N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 220: Licenses for participants and employees at race meetings

§ 220. Licenses for participants and employees at race meetings. * 1.

For the purpose of maintaining a proper control over race meetings

conducted pursuant to sections two hundred five and two hundred six of

this article, the commission shall license owners, which term shall be

deemed to include part-owners and lessees, trainers, assistant trainers

and jockeys, jockey agents, stable employees, non-publicly appointed

members of the board of a franchised corporation, and such other persons

as the commission may by rule prescribe at running races and at

steeplechases, provided, however, that no such license shall be required

for seasonal employees hired solely to work for no longer than six weeks

during the summer meet at Saratoga racetrack, and any such other times

as race dates historically assigned to Belmont Park are conducted at the

Saratoga racetrack in two thousand twenty-four, two thousand twenty-five

and two thousand twenty-six as approved in writing by the commission. In

the event that a proposed licensee is other than a natural person, the

commission shall require by regulation disclosure of the names and

addresses of all owners of an interest in such entity. The commission

may retain, employ or appoint such officers, employees and agents, as it

may deem necessary to receive, examine and make recommendations, for the

consideration of the commission, in respect of applications for such

licenses; prescribe their duties in connection therewith, and fix their

compensation therefor within the limitations prescribed by law. Each

applicant for a license shall pay to the commission an annual license

fee as follows: owner's license, if a renewal, fifty dollars, and if an

original application, one hundred dollars; trainer's license, thirty

dollars; assistant trainer's license, thirty dollars; jockey's license,

fifty dollars; jockey agent's license, twenty dollars; and stable

employee's license, five dollars. Each applicant may apply for a

two-year or three-year license by payment to the commission of the

appropriate multiple of the annual fee. The commission may by rule fix

the license fees to be paid by other persons required to be licensed by

the rules of the commission, not to exceed thirty dollars per category.

The application for the license shall be in writing in such form as the

commission may prescribe, and contain such information as the commission

may require. The commission shall henceforth cause all applicants for

licenses to be photographed and fingerprinted and may issue

identification cards to licensees. Such fingerprints shall be submitted

to the division of criminal justice services for a state criminal

history record check, as defined in subdivision one of section three

thousand thirty-five of the education law, and may be submitted to the

federal bureau of investigation for a national criminal history record

check. A fee equal to the actual cost of issuance shall be charged for

the initial issuance of such identification cards. Each such license

unless revoked for cause shall be for the period of no more than one,

two or three years, determined by rule of the commission, expiring on

the applicant's birth date. Licenses of non-publicly appointed members

of the board of a franchised corporation shall be issued without fee and

remain in effect for the duration of their board service. Licenses

current on the effective date of this provision shall not be reduced in

duration by this provision. An applicant who applies for a license that,

if issued, would take effect less than six months prior to the

applicant's birth date may, by payment of a fifty percent higher fee,

receive a license which shall not expire until the applicant's second

succeeding birth date. All receipts of the commission derived from the

operation of this section shall be paid by it into the state treasury on

or before the tenth day of each month. All officials connected with the

actual conduct of racing shall be subject to approval by the commission.

* NB Effective until December 31, 2026

* 1. For the purpose of maintaining a proper control over race

meetings conducted pursuant to sections two hundred five and two hundred

six of this article, the commission shall license owners, which term

shall be deemed to include part-owners and lessees, trainers, assistant

trainers and jockeys, jockey agents, stable employees, non-publicly

appointed members of the board of a franchised corporation, and such

other persons as the commission may by rule prescribe at running races

and at steeplechases, provided, however, that no such license shall be

required for seasonal employees hired solely to work for no longer than

six weeks during the summer meet at Saratoga racetrack. In the event

that a proposed licensee is other than a natural person, the commission

shall require by regulation disclosure of the names and addresses of all

owners of an interest in such entity. The commission may retain, employ

or appoint such officers, employees and agents, as it may deem necessary

to receive, examine and make recommendations, for the consideration of

the commission, in respect of applications for such licenses; prescribe

their duties in connection therewith, and fix their compensation

therefor within the limitations prescribed by law. Each applicant for a

license shall pay to the commission an annual license fee as follows:

owner's license, if a renewal, fifty dollars, and if an original

application, one hundred dollars; trainer's license, thirty dollars;

