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This entry was published on 2014-09-22
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SECTION 1339
Credit
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 5
§ 1339. Credit. 1. Except as otherwise provided in this section, no
gaming facility licensee or any person licensed under this article, and
no person acting on behalf of or under any arrangement with a gaming
facility licensee or other person licensed under this article, shall:

(a) Cash any check, make any loan, or otherwise provide or allow to
any person any credit or advance of anything of value or which
represents value to enable any person to take part in gaming activity as
a player; or

(b) Release or discharge any debt, either in whole or in part, or make
any loan which represents any losses incurred by any player in gaming
activity, without maintaining a written record thereof in accordance
with the rules of the commission.

2. No gaming facility licensee or any person licensed under this
article, and no person acting on behalf of or under any arrangement with
a gaming facility licensee or other person licensed under this article,
may accept a check, other than a recognized traveler's check or other
cash equivalent from any person to enable such person to take part in
gaming activity as a player, or may give cash or cash equivalents in
exchange for such check unless:

(a) The check is made payable to the gaming facility licensee;

(b) The check is dated, but not postdated;

(c) The check is presented to the cashier or the cashier's
representative at a location in the gaming facility approved by the
commission and is exchanged for cash or slot tokens which total an
amount equal to the amount for which the check is drawn, or the check is
presented to the cashier's representative at a gaming table in exchange
for chips which total an amount equal to the amount for which the check
is drawn; and

(d) The regulations concerning check cashing procedures are observed
by the gaming facility licensee and its employees and agents. Nothing in
this subdivision shall be deemed to preclude the establishment of an
account by any person with a gaming facility licensee by a deposit of
cash, recognized traveler's check or other cash equivalent, or a check
which meets the requirements of subdivision seven of this section, or to
preclude the withdrawal, either in whole or in part, of any amount
contained in such account.

3. When a gaming facility licensee or other person licensed under this
article, or any person acting on behalf of or under any arrangement with
a gaming facility licensee or other person licensed under this article,
cashes a check in conformity with the requirements of subdivision two of
this section, the gaming facility licensee shall cause the deposit of
such check in a bank for collection or payment, or shall require an
attorney or casino key employee with no incompatible functions to
present such check to the drawer's bank for payment, within:

(a) seven calendar days of the date of the transaction for a check in
an amount of one thousand dollars or less;

(b) fourteen calendar days of the date of the transaction for a check
in an amount greater than one thousand dollars but less than or equal to
five thousand dollars; or

(c) forty-five calendar days of the date of the transaction for a
check in an amount greater than five thousand dollars.

Notwithstanding the foregoing, the drawer of the check may redeem the
check by exchanging cash, cash equivalents, chips, or a check which
meets the requirements of subdivision seven of this section in an amount
equal to the amount for which the check is drawn; or he or she may
redeem the check in part by exchanging cash, cash equivalents, chips, or
a check which meets the requirements of subdivision seven of this
section and another check which meets the requirements of subdivision
two of this section for the difference between the original check and
the cash, cash equivalents, chips, or check tendered; or he or she may
issue one check which meets the requirements of subdivision two of this
section in an amount sufficient to redeem two or more checks drawn to
the order of the gaming facility licensee. If there has been a partial
redemption or a consolidation in conformity with the provisions of this
subdivision, the newly issued check shall be delivered to a bank for
collection or payment or presented to the drawer's bank for payment by
an attorney or casino key employee with no incompatible functions within
the period herein specified. No gaming facility licensee or any person
licensed or registered under this article, and no person acting on
behalf of or under any arrangement with a gaming facility licensee or
other person licensed under this article, shall accept any check or
series of checks in redemption or consolidation of another check or
checks in accordance with this subdivision for the purpose of avoiding
or delaying the deposit of a check in a bank for collection or payment
or the presentment of the check to the drawer's bank within the time
period prescribed by this subdivision.

In computing a time period prescribed by this subdivision, the last
day of the period shall be included unless it is a Saturday, Sunday, or
a state or federal holiday, in which event the time period shall run
until the next business day.

4. No gaming facility licensee or any other person licensed or
registered under this article, or any other person acting on behalf of
or under any arrangement with a gaming facility licensee or other person
licensed or registered under this article, shall transfer, convey, or
give, with or without consideration, a check cashed in conformity with
the requirements of this section to any person other than:

(a) The drawer of the check upon redemption or consolidation in
accordance with subdivision three of this section;

(b) A bank for collection or payment of the check;

(c) A purchaser of the gaming facility license as approved by the
commission; or

(d) An attorney or casino key employee with no incompatible functions
for presentment to the drawer's bank.

The limitation on transferability of checks imposed herein shall apply
to checks returned by any bank to the gaming facility licensee without
full and final payment.

