid covering the pai gow poker shaker, total the dice and announce the total. The dealer shall always remove the lid from the pai gow poker shaker and if the bank inadvertently removes the lid, the dealer shall require the pai gow poker shaker to be covered and re-shaken by the bank;

(ii) if a computerized random number generator is used to determine the starting position for the dealing of the cards, the bank shall use the procedures set forth in subdivision (c) of section 5324.2 of this Part; and

(iii) when counting the betting positions, including the dealer, to determine the starting position for delivering the stacks of cards as they are dispensed by the shoe, the position of the bank, instead of the dealer shall be considered number one.

(11) If the cards dealt to the dealer have not been previously collected, after each player has set such player's two hands and placed such hands on the appropriate area of the layout, the two hands of the dealer shall then be set. Once the dealer has formed a high and low hand, the dealer shall expose the hands of the bank and determine if the hands of the dealer are higher in rank than the hands of the bank. If the dealer wins, the cards of the dealer shall be stacked face up to the right of the chip tray with the amount wagered by the dealer against the bank placed on top. If the dealer pushes, the dealer shall return the amount wagered by the dealer against the bank to the chip tray. If the dealer loses, the amount wagered by the dealer against the bank shall be moved to the center of the layout.

(12) If banking is in effect, once the dealer has determined the outcome of the wager of the dealer against the bank, if any, the dealer shall expose the hands of each player, starting with the player farthest to the right of the dealer and proceeding counter-clockwise around the table. The dealer shall compare the high and low hand of each player to the high and low hand of the bank and shall announce if the wager shall win, lose or be considered a push against the bank. All losing wagers shall be collected immediately and placed in the center of the table. After all hands have been exposed, all winning wagers, including the dealer's wager, shall be paid by the dealer with the chips located in the center of the table. If this amount becomes exhausted before all winning wagers have been paid, the dealer shall collect from the bank an amount equal to the remaining winning wagers and place such amount in the center of the layout. The remaining winning wagers shall be paid from the amount in the center of the layout. If, after collecting all losing wagers and paying all winning wagers, there is a surplus in the center of the table, such amount shall be charged a five percent vigorish in accordance with the provisions of subdivision (g) of this section. Once the vigorish has been paid, the remaining amount shall be given to the bank.

(13) If co-banking is in effect, once the dealer has set the co-bank hand pursuant to paragraph (5) of this subdivision, the dealer shall expose the hands of each player starting with the player farthest to the right of the dealer and proceeding counterclockwise around the table. The dealer shall compare the high and low hand of each player to the high and low hand of the bank and shall announce if the wager shall win, lose or be considered a push against the bank. All losing wagers shall be immediately collected and placed in the center of the table. After all hands have been exposed, all winning wagers shall be paid by the dealer with the chips located in the center of the table. If this amount becomes exhausted before all winning wagers have been paid, the dealer shall collect from the co-bank an amount equal to one-half of the remaining winning wagers and place such amount in the center of the layout. The dealer shall remove an amount equal to one-half of the remaining winning wagers from the chip tray and place that amount in the center of the layout. The remaining winning wagers shall be paid from the total amount in the center of the layout. If, after collecting all losing wagers and paying all winning wagers, there is a surplus in the center of the table, such amount shall be counted and the dealer shall place half of such amount into the chip tray. The dealer shall collect a five percent vigorish in accordance with paragraph (8) of subdivision (g) of this section on the remaining amount and place the vigorish amount in the chip tray. The remaining amount then shall be given to the co-bank. Immediately after a winning wager of the dealer is paid, this amount and the original wager shall be returned to the chip tray.

(14) Each player who has a winning wager against the bank shall pay a five percent vigorish on the amount won to the dealer, in accordance with paragraph (8) of subdivision (g) of this section.

(15) If a gaming facility offers the progressive payout wager, the imperial pai gow bonus wager or the optional bonus wagers, the processing and settlement of such wagers shall be governed by the rules applicable to such wagers throughout this section.

