N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 307

§ 307. Licenses for harness race meetings. 1. Any association or\ncorporation desiring to conduct harness race meetings at which\npari-mutuel betting shall be permitted may apply annually to the state\nracing and wagering board for a license so to do. If, in the judgment of\nthe state racing and wagering board the public interest, convenience or\nnecessity will be served thereby and a proper case for the issuance of\nsuch license is shown consistent with the purposes of sections two\nhundred twenty-two through seven hundred five of this chapter and the\nbest interests of racing generally, it may grant such license for a term\nending not later than the thirty-first day of December next succeeding\nthe granting thereof, specifying dates and hours during which and the\nplace where the licensee may operate; provided, however, that any\nharness racetrack which applies to the state racing and wagering board\nfor permission to make one or more capital improvements may, in\nconnection with such application or before or after such application,\nalso apply to the state racing and wagering board for, and the state\nracing and wagering board shall, as an inducement for or in recognition\nof the making of such capital improvement, grant a capital improvement\nlicense, which may be conditioned on the completion of the capital\nimprovement if not yet made, for a period of not more than twenty-five\nyears, but in no event for a period longer than is necessary to amortize\nany loan for capital improvements and shall specify for each year of the\nterm of said license the minimum number of days on which, and the\nminimum number of hours on each such day, and the places where said\nlicensee may conduct such harness race meetings at which pari-mutuel\nbetting shall be permitted. Such a capital improvement license shall be\nissued if in the judgment of the state racing and wagering board the\npublic interest, convenience or necessity will be served thereby and a\nproper case for the issuance of such a license is shown consistent with\nthe purposes of sections two hundred twenty-two through seven hundred\nfive of this chapter and the best interests of racing generally, and in\ndetermining the period and other terms of such capital improvement\nlicense, the state racing and wagering board shall be guided by the\nnature of the capital improvement and the cost thereof. Such capital\nimprovement license shall automatically expire, irrespective of the term\nthereof, when the loan of funds upon which it has been issued, has been\npaid off by the licensee. Where a capital improvement license is\ngranted, the state racing and wagering board shall specify annually the\ndates on which, but not beyond the thirty-first day of December, and\nhours during which such licensee may operate, at the places and for the\nfull number of days and hours specified in its capital improvement\nlicense.\n 2. Every such license shall be issued upon condition:\n a. That every harness horse race meeting at which pari-mutuel betting\nis conducted shall be subject to the supervision of and to the\nreasonable rules and regulations from time to time prescribed by the\nstate racing and wagering board, and\n b. That pari-mutuel betting conducted thereunder shall also be subject\nto the supervision of and to the reasonable regulations from time to\ntime prescribed by the state tax commission. Any such license may also\nbe issued upon any other condition that the state racing and wagering\nboard shall determine to be necessary or desirable to insure that the\npublic interest, convenience or necessity is served.\n 3. Applications for licenses shall be in such form as may be\nprescribed by the board and shall contain such information or other\nmaterial or evidence as the board may require. Each application for\nrenewal of a license shall be deemed to be an application for a new\nlicense. The fee for such licenses shall be one hundred dollars for each\nracing day payable in installments in advance of each week's racing\nwhich sums shall be paid into the general fund of the state treasury by\nthe board. The term "racing week" shall include those days as defined\nby the rules and regulations of the racing and wagering board.\n 4. In considering an application for a license under this section the\nstate racing and wagering board may give consideration to the number of\nlicenses already granted and to the location of the tracks previously\nlicensed. No such license shall be granted to any track which has not\nconducted pari-mutuel harness racing during at least ten calendar years\nand which is located within ten miles of a state, county or town fair\nconducting harness racing for the three consecutive years immediately\npreceding April second, nineteen hundred fifty-three, which license\nshall be operative during the racing dates of such fair, unless the\nassociation, corporation or society conducting such fair shall\naffirmatively waive objection to the issuance of such license for dates\nwithin such period. No such license shall be granted to any track\nlocated within the corporate limits of a city of the first class. No\nsuch license shall be granted to any harness horse racetrack located\nwithin twenty-five miles of any track already licensed for the same\ndates and hours except with the consent of the licensee located within\nsuch twenty-five mile area.\n 5. The board may refuse to grant a license to an association or\ncorporation if it shall determine that:\n a. Any officer, director, member or stockholder of such association or\ncorporation applying for a license, or of any association or corporation\nwhich owns stock in or shares in the profits, or participates in the\nmanagement, of the affairs of such applicant, or which leases to such\napplicant the track where it shall operate:\n (i) has been convicted of a crime involving moral turpitude;\n (ii) has engaged in bookmaking or other forms of illegal gambling;\n (iii) has been found guilty of any fraud or misrepresentation in\nconnection with racing or breeding;\n (iv) has been guilty of any violation or attempt to violate any law,\nrule or regulation of any racing jurisdiction for which suspension from\nracing might be imposed in such jurisdiction;\n (v) has violated any rule, regulation or order of the board; or\n b. The experience, character or general fitness of any officer,\ndirector or stockholder of any of the aforesaid associations or\ncorporations is such that the participation of such person in harness\nracing or related activities would be inconsistent with the public\ninterest, convenience or necessity or with the best interests of racing\ngenerally; but if the board determines that the interest of any\nstockholder referred to in this paragraph or in paragraph a of this\nsubdivision is insufficient in the opinion of the board to affect\nadversely the conduct of pari-mutuel harness racing by such association\nor corporation in accordance with the provisions of this article, the\nboard may disregard such interest in determining whether or not to grant\na license to such association or corporation; or\n c. The applicant is not the owner of the track at which it will\nconduct pari-mutuel harness racing pursuant to the license applied for,\nor that any person, firm, association or corporation other than the\napplicant shares, or will share, in the profits of the applicant, other\nthan by dividends as a stockholder, or participates or will participate\nin the management of the affairs of the applicant.