§ 1321-D — License applicant eligibility

§ 1321-d. License applicant eligibility. 1. Gaming facility licenses\nshall only be issued to applicants who are qualified under the criteria\nset forth in this article, as determined by the commission.\n 2. Prior to official review by the board, each potential license\napplicant must:\n (a) demonstrate to the board's satisfaction that the applicant has\nacquired public support and presented evidence of compliance and\napproval with all required state and local zoning requirements as\nrequired under subdivision three of this section and section thirteen\nhundred twenty-one-k of this title; and\n (b) waive all rights they or any affiliated entity possess under\nsection thirteen hundred eleven of this article to bring an action to\nrecover a fee.\n (c) pursuant to section thirteen hundred twenty-one-f of this title,\nan applicant shall pay to the commission an application fee of one\nmillion dollars to defray the costs associated with the processing of\nthe application, commission expenses related to the community advisory\ncommittee, and investigation of the applicant; provided, however, that\nif the costs exceed the initial application fee, the applicant shall pay\nthe additional amount to the commission within thirty days after\nnotification of insufficient fees or the application shall be rejected\nand further provided that should the costs not exceed the fee remitted,\nany unexpended portion shall be returned to the applicant;\n 3. (a) For each applicant who proposes a gaming facility located in\nregion two of zone one, there shall be established a community advisory\ncommittee. Each committee shall consist of six members, one to be\nappointed by the governor, one to be appointed by the senator\nrepresenting the senate district where the proposed facility is to be\nlocated, one to be appointed by the assemblymember representing the\nassembly district where the proposed facility is to be located, one to\nbe appointed by the borough president where the facility is proposed to\nbe located, one to be appointed by the city councilmember representing\nthe district where the facility is proposed to be located, and one to be\nappointed by the New York city mayor.\n (b) For each applicant who proposes a gaming facility located in\nregions one or three of zone one, or regions one, two or five of zone\ntwo there shall be established a community advisory committee. Each\ncommittee shall consist of five members, one to be appointed by the\ngovernor, one to be appointed by the senator representing the senate\ndistrict where the proposed facility is to be located, one to be\nappointed by the assemblymember representing the assembly district where\nthe proposed facility is to be located, one to be appointed by the\ncounty executive of the county where the facility is proposed to be\nlocated, and one to be appointed as follows:\n (i) If the proposed facility is to be located in a city, one to be\nappointed by the mayor of such city;\n (ii) If the proposed facility is to be located in a town, one to be\nappointed by the town supervisor of such town; or\n (iii) If the proposed facility is to be located in a village, one\nrepresentative to be appointed jointly by the village mayor and the town\nsupervisor.\n (c) The activities of the community advisory committees constituted\npursuant to this subdivision shall be subject to the open meetings\nprovisions contained in article seven of the public officers law.\n (d) The commission may hire a consultant to serve as a community\nconsultant to assist and manage the community advisory committee\nprocess. The commission or community consultant shall provide\nadministrative support and technical assistance for the establishment\nand activities of committees constituted pursuant to this subdivision.\n (e) Prior to a determination on any application by the board, the\nfollowing community advisory committee process shall apply:\n (i) Upon the majority of members of the board being appointed, a\ncommunity consultant may be hired by the commission to manage the\nprocess and any other activities as determined by the commission;\n (ii) the commission shall issue a request for applications no later\nthan ninety days following the majority of members of the board being\nappointed;\n (iii) interested entities may submit an application to the board who\nshall provide such application to the community consultant;\n (iv) the community consultant shall notify the commission of all\napplications and notify the appropriate appointing authorities of their\nresponsibility to submit appointments for each required community\nadvisory committee established pursuant to this section;\n (v) the community consultant shall ensure the formation of each\ncommittee, as necessary;\n (vi) upon notification, the appointing authority shall appoint their\nrespective appointees;\n (vii) upon a committee's first meeting the respective appointees shall\nelect by majority vote a committee chair;\n (viii) the community consultant shall assign applications to each\nappropriate committee;\n (ix) each committee shall review, solicit public comments and written\nsubmissions of such comments, and hold public hearings;\n (x) upon a two-thirds vote, each committee shall issue a finding\neither establishing public support approving or disapproving the\napplication.\n (f) Following a two-thirds vote by the applicable community advisory\ncommittee, the following shall apply:\n (i) Upon notification of a finding of support in approval of an\napplication following a two-thirds vote by the appropriate committee,\nthe community consultant shall notify the applicant, board, and\ncommission;\n (ii) following such notification, the applicant must comply and\nreceive approval under the applicable state and local zoning\nrequirements;\n (iii) the board shall not issue a decision on the application until\nthe applicant presents evidence of compliance and approval with all\nnecessary state and local zoning requirements.\n 4. The expiration of the seven year restricted period from the date\nthat an initial gaming facility license was awarded is February\ntwenty-eighth, two thousand twenty-three for the three initial casino\nlicenses and November twenty-second, two thousand twenty-three for the\nfinal casino license awarded. Should an applicant or applicants commence\ngaming activities prior to such dates, such applicant or applicants\nshall be jointly and severally liable for payment of the proportionate\nfee for the respective period remaining as required by section thirteen\nhundred eleven of this article.\n