(i) A player wagering on more than one betting area.

(1) Except as provided in paragraph (6) of subdivision (h) of this section, a gaming facility may permit a player to wager on no more than two betting areas at a pai gow poker table, which areas shall be adjacent to each other.

(2) If a gaming facility permits a player to wager on two adjacent betting areas, the cards dealt to each betting area shall be played separately. If the two wagers are not equal, the player shall be required to rank and set the hand with the larger wager before ranking and setting the other hand. If the amounts wagered are equal, each hand shall be played separately in a counter-clockwise rotation, with the first hand being ranked and set before the player proceeds to rank and set the second hand. Once a hand has been ranked and set and placed face down on the appropriate area of the layout, the hand may not be changed.

(j) Permissible side wager.

(1) If a gaming facility uses a random number generator to determine the starting position for the dealing of cards or the delivery of stacks of cards, the gaming facility may offer to every player at the pai gow poker table the option to make an additional wager as to which one of the numbers 1 through 7 shall be selected and displayed by the random number generator at the beginning of a round of play.

(2) The following procedures shall be observed by any gaming facility offering the additional wager authorized by this section:

(i) prior to the activation of the random number generator at the beginning of a round of play, any player who has made a pai gow poker wager may, at the same time, make the additional wager authorized by this subdivision. A player may make an additional wager on more than one number during each round of play;

(ii) a player shall make an additional wager by placing chips, plaques and, if applicable, table game promotional coupons, on the number selected by the player in the area designated for additional wagers on the pai gow poker table layout.

(iii) an additional wager shall win if the number selected by the player in subparagraph (ii) of this paragraph is the same number selected and displayed by the random number generator as the first player position to receive cards during that round of pai gow poker. All other additional wagers shall lose;

(iv) after the dealer announces "no more bets" and the random number generator selects and displays the position number for that round of play, any losing additional wagers shall be collected immediately by the dealer;

(v) any winning additional wagers shall be paid immediately after collection of any losing additional wagers and prior to any card being dealt to any player at the table; and

(vi) a gaming facility shall pay winning additional wagers at odds of no less than 5.5:1 and no more than 6:1 and in accordance with the payout odds imprinted on the pai gow poker table layout; provided, however, that payouts for any additional winning wagers shall be rounded down to the nearest whole dollar.

(3) Any additional wager made pursuant to this subdivision shall have no bearing upon any other wager made by a player at the game of pai gow poker.

(k) Progressive payout wager.

(1)A gaming facility may offer to every player at a pai gow poker table who has placed a pai gow poker wager the option to make a progressive payout wager on whether the player shall be dealt a hand type as set forth in paragraph (4) of this subdivision. The progressive payout wager shall, in the discretion of the gaming facility, be either a $1 or $5 wager.

(2) Prior to the first card or stack of cards of a round being dealt and once all wagers including progressive payout wagers have been placed, the dealer shall announce "no more bets" and press the lock-out button on the table controller panel. The dealer shall then remove any wagers placed on the progressive payout from the chip tray return device, verify, on the layout in front of the chip tray, that the that the number of chips wagered equals the number of lights illuminated on the acceptor devices and place the chips into the chip tray.

(3) A winning progressive payout wager shall be paid in accordance with the payout table listed in paragraph (4) of this subdivision. A winning progressive payout wager shall be paid without regard to the outcome of the player's pai gow poker wager. Prior to paying a winning progressive payout wager, the dealer shall:

(i) verify that the light on the correct acceptor device has been illuminated;

(ii) verify that the hand is a winning hand; and

(iii) require a supervisor to validate any payouts to be deducted from the progressive meter pursuant to paragraph (5) of this subdivision and the gaming facility's system of internal controls.

