§ 220 — Licenses for participants and employees at race meetings

§ 220. Licenses for participants and employees at race meetings. * 1.\nFor the purpose of maintaining a proper control over race meetings\nconducted pursuant to sections two hundred five and two hundred six of\nthis article, the commission shall license owners, which term shall be\ndeemed to include part-owners and lessees, trainers, assistant trainers\nand jockeys, jockey agents, stable employees, non-publicly appointed\nmembers of the board of a franchised corporation, and such other persons\nas the commission may by rule prescribe at running races and at\nsteeplechases, provided, however, that no such license shall be required\nfor seasonal employees hired solely to work for no longer than six weeks\nduring the summer meet at Saratoga racetrack, and any such other times\nas race dates historically assigned to Belmont Park are conducted at the\nSaratoga racetrack in two thousand twenty-four and two thousand\ntwenty-five as approved in writing by the commission. In the event that\na proposed licensee is other than a natural person, the commission shall\nrequire by regulation disclosure of the names and addresses of all\nowners of an interest in such entity. The commission may retain, employ\nor appoint such officers, employees and agents, as it may deem necessary\nto receive, examine and make recommendations, for the consideration of\nthe commission, in respect of applications for such licenses; prescribe\ntheir duties in connection therewith, and fix their compensation\ntherefor within the limitations prescribed by law. Each applicant for a\nlicense shall pay to the commission an annual license fee as follows:\nowner's license, if a renewal, fifty dollars, and if an original\napplication, one hundred dollars; trainer's license, thirty dollars;\nassistant trainer's license, thirty dollars; jockey's license, fifty\ndollars; jockey agent's license, twenty dollars; and stable employee's\nlicense, five dollars. Each applicant may apply for a two-year or\nthree-year license by payment to the commission of the appropriate\nmultiple of the annual fee. The commission may by rule fix the license\nfees to be paid by other persons required to be licensed by the rules of\nthe commission, not to exceed thirty dollars per category. The\napplication for the license shall be in writing in such form as the\ncommission may prescribe, and contain such information as the commission\nmay require. The commission shall henceforth cause all applicants for\nlicenses to be photographed and fingerprinted and may issue\nidentification cards to licensees. Such fingerprints shall be submitted\nto the division of criminal justice services for a state criminal\nhistory record check, as defined in subdivision one of section three\nthousand thirty-five of the education law, and may be submitted to the\nfederal bureau of investigation for a national criminal history record\ncheck. A fee equal to the actual cost of issuance shall be charged for\nthe initial issuance of such identification cards. Each such license\nunless revoked for cause shall be for the period of no more than one,\ntwo or three years, determined by rule of the commission, expiring on\nthe applicant's birth date. Licenses of non-publicly appointed members\nof the board of a franchised corporation shall be issued without fee and\nremain in effect for the duration of their board service. Licenses\ncurrent on the effective date of this provision shall not be reduced in\nduration by this provision. An applicant who applies for a license that,\nif issued, would take effect less than six months prior to the\napplicant's birth date may, by payment of a fifty percent higher fee,\nreceive a license which shall not expire until the applicant's second\nsucceeding birth date. All receipts of the commission derived from the\noperation of this section shall be paid by it into the state treasury on\nor before the tenth day of each month. All officials connected with the\nactual conduct of racing shall be subject to approval by the commission.\n * NB Effective until December 31, 2026\n * 1. For the purpose of maintaining a proper control over race\nmeetings conducted pursuant to sections two hundred five and two hundred\nsix of this article, the commission shall license owners, which term\nshall be deemed to include part-owners and lessees, trainers, assistant\ntrainers and jockeys, jockey agents, stable employees, non-publicly\nappointed members of the board of a franchised corporation, and such\nother persons as the commission may by rule prescribe at running races\nand at steeplechases, provided, however, that no such license shall be\nrequired for seasonal employees hired solely to work for no longer than\nsix weeks during the summer meet at Saratoga racetrack. In the event\nthat a proposed licensee is other than a natural person, the commission\nshall require by regulation disclosure of the names and addresses of all\nowners of an interest in such entity. The commission may retain, employ\nor appoint such officers, employees and agents, as it may deem necessary\nto receive, examine and make recommendations, for the consideration of\nthe commission, in respect of applications for such licenses; prescribe\ntheir duties in connection therewith, and fix their compensation\ntherefor within the limitations prescribed by law. Each applicant for a\nlicense shall pay to the commission an annual license fee as follows:\nowner's license, if a renewal, fifty dollars, and if an original\napplication, one hundred dollars; trainer's license, thirty dollars;\nassistant trainer's license, thirty