US Laws, Codes, Statutes & Cases

 
    §  309.  Licenses  for  participants  and  employees  at  harness race
  meetings.   1. For the purpose of  maintaining  a  proper  control  over
  harness  race  meetings  conducted  pursuant  to  sections  two  hundred
  twenty-two through seven hundred five of this chapter, the state  racing
  and   wagering   board  may  license  drivers  and  such  other  persons
  participating in harness horse race meets, as  the  board  may  by  rule
  prescribe,  including,  if the board deem it necessary so to do, owners,
  and some or all persons  exercising  their  occupation  or  employed  at
  harness  race  meets,  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 the Syracuse mile. 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,  twenty  dollars;
  assistant  trainer's  license,  twenty dollars; driver's license, twenty
  dollars;  farrier's  license,  twenty  dollars;  and  stable  employee's
  license,  five  dollars.  Such fees shall be paid to the board and by it
  paid into the state treasury. 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  twenty dollars per category. All such licenses,
  unless revoked for cause shall be for the period of no  more  than  one,
  two  or three years, as 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. For each category of
  license, the applicant may apply for a two  or  three  year  license  by
  payment  to the board of the appropriate multiple of the annual fee. The
  applications  for  licenses  shall  be  in   writing,   accompanied   by
  fingerprints  and  a  photograph  of the applicant, and shall be in such
  form, and contain such other information, as the board may require. 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.
    Every person employed after May first, nineteen hundred fifty-four, by
  such  association  or  corporation,  including  officers  and  directors
  thereof, whether or not such person be licensed, shall file fingerprints
  and  a  photograph with the board within ten days after such employment.
  The fingerprints so obtained  from  applicants  for  licenses  and  from
  employees not to be licensed shall be forthwith transmitted by the board
  to  the  division of criminal justice services and may also be submitted
  to the federal bureau of investigation or any  other  government  agency
  having   facilities   for  checking  fingerprints  for  the  purpose  of
  establishing the identity and the previous criminal record, if  any,  of
  such  person  and  such agency shall promptly report its findings to the
  board in writing.
    2. If the  state  racing  and  wagering  board  shall  find  that  the
  experience, character and general fitness of the applicant are such that
  the  participation  of  such  person in harness horse race meets will be
  consistent with the public interest, convenience and necessity and  with
  the  best  interests of racing generally in conformity with the purposes
  of sections two hundred twenty-two through seven hundred  five  of  this
  chapter, it may thereupon grant a license.
    Without limiting the generality of the foregoing, the board may refuse
  to  issue a license, pursuant to this section, if it shall find that the
  applicant:
    a. Has been convicted of a crime involving moral turpitude;
    b. Has engaged in bookmaking or other form of illegal gambling;
    c.  Has  been  found  guilty  of  any  fraud  or  misrepresentation in
  connection with racing or breeding;
    d. Has been found guilty of any violation or attempt  to  violate  any
  law,  rule  or  regulation  of  racing  in  any  jurisdiction  for which
  suspension from racing might be imposed in such jurisdiction; or
    e. Who has violated any rule, regulation or order of  the  board.  The
  board may suspend or revoke a license issued pursuant to this section if
  it  shall  determine  that  (i)  the  applicant or licensee (1) has been
  convicted of a crime involving  moral  turpitude;  (2)  has  engaged  in
  bookmaking  or other form of illegal gambling; (3) has been found guilty
  of any fraud in connection with racing or breeding; (4) has been  guilty
  of  any  violation  or attempt to violate any law, rule or regulation of
  any racing jurisdiction  for  which  suspension  from  racing  might  be
  imposed  in  such  jurisdiction;  or  (5)  who  has  violated  any rule,
  regulation or order of the board, or (ii) that the experience, character
  or general fitness of  any  applicant  or  licensee  is  such  that  the
  participation  of  such  person  in harness racing or related activities
  would be inconsistent with the public interest, convenience or necessity
  or with the best interests of racing generally.
    3. Pending final determination of any question under this section, the
  board may issue a temporary license upon such terms and conditions as it
  may deem necessary, desirable or proper to effectuate the provisions  of
  sections  two  hundred  twenty-two  through  seven  hundred five of this
  chapter.