N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 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.