2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 2-A - Facility Determination and Licensing: Additional Gaming Facilities › 1321-D - License Applicant Eligibility.

§  1321-d.  License applicant eligibility. 1. Gaming facility licenses
shall only be issued to applicants who are qualified under the  criteria
set forth in this article, as determined by the commission.
2.  Prior  to  official  review  by  the board, each potential license
applicant must:
(a) demonstrate to the board's satisfaction  that  the  applicant  has
acquired  public  support  and  presented  evidence  of  compliance  and
approval with all  required  state  and  local  zoning  requirements  as
required  under  subdivision  three of this section and section thirteen
hundred twenty-one-k of this title; and
(b) waive all rights they  or  any  affiliated  entity  possess  under
section  thirteen  hundred  eleven of this article to bring an action to
recover a fee.
(c) pursuant to section thirteen hundred twenty-one-f of  this  title,
an  applicant  shall  pay  to  the  commission an application fee of one
million dollars to defray the costs associated with  the  processing  of
the  application,  commission expenses related to the community advisory
committee, and investigation of the applicant; provided,  however,  that
if the costs exceed the initial application fee, the applicant shall pay
the  additional  amount  to  the  commission  within  thirty  days after
notification of insufficient fees or the application shall  be  rejected
and  further provided that should the costs not exceed the fee remitted,
any unexpended portion shall be returned to the applicant;
3. (a) For each applicant who proposes a gaming  facility  located  in
region  two of zone one, there shall be established a community advisory
committee. Each committee shall  consist  of  six  members,  one  to  be
appointed   by  the  governor,  one  to  be  appointed  by  the  senator
representing the senate district where the proposed facility  is  to  be
located,  one  to  be  appointed  by the assemblymember representing the
assembly district where the proposed facility is to be located,  one  to
be  appointed by the borough president where the facility is proposed to
be located, one to be appointed by the city  councilmember  representing
the district where the facility is proposed to be located, and one to be
appointed by the New York city mayor.
(b)  For  each  applicant  who  proposes  a gaming facility located in
regions one or three of zone one, or regions one, two or  five  of  zone
two  there  shall  be  established  a community advisory committee. Each
committee shall consist of five members, one  to  be  appointed  by  the
governor,  one  to  be  appointed by the senator representing the senate
district where the proposed  facility  is  to  be  located,  one  to  be
appointed by the assemblymember representing the assembly district where
the  proposed  facility  is  to  be  located, one to be appointed by the
county executive of the county where the  facility  is  proposed  to  be
located, and one to be appointed as follows:
(i)  If  the  proposed  facility is to be located in a city, one to be
appointed by the mayor of such city;
(ii) If the proposed facility is to be located in a town,  one  to  be
appointed by the town supervisor of such town; or
(iii)  If  the  proposed  facility  is to be located in a village, one
representative to be appointed jointly by the village mayor and the town
supervisor.
(c) The activities of the community  advisory  committees  constituted
pursuant  to  this  subdivision  shall  be  subject to the open meetings
provisions contained in article seven of the public officers law.
(d) The commission may hire a  consultant  to  serve  as  a  community
consultant  to  assist  and  manage  the  community  advisory  committee
process.  The  commission  or   community   consultant   shall   provide

administrative  support  and  technical assistance for the establishment
and activities of committees constituted pursuant to this subdivision.
(e)  Prior  to  a  determination  on any application by the board, the
following community advisory committee process shall apply:
(i) Upon the majority of members  of  the  board  being  appointed,  a
community  consultant  may  be  hired  by  the  commission to manage the
process and any other activities as determined by the commission;
(ii) the commission shall issue a request for  applications  no  later
than  ninety  days  following the majority of members of the board being
appointed;
(iii) interested entities may submit an application to the  board  who
shall provide such application to the community consultant;
(iv)  the  community  consultant  shall  notify  the commission of all
applications and notify the appropriate appointing authorities of  their
responsibility  to  submit  appointments  for  each  required  community
advisory committee established pursuant to this section;
(v) the community  consultant  shall  ensure  the  formation  of  each
committee, as necessary;
(vi)  upon  notification, the appointing authority shall appoint their
respective appointees;
(vii) upon a committee's first meeting the respective appointees shall
elect by majority vote a committee chair;
(viii) the community consultant  shall  assign  applications  to  each
appropriate committee;
(ix)  each committee shall review, solicit public comments and written
submissions of such comments, and hold public hearings;
(x) upon a two-thirds vote,  each  committee  shall  issue  a  finding
either   establishing  public  support  approving  or  disapproving  the
application.
(f) Following a two-thirds vote by the applicable  community  advisory
committee, the following shall apply:
(i)  Upon  notification  of  a  finding  of  support in approval of an
application following a two-thirds vote by  the  appropriate  committee,
the   community  consultant  shall  notify  the  applicant,  board,  and
commission;
(ii) following  such  notification,  the  applicant  must  comply  and
receive   approval   under   the   applicable  state  and  local  zoning
requirements;
(iii) the board shall not issue a decision on  the  application  until
the  applicant  presents  evidence  of  compliance and approval with all
necessary state and local zoning requirements.
4. The expiration of the seven year restricted period  from  the  date
that  an  initial  gaming  facility  license  was  awarded  is  February
twenty-eighth, two thousand twenty-three for the  three  initial  casino
licenses  and  November twenty-second, two thousand twenty-three for the
final casino license awarded. Should an applicant or applicants commence
gaming activities prior to such  dates,  such  applicant  or  applicants
shall  be  jointly and severally liable for payment of the proportionate
fee for the respective period remaining as required by section  thirteen
hundred eleven of this article.