N.Y. Comp. Codes R. & Regs. tit. 9 § 5115.3

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

Section 5115.3 - Video lottery gaming facility

(a) In addition to any other requirements required by the act or these regulations, in order to receive an operation certificate from the commission, the applicant for a video lottery gaming agent license must satisfy the commission that the proposed facility will have adequate support facilities as required by these regulations, as well as superior consumer amenities and conveniences comparable to other similar facilities in the industry that will encourage repeated player attendance.

(b) All video lottery gaming facilities shall provide sufficient alternate power sources to permit continued operation of the facility in case of the failure of primary power supplies.

(c) In the event the video lottery gaming agent proposes to conduct video lottery gaming, or to house an amenity thereto, in a temporary structure, and in addition to any other requirements required by these regulations for the commission to issue an operation certificate for such structure, the video lottery gaming agent must demonstrate to the satisfaction of the commission that conducting video lottery gaming, or housing such an amenity, in the proposed temporary structure will be to the economic benefit to the video lottery gaming facility.

(d) Each video lottery gaming facility shall include separate offices of sufficient size for use by the commission and otherwise built in accordance with specifications provided by the commission.

(e) The commission shall not approve the construction or alteration of any facility or building devoted to the operation or housing of video lottery gaming until the person or entity selected to operate such video lottery gaming shall have submitted to the commission a statement of the location of the proposed facility or building, together with a plan of such racetrack, and plans of all existing buildings, seating stands and other structures on the grounds of such racetrack, in such form as the commission may prescribe, and such plans shall have been approved by the commission. The commission, at the expense of the applicant, may order such engineering examination thereof as the commission may deem necessary. Such construction or alteration may be made only with the approval of the commission and after examination and inspection of the plans thereof and the issuance of a permit therefore by the commission.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5115.3