dollars; jockey's license, fifty\ndollars; jockey agent's license, twenty dollars; and stable employee's\nlicense, five dollars. Each applicant may apply for a two-year or\nthree-year license by payment to the commission of the appropriate\nmultiple of the annual fee. The commission may by rule fix the license\nfees to be paid by other persons required to be licensed by the rules of\nthe commission, not to exceed thirty dollars per category. The\napplication for the license shall be in writing in such form as the\ncommission may prescribe, and contain such information as the commission\nmay require. The commission shall henceforth cause all applicants for\nlicenses to be photographed and fingerprinted and may issue\nidentification cards to licensees. Such fingerprints shall be submitted\nto the division of criminal justice services for a state criminal\nhistory record check, as defined in subdivision one of section three\nthousand thirty-five of the education law, and may be submitted to the\nfederal bureau of investigation for a national criminal history record\ncheck. A fee equal to the actual cost of issuance shall be charged for\nthe initial issuance of such identification cards. Each such license\nunless revoked for cause shall be for the period of no more than one,\ntwo or three years, determined by rule of the commission, expiring on\nthe applicant's birth date. Licenses of non-publicly appointed members\nof the board of a franchised corporation shall be issued without fee and\nremain in effect for the duration of their board service. Licenses\ncurrent on the effective date of this provision shall not be reduced in\nduration by this provision. An applicant who applies for a license that,\nif issued, would take effect less than six months prior to the\napplicant's birth date may, by payment of a fifty percent higher fee,\nreceive a license which shall not expire until the applicant's second\nsucceeding birth date. All receipts of the commission derived from the\noperation of this section shall be paid by it into the state treasury on\nor before the tenth day of each month. All officials connected with the\nactual conduct of racing shall be subject to approval by the commission.\n * NB Effective December 31, 2026\n 2. If the commission finds that the financial responsibility,\nexperience, character and general fitness of the applicant are such that\nthe participation of such person will be consistent with the public\ninterest, convenience or necessity and with the best interests of racing\ngenerally in conformity with the purposes of this article, the\ncommission shall thereupon grant a license. If the commission finds that\nthe applicant fails to meet any of said conditions, it shall not grant\nsuch license and it shall notify the applicant of the denial.\n The commission may refuse to issue or renew a license, or may suspend\nor revoke a license issued pursuant to this section, if the commission\nfinds that the applicant, or any person who is a partner, agent,\nemployee or associate of the applicant, has been convicted of a crime in\nany jurisdiction, or is or has been associating or consorting with any\nperson who has or persons who have been convicted of a crime or crimes\nin any jurisdiction or jurisdictions or is consorting or associating\nwith or has consorted or associated with bookmakers, touts, or persons\nof similar pursuits, or has himself or herself engaged in similar\npursuits, or is financially irresponsible, or has been guilty of or\nattempted any fraud or misrepresentation in connection with racing,\nbreeding, or otherwise, or has violated or attempted to violate any law\nwith respect to racing in any jurisdiction or any rule, regulation or\norder of the commission, or shall have violated any rule of racing which\nshall have been approved or adopted by the commission, or has been\nguilty of or engaged in similar, related or like practices.\n 3. No license shall be revoked unless such revocation is by commission\ndetermination upon a meeting of the commission. Prior to revocation or\nsuspension of license a licensee shall be entitled to a hearing on\nnotice except that summary suspension where emergency action is required\nin accordance with subdivision three of section four hundred one of the\nstate administrative procedure act may be ordered. In the conduct of\nsuch hearing the commission shall not be bound by technical rules of\nevidence but all evidence offered before the commission shall be reduced\nto writing, and such evidence together with the exhibits, if any, and\nthe findings of the commission, shall be permanently preserved and shall\nconstitute the record of the commission in such case. Such hearing may\nbe presided over by the chair of the commission or by any member or by\nan officer of the commission designated by the chair in writing to act\nas hearing officer and such person or persons may issue subpoenas for\nwitnesses and administer oaths to witnesses. The hearing officer, at the\nconclusion of the hearing shall make findings that, if concurred in by a\nmajority of the commission, shall become the findings of the commission.\nThe action of the commission in refusing, suspending or in revoking a\nlicense shall be reviewable in the supreme court in the manner provided\nby the provisions of article seventy-eight of the civil practice law and\nrules.\n 4. Within one year from the date of payment and upon the audit of the\nstate comptroller, monies may be refunded for any fee paid pursuant to\nthis section for which no license is issued or refund that portion of\nthe payment that is in excess of the amount prescribed by this section.\n