N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 309

§ 309. Licenses for participants and employees at harness race\nmeetings. 1. For the purpose of maintaining a proper control over\nharness race meetings conducted pursuant to sections two hundred\ntwenty-two through seven hundred five of this chapter, the state racing\nand wagering board may license drivers and such other persons\nparticipating in harness horse race meets, as the board may by rule\nprescribe, including, if the board deem it necessary so to do, owners,\nand some or all persons exercising their occupation or employed at\nharness race meets, provided, however, that no such license shall be\nrequired for seasonal employees hired solely to work for no longer than\nsix weeks during the summer meet at the Syracuse mile. Each applicant\nfor a license shall pay to the board an annual license fee as follows:\nowner's license, if a renewal, fifty dollars, and if an original\napplication, one hundred dollars; trainer's license, twenty dollars;\nassistant trainer's license, twenty dollars; driver's license, twenty\ndollars; farrier's license, twenty dollars; and stable employee's\nlicense, five dollars. Such fees shall be paid to the board and by it\npaid into the state treasury. The board may by rule fix the license fees\nto be paid by other persons required to be licensed by the rules of the\nboard, not to exceed twenty dollars per category. All such licenses,\nunless revoked for cause shall be for the period of no more than one,\ntwo or three years, as determined by rule of the board, expiring on the\napplicant's birth date. Licenses current on the effective date of this\nprovision shall not be reduced in duration by this provision. An\napplicant who applies for a license that, if issued, would take effect\nless than six months prior to the applicant's birth date may, by payment\nof a fifty percent higher fee, receive a license which shall not expire\nuntil the applicant's second succeeding birth date. For each category of\nlicense, the applicant may apply for a two or three year license by\npayment to the board of the appropriate multiple of the annual fee. The\napplications for licenses shall be in writing, accompanied by\nfingerprints and a photograph of the applicant, and shall be in such\nform, and contain such other information, as the board may require. Such\nfingerprints shall be submitted to the division of criminal justice\nservices for a state criminal history record check, as defined in\nsubdivision one of section three thousand thirty-five of the education\nlaw, and may be submitted to the federal bureau of investigation for a\nnational criminal history record check.\n Every person employed after May first, nineteen hundred fifty-four, by\nsuch association or corporation, including officers and directors\nthereof, whether or not such person be licensed, shall file fingerprints\nand a photograph with the board within ten days after such employment.\nThe fingerprints so obtained from applicants for licenses and from\nemployees not to be licensed shall be forthwith transmitted by the board\nto the division of criminal justice services and may also be submitted\nto the federal bureau of investigation or any other government agency\nhaving facilities for checking fingerprints for the purpose of\nestablishing the identity and the previous criminal record, if any, of\nsuch person and such agency shall promptly report its findings to the\nboard in writing.\n 2. If the state racing and wagering board shall find that the\nexperience, character and general fitness of the applicant are such that\nthe participation of such person in harness horse race meets will be\nconsistent with the public interest, convenience and necessity and with\nthe best interests of racing generally in conformity with the purposes\nof sections two hundred twenty-two through seven hundred five of this\nchapter, it may thereupon grant a license.\n Without limiting the generality of the foregoing, the board may refuse\nto issue a license, pursuant to this section, if it shall find that the\napplicant:\n a. Has been convicted of a crime involving moral turpitude;\n b. Has engaged in bookmaking or other form of illegal gambling;\n c. Has been found guilty of any fraud or misrepresentation in\nconnection with racing or breeding;\n d. Has been found guilty of any violation or attempt to violate any\nlaw, rule or regulation of racing in any jurisdiction for which\nsuspension from racing might be imposed in such jurisdiction; or\n e. Who has violated any rule, regulation or order of the board. The\nboard may suspend or revoke a license issued pursuant to this section if\nit shall determine that (i) the applicant or licensee (1) has been\nconvicted of a crime involving moral turpitude; (2) has engaged in\nbookmaking or other form of illegal gambling; (3) has been found guilty\nof any fraud in connection with racing or breeding; (4) has been guilty\nof any violation or attempt to violate any law, rule or regulation of\nany racing jurisdiction for which suspension from racing might be\nimposed in such jurisdiction; or (5) who has violated any rule,\nregulation or order of the board, or (ii) that the experience, character\nor general fitness of any applicant or licensee is such that the\nparticipation of such person in harness racing or related activities\nwould be inconsistent with the public interest, convenience or necessity\nor with the best interests of racing generally.\n 3. 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