(4) A gaming facility shall pay winning progressive payout wagers at no less than the following amounts:

(i) for a $5 progressive wager, multiply payout amount by five; and

(ii) for a $1 progressive wager:

Hand	Payout
Natural royal flush and pair	100% of meter
Five aces and pair	100% of meter
Natural royal flush	10% of meter
Five aces	10% of meter
Royal flush and pair	$200
Royal flush	$100
Straight flush and pair	$50
Straight flush	$25
Four of a kind and pair	$40
Four of a kind	$20
Full house and pair	$10
Full house	$5
Flush and pair	$6
Flush	$3
Straight and pair	$4
Straight	$2
Three of a kind	$2

(5) The rate of progression of the progressive meter used to determine the progressive payouts required by paragraph (4) of this subdivision shall be no less than 21 percent of the amount wagered for the $1 progressive wager and 27 percent of the amount wagered for the $5 progressive wager. Any progressive wager payout of $50 or more or for a straight flush for a $1 progressive wager, and any progressive wager payout of $250 or more or for a straight flush for a $5 progressive wager, shall be deducted from the progressive meter.

(6) Any payout determined by the amount on the progressive meter shall be based upon the amount that is on the meter at the time the player's progressive payout wager is paid, without regard to the amount that was on the meter when the player placed the wager or when the dealer dealt the player's cards.

(l) Pai gow insurance wager; side bonus wager; payment of envy bonus.

(1) A gaming facility may offer to each player at a pai gow poker table the opportunity to make a pai gow insurance wager and/or a fortune pai gow poker bonus wager and receive an envy bonus payment in accordance with the provisions of this subdivision. The optional fortune pai gow poker bonus wager authorized by this subdivision may not be offered by a gaming facility on any pai gow poker table that offers the optional three-card bonus wager, the imperial pai gow bonus wager or the seven-card bonus wager.

(2) Any player who has made a pai gow poker wager may, at the same time, make a pai gow insurance wager and/or a fortune pai gow poker bonus wager by placing chips in the area designated for a bonus wager at such player's betting position. A bonus wager shall be no less than $1.

(3) Any player who makes a fortune pai gow poker bonus wager of at least $5 shall qualify to receive an envy bonus payment. The dealer shall place an envy bonus marker immediately in front any fortune pai gow poker bonus wager of $5 or more.

(4) If one or more players makes a pai gow insurance wager and/or a fortune pai gow poker bonus wager, the dealer shall follow the procedures set forth in subparagraph (i) of this paragraph, but with the following modifications:

(i) the dealer shall, starting from the dealer's right and moving counter-clockwise around the table, settle the pai gow poker wager of each player and collect any vigorish that is due; provided, however, that:

(a) the cards of any player who has placed a fortune pai gow poker bonus wager shall remain on the layout, regardless of the outcome of such player's pai gow poker wager, until removed in accordance with the provisions of clauses (a) or (b) of subparagraph (ii) of this paragraph; and

(b) if any player has placed a pai gow insurance wager or a fortune pai gow poker bonus wager of at least $5, the cards of each player shall remain on the layout, regardless of the outcome of such player's pai gow poker wager, until removed in accordance with the provisions of subparagraphs (ii) or (iii) of this paragraph;

(ii) after settling the pai gow poker wager of a player who has placed a pai gow insurance wager or a fortune pai gow poker bonus wager, the dealer shall rearrange the seven cards of the player to form the best possible hand and ultimately shall be responsible for creating such hand for purposes of the pai gow insurance wager and the fortune pai gow poker bonus wager. Except for the pai gow insurance wager, a joker may be used as any card to complete any straight, flush, straight flush or royal flush other than a seven-card straight flush with no joker. If any player at the table has placed a bonus wager of at least $5, the dealer shall rearrange the cards of each player at the table regardless of whether such player has placed a fortune pai gow poker bonus wager;

(a) if the player does not have a qualifying poker hand or a pai gow, the dealer shall collect the fortune pai gow poker bonus wager and/or pai gow insurance wager, if applicable, and place the cards of the player in the discard rack;

