US Laws, Codes, Statutes & Cases

 
    §  213.  Licenses  for  participants  and  employees at race meetings;
  competitive bidding and review of  certain  contracts  of  a  non-profit
  racing  association.  1. For the purpose of maintaining a proper control
  over race meetings conducted pursuant to section two  hundred  seven  of
  this  article, the state racing and wagering board shall license owners,
  which term shall be deemed to include part owners and lessees, trainers,
  assistant trainers and jockeys, jockey  agents,  stable  employees,  and
  such  other  persons as the board may by rule prescribe at running races
  and at steeplechases and hunts, provided, however, that no such  license
  shall  be  required  for  seasonal employees hired solely to work for no
  longer than six weeks during the summer meet at Saratoga  racetrack.  In
  the  event  that a proposed licensee is other than a natural person, the
  board shall require by regulation disclosure of the names and  addresses
  of  all  owners  of  an  interest  in such entity. The board may retain,
  employ or appoint such officers, employees and agents, as  it  may  deem
  necessary   to  receive,  examine  and  make  recommendations,  for  the
  consideration  of  the  board,  in  respect  of  applications  for  such
  licenses;  prescribe their duties in connection therewith, and fix their
  compensation therefor within the limitations  prescribed  by  law.  Each
  applicant  for a license shall pay to the board an annual license fee as
  follows: owner's license,  if  a  renewal,  fifty  dollars,  and  if  an
  original  application,  one  hundred  dollars; trainer's license, thirty
  dollars; assistant trainer's license, thirty dollars; jockey's  license,
  fifty  dollars;  jockey  agent's  license,  twenty  dollars;  and stable
  employee's license, five dollars. Each applicant may  apply  for  a  two
  year  or  three  year license by payment to the board of the appropriate
  multiple of the annual fee. The board may by rule fix the  license  fees
  to  be paid by other persons required to be licensed by the rules of the
  board, not to exceed thirty dollars per category.  The  application  for
  the license shall be in writing in such form as the board may prescribe,
  and  contain  such information as the board may require. The board shall
  henceforth cause all applicants for  licenses  to  be  photographed  and
  fingerprinted  and  may  issue  identification  cards to licensees. Such
  fingerprints shall be submitted to  the  division  of  criminal  justice
  services  for  a  state  criminal  history  record  check, as defined in
  subdivision one of section three thousand thirty-five of  the  education
  law,  and  may be submitted to the federal bureau of investigation for a
  national criminal history record check. A fee equal to the  actual  cost
  of   issuance  shall  be  charged  for  the  initial  issuance  of  such
  identification cards. Each such license unless revoked for  cause  shall
  be for the period of no more than one, two or three years, determined by
  rule  of  the  board,  expiring  on the applicant's birth date. Licenses
  current on the effective date of this provision shall not be reduced  in
  duration by this provision. An applicant who applies for a license that,
  if  issued,  would  take  effect  less  than  six  months  prior  to the
  applicant's birth date may, by payment of a fifty  percent  higher  fee,
  receive  a  license  which shall not expire until the applicant's second
  succeeding birth date. All  receipts  of  the  board  derived  from  the
  operation of this section shall be paid by it into the state treasury on
  or  before the tenth day of each month. All officials connected with the
  actual conduct of racing shall be approved by the board.
    2. If the  state  racing  and  wagering  board  shall  find  that  the
  financial  responsibility,  experience, character and general fitness of
  the applicant are such that the participation of  such  person  will  be
  consistent  with  the public interest, convenience or necessity and with
  the best interests of racing generally in conformity with  the  purposes
  of  this article, it shall thereupon grant a license. If the board shall
  find that the applicant fails to meet any of said conditions,  it  shall
  not grant such license and it shall notify the applicant of the denial.
    The  board  may  refuse to issue or renew a license, or may suspend or
  revoke a license issued pursuant to this section, if it shall find  that
  the  applicant,  or  any  person  who  is  a partner, agent, employee or
  associate of the applicant,  has  been  convicted  of  a  crime  in  any
  jurisdiction,  or  is  or  has  been  associating or consorting with any
  person who has or persons who have been convicted of a crime  or  crimes
  in  any  jurisdiction  or  jurisdictions or is consorting or associating
  with or has consorted or associated with bookmakers, touts,  or  persons
  of  similar  pursuits, or has himself engaged in similar pursuits, or is
  financially irresponsible, or has been guilty of or attempted any  fraud
  or  misrepresentation in connection with racing, breeding, or otherwise,
  or has violated or attempted to violate any law with respect  to  racing
  in  any  jurisdiction  or any rule, regulation or order of the board, or
  shall have violated any rule of racing which shall have been approved or
  adopted by the board, or has been  guilty  of  or  engaged  in  similar,
  related or like practices.
    3.  No  license  shall  be  revoked unless such revocation is by board
  determination upon a meeting  of  the  board.  Prior  to  revocation  or
  suspension  of  license  a  licensee  shall  be entitled to a hearing on
  notice except that summary suspension where emergency action is required
  in accordance with subdivision three of section four hundred one of  the
  state  administrative  procedure  act  may be ordered. In the conduct of
  such hearing the board shall not be bound by technical rules of evidence
  but all evidence offered before the board shall be reduced  to  writing,
  and  such  evidence together with the exhibits, if any, and the findings
  of the board, shall be permanently preserved and  shall  constitute  the
  record  of  the board in such case. Such hearing may be presided over by
  the chairman of the board or by any member or by an officer of the board
  designated by the chairman in writing to act as hearing officer and such
  person or persons may issue subpoenas for witnesses and administer oaths
  to witnesses. The hearing officer, at  the  conclusion  of  the  hearing
  shall  make findings which, if concurred in by two members of the board,
  shall become the findings of the board.  The  action  of  the  board  in
  refusing, suspending or in revoking a license shall be reviewable in the
  supreme  court  in  the  manner  provided  by  the provisions of article
  seventy-eight of the civil practice law and rules.
    4. Within one year from the date of payment and upon the audit of  the
  state  comptroller,  the  department  of  state  may refund any fee paid
  pursuant to this section, for which no license is issued or refund  that
  portion  of  the  payment  that is in excess of the amount prescribed by
  this section.
    5. a. All contracts entered into by a  non-profit  racing  association
  for  the  procurement  of  goods or services of a value in excess of two
  hundred fifty thousand dollars shall be awarded only  by  a  process  of
  competitive bidding approved by the board.
    b.  A  non-profit  racing association shall be exempt from competitive
  bid requirements under this  section,  if  the  goods  or  services  are
  necessary  on  an  "emergency"  basis  as  defined  under paragraph b of
  subdivision one of section one hundred sixty-three of the state  finance
  law  or if the required goods are available from a "sole source" as such
  term is defined in paragraph g of subdivision one of section one hundred
  sixty-three of the state finance law. In the event of an emergency, such
  association shall notify the board,  in  writing,  within  fifteen  days
  after  such emergency, of the events and circumstances constituting such
  emergency. In the event of a "sole source" procurement, such association
  shall notify the board, in writing,  at  least  fifteen  days  prior  to
  contracting  for such goods, of the facts establishing the unique nature
  of such source.
    c.  In  its  review  of  the contracts pursuant to this section or any
  non-competitively  bid  contract  in  excess  of  one  hundred  thousand
  dollars, the board may review the character and fitness of the entity or
  its   principals  entering  into  contracts  with  a  non-profit  racing
  association and provided further the board may require such  information
  as  it  deems  necessary  including  the  power  to subpoena such books,
  records and other pertinent information related to  the  contracts  from
  the contractor or vendor of any contract.