Title PML, Racing, Pari-Mutuel Wagering and Breeding Law

§ 115-a. Fee for the start of a horse in New York state pari-mutuel\nraces. 1. In order to provide supplemental funding to support the\noperations of the commission, a fee in the amount of ten dollars shall\nbe assessed and paid upon every horse entered in a pari-mutuel race in\…

§ 115-b. Market origin credits. 1. Notwithstanding any other provision\nof law to the contrary, any racing associations and corporations,\nfranchised corporations, and off-track betting corporations that makes a\npayment of the regulatory fees imposed by this chapter may reduce …

§ 116. Penalties. Notwithstanding any inconsistent provision of law,\nany person or entity that violates any provision of this chapter, or any\nrule, regulation or order promulgated thereto, or the terms and\nconditions of any license, permit or approval issued thereunder, shall…

§ 117. Transfer of functions. All of the functions and powers\npossessed by and the obligations and duties of the former racing and\nwagering board and its predecessors and the division of the lottery and\nits predecessors are hereby transferred to the commission.\n

§ 118. Transfer of employees. 1. Upon the transfer of functions,\npowers, duties and obligations to the commission pursuant to this\narticle, provision shall be made for the transfer of all employees from\nthe former division of the lottery and former racing and wagering board\n…

§ 119. Transfer of records. All books, papers, records and property of\nthe former division of the lottery and former racing and wagering board\nand its predecessors with respect to the functions, powers, duties and\nobligations transferred by this article are to be delivered to…

§ 120. Continuity of authority. For the purpose of succession to all\nfunctions, powers, duties and obligations of the former division of the\nlottery and former racing and wagering board transferred to and assumed\nby the commission, such commission shall be deemed to and held …

§ 1201. New York state office of racing promotion and development.\nThere is hereby created within the New York state gaming commission a\nseparate and independent office of racing promotion and development. The\noffice shall promote the breeding of horses and the conduct of equ…

§ 1202. Use of service employees. The office shall utilize, pursuant\nto a contract approved by the director of the budget, the service\nemployees of the state gaming commission.\n

§ 121. Completion of unfinished business. Any business or other matter\nundertaken or commenced by the former division of the lottery and the\nformer racing and wagering board pertaining to or connected with the\nfunctions, powers, duties and obligations transferred and assigned…

§ 122. Continuation of rules and regulations. All rules, regulations,\nacts, orders, determinations, and decisions of the former division of\nthe lottery and former racing and wagering board in force at the time of\nsuch transfer and assumption, shall continue in force and effec…

§ 123. Terms occurring in laws, contracts and other documents. Unless\nthe context shall otherwise require, whenever the "racing and wagering\nboard" or "board", "state racing commission", "state harness racing\ncommission", "state quarter horse racing commission", or "division …

§ 124. Existing rights and remedies preserved. No existing right or\nremedy of any character shall be lost, impaired or affected by reason of\nthe transfer or assignment of functions, powers, obligations and duties\nfrom the former division of the lottery and former racing and w…

§ 125. Pending actions or proceedings. No action or proceeding pending\nat the time that this article shall take effect relating to the\nfunctions, powers and duties of the former division of the lottery and\nformer racing and wagering board transferred pursuant to this article,…

§ 126. Transfer of appropriations heretofore made. Subject to the\napproval of the director of the budget, any and all appropriations and\nreappropriations heretofore made to the former division of the lottery\nand former racing and wagering board for the functions and purposes\…

§ 127. Transfer of assets and liabilities. All assets and liabilities\nof the former division of the lottery and former racing and wagering\nboard are hereby transferred to and assumed by the commission.\n

§ 128. Promulgation of rules and regulations. Notwithstanding any\ninconsistent provision of the state administrative procedure act, the\ncommission shall be authorized to promulgate regulations on an emergency\nbasis to ensure the implementation of this article.\n

§ 129. Construction of other laws or provisions. Unless the context\nshall require otherwise, the terms "division of the lottery", "state\nquarter horse racing commission", "state racing commission", "state\nharness racing commission", "state racing and wagering board" or "board…

§ 130. The office of gaming inspector general. The duties and\nresponsibilities of the former office of the gaming inspector general\nare transferred to and encompassed by the office of the state inspector\ngeneral as expressly referenced in article four-A of the executive law.\…

§ 1300. Legislative findings and purpose. The legislature hereby finds\nand declares that:\n 1. New York state is already in the business of gambling with nine\nvideo lottery facilities, five tribal class III casinos, and three\ntribal class II facilities;\n 2. New York state ha…

§ 1301. Definitions. As used in this article the following terms\nshall, unless the context clearly requires otherwise, have the following\nmeanings:\n 1. "Affiliate". A person that directly or indirectly, through one or\nmore intermediaries, controls or is controlled by, or is …

§ 1302. Auditing duties of the commission. The commission shall audit\nas often as the commission determines necessary, but not less than\nannually, the accounts, programs, activities, and functions of all\ngaming facility licensees, including the audit of payments made pursuant…

§ 1303. Equipment testing. Unless the commission otherwise determines\nit to be in the best interests of the state, the commission shall\nutilize the services of an independent testing laboratory that has been\nqualified and approved by the commission pursuant to this article to…

§ 1304. Commission reporting. The commission shall report monthly to\nthe governor, the senate and the assembly, the senate finance committee\nand the assembly ways and means committee, and the chairs of the senate\nracing, gaming and wagering committee and the assembly racing a…

