N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1367

* § 1367. Sports wagering. 1. As used in this section:\n (a) "Casino" means a licensed gaming facility at which gambling is\nconducted pursuant to the provisions of this article;\n (b) "Commission" means the commission established pursuant to section\none hundred two of this chapter;\n (c) "Collegiate sport or athletic event" means a sport or athletic\nevent offered or sponsored by or played in connection with a public or\nprivate institution that offers educational services beyond the\nsecondary level;\n (d) "Operator" means a casino which has elected to operate a sports\npool;\n (e) "Professional sport or athletic event" means an event at which two\nor more persons participate in sports or athletic events and receive\ncompensation in excess of actual expenses for their participation in\nsuch event;\n (f) "Prohibited sports event" means any collegiate sport or athletic\nevent that takes place in New York or a sport or athletic event in which\nany New York college team participates regardless of where the event\ntakes place;\n (g) "Sports event" means any professional sport or athletic event and\nany collegiate sport or athletic event, except a prohibited sports\nevent;\n (h) "Sports pool" means the business of accepting wagers on any sports\nevent by any system or method of wagering; and\n (i) "Sports wagering lounge" means an area wherein a sports pool is\noperated.\n 2. No gaming facility may conduct sports wagering until such time as\nthere has been a change in federal law authorizing such or upon a ruling\nof a court of competent jurisdiction that such activity is lawful.\n 3. (a) In addition to authorized gaming activities, a licensed gaming\nfacility may when authorized by subdivision two of this section operate\na sports pool upon the approval of the commission and in accordance with\nthe provisions of this section and applicable regulations promulgated\npursuant to this article. The commission shall hear and decide promptly\nand in reasonable order all applications for a license to operate a\nsports pool, shall have the general responsibility for the\nimplementation of this section and shall have all other duties specified\nin this section with regard to the operation of a sports pool. The\nlicense to operate a sports pool shall be in addition to any other\nlicense required to be issued to operate a gaming facility. No license\nto operate a sports pool shall be issued by the commission to any entity\nunless it has established its financial stability, integrity and\nresponsibility and its good character, honesty and integrity.\n No later than five years after the date of the issuance of a license\nand every five years thereafter or within such lesser periods as the\ncommission may direct, a licensee shall submit to the commission such\ndocumentation or information as the commission may by regulation\nrequire, to demonstrate to the satisfaction of the executive director of\nthe commission that the licensee continues to meet the requirements of\nthe law and regulations.\n (b) A sports pool shall be operated in a sports wagering lounge\nlocated at a casino. The lounge shall conform to all requirements\nconcerning square footage, design, equipment, security measures and\nrelated matters which the commission shall by regulation prescribe.\n (c) The operator of a sports pool shall establish or display the odds\nat which wagers may be placed on sports events.\n (d) An operator shall accept wagers on sports events only from persons\nphysically present in the sports wagering lounge. A person placing a\nwager shall be at least twenty-one years of age.\n (e) An operator shall not admit into the sports wagering lounge, or\naccept wagers from, any person whose name appears on the exclusion list.\n (f) The holder of a license to operate a sports pool may contract with\nan entity to conduct that operation, in accordance with the regulations\nof the commission. That entity shall obtain a license as a casino vendor\nenterprise prior to the execution of any such contract, and such license\nshall be issued pursuant to the provisions of section one thousand three\nhundred twenty-seven of this article and in accordance with the\nregulations promulgated by the commission.\n (g) If any provision of this article or its application to any person\nor circumstance is held invalid, the invalidity shall not affect other\nprovisions or applications of this article which can be given effect\nwithout the invalid provision or application, and to this end the\nprovisions of this article are severable.\n 4. (a) All persons employed directly in wagering-related activities\nconducted within a sports wagering lounge shall be licensed as a casino\nkey employee or registered as a gaming employee, as determined by the\ncommission. All other employees who are working in the sports wagering\nlounge may be required to be registered, if appropriate, in accordance\nwith regulations of the commission.\n (b) Each operator of a sports pool shall designate one or more casino\nkey employees who shall be responsible for the operation of the sports\npool. At least one such casino key employee shall be on the premises\nwhenever sports wagering is conducted.\n 5. Except as otherwise provided by this article, the commission shall\nhave the authority to regulate sports pools and the conduct of sports\nwagering under this article to the same extent that the commission\nregulates other gaming. No casino shall be authorized to operate a\nsports pool unless it has produced information, documentation, and\nassurances concerning its financial background and resources, including\ncash reserves, that are sufficient to demonstrate that it has the\nfinancial stability, integrity, and responsibility to operate a sports\npool. In developing rules and regulations applicable to sports wagering,\nthe commission shall examine the regulations implemented in other states\nwhere sports wagering is conducted and shall, as far as practicable,\nadopt a similar regulatory framework. The commission shall promulgate\nregulations necessary to carry out the provisions of this section,\nincluding, but not limited to, regulations governing the:\n (a) amount of cash reserves to be maintained by operators to cover\nwinning wagers;\n (b) acceptance of wagers on a series of sports events;\n (c) maximum wagers which may be accepted by an operator from any one\npatron on any one sports event;\n (d) type of wagering tickets which may be used;\n (e) method of issuing tickets;\n (f) method of accounting to be used by operators;\n (g) types of records which shall be kept;\n (h) use of credit and checks by patrons;\n (i) type of system for wagering; and\n (j) protections for a person placing a wager.\n 6. Each operator shall adopt comprehensive house rules governing\nsports wagering transactions with its patrons. The rules shall specify\nthe amounts to be paid on winning wagers and the effect of schedule\nchanges. The house rules, together with any other information the\ncommission deems appropriate, shall be conspicuously displayed in the\nsports wagering lounge and included in the terms and conditions of the\naccount wagering system, and copies shall be made readily available to\npatrons.\n * NB Effective upon (see 174/2013 § 52 sb (c))\n