2023 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".