(b) if the player has a qualifying poker hand or a pai gow, the dealer shall, if and as applicable, pay the winning fortune pai gow poker bonus wager and/or the winning pai gow insurance wager and place the cards of the player in the discard rack;

(c) if the player has a premium qualifying poker hand, the dealer verbally shall acknowledge the premium qualifying poker hand and leave the fortune pai gow poker bonus wager, if applicable, and the cards of the player face up on the table; and

(iii) after all other fortune pai gow poker bonus wagers and pai gow insurance wagers have been settled, the dealer shall, starting from the dealer's right and moving counter-clockwise around the table, settle with each player who has an envy bonus marker at such player's betting position or who has a fortune pai gow poker bonus wager and a premium qualifying poker hand.

(a) If the player has an envy bonus marker, the dealer shall pay the player the appropriate envy bonus payment and collect the envy bonus marker.

(b) If the player has a fortune pai gow poker bonus wager and a premium qualifying poker hand, the dealer shall pay the winning fortune pai gow poker bonus wager and place the cards of the player in the discard rack.

(c) After all envy bonuses and premium qualifying poker hands are paid, the dealer shall collect the cards of any player who had a premium qualifying poker hand but did not place a fortune pai gow poker bonus wager and place the cards of the player in the discard rack.

(m) Payout odds for fortune pai gow poker bonus wagers; envy bonus payments; pai gow insurance wagers.

(1) Fortune pai gow poker bonus wagers shall be paid at no less than as set forth on one of the following pay tables, as the gaming facility may choose:

Hand	Pay table A	Pay table B	Pay table C
Straight	2:1	2:1	2:1
Three of a kind	3:1	3:1	3:1
Flush	4:1	4:1	4:1
Full house	5:1	5:1	5:1
Four of a kind	25:1	25:1	20:1
Straight flush	50:1	50:1	50:1
Royal flush	150:1	150:1	100:1
Five aces	400:1	400:1	250:1
Seven-card straight flush with joker	1000:1	1000:1	750:1
Royal flush plus royal match	2000:1	2000:1	1000:1
Seven-card straight flush with no joker	8000:1	5000:1	5000:1

(2) Envy bonus payments shall be paid pursuant to one of the following pay tables, as the gaming facility may choose (each envy pay table shall correspond with the same pay table letter chosen in paragraph (1) of this subdivision:

Hand	Pay table A	Pay table B	Pay table C
Four of a kind	$5	$5	$5
Straight flush	$20	$20	$10
Royal flush	$50	$50	$25
Five aces	$250	$250	$50
Seven-card straight flush with joker	$500	$500	$100
Royal flush plus royal match	$1000	$1000	$250
Seven-card straight flush with
no joker	$5000	$3000	$1000

(3) Pai gow insurance wagers shall be paid pursuant to the payout odds set forth in one of the following pay tables, pre-selected by the gaming facility:

Hand	Pav table A	Pav table B	Pav table C	Pav table D	Pav table E
ace high	2:1	2:1	1:1	3:1	3:1
king high	3:1	3:1	5:1	5:1	5:1
queen high	5:1	5:1	10:1	6:1	7:1
jack high	20:1	25:1	25:1	15:1	15:1
10 high	40:1	75:1	50:1	25:1	25:1
9 high	400:1	250:1	100:1	100:1	100:1

(4) Notwithstanding the minimum payout odds required in paragraphs (1) and (3) of this subdivision and the fixed bonus amount required in paragraph (2) of this subdivision, a gaming facility may establish a maximum payout amount as approved by the commission that is payable to a player for one round of play, which amount shall be at least $40,000 or the maximum amount that one player could win per round when betting the minimum permissible wagers, whichever is greater. If the established payout limit is not included on the layout, each gaming facility shall provide notice of any decrease in the payout limit. Any maximum payout limit established by a gaming facility shall apply only to payouts of pai gow poker bonus wagers and pai gow insurance wagers placed.

(n) Dealing procedures for three-card bonus wager and seven-card bonus wager.

