§ 1317 — Investigation of license applicants

New York § 1317

• Jurisdiction: New York
• Law PML: Racing, Pari-Mutuel Wagering and Breeding Law
• Title 2: Facility Determination and Licensing: Upstate Gaming Facilities
• Art. 13: Destination Resort Gaming

Text

§ 1317. Investigation of license applicants. 1. Upon receipt of an\napplication for a gaming facility license, the commission shall cause to\nbe commenced an investigation by the division of state police into the\nsuitability of the applicant. In evaluating the suitability of the\napplicant, the commission shall consider the overall reputation of the\napplicant including, without limitation:\n (a) the integrity, honesty, good character and reputation of the\napplicant;\n (b) the financial stability, integrity and background of the\napplicant;\n (c) the business practices and the business ability of the applicant\nto establish and maintain a successful gaming facility;\n (d) whether the applicant has a history of compliance with gaming\nlicensing requirements in other jurisdictions;\n (e) whether the applicant, at the time of application, is a defendant\nin litigation involving its business practices;\n (f) the suitability of all parties in interest to the gaming facility\nlicense, including affiliates and close associates and the financial\nresources of the applicant; and\n (g) whether the applicant is disqualified from receiving a license\nunder this article; provided, however, that in considering the\nrehabilitation of an applicant for a gaming facility license, the\ncommission shall not automatically disqualify an applicant if the\napplicant affirmatively demonstrates, by clear and convincing evidence,\nthat the applicant has financial responsibility, character, reputation,\nintegrity and general fitness as such to warrant belief by the\ncommission that the applicant will act honestly, fairly, soundly and\nefficiently as a gaming licensee.\n 2. If the investigation reveals that an applicant has failed to:\n (a) establish the applicant's integrity or the integrity of any\naffiliate, close associate, financial source or any person required to\nbe qualified by the commission;\n (b) demonstrate responsible business practices in any jurisdiction; or\n (c) overcome any other reason, as determined by the commission, as to\nwhy it would be injurious to the interests of the state in awarding the\napplicant a gaming facility license, the commission shall deny the\napplication, subject to notice and an opportunity for hearing.\n 3. If the investigation reveals that an applicant is suitable to\nreceive a gaming facility license, the entity shall recommend that the\ncommission commence a review of the applicant's entire application.\n