N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1313: Form of application

§ 1313. Form of application. 1. The commission and the board shall

prescribe the initial form of the application for gaming licenses which

shall require, but not be limited to:

(a) the name of the applicant;

(b) the mailing address and, if a corporation, the name of the state

under the laws of which it is incorporated, the location of its

principal place of business and the names and addresses of its directors

and such stockholders as to be determined by the commission;

(c) the identity of each person having a direct or indirect interest

in the business and the nature of such interest; provided, however, that

if the disclosed entity is a trust, the application shall disclose the

names and addresses of all beneficiaries; provided further, that if the

disclosed entity is a partnership, the application shall disclose the

names and addresses of all partners, both general and limited; and

provided further, that if the disclosed entity is a limited liability

company, the application shall disclose the names and addresses of all

members;

(d) an independent audit report of all financial activities and

interests including, but not limited to, the disclosure of all

contributions, donations, loans or any other financial transactions to

or from a gaming entity or operator in the past five years;

(e) clear and convincing evidence of financial stability including,

but not limited to, bank references, business and personal income and

disbursement schedules, tax returns and other reports filed by

government agencies and business and personal accounting check records

and ledgers;

(f) information and documentation to demonstrate that the applicant

has sufficient business ability and experience to create the likelihood

of establishing and maintaining a successful gaming facility;

(g) a full description of the proposed internal controls and security

systems for the proposed gaming facility and any related facilities;

(h) the designs for the proposed gaming facility, including the names

and addresses of the architects, engineers and designers, and a timeline

of construction that includes detailed stages of construction for the

gaming facility and non-gaming structures, where applicable, and a

proposed date to open for gaming;

(i) the number of construction hours estimated to complete the work;

(j) a description of the ancillary entertainment services and

amenities to be provided at the proposed gaming facility;

(k) the number of employees to be employed at the proposed gaming

facility, including detailed information on the pay rate and benefits

for employees;

(l) completed studies and reports as required by the commission, which

shall include, but not be limited to, an examination of the proposed

gaming facility's:

(1) economic benefits to the region and the state;

(2) local and regional social, environmental, traffic and

infrastructure impacts;

(3) impact on the local and regional economy, including the impact on

cultural institutions and on small businesses in the host municipality

and nearby municipalities;

(4) cost to the host municipality, nearby municipalities and the state

for the proposed gaming facility to be located at the proposed location;

and

(5) the estimated state tax revenue to be generated by the gaming

facility;

(m) the names of proposed vendors of gaming equipment;

(n) the location of the proposed gaming facility, which shall include

the address, maps, book and page numbers from the appropriate registry

of deeds, assessed value of the land at the time of application and

ownership interests over the past twenty years, including all interests,

options, agreements in property and demographic, geographic and

environmental information and any other information requested by the

commission;

(o) the type and number of games to be conducted at the proposed

gaming facility and the specific location of the games in the proposed

gaming facility;

(p) the number of hotels and rooms, restaurants and other amenities

located at the proposed gaming facility and how they measure in quality

to other area hotels and amenities;

(q) whether the applicant's proposed gaming facility is part of a

regional or local economic plan; and

(r) whether the applicant purchased or intends to purchase

publicly-owned land for the proposed gaming facility.

2. Applications for licenses shall be public records; provided

however, that trade secrets, competitively-sensitive or other

proprietary information provided in the course of an application for a

gaming license under this article, the disclosure of which would place

the applicant at a competitive disadvantage, may be withheld from

disclosure pursuant to paragraph (d) of subdivision two of section

eighty-seven of the public officers law.