5. No person other than a casino key employee licensed under this
article or a gaming employee registered under this article may engage in
efforts to collect upon checks that have been returned by banks without
full and final payment, except that an attorney-at-law representing a
gaming facility licensee may bring action for such collection.

6. Notwithstanding the provisions of any law to the contrary, checks
cashed in conformity with the requirements of this article shall be
valid instruments, enforceable at law in the courts of this state. Any
check cashed, transferred, conveyed or given in violation of this
article shall be invalid and unenforceable for the purposes of
collection but shall be included in the calculation of gross gaming
revenue.

7. Notwithstanding the provisions of subdivision two of this section
to the contrary, a gaming facility licensee may accept a check from a
person to enable the person to take part in gaming activity as a player,
may give cash or cash equivalents in exchange for such a check, or may
accept a check in redemption or partial redemption of a check issued in
accordance with subdivision two of this section, provided that:

(a) (1) The check is issued by a gaming facility licensee, is made
payable to the person presenting the check, and is issued for a purpose
other than employment compensation or as payment for goods or services
rendered;

(2) The check is issued by a banking institution which is chartered in
a country other than the United States on its account at a federally
chartered or state-chartered bank and is made payable to "cash,"
"bearer," a gaming facility licensee, or the person presenting the
check;

(3) The check is issued by a banking institution which is chartered in
the United States on its account at another federally chartered or
state-chartered bank and is made payable to "cash," "bearer," a gaming
facility licensee, or the person presenting the check;

(4) The check is issued by a slot system operator or pursuant to an
annuity jackpot guarantee as payment for winnings from a multi-casino
progressive slot machine system jackpot; or

(5) The check is issued by an entity that holds a gaming facility
license in any jurisdiction, is made payable to the person presenting
the check, and is issued for a purpose other than employment
compensation or as payment for goods or services rendered;

(b) The check is identifiable in a manner approved by the commission
as a check authorized for acceptance pursuant to paragraph (a) of this
subdivision;

(c) The check is dated, but not postdated;

(d) The check is presented to the cashier or the cashier's
representative by the original payee and its validity is verified by the
drawer in the case of a check drawn pursuant to subparagraph one of
paragraph (a) of this subdivision, or the check is verified in
accordance with regulations promulgated under this article in the case
of a check issued pursuant to subparagraph two, three, four or five of
paragraph (a) of this subdivision; and

(e) The regulations concerning check-cashing procedures are observed
by the gaming facility licensee and its employees and agents. No gaming
facility licensee shall issue a check for the purpose of making a loan
or otherwise providing or allowing any advance or credit to a person to
enable the person to take part in gaming activity as a player.

8. Notwithstanding the provisions of subdivisions two and three of
this section to the contrary, a gaming facility licensee may, at a
location outside the gaming facility, accept a personal check or checks
from a person for up to five thousand dollars in exchange for cash or
cash equivalents, and may, at such locations within the gaming facility
as may be permitted by the commission, accept a personal check or checks
for up to five thousand dollars in exchange for cash, cash equivalents,
tokens, chips, or plaques to enable the person to take part in gaming
activity as a player, provided that:

(a) The check is drawn on the patron's bank or brokerage cash
management account;

(b) The check is for a specific amount;

(c) The check is made payable to the gaming facility licensee;

(d) The check is dated but not post-dated;

(e) The patron's identity is established by examination of one of the
following: valid credit card, driver's license, passport, or other form
of identification credential which contains, at a minimum, the patron's
signature;

(f) The check is restrictively endorsed "For Deposit Only" to the
gaming facility licensee's bank account and deposited on the next
banking day following the date of the transaction;

(g) The total amount of personal checks accepted by any one licensee
pursuant to this subdivision that are outstanding at any time, including
the current check being submitted, does not exceed five thousand
dollars;

(h) The gaming facility licensee has a system of internal controls in
place that will enable it to determine the amount of outstanding
personal checks received from any patron pursuant to this subdivision at
any given point in time; and

(i) The gaming facility licensee maintains a record of each such
transaction in accordance with regulations established by the
commission.

9. A person may request the commission to put that person's name on a
list of persons to whom the extension of credit by a gaming facility as
provided in this section would be prohibited by submitting to the
commission the person's name, address, and date of birth. The person
does not need to provide a reason for this request. The commission shall
provide this list to the credit department of each gaming facility;
neither the commission nor the credit department of a gaming facility
shall divulge the names on this list to any person or entity other than
those provided for in this subdivision. If such a person wishes to have
that person's name removed from the list, the person shall submit this
request to the commission, which shall so inform the credit departments
of gaming facilities no later than three days after the submission of
the request.