New York Relinquishment Of Franchises By Nonprofit Racing Association.
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§ 208-a. Relinquishment of franchises by nonprofit racing association.
1. No nonprofit racing association shall relinquish a franchise granted
to it pursuant to section two hundred eight of this chapter or a
franchise granted to it pursuant to section two hundred twenty-four of
this chapter at any time within the term of any such franchises without
giving separate written notification of its intention to effect
relinquishment by certified mail return receipt requested to the New
York state thoroughbred racing capital investment fund and the state
racing and wagering board not less than one hundred eighty days prior to
the date such association proposes to be the effective date of
relinquishment.
2. Such an association shall not present a certificate of dissolution
of its corporate existence under article ten of the business corporation
law to the department of state with the consent required by law attached
thereto for a period of at least one hundred eighty days following the
date that the association elected to dissolve its corporate status in
the manner authorized by the provisions of such article.
3. Such an association also shall not present a petition for judicial
dissolution of its corporate existence to a court pursuant to the
provisions of section eleven hundred six of such law under the
provisions of section eleven hundred two, eleven hundred three or eleven
hundred four of such law or any combination of such sections for a
period of at least one hundred eighty days following the date that
action was completed under section eleven hundred two, eleven hundred
three or eleven hundred four of such law or any combination of such
sections authorizing the presentation of such petition and the
association agrees to name the fund in the petition for the purpose of
enabling the fund to receive a copy of any order to show cause made by a
court under the provisions of such section eleven hundred six.
4. Such an association during the term of such a franchise shall not
sell or liquidate any of its racing facilities without the prior written
approval of both the board of the New York state thoroughbred racing
capital investment fund and the New York state racing and wagering board
in the manner provided by section two hundred nine-a of this chapter and
after January first, nineteen hundred ninety-eight, shall not convey any
existing racing facility without a law authorizing such conveyance.