N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 409: Licenses for participants and employees at quarter horse race meetings

§ 409. Licenses for participants and employees at quarter horse race

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

quarter horse race meetings conducted pursuant to sections two hundred

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

may license jockeys or riders and such other persons participating in

quarter horse race meets, as the commission may by rule prescribe,

including, if the commission deems it necessary to do so, owners, and

some or all persons exercising their occupation or employed at quarter

horse race meets. 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; jockey's license, fifty dollars; jockey agent'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 by such association or corporation licensed to

conduct pari-mutuel quarter horse racing, including officers and

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

fingerprints and a photograph with the commission within thirty days

after being so employed or taking such office. Every person employed

after January first, nineteen hundred seventy-one, 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 or after taking

such office. 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 quarter 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 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

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

engaged in bookmaking or other form of illegal gambling; (3) has been

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

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) has 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 quarter horse 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 the commission may deem necessary, desirable or proper to effectuate

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

five of this chapter.