N.Y. Comp. Codes R. & Regs. tit. 9, § 5117.2 – Underage gaming violations—affirmative defenses.

(a) No video lottery gaming agent, representative, or employee thereof shall be liable for any underage gaming violation if such person can establish to a fair preponderance of the evidence at a hearing held pursuant to these regulations an affirmative defense in a manner set forth below.
(b) For purposes of establishing an affirmative defense to an underage gaming violation, the video lottery gaming agent, representative or employee thereof must show that it verified the underage patron’s identification and such identification indicated that the underage patron was of lawful age. Additionally, the underage patron must have produced one of the following:
1. (1) a photographic driver’s license issued by the laws of a state or other government that appears on the face of the license to be valid for such person in all respects; or
2. (2) a photographic identification card or a similar card issued pursuant to the laws of a state or the Federal government that appears on the face of the card to be valid for such person in all respects.