§ 1306 — Powers of the board

§ 1306. Powers of the board. The New York state gaming facility\nlocation board shall select, following a competitive process and subject\nto the restrictions of this article, no more than seven entities to\napply to the commission for gaming facility licenses; provided however,\nthat no more than three gaming facilities shall be located in zone one.\nIn exercising its authority, the board shall have all powers necessary\nor convenient to fully carry out and effectuate its purposes including,\nbut not limited to, the following powers. The board shall:\n 1. issue a request for applications for zone one or two gaming\nfacility licenses pursuant to section one thousand three hundred twelve\nor section one thousand three hundred twenty-one-b of this article;\n 2. assist the commission in prescribing the form of the application\nfor zone one or two gaming facility licenses including information to be\nfurnished by an applicant concerning an applicant's antecedents, habits,\ncharacter, associates, criminal record, business activities and\nfinancial affairs, past or present pursuant to section one thousand\nthree hundred thirteen or section one thousand three hundred\ntwenty-one-c of this article;\n 3. develop criteria, in addition to those outlined in this article, to\nassess which applications provide the highest and best value to the\nstate, the zone and the region in which a gaming facility is to be\nlocated;\n 4. determine a gaming facility license fee to be paid by an applicant;\n 5. determine, with the assistance of the commission, the sources and\ntotal amount of an applicant's proposed capitalization to develop,\nconstruct, maintain and operate a proposed gaming facility license under\nthis article;\n 6. have the authority to conduct investigative hearings concerning the\nconduct of gaming and gaming operations in accordance with any\nprocedures set forth in this article and any applicable implementing\nregulations;\n 7. issue detailed findings of facts and conclusions demonstrating the\nreasons supporting its decisions to select applicants for commission\nlicensure;\n 8. report annually to the governor, the speaker of the assembly and\nthe temporary president of the senate, its proceedings for the preceding\ncalendar year and any suggestions and recommendations as it shall deem\ndesirable;\n 9. promulgate any rules and regulations that it deems necessary to\ncarry out its responsibilities;\n 10. have the power to administer oaths and examine witnesses; and\nrequest and receive criminal history information as defined in paragraph\n(c) of subdivision one of section eight hundred forty-five-b of the\nexecutive law of the division of criminal justice services, pursuant to\nsubdivision eight-a of section eight hundred thirty-seven of the\nexecutive law, in connection with executing the responsibilities of the\nboard relating to licensing including fingerprinting, criminal history\ninformation and background investigations, of entities applying for a\ngaming facility license. At the request of the board, the division of\ncriminal justice services shall submit a fingerprint card, along with\nthe subject's processing fee, to the federal bureau of investigation for\nthe purpose of conducting a criminal history search and returning a\nreport thereon. The board shall also be entitled to request and receive,\npursuant to a written memorandum of understanding filed with the\ndepartment of state, any information in the possession of the state\nattorney general relating to the investigation of organized crime,\ngaming offenses, other revenue crimes or tax evasion. Provided however,\nthe attorney general may withhold any information that (a) would\nidentify a confidential source or disclose confidential information\nrelating to a criminal investigation, (b) would interfere with law\nenforcement investigations or judicial proceedings, (c) reveal criminal\ninvestigative techniques or procedures, that, if disclosed, could\nendanger the life or safety of any person, or (d) constitutes records\nreceived from other state, local or federal agencies that the attorney\ngeneral is prohibited by law, regulation or agreement from disclosing.\n