(1)A gaming facility may offer to each player at a pai gow poker table the opportunity to place an optional three-card bonus wager and/or a seven-card bonus wager and to receive payouts on such winning wagers. The bonus wagers authorized by this subdivision may not be offered by a gaming facility on any pai gow poker table that offers the optional bonus wager or the imperial pai gow bonus wager. The three-card bonus wager and the seven-card bonus wager shall have no bearing on any other wager made by a player at the game of pai gow poker.

(2) Notwithstanding any other provision of this section, the dealing procedures set forth in this section shall apply to any pai gow poker game that offers the optional bonus wagers authorized by this section. The first three cards dealt to each player shall be dealt from an automated dealing shoe that dispenses cards in stacks of three cards.

(3) Once the procedures required by subdivision (e) of this section have been completed, the cards shall be placed in the automated dealing shoe. The dealer then shall announce "no more bets."

(4) The dealer shall deliver the first stack of three cards dispensed by the automated dealing shoe face down to the player at the starting position. The starting position shall be the player position farthest to the left of the dealer at which a pai gow poker wager has been placed.

(5) As the remaining stacks of three cards are dispensed to the dealer by the automated dealing shoe, the dealer shall, moving clockwise around the table, deliver a stack face down to each of the other players who has placed a pai gow poker wager. The dealer shall then deliver a stack of three cards face down to the area designated for the dealer's hand.

(6) Each player who has placed a three-card-bonus wager shall, after examining such player's cards, determine whether the three-card hand qualifies for a three-card bonus wager payout. Each player who has placed a three-card bonus wager and who has a winning hand shall place such player's cards face up on the layout. The dealer shall collect all three-card bonus wagers from players with losing three-card hands and then pay all winning three-card bonus wagers.

(7) After each stack of three cards has been dispensed and delivered and each three-card bonus wager has been settled in accordance with this section, the dealer shall complete the dealing of the cards by following one of the following procedures.

(i) The dealer shall remove the stub from the automated dealing shoe, place the stub on top of a cover card and, following the relevant dealing procedures in paragraph (2) of subdivision (f) of this section, deal four additional cards face down to each player and the dealer. The dealer shall deal the first four consecutive cards to the player farthest to the dealer's left who has placed a pai gow poker wager and, moving clockwise around the table, continue to deal four consecutive cards to each player who has placed a pai gow poker wager. The dealer shall then deal four consecutive cards to the area designated for the dealer's hand. After each player who has placed a pai gow poker wager and the dealer have been dealt a total of seven cards, the dealer shall place the stub in the discard rack without exposing the cards and the round of play shall proceed.

(ii) The dealer shall deliver the first stack of four additional cards dispensed by the automated dealing shoe face down to the player farthest to the dealer's left who has placed a pai gow poker wager. As the remaining stacks are dispensed to the dealer by the automated dealing shoe, the dealer shall, moving clockwise around the table, deliver a stack of four cards face down to each player who has placed a pai gow poker wager. The dealer shall then deliver a stack of four additional cards face down to the area designated for the dealer's hand. The round of play shall then proceed. The dealer shall be required to count the stub at least once every five rounds of play in order to determine whether the correct number of cards is still in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

(8) The counting of the stub shall not be required if an automated card shuffling device is used that counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards, plus the joker, are still present. If the automated card shuffling device reveals that an incorrect number of cards are present, the deck shall be removed from the table.

(o) Payout odds for optional three-card bonus wager and seven-card bonus wager.

