§ 407 — Licenses for quarter horse race meetings

§ 407. Licenses for quarter horse race meetings. 1. Any association or\ncorporation desiring to conduct quarter horse race meetings at which\npari-mutuel betting shall be permitted may apply annually to the\ncommission for a license so to do. If, in the judgment of the commission\nthe public interest, convenience or necessity will be served thereby and\na proper case for the issuance of such license is shown consistent with\nthe purposes of sections two hundred twenty-two through seven hundred\nfive of this chapter and the best interests of racing generally, the\ncommission may grant such license for a time ending not later than the\nthirty-first day of December next, specifying dates and hours during\nwhich and the place where the licensee may operate.\n 2. Every such license shall be issued upon condition:\n a. that every quarter horse race meeting at which pari-mutuel betting\nis conducted shall be subject to the supervision of and to the\nreasonable rules and regulations from time to time prescribed by the\ncommission, and\n b. that pari-mutuel betting conducted thereunder shall also be subject\nto the supervision of and to the reasonable regulations from time to\ntime prescribed by the department of taxation and finance. Any such\nlicense may also be issued upon any other condition that the commission\nshall determine to be necessary or desirable to insure that the public\ninterest, convenience or necessity is served.\n 3. Applications for licenses shall be in such form as may be\nprescribed by the commission and shall contain such information or other\nmaterial or evidence as the commission may require. Each application for\nrenewal of a license shall be deemed to be an application for a new\nlicense. The fee for such licenses shall be one hundred dollars for each\nracing day payable in installments in advance of each week's racing\nwhich sums shall be paid into the general fund of the state treasury by\nthe commission. The term "racing week" shall include those days as\ndefined by the rules and regulations of the commission.\n 4. In considering an application for a license under this section the\ncommission may give consideration to the number of licenses already\ngranted and to the location of the tracks previously licensed. No such\nlicense shall be granted to any track located within the corporate\nlimits of a city of the first class. No such license shall be granted to\nany quarter horse racetrack located within fifty miles of any existing\nharness, thoroughbred or quarter horse track except with the consent of\nthe licensee located within such fifty-mile area, provided, however,\nthat in the counties of Suffolk, Niagara and Albany such license shall\nbe granted to any quarter horse racetrack located more than thirty-five\nmiles from any existing harness, thoroughbred or quarter horse track,\nexcept with the consent of the licensee located within such thirty-five\nmile area.\n 5. The commission may refuse to grant a license to an association or\ncorporation if the commission determines that:\n a. any officer, director, member or stockholder of such association or\ncorporation applying for a license, or of any association or corporation\nthat owns stock or shares in the profits or participates in the\nmanagement, of the affairs of such applicant, or that leases to such\napplicant the track where such applicant shall operate has:\n (i) been convicted of a crime involving moral turpitude;\n (ii) engaged in bookmaking or other forms of illegal gambling;\n (iii) been found guilty of any fraud or misrepresentation in\nconnection with racing or breeding;\n (iv) been guilty of any violation or attempt to violate any law, rule\nor regulation of any racing jurisdiction for which suspension from\nracing might be imposed in such jurisdiction; or\n (v) violated any rule, regulation or order of the commission; or\n b. the experience, character or general fitness of any officer,\ndirector or stockholder of any of the aforesaid associations or\ncorporations is such that the participation of such person in quarter\nhorse racing or related activities would be inconsistent with the public\ninterest, convenience or necessity or with the best interests of racing\ngenerally; but if the commission determines that the interest of any\nstockholder referred to in this paragraph or in paragraph a of this\nsubdivision is insufficient in the opinion of the commission to affect\nadversely the conduct of pari-mutuel quarter horse racing by such\nassociation or corporation in accordance with the provisions of this\narticle, the commission may disregard such interest in determining\nwhether or not to grant a license to such association or corporation; or\n c. the applicant is not the owner of the track at which it will\nconduct pari-mutuel quarter horse racing pursuant to the license applied\nfor, or that any person, firm, association or corporation other than the\napplicant shares, or will share, in the profits of the applicant, other\nthan by dividends as a stockholder, or participates or will participate\nin the management of the affairs of the applicant.\n 6. The commission shall also have power to refuse to grant a license:\n a. to any association or corporation, the charter or certificate of\nincorporation of which shall fail to contain a provision requiring any\nstockholder, upon written demand of the association or corporation, to\nsell his or her stock to the association or corporation at a price to be\nfixed in the manner provided in article five of the business corporation\nlaw, provided such demand be made pursuant to written direction of the\ncommission; and from and after the date of the making of such demand,\nprohibiting the transfer of such certificate of stock, except to the\nassociation or corporation; or\n b. to any association or corporation that, having been a licensee, has\nfailed in the opinion of the commission to properly maintain its track\nand plant in good condition or has failed to make adequate provision for\nrehabilitation and capital improvements to its track and plant.\n 7. 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 8. Notwithstanding any other provision of this article, the commission\nmay grant a license to any authorized quarter horse racing association\nor corporation to hold and conduct one additional quarter horse race\nmeeting of not more than one racing week's duration, with pari-mutuel\nbetting, on any quarter mile track within this state.\n 9. The commission shall have power to direct that every certificate of\nstock of any association or corporation licensed under the provisions of\nsections two hundred twenty-two through seven hundred five of this\nchapter shall bear a legend plainly and prominently imprinted upon the\nface of the certificate reading: "This certificate of stock is\ntransferable only subject to the provisions of section four hundred\nthree of the racing, pari-mutuel wagering and breeding law".\n