§ 409 — Licenses for participants and employees at quarter horse race meetings

§ 409. Licenses for participants and employees at quarter horse race\nmeetings. 1. For the purpose of maintaining a proper control over\nquarter horse race meetings conducted pursuant to sections two hundred\ntwenty-two through seven hundred five of this chapter, the commission\nmay license jockeys or riders and such other persons participating in\nquarter horse race meets, as the commission may by rule prescribe,\nincluding, if the commission deems it necessary to do so, owners, and\nsome or all persons exercising their occupation or employed at quarter\nhorse race meets. Each applicant for a license shall pay to the\ncommission an annual license fee as follows: owner's license, if a\nrenewal, fifty dollars, and if an original application, one hundred\ndollars; trainer's license, twenty dollars; assistant trainer's license,\ntwenty dollars; jockey's license, fifty dollars; jockey agent's license,\ntwenty dollars; farrier's license, twenty dollars; and stable employee's\nlicense, five dollars. Such fees shall be paid to the commission and by\nit paid into the state treasury. The commission may by rule fix the\nlicense fees to be paid by other persons required to be licensed by the\nrules of the commission, not to exceed twenty dollars per category. All\nsuch licenses, unless revoked for cause, shall be for the period of no\nmore than one, two or three years, as determined by rule of the\ncommission, expiring on the applicant's birth date. Licenses current on\nthe effective date of this provision shall not be reduced in duration by\nthis provision. An applicant who applies for a license that, if issued,\nwould take effect less than six months prior to the applicant's birth\ndate may, by payment of a fifty percent higher fee, receive a license\nthat shall not expire until the applicant's second succeeding birth\ndate. For each category of license, the applicant may apply for a two-\nor three-year license by payment to the commission of the appropriate\nmultiple of the annual fee. The applications for licenses shall be in\nwriting, accompanied by fingerprints and a photograph of the applicant,\nand shall be in such form, and contain such other information, as the\ncommission may require. Such fingerprints shall be submitted to the\ndivision of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of the education law, and may be submitted to the federal\nbureau of investigation for a national criminal history record check.\n Every person employed by such association or corporation licensed to\nconduct pari-mutuel quarter horse racing, including officers and\ndirectors thereof, whether or not such person be licensed, shall file\nfingerprints and a photograph with the commission within thirty days\nafter being so employed or taking such office. Every person employed\nafter January first, nineteen hundred seventy-one, by such association\nor corporation, including officers and directors thereof, whether or not\nsuch person be licensed, shall file fingerprints and a photograph with\nthe commission within ten days after such employment or after taking\nsuch office. 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 quarter 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 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\n(1) has been convicted of a crime involving moral turpitude; (2) has\nengaged in bookmaking or other form of illegal gambling; (3) has been\nfound guilty of any fraud in connection with racing or breeding; (4) has\nbeen guilty of any violation or attempt to violate any law, rule or\nregulation of any racing jurisdiction for which suspension from racing\nmight be imposed in such jurisdiction; or (5) has violated any rule,\nregulation or order of the commission, or (ii) the experience, character\nor general fitness of any applicant or licensee is such that the\nparticipation of such person in quarter horse racing or related\nactivities would be inconsistent with the public interest, convenience\nor necessity or with the best interests of racing 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 the commission may deem necessary, desirable or proper to effectuate\nthe provisions of sections two hundred twenty-two through seven hundred\nfive of this chapter.\n