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

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

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

§ 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 possessed by and the obligations and duties of the former racing and wagering board and its predecessors and the division of the lottery and its predecessors are hereby transferred to the commission.

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

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

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

§ 1201. New York state office of racing promotion and development. There is hereby created within the New York state gaming commission a separate and independent office of racing promotion and development. The office shall promote the breeding of horses and the conduct of equine…

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

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

§ 122. Continuation of rules and regulations. All rules, regulations, acts, orders, determinations, and decisions of the former division of the lottery and former racing and wagering board in force at the time of such transfer and assumption, shall continue in force and effect a…

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

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

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

§ 126. Transfer of appropriations heretofore made. Subject to the approval of the director of the budget, any and all appropriations and reappropriations heretofore made to the former division of the lottery and former racing and wagering board for the functions and purposes tra…

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

§ 128. Promulgation of rules and regulations. Notwithstanding any inconsistent provision of the state administrative procedure act, the commission shall be authorized to promulgate regulations on an emergency basis to ensure the implementation of this article.

§ 129. Construction of other laws or provisions. Unless the context shall require otherwise, the terms "division of the lottery", "state quarter horse racing commission", "state racing commission", "state harness racing commission", "state racing and wagering board" or "board" w…

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

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

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

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

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

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

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

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

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

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

§ 1309. Severability and preemption. 1. If any clause, sentence, subparagraph, paragraph, subdivision, section, article or other portion of this article or the application thereof to any person or circumstances shall be held to be invalid, such holding shall not affect, impair o…

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

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

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

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

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

§ 1314. License applicant eligibility. 1. Gaming facility licenses shall only be issued to applicants who are qualified under the criteria set forth in this article, as determined by the commission. 2. As a condition of filing, each potential license applicant must demonstrate t…

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

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

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

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

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

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

§ 1320. Siting evaluation. In determining whether an applicant shall be eligible for a gaming facility license, the board shall evaluate and issue a finding of how each applicant proposes to advance the following objectives. 1. The decision by the board to select a gaming facili…

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

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

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

§ 1321-d. License applicant eligibility. 1. Gaming facility licenses shall only be issued to applicants who are qualified under the criteria set forth in this article, as determined by the commission. 2. Prior to official review by the board, each potential license applicant mus…

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

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

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

§ 1321-h. Disqualifying criteria. The criteria to disqualify applicants shall be the same criteria used for upstate gaming facility licensing, which are enumerated in section thirteen hundred eighteen of this article.