assistant trainer's license, thirty dollars; jockey's license, fifty

dollars; jockey agent's license, twenty dollars; and stable employee's

license, five dollars. Each applicant may apply for a two-year or

three-year license by payment to the commission of the appropriate

multiple of the annual fee. The commission may by rule fix the license

fees to be paid by other persons required to be licensed by the rules of

the commission, not to exceed thirty dollars per category. The

application for the license shall be in writing in such form as the

commission may prescribe, and contain such information as the commission

may require. The commission shall henceforth cause all applicants for

licenses to be photographed and fingerprinted and may issue

identification cards to licensees. Such fingerprints shall be submitted

to the division of criminal justice services for a state criminal

history record check, as defined in subdivision one of section three

thousand thirty-five of the education law, and may be submitted to the

federal bureau of investigation for a national criminal history record

check. A fee equal to the actual cost of issuance shall be charged for

the initial issuance of such identification cards. Each such license

unless revoked for cause shall be for the period of no more than one,

two or three years, determined by rule of the commission, expiring on

the applicant's birth date. Licenses of non-publicly appointed members

of the board of a franchised corporation shall be issued without fee and

remain in effect for the duration of their board service. Licenses

current on the effective date of this provision shall not be reduced in

duration by this provision. An applicant who applies for a license that,

if issued, would take effect less than six months prior to the

applicant's birth date may, by payment of a fifty percent higher fee,

receive a license which shall not expire until the applicant's second

succeeding birth date. All receipts of the commission derived from the

operation of this section shall be paid by it into the state treasury on

or before the tenth day of each month. All officials connected with the

actual conduct of racing shall be subject to approval by the commission.

* NB Effective December 31, 2026

2. If the commission finds that the financial responsibility,

experience, character and general fitness of the applicant are such that

the participation of such person will be consistent with the public

interest, convenience or necessity and with the best interests of racing

generally in conformity with the purposes of this article, the

commission shall thereupon grant a license. If the commission finds that

the applicant fails to meet any of said conditions, it shall not grant

such license and it shall notify the applicant of the denial.

The commission may refuse to issue or renew a license, or may suspend

or revoke a license issued pursuant to this section, if the commission

finds that the applicant, or any person who is a partner, agent,

employee or associate of the applicant, has been convicted of a crime in

any jurisdiction, or is or has been associating or consorting with any

person who has or persons who have been convicted of a crime or crimes

in any jurisdiction or jurisdictions or is consorting or associating

with or has consorted or associated with bookmakers, touts, or persons

of similar pursuits, or has himself or herself engaged in similar

pursuits, or is financially irresponsible, or has been guilty of or

attempted any fraud or misrepresentation in connection with racing,

breeding, or otherwise, or has violated or attempted to violate any law

with respect to racing in any jurisdiction or any rule, regulation or

order of the commission, or shall have violated any rule of racing which

shall have been approved or adopted by the commission, or has been

guilty of or engaged in similar, related or like practices.

3. No license shall be revoked unless such revocation is by commission

determination upon a meeting of the commission. Prior to revocation or

suspension of license a licensee shall be entitled to a hearing on

notice except that summary suspension where emergency action is required

in accordance with subdivision three of section four hundred one of the

state administrative procedure act may be ordered. In the conduct of

such hearing the commission shall not be bound by technical rules of

evidence but all evidence offered before the commission shall be reduced

to writing, and such evidence together with the exhibits, if any, and

the findings of the commission, shall be permanently preserved and shall

constitute the record of the commission in such case. Such hearing may

be presided over by the chair of the commission or by any member or by

an officer of the commission designated by the chair in writing to act

as hearing officer and such person or persons may issue subpoenas for

witnesses and administer oaths to witnesses. The hearing officer, at the

conclusion of the hearing shall make findings that, if concurred in by a

majority of the commission, shall become the findings of the commission.

The action of the commission in refusing, suspending or in revoking a

license shall be reviewable in the supreme court in the manner provided

by the provisions of article seventy-eight of the civil practice law and

rules.

4. Within one year from the date of payment and upon the audit of the

state comptroller, monies may be refunded for any fee paid pursuant to

this section for which no license is issued or refund that portion of

the payment that is in excess of the amount prescribed by this section.