N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 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, that no more than three gaming facilities shall be located in zone one. In exercising its authority, the board shall have all powers necessary or convenient to fully carry out and effectuate its purposes including, but not limited to, the following powers. The board shall:


issue a request for applications for zone one or two gaming facility licenses pursuant to section one thousand three hundred twelve or section one thousand three hundred twenty-one-b of this article;


assist the commission in prescribing the form of the application for zone one or two gaming facility licenses including information to be furnished by an applicant concerning an applicant’s antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present pursuant to section one thousand three hundred thirteen or section one thousand three hundred twenty-one-c of this article;


develop criteria, in addition to those outlined in this article, to assess which applications provide the highest and best value to the state, the zone and the region in which a gaming facility is to be located;


determine a gaming facility license fee to be paid by an applicant;


determine, with the assistance of the commission, the sources and total amount of an applicant’s proposed capitalization to develop, construct, maintain and operate a proposed gaming facility license under this article;


have the authority to conduct investigative hearings concerning the conduct of gaming and gaming operations in accordance with any procedures set forth in this article and any applicable implementing regulations;


issue detailed findings of facts and conclusions demonstrating the reasons supporting its decisions to select applicants for commission licensure;


report annually to the governor, the speaker of the assembly and the temporary president of the senate, its proceedings for the preceding calendar year and any suggestions and recommendations as it shall deem desirable;


promulgate any rules and regulations that it deems necessary to carry out its responsibilities;


have the power to administer oaths and examine witnesses; and request and receive 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 of the division of criminal justice services, pursuant to subdivision eight-a of Executive Law § 837 (Functions, powers and duties of division)section eight hundred thirty-seven of the executive law, in connection with executing the responsibilities of the board relating to licensing including fingerprinting, criminal history information and background investigations, of entities applying for a gaming facility license. At the request of the board, the division of criminal justice services shall submit a fingerprint card, along with the subject’s processing fee, to the federal bureau of investigation for the purpose of conducting a criminal history search and returning a report thereon. The board shall also be entitled to request and receive, pursuant to a written memorandum of understanding filed with the department of state, any information in the possession of the state attorney general relating to the investigation of organized crime, gaming offenses, other revenue crimes or tax evasion. Provided however, the attorney general may withhold any information that (a) would identify a confidential source or disclose confidential information relating to a criminal investigation, (b) would interfere with law enforcement investigations or judicial proceedings, (c) reveal criminal investigative techniques or procedures, that, if disclosed, could endanger the life or safety of any person, or


constitutes records received from other state, local or federal agencies that the attorney general is prohibited by law, regulation or agreement from disclosing.

Source: Section 1306 — Powers of the board, https://www.­nysenate.­gov/legislation/laws/PML/1306 (updated Apr. 22, 2022; accessed Jul. 13, 2024).

Jul. 13, 2024

Last modified:
Apr. 22, 2022

§ 1306’s source at nysenate​.gov

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