N.Y.
Racing, Pari-Mutuel Wagering and Breeding Law Section 1305
Supplemental power of the commission
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; and21.
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 Apr. 27, 2024).
