2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 2 - Facility Determination and Licensing: Upstate Gaming Facilities › 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.