2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 1 - General Provisions › 1305 - Supplemental Power of the Commission.

§  1305.  Supplemental  power  of the commission. The commission shall
have all powers necessary or convenient to carry out and effectuate  its
purposes including, but not limited to, the power to:
1.  execute  all instruments necessary or convenient for accomplishing
the purposes of this article;
2.  enter  into  agreements  or  other  transactions  with  a  person,
including,  but  not  limited  to, a public entity or other governmental
instrumentality or authority in connection with its  powers  and  duties
under this article;
3.  require an applicant for a position which requires a license under
this article to apply for such license and  approve  or  disapprove  any
such application or other transactions, events and processes as provided
in this article;
4.  require a person who has a business association of any kind with a
gaming licensee or applicant to be qualified for  licensure  under  this
article;
5.  determine  a  suitable  debt-to-equity  ratio for applicants for a
gaming license;
6. deny an  application  or  limit,  condition,  restrict,  revoke  or
suspend  a license, registration, finding of suitability or approval, or
fine a person licensed, registered, found suitable or approved  for  any
cause that the commission deems reasonable;
7.  monitor  the  conduct  of  licensees  and  other  persons having a
material involvement, directly or indirectly, with a  licensee  for  the
purpose  of ensuring that licenses are not issued to or held by and that
there is no direct or indirect material involvement with a licensee,  by
an  unqualified or unsuitable person or by a person whose operations are
conducted in an unsuitable manner or in unsuitable or prohibited  places
as provided in this article;
8.  gather  facts  and  information  applicable  to  the  commission's
obligation to  issue,  suspend  or  revoke  licenses,  work  permits  or
registrations for:
(a)  a  violation  of  this  article  or any regulation adopted by the
commission;
(b) willfully violating an order  of  the  commission  directed  to  a
licensee;
(c) the conviction of certain criminal offenses; or
(d)  the  violation of any other offense which would disqualify such a
licensee from holding a license, work permit or registration;
9. conduct investigations into the  qualifications  of  any  regulated
entity and all applicants for licensure;
10. request and receive from the division of criminal justice services
and the federal bureau of investigation, criminal history information as
defined  in  paragraph  (c)  of subdivision one of section eight hundred
forty-five-b  of  the  executive  law  for  the  purpose  of  evaluating
applicants  for  employment  by  any  regulated  entity,  and evaluating
licensees and applicants for licensure under this article;
11. be present, through its agents, at all times, in a gaming facility
for the purposes of:
(a) certifying revenue;
(b) receiving complaints from the public relating to  the  conduct  of
gaming and wagering operations;
(c)  examining  records  of revenues and procedures and inspecting and
auditing all books, documents and records of licensees;
(d) conducting periodic reviews of operations and facilities  for  the
purpose of regulations adopted hereunder; and
(e) exercising its oversight responsibilities with respect to gaming;
12.  inspect and have access to all equipment and supplies in a gaming
facility or on premises where gaming equipment is manufactured, sold  or
distributed;
13.  seize  and  remove  from  the  premises  of a gaming licensee and
impound any equipment, supplies, documents and records for  the  purpose
of examination and inspection;
14.  demand  access  to  and inspect, examine, photocopy and audit all
papers, books and records of any  affiliate  of  a  gaming  licensee  or
gaming vendor whom the commission suspects is involved in the financing,
operation  or  management  of  the  gaming  licensee  or  gaming vendor;
provided, however, that the inspection,  examination,  photocopying  and
audit  may  take  place  on  the  affiliate's  premises  or elsewhere as
practicable and in the presence of the affiliate or its agent;
15.  require  that  the  books  and  financial  or  other  records  or
statements  of  a  gaming  licensee or gaming vendor be kept in a manner
that the commission considers proper;
16. levy and collect assessments, fees, fines and interest and  impose
penalties  and  sanctions  as  authorized by law for a violation of this
article or any regulations promulgated by the commission;
17. collect taxes, fees and interest under this article;
18. restrict, suspend or revoke licenses issued under this article;
19. refer cases for criminal prosecution to the  appropriate  federal,
state or local authorities;
20.  adopt,  amend  or  repeal  regulations  for  the  implementation,
administration and enforcement of this article; and
21. determine a suitable duration for each  license,  registration  or
finding of suitability or approval.