N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 309: Licenses for participants and employees at harness race meetings

§ 309. Licenses for participants and employees at harness race

meetings. 1. For the purpose of maintaining a proper control over

harness race meetings conducted pursuant to sections two hundred

twenty-two through seven hundred five of this chapter, the commission

may license drivers and such other persons participating in harness

horse race meets, as the commission may by rule prescribe, including, if

the commission deems it necessary so to do, owners, and some or all

persons exercising their occupation or employed at harness race meets,

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 the Syracuse mile. 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, twenty dollars; assistant trainer's license,

twenty dollars; driver's license, twenty dollars; farrier's license,

twenty dollars; and stable employee's license, five dollars. Such fees

shall be paid to the commission and by it paid into the state treasury.

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 twenty dollars per category. All such licenses, unless revoked

for cause shall be for the period of no more than one, two or three

years, as determined by rule of the commission, expiring on the

applicant's birth date. 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 that shall not expire

until the applicant's second succeeding birth date. For each category of

license, the applicant may apply for a two or three year license by

payment to the commission of the appropriate multiple of the annual fee.

The applications for licenses shall be in writing, accompanied by

fingerprints and a photograph of the applicant, and shall be in such

form, and contain such other information, as the commission may require.

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.

Every person employed after May first, nineteen hundred fifty-four, by

such association or corporation, including officers and directors

thereof, whether or not such person be licensed, shall file fingerprints

and a photograph with the commission within ten days after such

employment. The fingerprints so obtained from applicants for licenses

and from employees not to be licensed shall be forthwith transmitted by

the commission to the division of criminal justice services and may also

be submitted to the federal bureau of investigation or any other

government agency having facilities for checking fingerprints for the

purpose of establishing the identity and the previous criminal record,

if any, of such person and such agency shall promptly report its

findings to the commission in writing.

2. If the commission finds that the experience, character and general

fitness of the applicant are such that the participation of such person

in harness horse race meets will be consistent with the public interest,

convenience and necessity and with the best interests of racing

generally in conformity with the purposes of sections two hundred

twenty-two through seven hundred five of this chapter, the commission

may thereupon grant a license.

Without limiting the generality of the foregoing, the commission may

refuse to issue a license, pursuant to this section, if the commission

finds that the applicant has:

a. been convicted of a crime involving moral turpitude;

b. engaged in bookmaking or other form of illegal gambling;

c. been found guilty of any fraud or misrepresentation in connection

with racing or breeding;

d. been found guilty of any violation or attempt to violate any law,

rule or regulation of racing in any jurisdiction for which suspension

from racing might be imposed in such jurisdiction; or

e. violated any rule, regulation or order of the commission. The

commission may suspend or revoke a license issued pursuant to this

section if the commission determines that (i) the applicant or licensee

has (1) been convicted of a crime involving moral turpitude; (2) engaged

in bookmaking or other form of illegal gambling; (3) been found guilty

of any fraud in connection with racing or breeding; (4) been guilty of

any violation or attempt to violate any law, rule or regulation of any

racing jurisdiction for which suspension from racing might be imposed in

such jurisdiction; or (5) violated any rule, regulation or order of the

commission, or (ii) the experience, character or general fitness of any

applicant or licensee is such that the participation of such person in

harness racing or related activities would be inconsistent with the

public interest, convenience or necessity or with the best interests of

racing generally.

3. Pending final determination of any question under this section, the

commission may issue a temporary license upon such terms and conditions

as it may deem necessary, desirable or proper to effectuate the

provisions of sections two hundred twenty-two through seven hundred five

of this chapter.