\n 5-a. The board shall not issue a license pursuant to this section to\nany harness racing association or corporation which does not apply to\nconduct at its facilities a minimum number of pari-mutuel programs and\npari-mutuel races at its facilities equal to at least seventy-five per\ncentum of the programs and races so conducted during nineteen hundred\neighty-five or during nineteen hundred eighty-six, or one hundred per\ncentum of the programs and races so conducted during two thousand,\nwhichever is greater; provided, however, that for a harness racing\nassociation or corporation located in Westchester and Erie counties,\nsuch minimum number of pari-mutuel programs and pari-mutuel races at its\nfacilities shall equal at least one hundred per centum of the programs\nand races conducted during two thousand. If the track did not conduct\nraces during two thousand, such minimum number of pari-mutuel programs\nand pari-mutuel races at its facilities shall equal at least ninety per\ncentum of the programs and races conducted during two thousand at\nBuffalo raceway, in the town of Hamburg and county of Erie, unless\ncancellation of a race day because of an act of God, which the board\napproves or because of weather conditions that are unsafe or hazardous\nwhich the board approves shall not be construed as a failure to conduct\na race day; provided further, the board shall not grant a license to\nsuch association or corporation upon application unless such programs\nand races are conducted during the same calendar year period as were\nconducted during the applicable period above utilized to measure the\nminimum number of pari-mutuel programs and pari-mutuel races, as\napproved by the board. Nothing in the foregoing paragraph shall affect\nany agreement in effect on or before the effective date of this\nparagraph. The board may grant a license to such association or\ncorporation to conduct fewer such programs and races for good cause\nshown due to factors beyond the control of such association or\ncorporation, and upon consent of the representative horsemen's\nassociation, as determined pursuant to section three hundred eighteen of\nthis article.\n 5-b. Notwithstanding any inconsistent provision of subdivision five-a\nof this section and article ten of this chapter, where the board\ncertifies by December first of the proceeding year that the number of\nstandardbred horses eligible for competition is less than that of the\nbase year as defined in subdivision five-a of this section, and only if\nthe authorized horsemen's association concurs as evidenced by a written\nagreement between the track and the horsemen's association, a licensee\npursuant to this section may submit and the board may accept a license\napplication requesting a reduced number of race dates where it is in the\nbest interest of racing within this state and provided that the licensee\nshall not be penalized or required by the board to diminish simulcasting\nactivities or incur an increased tax liability as a result of a board\nsanctioned reduction in its live racing activity under this subdivision.\n 6. The board shall also have power to refuse to grant a license:\n a. To any association or corporation, the charter or certificate of\nincorporation of which shall fail to contain a provision requiring any\nstockholder, upon written demand of the association or corporation, to\nsell his stock to the association or corporation at a price to be fixed\nin the manner otherwise provided by law, provided such demand be made\npursuant to written direction of the board; and from and after the date\nof the making of such demand, prohibiting the transfer of such\ncertificate of stock, except to the association or corporation; or\n b. To any association or corporation which, having been a licensee,\nhas failed in the opinion of the board to properly maintain its track\nand plant in good condition or has failed to make adequate provision for\nrehabilitation and capital improvements to its track and plant.\n 7. Pending final determination of any question under this section, the\nboard may issue a temporary license upon such terms and conditions as it\nmay deem necessary, desirable or proper to effectuate the provisions of\nsections two hundred twenty-two through seven hundred five of this\nchapter.\n 8. Notwithstanding any other provision of this article, the state\nracing and wagering board may, no more than once in any calendar year,\ngrant a license to any authorized harness racing association or\ncorporation to hold and conduct one additional harness race meeting of\nnot more than seven days duration, with pari-mutuel betting, on any mile\ntrack within this state, to enable said authorized harness racing\nassociation or corporation to conduct a special stakes race not limited\nto the Hambletonian stakes and associated events.\n 9. The board shall have power to direct that every certificate of\nstock of an association or corporation licensed under the provisions of\nsections two hundred twenty-two through seven hundred five of this\nchapter shall bear a legend plainly and prominently imprinted upon the\nface of the certificate reading: "This certificate of stock is\ntransferable only subject to the provisions of section three hundred\nthree of the racing, pari-mutuel wagering and breeding law".\n 10. Notwithstanding the provisions of section three hundred twenty-one\nof this chapter, the refusal of an application for such license shall be\npreceded by notice and an opportunity to be heard. In the conduct of\nsuch hearing the board shall not be bound by technical rules of evidence\nbut all evidence offered before the board shall be reduced to writing,\nand such evidence together with the exhibits, if any, and the findings\nof the board, shall be permanently preserved and shall constitute the\nrecord of the board in such case. Such hearing may be presided over by\nthe chairman of the board or by any member or by an officer of the board\ndesignated by the chairman in writing to act as hearing officer and such\nperson or persons may issue subpoenas for witnesses and administer oaths\nto witnesses. The hearing officer, at the conclusion of the hearing\nshall make findings which, if concurred in by two members of the board,\nshall become the findings of the board. The action of the board in\nrefusing a license shall be reviewable in the supreme court in the\nmanner provided by the provisions of article seventy-eight of the civil\npractice law and rules.\n