N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1321-d: License applicant eligibility

§ 1321-d. License applicant eligibility. 1. Gaming facility licenses

shall only be issued to applicants who are qualified under the criteria

set forth in this article, as determined by the commission.

2. Prior to official review by the board, each potential license

applicant must:

(a) demonstrate to the board's satisfaction that the applicant has

acquired public support and presented evidence of compliance and

approval with all required state and local zoning requirements as

required under subdivision three of this section and section thirteen

hundred twenty-one-k of this title; and

(b) waive all rights they or any affiliated entity possess under

section thirteen hundred eleven of this article to bring an action to

recover a fee.

(c) pursuant to section thirteen hundred twenty-one-f of this title,

an applicant shall pay to the commission an application fee of one

million dollars to defray the costs associated with the processing of

the application, commission expenses related to the community advisory

committee, and investigation of the applicant; provided, however, that

if the costs exceed the initial application fee, the applicant shall pay

the additional amount to the commission within thirty days after

notification of insufficient fees or the application shall be rejected

and further provided that should the costs not exceed the fee remitted,

any unexpended portion shall be returned to the applicant;

3. (a) For each applicant who proposes a gaming facility located in

region two of zone one, there shall be established a community advisory

committee. Each committee shall consist of six members, one to be

appointed by the governor, one to be appointed by the senator

representing the senate district where the proposed facility is to be

located, one to be appointed by the assemblymember representing the

assembly district where the proposed facility is to be located, one to

be appointed by the borough president where the facility is proposed to

be located, one to be appointed by the city councilmember representing

the district where the facility is proposed to be located, and one to be

appointed by the New York city mayor.

(b) For each applicant who proposes a gaming facility located in

regions one or three of zone one, or regions one, two or five of zone

two there shall be established a community advisory committee. Each

committee shall consist of five members, one to be appointed by the

governor, one to be appointed by the senator representing the senate

district where the proposed facility is to be located, one to be

appointed by the assemblymember representing the assembly district where

the proposed facility is to be located, one to be appointed by the

county executive of the county where the facility is proposed to be

located, and one to be appointed as follows:

(i) If the proposed facility is to be located in a city, one to be

appointed by the mayor of such city;

(ii) If the proposed facility is to be located in a town, one to be

appointed by the town supervisor of such town; or

(iii) If the proposed facility is to be located in a village, one

representative to be appointed jointly by the village mayor and the town

supervisor.

(c) The activities of the community advisory committees constituted

pursuant to this subdivision shall be subject to the open meetings

provisions contained in article seven of the public officers law.

(d) The commission may hire a consultant to serve as a community

consultant to assist and manage the community advisory committee

process. The commission or community consultant shall provide

administrative support and technical assistance for the establishment

and activities of committees constituted pursuant to this subdivision.

(e) Prior to a determination on any application by the board, the

following community advisory committee process shall apply:

(i) Upon the majority of members of the board being appointed, a

community consultant may be hired by the commission to manage the

process and any other activities as determined by the commission;

(ii) the commission shall issue a request for applications no later

than ninety days following the majority of members of the board being

appointed;

(iii) interested entities may submit an application to the board who

shall provide such application to the community consultant;

(iv) the community consultant shall notify the commission of all

applications and notify the appropriate appointing authorities of their

responsibility to submit appointments for each required community

advisory committee established pursuant to this section;

(v) the community consultant shall ensure the formation of each

committee, as necessary;

(vi) upon notification, the appointing authority shall appoint their

respective appointees;

(vii) upon a committee's first meeting the respective appointees shall

elect by majority vote a committee chair;

(viii) the community consultant shall assign applications to each

appropriate committee;

(ix) each committee shall review, solicit public comments and written

submissions of such comments, and hold public hearings;

(x) upon a two-thirds vote, each committee shall issue a finding

either establishing public support approving or disapproving the

application.

(f) Following a two-thirds vote by the applicable community advisory

committee, the following shall apply:

(i) Upon notification of a finding of support in approval of an

application following a two-thirds vote by the appropriate committee,

the community consultant shall notify the applicant, board, and

commission;

(ii) following such notification, the applicant must comply and

receive approval under the applicable state and local zoning

requirements;

(iii) the board shall not issue a decision on the application until

the applicant presents evidence of compliance and approval with all

necessary state and local zoning requirements.

4. The expiration of the seven year restricted period from the date

that an initial gaming facility license was awarded is February

twenty-eighth, two thousand twenty-three for the three initial casino

licenses and November twenty-second, two thousand twenty-three for the

final casino license awarded. Should an applicant or applicants commence

gaming activities prior to such dates, such applicant or applicants

shall be jointly and severally liable for payment of the proportionate

fee for the respective period remaining as required by section thirteen

hundred eleven of this article.