§ 309 — Licenses for participants and employees at harness race meetings

§ 309. Licenses for participants and employees at harness race\nmeetings. 1. For the purpose of maintaining a proper control over\nharness race meetings conducted pursuant to sections two hundred\ntwenty-two through seven hundred five of this chapter, the commission\nmay license drivers and such other persons participating in harness\nhorse race meets, as the commission may by rule prescribe, including, if\nthe commission deems it necessary so to do, owners, and some or all\npersons exercising their occupation or employed at harness race meets,\nprovided, however, that no such license shall be required for seasonal\nemployees hired solely to work for no longer than six weeks during the\nsummer meet at the Syracuse mile. Each applicant for a license shall pay\nto the commission an annual license fee as follows: owner's license, if\na renewal, fifty dollars, and if an original application, one hundred\ndollars; trainer's license, twenty dollars; assistant trainer's license,\ntwenty dollars; driver's license, twenty dollars; farrier's license,\ntwenty dollars; and stable employee's license, five dollars. Such fees\nshall be paid to the commission and by it paid into the state treasury.\nThe commission may by rule fix the license fees to be paid by other\npersons required to be licensed by the rules of the commission, not to\nexceed twenty dollars per category. All such licenses, unless revoked\nfor cause shall be for the period of no more than one, two or three\nyears, as determined by rule of the commission, expiring on the\napplicant's birth date. Licenses current on the effective date of this\nprovision shall not be reduced in duration by this provision. An\napplicant who applies for a license that, if issued, would take effect\nless than six months prior to the applicant's birth date may, by payment\nof a fifty percent higher fee, receive a license that shall not expire\nuntil the applicant's second succeeding birth date. For each category of\nlicense, the applicant may apply for a two or three year license by\npayment to the commission of the appropriate multiple of the annual fee.\nThe applications for licenses shall be in writing, accompanied by\nfingerprints and a photograph of the applicant, and shall be in such\nform, and contain such other information, as the commission may require.\nSuch fingerprints shall be submitted to the division of criminal justice\nservices for a state criminal history record check, as defined in\nsubdivision one of section three thousand thirty-five of the education\nlaw, and may be submitted to the federal bureau of investigation for a\nnational criminal history record check.\n Every person employed after May first, nineteen hundred fifty-four, by\nsuch association or corporation, including officers and directors\nthereof, whether or not such person be licensed, shall file fingerprints\nand a photograph with the commission within ten days after such\nemployment. The fingerprints so obtained from applicants for licenses\nand from employees not to be licensed shall be forthwith transmitted by\nthe commission to the division of criminal justice services and may also\nbe submitted to the federal bureau of investigation or any other\ngovernment agency having facilities for checking fingerprints for the\npurpose of establishing the identity and the previous criminal record,\nif any, of such person and such agency shall promptly report its\nfindings to the commission in writing.\n 2. If the commission finds that the experience, character and general\nfitness of the applicant are such that the participation of such person\nin harness horse race meets will be consistent with the public interest,\nconvenience and necessity and with the best interests of racing\ngenerally in conformity with the purposes of sections two hundred\ntwenty-two through seven hundred five of this chapter, the commission\nmay thereupon grant a license.\n Without limiting the generality of the foregoing, the commission may\nrefuse to issue a license, pursuant to this section, if the commission\nfinds that the applicant has:\n a. been convicted of a crime involving moral turpitude;\n b. engaged in bookmaking or other form of illegal gambling;\n c. been found guilty of any fraud or misrepresentation in connection\nwith racing or breeding;\n d. been found guilty of any violation or attempt to violate any law,\nrule or regulation of racing in any jurisdiction for which suspension\nfrom racing might be imposed in such jurisdiction; or\n e. violated any rule, regulation or order of the commission. The\ncommission may suspend or revoke a license issued pursuant to this\nsection if the commission determines that (i) the applicant or licensee\nhas (1) been convicted of a crime involving moral turpitude; (2) engaged\nin bookmaking or other form of illegal gambling; (3) been found guilty\nof any fraud in connection with racing or breeding; (4) been guilty of\nany violation or attempt to violate any law, rule or regulation of any\nracing jurisdiction for which suspension from racing might be imposed in\nsuch jurisdiction; or (5) violated any rule, regulation or order of the\ncommission, or (ii) the experience, character or general fitness of any\napplicant or licensee is such that the participation of such person in\nharness racing or related activities would be inconsistent with the\npublic interest, convenience or necessity or with the best interests of\nracing generally.\n 3. Pending final determination of any question under this section, the\ncommission may issue a temporary license upon such terms and conditions\nas it may deem necessary, desirable or proper to effectuate the\nprovisions of sections two hundred twenty-two through seven hundred five\nof this chapter.\n