(1) A gaming facility shall pay winning three-card bonus wagers at no less than the following odds:

Hand	Payout
One pair	1:1
Three-card flush	3:1
Three-card straight	4:1
Three-card straight flush	5:1
Three of a kind	25:1
Three-card straight flush with no joker	40:1

(2) A gaming facility shall pay winning seven-card bonus wagers at no less than the odds in accordance with one of the following payout tables:

Hand	Pav table A	Pav table B
Straight	2:1	2:1
Three of a kind	3:1	3:1
Flush	4:1	4:1
Full house	5:1	5:1
Four of a kind	25:1	25:1
Straight flush with joker	50:1	30:1
Straight flush with no joker Royal flush	250:1	50:1 200:1
Five aces	500:1	500:1

(3) Notwithstanding the minimum payout odds required in paragraph (3) of this subdivision, a gaming facility may establish a maximum payout amount as approved by the commission that is payable to a player for one round of play, which amount shall be at least $50,000 or the maximum amount that one player could win per round when betting the minimum permissible wager, whichever is greater. If the established payout limit is not included on the layout, each gaming facility shall provide notice of any decrease in the payout limit. Any maximum payout limit established by a gaming facility shall apply only to payouts of the seven-card bonus wager placed.

(p) Imperial pal gow bonus wager.

(1) A gaming facility may, in its discretion, offer to each player at a pai gow poker table the opportunity to make an imperial pai gow bonus wager and receive bonus payouts. The optional bonus wager authorized by this subdivision may not be offered by a gaming facility on any pai gow poker table that offers the pai gow insurance wager, optional bonus wager and envy bonus or the optional three-card bonus wager and the seven-card bonus wager. The imperial pai gow bonus wager shall have no bearing on any other permitted wager made by a player at the game of pai gow poker.

(2) Any player who has made a pai gow poker wager may, at the same time, make a bonus wager by placing chips in the area designated for the imperial pai gow bonus wager at such player's betting position. Minimum and maximum imperial pai gow bonus wagers shall be established in the gaming facility's system of internal controls.

(3) If an imperial pai gow bonus wager has been made by one or more players, the dealer shall observe the procedures set forth in subdivision (g) of this section but with the following modifications:

(i) After settling the pai gow poker wager of a player who has placed an imperial pai gow bonus wager, the dealer shall rearrange the seven cards of the player to form the best possible hand and determine if the player's hand qualifies for the player hand bonus payout. The dealer shall be responsible ultimately for creating such hand for purposes of the player's hand bonus. A joker may be used as any card to complete any straight, flush, straight flush or five aces. The dealer shall pay any player hand bonus.

(ii) After the dealer determines whether a player's hand qualifies for a player hand bonus and settles such bonus, the dealer shall determine whether the dealer's hand qualifies for a banker hand bonus. If a player is banking a round of play, the banker hand bonus for all other players shall be determined by the bank's hand and the banker hand bonus for the bank shall be determined by the dealer's hand. The dealer shall pay any banker hand bonus in accordance with the payout odds for imperial pai gow wager bonus wager.

(4) A gaming facility shall pay a player hand bonus for the highest qualifying hand type at the following odds:

Hand	Payout
Three of a kind	2:1
Straight	2:1
Flush	4:1
Full house	5:1
Four of a kind	25:1
Straight flush	50:1
Royal flush	200:1
Five aces	1000:1

(5) A gaming facility shall pay a banker hand bonus for the highest qualifying hand type at the following odds:

Hand	Payout
Jack high	5:1
10 high	20:1
9 high	100:1

(6) Notwithstanding the payout odds required in paragraphs (4) and (5) of this subdivision, a gaming facility may establish a maximum payout amount as approved by the commission that is payable to a player for one round of play, which amount shall be at least $40,000 or the maximum amount that one player could win per round when betting the minimum permissible wager, whichever is greater. If the established payout limit is not included on the layout, each gaming facility shall provide notice of any decrease in the payout limit. Any maximum payout limit established by a gaming facility shall apply only to aggregate player hand bonus and banker hand bonus payouts for imperial pai gow bonus wagers placed.

(q) Irregularities. If the bank does not set the bank's own hands correctly, the wager shall not be lost, and the dealer shall be required to reset the bank's hands in the manner submitted to the commission, so that the round of play may be completed.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5324.41

Adopted New York State Register November 16, 2016/Volume XXXVIII, Issue 46, eff. 11/16/2016