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This entry was published on 2014-09-22
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SECTION 1326
Licensing of vendor enterprises
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 4
§ 1326. Licensing of vendor enterprises. 1. Any business to be
conducted with a gaming facility applicant or licensee by a vendor
offering goods or services which directly relate to gaming activity,
including gaming equipment manufacturers, suppliers, repairers, and
independent testing laboratories, shall be licensed as a casino vendor
enterprise in accordance with the provisions of this article prior to
conducting any business whatsoever with a gaming facility applicant or
licensee, its employees or agents; provided, however, that upon a
showing of good cause by a gaming facility applicant or licensee, the
executive director may permit an applicant for a casino vendor
enterprise license to conduct business transactions with such gaming
facility applicant or licensee prior to the licensure of that casino
vendor enterprise applicant under this subdivision for such periods as
the commission may establish by regulation.

2. In addition to the requirements of subdivision one of this section,
any casino vendor enterprise intending to manufacture, sell, distribute,
test or repair slot machines within the state shall be licensed in
accordance with the provisions of this article prior to engaging in any
such activities; provided, however, that upon a showing of good cause by
a gaming facility applicant or licensee, the executive director may
permit an applicant for a casino vendor enterprise license to conduct
business transactions with the gaming facility applicant or licensee
prior to the licensure of that casino vendor enterprise applicant under
this subdivision for such periods as the commission may establish by
regulation; and provided further, however, that upon a showing of good
cause by an applicant required to be licensed as a casino vendor
enterprise pursuant to this subdivision, the executive director may
permit the casino vendor enterprise applicant to initiate the
manufacture of slot machines or engage in the sale, distribution,
testing or repair of slot machines with any person other than a gaming
facility applicant or licensee, its employees or agents, prior to the
licensure of that casino vendor enterprise applicant under this
subdivision.

3. Vendors providing goods and services to gaming facility licensees
or applicants ancillary to gaming shall be required to be licensed as an
ancillary casino vendor enterprise and shall comply with the standards
for casino vendor license applicants.

4. Each casino vendor enterprise required to be licensed pursuant to
subdivision one of this section, as well as its owners; management and
supervisory personnel; and employees if such employees have
responsibility for services to a gaming facility applicant or licensee,
must qualify under the standards, except residency, established for
qualification of a casino key employee under this article.

5. Any vendor that offers goods or services to a gaming facility
applicant or licensee that is not included in subdivision one or two of
this section including, but not limited to site contractors and
subcontractors, shopkeepers located within the facility, gaming schools
that possess slot machines for the purpose of instruction, and any
non-supervisory employee of a junket enterprise licensed under
subdivision three of this section, shall be required to register with
the commission in accordance with the regulations promulgated under this
article.

Notwithstanding the provisions aforementioned, the executive director
may, consistent with the public interest and the policies of this
article, direct that individual vendors registered pursuant to this
subdivision be required to apply for either a casino vendor enterprise
license pursuant to subdivision one of this section, or an ancillary
vendor industry enterprise license pursuant to subdivision three of this
section, as directed by the commission. The executive director may also
order that any enterprise licensed as or required to be licensed as an
ancillary casino vendor enterprise pursuant to subdivision three of this
section be required to apply for a casino vendor enterprise license
pursuant to subdivision one of this section. The executive director may
also, in his or her discretion, order that an independent software
contractor not otherwise required to be registered be either registered
as a vendor pursuant to this subdivision or be licensed pursuant to
either subdivision one or three of this section.

Each ancillary casino vendor enterprise required to be licensed
pursuant to subdivision three of this section, as well as its owners,
management and supervisory personnel, and employees if such employees
have responsibility for services to a gaming facility applicant or
licensee, shall establish their good character, honesty and integrity by
clear and convincing evidence and shall provide such financial
information as may be required by the commission. Any enterprise
required to be licensed as an ancillary casino vendor enterprise
pursuant to this section shall be permitted to transact business with a
gaming facility licensee upon filing of the appropriate vendor
registration form and application for such licensure.

6. Any applicant, licensee or qualifier of a casino vendor enterprise
license or of an ancillary casino vendor enterprise license under
subdivision one of this section, and any vendor registrant under
subdivision five of this section shall be disqualified in accordance
with the criteria contained in section one thousand three hundred
eighteen of this article, except that no such ancillary casino vendor
enterprise license under subdivision three of this section or vendor
registration under subdivision five of this section shall be denied or
revoked if such vendor registrant can affirmatively demonstrate
rehabilitation pursuant to article twenty-three-A of the correction law.

7. No casino vendor enterprise license or ancillary casino vendor
enterprise license shall be issued pursuant to subdivision one of this
section to any person unless that person shall provide proof of valid
business registration with the department of state.

8. For the purposes of this section, each applicant shall submit to
the commission the name, address, fingerprints and a written consent for
a criminal history information to be performed, for each person required
to qualify as part of the application. The commission is hereby
authorized to exchange fingerprint data with and receive criminal
history record information from the state division of criminal justice
services and the federal bureau of investigation consistent with
applicable state and federal laws, rules and regulations. The applicant
shall pay the fee for such criminal history information as established
pursuant to article thirty-five of the executive law. The state division
of criminal justice services shall promptly notify the commission in the
event a current or prospective qualifier, who was the subject of a
criminal history record check pursuant to this section, is arrested for
a crime or offense in this state after the date the check was performed.

9. Subsequent to the licensure of any entity pursuant to subdivision
one of this section, including any finding of qualification as may be
required as a condition of licensure, or the registration of any vendor
pursuant to subdivision three of this section, the executive director
may revoke, suspend, limit, or otherwise restrict the license,
registration or qualification status upon a finding that the licensee,
registrant or qualifier is disqualified on the basis of the criteria set
forth in section one thousand three hundred eighteen of this article.

10. After notice and hearing prior to the suspension of any license,
registration or qualification issued pursuant to subdivision seven of
this section the commission shall have the obligation to prove by
substantial evidence that the licensee, registrant or qualifier is
disqualified on the basis of the criteria set forth in section one
thousand three hundred eighteen of this article.