N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 401
General powers of commission
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 401. General powers of state racing and wagering board. 1. Pursuant\nto the provisions of sections two hundred twenty-two through seven\nhundred five of this chapter, the state racing and wagering board shall\nhave power to supervise generally all quarter horse race meetings in\nthis state at which pari-mutuel betting is conducted. The board may\nadopt rules and regulations not inconsistent with sections two hundred\ntwenty-two through seven hundred five of this chapter to carry into\neffect its purposes and provisions and to prevent circumvention or\nevasion thereof. In order that the rules of quarter horse racing may be\nuniform throughout the United States, the board may adopt the rules and\nregulations of the American Quarter Horse Association, in whole or in\npart, and may adopt such other or different rules as it deems necessary\nto carry into effect the purposes and provisions of sections two hundred\ntwenty-two through seven hundred five of this chapter.\n 2. Without limiting the generality of the foregoing, and in addition\nto its other powers:\n a. The state racing and wagering board shall have power to fix minimum\nand maximum charges for admission to quarter horse race meetings at\nwhich pari-mutuel betting is conducted provided, however, that the state\nracing and wagering board shall have power to fix the charge for\nadmission of members of the armed forces of the United States in uniform\nat one-half of the amount fixed for such admission generally under\nauthority of this section.\n b. The state racing and wagering board shall prescribe rules and\nregulations for effectually preventing the use of improper devices, the\nadministration of drugs or stimulants or other improper acts for the\npurpose of affecting the speed of quarter horses in any race in which\nthey are about to participate.\n c. The rules of the board shall also provide that all winning\npari-mutuel tickets must be presented for payment before April first of\nthe year following the year of their purchase and failure to present any\nsuch ticket within the prescribed period of time shall constitute a\nwaiver of the right to participate in the award or dividend.\n d. The board shall have power in its discretion, consistent with the\npowers of the state tax commission, to prescribe uniform methods of\nkeeping accounts, records and books to be observed by associations or\ncorporations licensed under the provisions of this article or by any\nassociation or corporation which owns stock in, or shares in the\nprofits, or participates in the management or affairs of, such licensed\nassociation or corporation, or by any person, firm, association or\ncorporation holding any concession, right or privilege to perform any\nservice or sell any article at any track at which pari-mutuel quarter\nhorse racing meets are conducted. The board may also in its discretion,\nconsistent with the powers of the state tax commission, prescribe by\norder forms of accounts, records and memoranda to be kept by such\npersons, firms, associations or corporations. The board shall have power\nto visit, investigate, and place expert accountants, or such other\npersons as it may deem necessary, in the offices, tracks or other places\nof business of any such person, firm, association or corporation for the\npurpose of seeing that the provisions of sections two hundred twenty-two\nthrough seven hundred five of this chapter and rules and regulations\nissued by the board thereunder are strictly complied with. Such persons,\nfirms, associations or corporations shall annually file with the board,\non such date as the board shall prescribe, a report showing their\nfinancial condition and financial transactions during the fiscal year,\nincluding a balance sheet and a profit and loss statement, verified by\nthe oath of at least two of its principal officers, if it be an\nassociation or corporation having officers, and by one or more of the\nowners or proprietors thereof if not an association or corporation. The\nreport shall be in such form and contain such other matters as the board\nmay determine from time to time to be necessary to disclose accurately\nthe financial condition and operation of such persons, firms,\nassociations or corporations during the preceding fiscal year. The board\nmay for good cause shown grant a reasonable extension of time for the\nfiling of any such report.\n
§ 401. General powers of commission. 1. Pursuant to the provisions of\nsections two hundred twenty-two through seven hundred five of this\nchapter, the commission shall have power to supervise generally all\nquarter horse race meetings in this state at which pari-mutuel betting\nis conducted. The commission may adopt rules and regulations not\ninconsistent with sections two hundred twenty-two through seven hundred\nfive of this chapter to carry into effect its purposes and provisions\nand to prevent circumvention or evasion thereof. In order that the rules\nof quarter horse racing may be uniform throughout the United States, the\ncommission may adopt the rules and regulations of the American Quarter\nHorse Association, in whole or in part, and may adopt such other or\ndifferent rules as it deems necessary to carry into effect the purposes\nand provisions of sections two hundred twenty-two through seven hundred\nfive of this chapter.\n 2. Without limiting the generality of the foregoing, and in addition\nto its other powers:\n a. The commission shall have power to fix minimum and maximum charges\nfor admission to quarter horse race meetings at which pari-mutuel\nbetting is conducted provided, however, that the commission shall have\npower to fix the charge for admission of members of the armed forces of\nthe United States in uniform at one-half of the amount fixed for such\nadmission generally under authority of this section.\n b. The commission shall prescribe rules and regulations for\neffectually preventing the use of improper devices, the administration\nof drugs or stimulants or other improper acts for the purpose of\naffecting the speed of quarter horses in any race in which they are\nabout to participate.\n c. The rules of the commission shall also provide that all winning\npari-mutuel tickets must be presented for payment before April first of\nthe year following the year of their purchase and failure to present any\nsuch ticket within the prescribed period of time shall constitute a\nwaiver of the right to participate in the award or dividend.\n d. The commission shall have power in its discretion, consistent with\nthe powers of the department of taxation and finance, to prescribe\nuniform methods of keeping accounts, records and books to be observed by\nassociations or corporations licensed under the provisions of this\narticle or by any association or corporation that owns stock in, or\nshares in the profits, or participates in the management or affairs of,\nsuch licensed association or corporation, or by any person, firm,\nassociation or corporation holding any concession, right or privilege to\nperform any service or sell any article at any track at which\npari-mutuel quarter horse racing meets are conducted. The commission may\nalso in its discretion, consistent with the powers of the department of\ntaxation and finance, prescribe by order forms of accounts, records and\nmemoranda to be kept by such persons, firms, associations or\ncorporations. The commission shall have power to visit, investigate, and\nplace expert accountants, or such other persons as it may deem\nnecessary, in the offices, tracks or other places of business of any\nsuch person, firm, association or corporation for the purpose of seeing\nthat the provisions of sections two hundred twenty-two through seven\nhundred five of this chapter and rules and regulations issued by the\ncommission thereunder are strictly complied with. Such persons, firms,\nassociations or corporations shall annually file with the commission, on\nsuch date as the commission shall prescribe, a report showing their\nfinancial condition and financial transactions during the fiscal year,\nincluding a balance sheet and a profit and loss statement, verified by\nthe oath of at least two of its principal officers, if it be an\nassociation or corporation having officers, and by one or more of the\nowners or proprietors thereof if not an association or corporation. The\nreport shall be in such form and contain such other matters as the\ncommission may determine from time to time to be necessary to disclose\naccurately the financial condition and operation of such persons, firms,\nassociations or corporations during the preceding fiscal year. The\ncommission may for good cause shown grant a reasonable extension of time\nfor the filing of any such report.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.