§ 1320 — Siting evaluation

New York § 1320

• 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

§ 1320. Siting evaluation. In determining whether an applicant shall\nbe eligible for a gaming facility license, the board shall evaluate and\nissue a finding of how each applicant proposes to advance the following\nobjectives.\n 1. The decision by the board to select a gaming facility license\napplicant shall be weighted by seventy percent based on economic\nactivity and business development factors including:\n (a) realizing maximum capital investment exclusive of land acquisition\nand infrastructure improvements;\n (b) maximizing revenues received by the state and localities;\n (c) providing the highest number of quality jobs in the gaming\nfacility;\n (d) building a gaming facility of the highest caliber with a variety\nof quality amenities to be included as part of the gaming facility;\n (e) offering the highest and best value to patrons to create a secure\nand robust gaming market in the region and the state;\n (f) providing a market analysis detailing the benefits of the site\nlocation of the gaming facility and the estimated recapture rate of\ngaming-related spending by residents travelling to an out-of-state\ngaming facility;\n (g) offering the fastest time to completion of the full gaming\nfacility;\n (h) demonstrating the ability to fully finance the gaming facility;\nand\n (i) demonstrating experience in the development and operation of a\nquality gaming facility.\n 2. The decision by the board to select a gaming facility license\napplicant shall be weighted by twenty percent based on local impact and\nsiting factors including:\n (a) mitigating potential impacts on host and nearby municipalities\nwhich might result from the development or operation of the gaming\nfacility;\n (b) gaining public support in the host and nearby municipalities which\nmay be demonstrated through the passage of local laws or public comment\nreceived by the board or gaming applicant;\n (c) operating in partnership with and promoting local hotels,\nrestaurants and retail facilities so that patrons experience the full\ndiversified regional tourism industry; and\n (d) establishing a fair and reasonable partnership with live\nentertainment venues that may be impacted by a gaming facility under\nwhich the gaming facility actively supports the mission and the\noperation of the impacted entertainment venues.\n 3. The decision by the board to select a gaming facility license\napplicant shall be weighted by ten percent based on workforce\nenhancement factors including:\n (a) implementing a workforce development plan that utilizes the\nexisting labor force, including the estimated number of construction\njobs a proposed gaming facility will generate, the development of\nworkforce training programs that serve the unemployed and methods for\naccessing employment at the gaming facility;\n (b) taking additional measures to address problem gambling including,\nbut not limited to, training of gaming employees to identify patrons\nexhibiting problems with gambling;\n (c) utilizing sustainable development principles including, but not\nlimited to:\n (1) having new and renovation construction certified under the\nappropriate certification category in the Leadership in Energy and\nEnvironmental Design Green Building Rating System created by the United\nStates Green Building Council;\n (2) efforts to mitigate vehicle trips;\n (3) efforts to conserve water and manage storm water;\n (4) demonstrating that electrical and HVAC equipment and appliances\nwill be Energy Star labeled where available;\n (5) procuring or generating on-site ten percent of its annual\nelectricity consumption from renewable sources; and\n (6) developing an ongoing plan to submeter and monitor all major\nsources of energy consumption and undertake regular efforts to maintain\nand improve energy efficiency of buildings in their systems;\n (d) establishing, funding and maintaining human resource hiring and\ntraining practices that promote the development of a skilled and diverse\nworkforce and access to promotion opportunities through a workforce\ntraining program that:\n (1) establishes transparent career paths with measurable criteria\nwithin the gaming facility that lead to increased responsibility and\nhigher pay grades that are designed to allow employees to pursue career\nadvancement and promotion;\n (2) provides employee access to additional resources, such as tuition\nreimbursement or stipend policies, to enable employees to acquire the\neducation or job training needed to advance career paths based on\nincreased responsibility and pay grades; and\n (3) establishes an on-site child day care program;\n (e) purchasing, whenever possible, domestically manufactured slot\nmachines for installation in the gaming facility;\n (f) implementing a workforce development plan that:\n (1) incorporates an affirmative action program of equal opportunity by\nwhich the applicant guarantees to provide equal employment opportunities\nto all employees qualified for licensure in all employment categories,\nincluding persons with disabilities;\n (2) utilizes the existing labor force in the state;\n (3) estimates the number of construction jobs a gaming facility will\ngenerate and provides for equal employment opportunities and which\nincludes specific goals for the utilization of minorities, women and\nveterans on those construction jobs;\n (4) identifies workforce training programs offered by the gaming\nfacility; and\n (5) identifies the methods for accessing employment at the gaming\nfacility; and\n (g) demonstrating that the applicant has an agreement with organized\nlabor, including hospitality services, and has the support of organized\nlabor for its application, which specifies:\n (1) the number of employees to be employed at the gaming facility,\nincluding detailed information on the pay rate and benefits for\nemployees and contractors in the gaming facility and all infrastructure\nimprovements related to the project; and\n (2) detailed plans for assuring labor harmony during all phases of the\nconstruction, reconstruction, renovation, development and operation of\nthe gaming facility.\n