N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 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 this article;

2.

enter into agreements or other transactions with a person, including, but not limited to, a public entity or other governmental instrumentality or authority in connection with its powers and duties under this article;

3.

require an applicant for a position which requires a license under this article to apply for such license and approve or disapprove any such application or other transactions, events and processes as provided in this article;

4.

require a person who has a business association of any kind with a gaming licensee or applicant to be qualified for licensure under this article;

5.

determine a suitable debt-to-equity ratio for applicants for a gaming license;

6.

deny an application or limit, condition, restrict, revoke or suspend a license, registration, finding of suitability or approval, or fine a person licensed, registered, found suitable or approved for any cause that the commission deems reasonable;

7.

monitor the conduct of licensees and other persons having a material involvement, directly or indirectly, with a licensee for the purpose of ensuring that licenses are not issued to or held by and that there is no direct or indirect material involvement with a licensee, by an unqualified or unsuitable person or by a person whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places as provided in this article;

8.

gather facts and information applicable to the commission’s obligation to issue, suspend or revoke licenses, work permits or registrations for:

(a)

a violation of this article or any regulation adopted by the commission;

(b)

willfully violating an order of the commission directed to a licensee;

(c)

the conviction of certain criminal offenses; or

(d)

the violation of any other offense which would disqualify such a licensee from holding a license, work permit or registration;

9.

conduct investigations into the qualifications of any regulated entity and all applicants for licensure;

10.

request and receive from the division of criminal justice services and the federal bureau of investigation, criminal history information as defined in paragraph (c) of subdivision one of Executive Law § 845-B (Requests for criminal history information)section eight hundred forty-five-b of the executive law for the purpose of evaluating applicants for employment by any regulated entity, and evaluating licensees and applicants for licensure under this article;

11.

be present, through its agents, at all times, in a gaming facility for the purposes of:

(a)

certifying revenue;

(b)

receiving complaints from the public relating to the conduct of gaming and wagering operations;

(c)

examining records of revenues and procedures and inspecting and auditing all books, documents and records of licensees;

(d)

conducting periodic reviews of operations and facilities for the purpose of regulations adopted hereunder; and

(e)

exercising its oversight responsibilities with respect to gaming;

12.

inspect and have access to all equipment and supplies in a gaming facility or on premises where gaming equipment is manufactured, sold or distributed;

13.

seize and remove from the premises of a gaming licensee and impound any equipment, supplies, documents and records for the purpose of examination and inspection;

14.

demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a gaming licensee or gaming vendor whom the commission suspects is involved in the financing, operation or management of the gaming licensee or gaming vendor; provided, however, that the inspection, examination, photocopying and audit may take place on the affiliate’s premises or elsewhere as practicable and in the presence of the affiliate or its agent;

15.

require that the books and financial or other records or statements of a gaming licensee or gaming vendor be kept in a manner that the commission considers proper;

16.

levy and collect assessments, fees, fines and interest and impose penalties and sanctions as authorized by law for a violation of this article or any regulations promulgated by the commission;

17.

collect taxes, fees and interest under this article;

18.

restrict, suspend or revoke licenses issued under this article;

19.

refer cases for criminal prosecution to the appropriate federal, state or local authorities;

20.

adopt, amend or repeal regulations for the implementation, administration and enforcement of this article; and

21.

determine a suitable duration for each license, registration or finding of suitability or approval.

Source: Section 1305 — Supplemental power of the commission, https://www.­nysenate.­gov/legislation/laws/PML/1305 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 1305’s source at nysenate​.gov

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