N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1318: Disqualifying criteria

§ 1318. Disqualifying criteria. 1. The commission shall deny a license

to any applicant who the commission determines is disqualified on the

basis of any of the following criteria, subject to notice and an

opportunity for hearing:

(a) failure of the applicant to prove by clear and convincing evidence

that the applicant is qualified in accordance with the provisions of

this article;

(b) failure of the applicant to provide information, documentation and

assurances required by this article or requested by the commission, or

failure of the applicant to reveal any fact material to qualification,

or the supplying of information which is untrue or misleading as to a

material fact pertaining to the qualification criteria;

(c) the conviction of the applicant, or of any person required to be

qualified under this article as a condition of a license, of any offense

in any jurisdiction which is or would be a felony or other crime

involving public integrity, embezzlement, theft, fraud or perjury;

(d) committed prior acts which have not been prosecuted or in which

the applicant, or of any person required to be qualified under this

article as a condition of a license, was not convicted but form a

pattern of misconduct that makes the applicant unsuitable for a license

under this article; or

(e) if the applicant, or of any person required to be qualified under

this article as a condition of a license, has affiliates or close

associates that would not qualify for a license or whose relationship

with the applicant may pose an injurious threat to the interests of the

state in awarding a gaming facility license to the applicant;

(f) any other offense under present state or federal law which

indicates that licensure of the applicant would be inimical to the

policy of this article; provided, however, that the disqualification

provisions of this section shall not apply with regard to any

misdemeanor conviction;

(g) current prosecution or pending charges in any jurisdiction of the

applicant or of any person who is required to be qualified under this

article as a condition of a license, for any of the offenses enumerated

in paragraph (c) of subdivision one of this section; provided, however,

that at the request of the applicant or the person charged, the

commission may defer decision upon such application during the pendency

of such charge;

(h) the pursuit by the applicant or any person who is required to be

qualified under this article as a condition of a license of economic

gain in an occupational manner or context which is in violation of the

criminal or civil public policies of this state, if such pursuit creates

a reasonable belief that the participation of such person in gaming

facility operations would be inimical to the policies of this article.

For purposes of this section, occupational manner or context shall be

defined as the systematic planning, administration, management, or

execution of an activity for financial gain;

(i) the identification of the applicant or any person who is required

to be qualified under this article as a condition of a license as a

career offender or a member of a career offender cartel or an associate

of a career offender or career offender cartel in such a manner which

creates a reasonable belief that the association is of such a nature as

to be inimical to the policy of this article. For purposes of this

section, career offender shall be defined as any person whose behavior

is pursued in an occupational manner or context for the purpose of

economic gain, utilizing such methods as are deemed criminal violations

of the public policy of this state. A career offender cartel shall be

defined as any group of persons who operate together as career

offenders;

(j) the commission by the applicant or any person who is required to

be qualified under this article as a condition of a license of any act

or acts which would constitute any offense under paragraph (c) of

subdivision one of this section, even if such conduct has not been or

may not be prosecuted under the criminal laws of this state or any other

jurisdiction;

(k) flagrant defiance by the applicant or any person who is required

to be qualified under this article of any legislative investigatory body

or other official investigatory body of any state or of the United

States when such body is engaged in the investigation of crimes relating

to gaming, official corruption, or organized crime activity; and

(l) failure by the applicant or any person required to be qualified

under this article as a condition of a license to make required payments

in accordance with a child support order, repay an overpayment for

public assistance benefits, or repay any other debt owed to the state

unless such applicant provides proof to the executive director's

satisfaction of payment of or arrangement to pay any such debts prior to

licensure.