NY Rac, Pari-Mut Wag & Breeding L § 1318 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 13 - Destination Resort Gaming Title 2 - Facility Determination and Licensing 1318 - Disqualifying Criteria.

§ 1318. Disqualifying criteria. 1. The commission shall deny a license to  any  applicant  who the commission determines is disqualified on the basis of any of  the  following  criteria,  subject  to  notice  and  an opportunity for hearing:  (a) failure of the applicant to prove by clear and convincing evidence that  the  applicant  is  qualified in accordance with the provisions of this article;  (b) failure of the applicant to provide information, documentation and assurances required by this article or requested by the  commission,  or failure  of  the applicant to reveal any fact material to qualification, or the supplying of information which is untrue or misleading  as  to  a material fact pertaining to the qualification criteria;  (c)  the  conviction of the applicant, or of any person required to be qualified under this article as a condition of a license, of any offense in any jurisdiction which is  or  would  be  a  felony  or  other  crime involving public integrity, embezzlement, theft, fraud or perjury;  (d)  committed  prior  acts which have not been prosecuted or in which the applicant, or of any person required  to  be  qualified  under  this article  as  a  condition  of  a  license,  was not convicted but form a pattern of misconduct that makes the applicant unsuitable for a  license under this article; or  (e)  if the applicant, or of any person required to be qualified under this article as a condition  of  a  license,  has  affiliates  or  close associates  that  would  not qualify for a license or whose relationship with the applicant may pose an injurious threat to the interests of  the state in awarding a gaming facility license to the applicant;  (f)  any  other  offense  under  present  state  or  federal law which indicates that licensure of the  applicant  would  be  inimical  to  the policy  of  this  article;  provided, however, that the disqualification provisions  of  this  section  shall  not  apply  with  regard  to   any misdemeanor conviction;  (g)  current prosecution or pending charges in any jurisdiction of the applicant or of any person who is required to be  qualified  under  this article  as a condition of a license, for any of the offenses enumerated in paragraph (c) of subdivision one of this section; provided,  however, that  at  the  request  of  the  applicant  or  the  person charged, the commission may defer decision upon such application during the  pendency of such charge;  (h)  the  pursuit by the applicant or any person who is required to be qualified under this article as a condition of  a  license  of  economic gain  in  an occupational manner or context which is in violation of the criminal or civil public policies of this state, if such pursuit creates a reasonable belief that the participation  of  such  person  in  gaming facility  operations  would be inimical to the policies of this article. For purposes of this section, occupational manner or  context  shall  be defined  as  the  systematic  planning,  administration,  management, or execution of an activity for financial gain;  (i) the identification of the applicant or any person who is  required to  be  qualified  under  this  article as a condition of a license as a career offender or a member of a career offender cartel or an  associate of  a  career  offender or career offender cartel in such a manner which creates a reasonable belief that the association is of such a nature  as to  be  inimical  to  the  policy  of this article. For purposes of this section, career offender shall be defined as any person  whose  behavior is  pursued  in  an  occupational  manner  or context for the purpose of economic gain, utilizing such methods as are deemed criminal  violations of  the  public  policy of this state. A career offender cartel shall be  defined  as  any  group  of  persons  who  operate  together  as  career offenders;  (j)  the  commission by the applicant or any person who is required to be qualified under this article as a condition of a license of  any  act or  acts  which  would  constitute  any  offense  under paragraph (c) of subdivision one of this section, even if such conduct has  not  been  or may not be prosecuted under the criminal laws of this state or any other jurisdiction;  (k)  flagrant  defiance by the applicant or any person who is required to be qualified under this article of any legislative investigatory body or other official investigatory body of  any  state  or  of  the  United States when such body is engaged in the investigation of crimes relating to gaming, official corruption, or organized crime activity; and  (l)  failure  by  the applicant or any person required to be qualified under this article as a condition of a license to make required payments in accordance with a child  support  order,  repay  an  overpayment  for public  assistance  benefits,  or repay any other debt owed to the state unless  such  applicant  provides  proof  to  the  executive  director's satisfaction of payment of or arrangement to pay any such debts prior to licensure.