§ 1305. Supplemental power of the commission. The commission shall\nhave all powers necessary or convenient to carry out and effectuate its\npurposes including, but not limited to, the power to:\n 1. execute all instruments necessary or convenient for accomplishing\nthe purposes…

§ 1306. Powers of the board. The New York state gaming facility\nlocation board shall select, following a competitive process and subject\nto the restrictions of this article, no more than seven entities to\napply to the commission for gaming facility licenses; provided however,…

§ 1307. Required regulations. 1. The commission is authorized:\n (a) to adopt, amend or repeal such regulations, consistent with the\npolicy and objectives of this article, as amended and supplemented, as\nit may deem necessary to protect the public interest in carrying out the\…

§ 1308. Reports and recommendations. The commission shall carry on a\ncontinuous study of the operation and administration of casino control\nlaws which may be in effect in other jurisdictions, literature on this\nsubject which may from time to time become available, and federal…

§ 1309. Severability and preemption. 1. If any clause, sentence,\nsubparagraph, paragraph, subdivision, section, article or other portion\nof this article or the application thereof to any person or\ncircumstances shall be held to be invalid, such holding shall not\naffect, impa…

§ 131. Gaming inspector general; functions and duties. The gaming\ninspector general shall have the following duties and responsibilities:\n 1. receive and investigate complaints from any source, or upon his or\nher own initiative, concerning allegations of corruption, fraud,\nc…

§ 1310. Development zones and regions. 1. There are hereby created two\ndevelopment zones to be known as the zone one and zone two. Zone one\nshall include the city of New York and the counties of Nassau, Putnam,\nRockland, Suffolk and Westchester. Zone two shall include all the…

§ 1311. License authorization; restrictions. 1. The commission is\nauthorized to award up to four gaming facility licenses, in regions one,\ntwo and five of zone two. The duration of such initial license shall be\nten years. The term of renewal shall be determined by the commiss…

§ 1312. Requests for applications. 1. The board shall issue within\nninety days of a majority of members being appointed a request for\napplications for a gaming facility license in regions one, two and five\nin zone two; provided, however, that the board shall not issue any\nre…

§ 1313. Form of application. 1. The commission and the board shall\nprescribe the initial form of the application for gaming licenses which\nshall require, but not be limited to:\n (a) the name of the applicant;\n (b) the mailing address and, if a corporation, the name of the st…

§ 1314. 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. As a condition of filing, each potential license applicant must\ndemonstr…

§ 1315. Required capital investment. 1. The board shall establish the\nminimum capital investment for a gaming facility by zone and region.\nSuch investment shall include, but not be limited to, a casino area, at\nleast one hotel and other amenities; and provided further, that t…

§ 1316. Minimum license thresholds. No applicant shall be eligible to\nreceive a gaming license unless the applicant meets the following\ncriteria and clearly states as part of an application that the applicant\nshall:\n 1. in accordance with the design plans submitted with the …

§ 1317. Investigation of license applicants. 1. Upon receipt of an\napplication for a gaming facility license, the commission shall cause to\nbe commenced an investigation by the division of state police into the\nsuitability of the applicant. In evaluating the suitability of th…

§ 1318. Disqualifying criteria. 1. The commission shall deny a license\nto any applicant who the commission determines is disqualified on the\nbasis of any of the following criteria, subject to notice and an\nopportunity for hearing:\n (a) failure of the applicant to prove by cl…

§ 1319. Hearings. The commission and the board shall have the\nindependent authority to conduct hearings concerning the conduct of\ngaming and applicants for gaming facility licenses in accordance with\nany procedures set forth in this article and any applicable implementing\nre…

§ 132. Powers. The gaming inspector general shall have the power to:\n 1. subpoena and enforce the attendance of witnesses;\n 2. administer oaths or affirmations and examine witnesses under oath;\n 3. require the production of any books and papers deemed relevant or\nmaterial to…

§ 1320. Siting evaluation. In determining whether an applicant shall\nbe eligible for a gaming facility license, the board shall evaluate and\nissue a finding of how each applicant proposes to advance the following\nobjectives.\n 1. The decision by the board to select a gaming f…

§ 1321-a. License authorization; restrictions. 1. The commission is\nauthorized to award up to three additional gaming facility licenses. The\nduration of such initial license and the term of renewal shall be\ndetermined by the commission; provided however, that such initial\nli…

§ 1321-b. Requests for applications. Requests for applications shall\nbe handled in the same manner as provided for in section thirteen\nhundred twelve of this article for gaming licenses authorized but not\nawarded, provided however that any requests for applications for gaming…

§ 1321-c. Form of application. The form of the application shall be\nthe same as established under section thirteen hundred thirteen of this\narticle.\n

§ 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\napplican…

§ 1321-e. Required capital investment. 1. The board shall establish\nthe minimum capital investment for each unawarded gaming facility\nlicense. Such investment may include, but not be limited to, a casino\narea, hotel and other amenities; and provided further, that the board\ns…

§ 1321-f. Minimum license thresholds. The minimum licensing thresholds\nshall be the same as those established under section thirteen hundred\nsixteen of this article.\n

§ 1321-g. Investigation of license applicants. The process used to\ninvestigate license applicants shall be the same process established\nunder section thirteen hundred seventeen of this article.\n

§ 1321-h. Disqualifying criteria. The criteria to disqualify\napplicants shall be the same criteria used for upstate gaming facility\nlicensing, which are enumerated in section thirteen hundred eighteen of\nthis article.\n