NY Rac, Pari-Mut Wag & Breeding L § 407 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 4 - Quarter Horse Racing and Breeding 407 - Licenses for Quarter Horse Race Meetings.

§ 407. Licenses for quarter horse race meetings. 1. Any association or corporation  desiring  to  conduct  quarter horse race meetings at which pari-mutuel betting  shall  be  permitted  may  apply  annually  to  the commission for a license so to do. If, in the judgment of the commission the public interest, convenience or necessity will be served thereby and a  proper case for the issuance of such license is shown consistent with the purposes of sections two hundred twenty-two  through  seven  hundred five  of  this  chapter  and the best interests of racing generally, the commission may grant such license for a time ending not later  than  the thirty-first  day  of  December  next, specifying dates and hours during which and the place where the licensee may operate.   2. Every such license shall be issued upon condition:   a. that every quarter horse race meeting at which pari-mutuel  betting is  conducted  shall  be  subject  to  the  supervision  of  and  to the reasonable rules and regulations from time to  time  prescribed  by  the commission, and   b. that pari-mutuel betting conducted thereunder shall also be subject to  the  supervision  of  and to the reasonable regulations from time to time prescribed by the department of  taxation  and  finance.  Any  such license  may also be issued upon any other condition that the commission shall determine to be necessary or desirable to insure that  the  public interest, convenience or necessity is served.   3.  Applications  for  licenses  shall  be  in  such  form  as  may be prescribed by the commission and shall contain such information or other material or evidence as the commission may require. Each application for renewal of a license shall be deemed to be  an  application  for  a  new license. The fee for such licenses shall be one hundred dollars for each racing  day  payable  in  installments  in advance of each week's racing which sums shall be paid into the general fund of the state treasury  by the  commission.  The  term  "racing  week"  shall include those days as defined by the rules and regulations of the commission.   4. In considering an application for a license under this section  the commission  may  give  consideration  to  the number of licenses already granted and to the location of the tracks previously licensed.  No  such license  shall  be  granted  to  any  track located within the corporate limits of a city of the first class. No such license shall be granted to any quarter horse racetrack located within fifty miles of  any  existing harness,  thoroughbred or quarter horse track except with the consent of the licensee located within such  fifty-mile  area,  provided,  however, that  in  the counties of Suffolk, Niagara and Albany such license shall be granted to any quarter horse racetrack located more than  thirty-five miles  from  any  existing harness, thoroughbred or quarter horse track, except with the consent of the licensee located within such  thirty-five mile area.   5.  The  commission may refuse to grant a license to an association or corporation if the commission determines that:   a. any officer, director, member or stockholder of such association or corporation applying for a license, or of any association or corporation that owns stock  or  shares  in  the  profits  or  participates  in  the management,  of  the  affairs  of such applicant, or that leases to such applicant the track where such applicant shall operate has:  (i) been convicted of a crime involving moral turpitude;  (ii) engaged in bookmaking or other forms of illegal gambling;  (iii)  been  found  guilty  of  any  fraud  or  misrepresentation   in connection with racing or breeding;  (iv)  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  (v) violated any rule, regulation or order of the commission; or   b.  the  experience,  character  or  general  fitness  of any officer, director  or  stockholder  of  any  of  the  aforesaid  associations  or corporations  is  such  that the participation of such person in quarter horse racing or related activities would be inconsistent with the public interest, convenience or necessity or with the best interests of  racing generally;  but  if  the  commission determines that the interest of any stockholder referred to in this paragraph or  in  paragraph  a  of  this subdivision  is  insufficient in the opinion of the commission to affect adversely the conduct  of  pari-mutuel  quarter  horse  racing  by  such association  or  corporation  in  accordance with the provisions of this article, the commission  may  disregard  such  interest  in  determining whether or not to grant a license to such association or corporation; or   c.  the  applicant  is  not  the  owner  of the track at which it will conduct pari-mutuel quarter horse racing pursuant to the license applied for, or that any person, firm, association or corporation other than the applicant shares, or will share, in the profits of the applicant,  other than  by dividends as a stockholder, or participates or will participate in the management of the affairs of the applicant.   6. The commission shall also have power to refuse to grant a license:   a. to any association or corporation, the charter  or  certificate  of incorporation  of  which shall fail to contain a provision requiring any stockholder, upon written demand of the association or  corporation,  to sell his or her stock to the association or corporation at a price to be fixed in the manner provided in article five of the business corporation law,  provided  such demand be made pursuant to written direction of the commission; and from and after the date of the making  of  such  demand, prohibiting  the  transfer  of  such certificate of stock, except to the association or corporation; or   b. to any association or corporation that, having been a licensee, has failed in the opinion of the commission to properly maintain  its  track and plant in good condition or has failed to make adequate provision for rehabilitation and capital improvements to its track and plant.   7. Pending final determination of any question under this section, the commission  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.   8. Notwithstanding any other provision of this article, the commission may  grant  a license to any authorized quarter horse racing association or corporation to hold and conduct one  additional  quarter  horse  race meeting  of  not  more than one racing week's duration, with pari-mutuel betting, on any quarter mile track within this state.   9. The commission shall have power to direct that every certificate of stock of any association or corporation licensed under the provisions of sections two hundred twenty-two  through  seven  hundred  five  of  this chapter  shall  bear a legend plainly and prominently imprinted upon the face  of  the  certificate  reading:  "This  certificate  of  stock   is transferable  only  subject  to  the  provisions of section four hundred three of the racing, pari-mutuel wagering and breeding law".