2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 14 - Interactive Fantasy Sports › 1403 - Scope of Registration Review.

§  1403.  Scope  of  registration  review.  1.  The  commission  shall
prescribe the initial form of the  application  for  registration  which
shall require, but not be limited to:
(a) the full name and principal address of the operator;
(b)  if a corporation, the name of the state in which incorporated and
the  full  names  and  addresses  of  any  partner,  officer,  director,
shareholder  holding  ten percent or more equity, and ultimate equitable
owners;
(c) if a business entity other than a corporation, the full names  and
addresses of the principals, partners, shareholders holding five percent
or more equity, and ultimate equitable owners;
(d)  whether  such corporation or entity files information and reports
with the United States Securities and Exchange Commission as required by
section thirteen of the Securities Exchange Act of 1934,  15  U.S.C.  §§
78a-78kk;  or  whether  the  securities of the corporation or entity are
regularly traded on an  established  securities  market  in  the  United
States;
(e)  the  type  and  estimated  number  of  contests  to  be conducted
annually;
(f) a statement of the assets and liabilities of the operator.
2. The commission may require the full  names  and  addresses  of  the
officers  and  directors  of  any creditor of the operator, and of those
stockholders who hold  more  than  ten  percent  of  the  stock  of  the
creditor.
3. Upon receipt of an application for registration for each individual
listed  on  such  application  as an officer or director, the commission
shall submit to the division of  criminal  justice  services  a  set  of
fingerprints,  and  the division of criminal justice services processing
fee imposed pursuant to subdivision eight-a  of  section  eight  hundred
thirty-seven  of  the  executive  law and any fee imposed by the federal
bureau of investigation. Upon receipt of the fingerprints, the  division
of  criminal  justice  services  shall  promptly  forward  a  set of the
individual's fingerprints to the federal bureau of investigation for the
purpose of a nationwide  criminal  history  record  check  to  determine
whether  such individual has been convicted of a criminal offense in any
state other than New York or in a federal jurisdiction. The division  of
criminal  justice services shall promptly provide the requested criminal
history information to the commission. For the purposes of this section,
the term "criminal history information"  shall  mean  a  record  of  all
convictions  of crimes and any pending criminal charges maintained on an
individual by the division of criminal justice services and the  federal
bureau  of  investigation. All such criminal history information sent to
the commission pursuant to this subdivision shall  be  confidential  and
shall not be published or in any way disclosed to persons other than the
commission, unless otherwise authorized by law.
4.   Upon   receipt   of  criminal  history  information  pursuant  to
subdivision  three  of  this  section,  the  commission  shall  make   a
determination  to  approve  or  deny  an  application  for registration;
provided,  however,  that  before  making  a   determination   on   such
application, the commission shall provide the subject of the record with
a  copy  of  such  criminal  history  information  and a copy of article
twenty-three-A  of  the  correction  law  and  inform  such  prospective
applicant  seeking  to  be  credentialed  of  his  or  her right to seek
correction of any  incorrect  information  contained  in  such  criminal
history   information   pursuant   to  the  regulations  and  procedures
established by the division of criminal justice services. The commission
shall deny any application  for  registration,  or  suspend,  refuse  to
renew,  or  revoke  any  existing  registration  issued pursuant to this

article, upon the finding  that  the  operator  or  registrant,  or  any
partner, officer, director, or shareholder:
(a)  has  knowingly  made  a  false  statement of material fact or has
deliberately  failed  to  disclose  any  information  required  by   the
commission;
(b)  has  had  a  registration or license to offer or conduct contests
denied, suspended, or revoked in any other state  or  country  for  just
cause;
(c) has legally defaulted in the payment of any obligation or debt due
to any state or political subdivision; or
(d)  has  at  any time knowingly failed to comply with any requirement
outlined in section fourteen hundred four of  this  article,  any  other
provision of this article, any regulations promulgated by the commission
or any additional requirements of the commission.
5.  All  determinations  to approve or deny an application pursuant to
this article shall be performed in a manner consistent with  subdivision
sixteen  of  section  two  hundred  ninety-six  of the executive law and
article twenty-three-A of the correction law. When the commission denies
an application, the operator shall be afforded notice and the  right  to
be  heard  and  offer  proof  in  opposition  to  such  determination in
accordance with the regulations of the commission.