N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 401: General powers of commission

§ 401. General powers of commission. 1. Pursuant to the provisions of

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

chapter, the commission shall have power to supervise generally all

quarter horse race meetings in this state at which pari-mutuel betting

is conducted. The commission may adopt rules and regulations not

inconsistent with sections two hundred twenty-two through seven hundred

five of this chapter to carry into effect its purposes and provisions

and to prevent circumvention or evasion thereof. In order that the rules

of quarter horse racing may be uniform throughout the United States, the

commission may adopt the rules and regulations of the American Quarter

Horse Association, in whole or in part, and may adopt such other or

different rules as it deems necessary to carry into effect the purposes

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

five of this chapter.

2. Without limiting the generality of the foregoing, and in addition

to its other powers:

a. The commission shall have power to fix minimum and maximum charges

for admission to quarter horse race meetings at which pari-mutuel

betting is conducted provided, however, that the commission shall have

power to fix the charge for admission of members of the armed forces of

the United States in uniform at one-half of the amount fixed for such

admission generally under authority of this section.

b. The commission shall prescribe rules and regulations for

effectually preventing the use of improper devices, the administration

of drugs or stimulants or other improper acts for the purpose of

affecting the speed of quarter horses in any race in which they are

about to participate.

c. The rules of the commission shall also provide that all winning

pari-mutuel tickets must be presented for payment before April first of

the year following the year of their purchase and failure to present any

such ticket within the prescribed period of time shall constitute a

waiver of the right to participate in the award or dividend.

d. The commission shall have power in its discretion, consistent with

the powers of the department of taxation and finance, to prescribe

uniform methods of keeping accounts, records and books to be observed by

associations or corporations licensed under the provisions of this

article or by any association or corporation that owns stock in, or

shares in the profits, or participates in the management or affairs of,

such licensed association or corporation, or by any person, firm,

association or corporation holding any concession, right or privilege to

perform any service or sell any article at any track at which

pari-mutuel quarter horse racing meets are conducted. The commission may

also in its discretion, consistent with the powers of the department of

taxation and finance, prescribe by order forms of accounts, records and

memoranda to be kept by such persons, firms, associations or

corporations. The commission shall have power to visit, investigate, and

place expert accountants, or such other persons as it may deem

necessary, in the offices, tracks or other places of business of any

such person, firm, association or corporation for the purpose of seeing

that the provisions of sections two hundred twenty-two through seven

hundred five of this chapter and rules and regulations issued by the

commission thereunder are strictly complied with. Such persons, firms,

associations or corporations shall annually file with the commission, on

such date as the commission shall prescribe, a report showing their

financial condition and financial transactions during the fiscal year,

including a balance sheet and a profit and loss statement, verified by

the oath of at least two of its principal officers, if it be an

association or corporation having officers, and by one or more of the

owners or proprietors thereof if not an association or corporation. The

report shall be in such form and contain such other matters as the

commission may determine from time to time to be necessary to disclose

accurately the financial condition and operation of such persons, firms,

associations or corporations during the preceding fiscal year. The

commission may for good cause shown grant a reasonable extension of time

for the filing of any such report.