§ 1323. Key employee licenses. 1. No licensee or a holding or
intermediary company of a licensee may employ any person as a casino key
employee unless the person is the holder of a valid casino key employee
license issued by the commission.

2. Each applicant for a casino key employee license must, prior to the
issuance of any casino key employee license, produce information,
documentation and assurances concerning the following qualification
criteria:

(a) Each applicant for a casino key employee license shall produce
such information, documentation and assurances as may be lawfully
required to establish by clear and convincing evidence the financial
stability, integrity and responsibility of the applicant, including but
not limited to bank references, business and personal income and
disbursements schedules, tax returns and other reports filed with
governmental agencies, and business and personal accounting and check
records and ledgers. In addition, each applicant shall, in writing,
authorize the examination of all bank accounts and records as may be
deemed necessary by the commission.

(b) Each applicant for a casino key employee license shall produce
such information, documentation and assurances as may be required to
establish by clear and convincing evidence the applicant's good
character, honesty and integrity. Such information shall include data
pertaining to family, habits, character, reputation, criminal history
information, business activities, financial affairs, and business,
professional and personal associates, covering at least the ten year
period immediately preceding the filing of the application. Each
applicant shall notify the commission of any civil judgments obtained
against such applicant pertaining to antitrust or security regulation
laws of the federal government, of this state or of any other state,
jurisdiction, province or country. In addition, each applicant shall,
upon request of the commission, produce letters of reference from law
enforcement agencies having jurisdiction in the applicant's place of
residence and principal place of business, which letters of reference
shall indicate that such law enforcement agencies do not have any
pertinent non-sealed information concerning the applicant, or if such
law enforcement agency does have such information pertaining to the
applicant, shall specify what that information is. If the applicant has
been associated with gaming operations in any capacity, position or
employment in a jurisdiction which permits such activity, the applicant
shall, upon request of the commission, produce letters of reference from
the gaming enforcement or control agency, which shall specify the
experience of such agency with the applicant, his or her associates and
his or her participation in the gaming operations of that jurisdiction;
provided, however, that if no such letters are received from the
appropriate law enforcement agencies within sixty days of the
applicant's request therefor, the applicant may submit a statement under
oath that he or she is or was during the period such activities were
conducted in good standing with such gaming enforcement or control
agency.

(c) Each applicant employed by a gaming facility licensee shall be a
resident of the state prior to the issuance of a casino key employee
license; provided, however, that upon petition by the holder of a
license, the commission may waive this residency requirement for any
applicant whose particular position will require him to be employed
outside the state; and provided further that no applicant employed by a
holding or intermediary company of a licensee shall be required to
establish residency in this state.

(d) For the purposes of this section, each applicant shall submit to
the commission the applicant's name, address, fingerprints and written
consent for a criminal history information as defined in paragraph (c)
of subdivision one of section eight hundred forty-five-b of the
executive law, to be performed. 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 licensee, who was the subject of such criminal history
information pursuant to this section, is arrested for a crime or offense
in this state after the date the check was performed.

3. The commission shall deny a casino key employee license to any
applicant who is disqualified on the basis of the criteria contained in
section one thousand three hundred eighteen of this title, subject to
notice and hearing.

4. Upon receipt of such criminal history information, the commission
shall provide such applicant with a copy of such criminal history
information, together with a copy of article twenty-three-A of the
correction law, and inform such applicant of his or her right to seek
correction of any incorrect information contained in such criminal
history information pursuant to regulations and procedures established
by the division of criminal justice services. Except as otherwise
provided by law, such criminal history information shall be confidential
and any person who willfully permits the release of such confidential
criminal history information to persons not permitted to receive such
information shall be guilty of a misdemeanor.

5. Upon petition by the holder of a license, the commission may issue
a temporary license to an applicant for a casino key employee license,
provided that:

(a) The applicant for the casino key employee license has filed a
completed application as required by the commission;

(b) The petition for a temporary casino key employee license
certifies, and the commission finds, that an existing casino key
employee position of the petitioner is vacant or will become vacant
within sixty days of the date of the petition and that the issuance of a
temporary key employee license is necessary to fill the said vacancy on
an emergency basis to continue the efficient operation of the casino,
and that such circumstances are extraordinary and not designed to
circumvent the normal licensing procedures of this article;

6. Unless otherwise terminated pursuant to this article, any temporary
casino key employee license issued pursuant to this section shall expire
nine months from the date of its issuance.