New York General Powers Of State Racing And Wagering Board.
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§ 401. General powers of state racing and wagering board. 1. Pursuant
to the provisions of sections two hundred twenty-two through seven
hundred five of this chapter, the state racing and wagering board shall
have power to supervise generally all quarter horse race meetings in
this state at which pari-mutuel betting is conducted. The board may
adopt rules and regulations not inconsistent with sections two hundred
twenty-two through seven hundred five of this chapter to carry into
effect its purposes and provisions and to prevent circumvention or
evasion thereof. In order that the rules of quarter horse racing may be
uniform throughout the United States, the board may adopt the rules and
regulations of the American Quarter Horse Association, in whole or in
part, and may adopt such other or different rules as it deems necessary
to carry into effect the purposes and provisions of sections two hundred
twenty-two through seven hundred five of this chapter.
2. Without limiting the generality of the foregoing, and in addition
to its other powers:
a. The state racing and wagering board shall have power to fix minimum
and maximum charges for admission to quarter horse race meetings at
which pari-mutuel betting is conducted provided, however, that the state
racing and wagering board shall have power to fix the charge for
admission of members of the armed forces of the United States in uniform
at one-half of the amount fixed for such admission generally under
authority of this section.
b. The state racing and wagering board shall prescribe rules and
regulations for effectually preventing the use of improper devices, the
administration of drugs or stimulants or other improper acts for the
purpose of affecting the speed of quarter horses in any race in which
they are about to participate.
c. The rules of the board shall also provide that all winning
pari-mutuel tickets must be presented for payment before April first of
the year following the year of their purchase and failure to present any
such ticket within the prescribed period of time shall constitute a
waiver of the right to participate in the award or dividend.
d. The board shall have power in its discretion, consistent with the
powers of the state tax commission, to prescribe uniform methods of
keeping accounts, records and books to be observed by associations or
corporations licensed under the provisions of this article or by any
association or corporation which owns stock in, or shares in the
profits, or participates in the management or affairs of, such licensed
association or corporation, or by any person, firm, association or
corporation holding any concession, right or privilege to perform any
service or sell any article at any track at which pari-mutuel quarter
horse racing meets are conducted. The board may also in its discretion,
consistent with the powers of the state tax commission, prescribe by
order forms of accounts, records and memoranda to be kept by such
persons, firms, associations or corporations. The board shall have power
to visit, investigate, and place expert accountants, or such other
persons as it may deem necessary, in the offices, tracks or other places
of business of any such person, firm, association or corporation for the
purpose of seeing that the provisions of sections two hundred twenty-two
through seven hundred five of this chapter and rules and regulations
issued by the board thereunder are strictly complied with. Such persons,
firms, associations or corporations shall annually file with the board,
on such date as the board shall prescribe, a report showing their
financial condition and financial transactions during the fiscal year,
including a balance sheet and a profit and loss statement, verified by
the oath of at least two of its principal officers, if it be an
association or corporation having officers, and by one or more of the
owners or proprietors thereof if not an association or corporation. The
report shall be in such form and contain such other matters as the board
may determine from time to time to be necessary to disclose accurately
the financial condition and operation of such persons, firms,
associations or corporations during the preceding fiscal year. The board
may for good cause shown grant a reasonable extension of time for the
filing of any such report.