N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 409

§ 409. Licenses for participants and employees at quarter horse race\nmeetings. 1. For the purpose of maintaining a proper control over\nquarter horse 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 jockeys or riders and such other persons\nparticipating in quarter 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\nquarter horse race meets. Each applicant for a license shall pay to the\nboard an annual license fee as follows: owner's license, if a renewal,\nfifty dollars, and if an original application, one hundred dollars;\ntrainer's license, twenty dollars; assistant trainer's license, twenty\ndollars; jockey's license, fifty dollars; jockey agent'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 by such association or corporation licensed to\nconduct pari-mutuel quarter horse racing, including officers and\ndirectors thereof, whether or not such person be licensed, shall file\nfingerprints and a photograph with the board within thirty days after\nbeing so employed or taking such office. Every person employed after\nJanuary first, nineteen hundred seventy-one, by such association or\ncorporation, including officers and directors thereof, whether or not\nsuch person be licensed, shall file fingerprints and a photograph with\nthe board within ten days after such employment or after taking such\noffice. The fingerprints so obtained from applicants for licenses and\nfrom employees not to be licensed shall be forthwith transmitted by the\nboard to the division of criminal justice services and may also be\nsubmitted to the federal bureau of investigation or any other government\nagency having 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 board shall find that the experience, character and general\nfitness of the applicant are such that the participation of such person\nin quarter horse race meets will be consistent with the public interest,\nconvenience and necessity and with the best interests of racing\ngenerally in conformity with the purposes of sections two hundred\ntwenty-two through seven hundred five of this chapter, it may thereupon\ngrant 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 quarter horse racing or related\nactivities would be inconsistent with the public interest, convenience\nor necessity or 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