N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 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 facility license applicant shall be weighted by seventy percent based on economic activity and business development factors including:

(a)

realizing maximum capital investment exclusive of land acquisition and infrastructure improvements;

(b)

maximizing revenues received by the state and localities;

(c)

providing the highest number of quality jobs in the gaming facility;

(d)

building a gaming facility of the highest caliber with a variety of quality amenities to be included as part of the gaming facility;

(e)

offering the highest and best value to patrons to create a secure and robust gaming market in the region and the state;

(f)

providing a market analysis detailing the benefits of the site location of the gaming facility and the estimated recapture rate of gaming-related spending by residents travelling to an out-of-state gaming facility;

(g)

offering the fastest time to completion of the full gaming facility;

(h)

demonstrating the ability to fully finance the gaming facility; and

(i)

demonstrating experience in the development and operation of a quality gaming facility.

2.

The decision by the board to select a gaming facility license applicant shall be weighted by twenty percent based on local impact and siting factors including:

(a)

mitigating potential impacts on host and nearby municipalities which might result from the development or operation of the gaming facility;

(b)

gaining public support in the host and nearby municipalities which may be demonstrated through the passage of local laws or public comment received by the board or gaming applicant;

(c)

operating in partnership with and promoting local hotels, restaurants and retail facilities so that patrons experience the full diversified regional tourism industry; and

(d)

establishing a fair and reasonable partnership with live entertainment venues that may be impacted by a gaming facility under which the gaming facility actively supports the mission and the operation of the impacted entertainment venues.

3.

The decision by the board to select a gaming facility license applicant shall be weighted by ten percent based on workforce enhancement factors including:

(a)

implementing a workforce development plan that utilizes the existing labor force, including the estimated number of construction jobs a proposed gaming facility will generate, the development of workforce training programs that serve the unemployed and methods for accessing employment at the gaming facility;

(b)

taking additional measures to address problem gambling including, but not limited to, training of gaming employees to identify patrons exhibiting problems with gambling;

(c)

utilizing sustainable development principles including, but not limited to: (1) having new and renovation construction certified under the appropriate certification category in the Leadership in Energy and Environmental Design Green Building Rating System created by the United States Green Building Council; (2) efforts to mitigate vehicle trips; (3) efforts to conserve water and manage storm water; (4) demonstrating that electrical and HVAC equipment and appliances will be Energy Star labeled where available; (5) procuring or generating on-site ten percent of its annual electricity consumption from renewable sources; and (6) developing an ongoing plan to submeter and monitor all major sources of energy consumption and undertake regular efforts to maintain and improve energy efficiency of buildings in their systems;

(d)

establishing, funding and maintaining human resource hiring and training practices that promote the development of a skilled and diverse workforce and access to promotion opportunities through a workforce training program that: (1) establishes transparent career paths with measurable criteria within the gaming facility that lead to increased responsibility and higher pay grades that are designed to allow employees to pursue career advancement and promotion; (2) provides employee access to additional resources, such as tuition reimbursement or stipend policies, to enable employees to acquire the education or job training needed to advance career paths based on increased responsibility and pay grades; and (3) establishes an on-site child day care program;

(e)

purchasing, whenever possible, domestically manufactured slot machines for installation in the gaming facility;

(f)

implementing a workforce development plan that: (1) incorporates an affirmative action program of equal opportunity by which the applicant guarantees to provide equal employment opportunities to all employees qualified for licensure in all employment categories, including persons with disabilities; (2) utilizes the existing labor force in the state; (3) estimates the number of construction jobs a gaming facility will generate and provides for equal employment opportunities and which includes specific goals for the utilization of minorities, women and veterans on those construction jobs; (4) identifies workforce training programs offered by the gaming facility; and (5) identifies the methods for accessing employment at the gaming facility; and

(g)

demonstrating that the applicant has an agreement with organized labor, including hospitality services, and has the support of organized labor for its application, which specifies: (1) the number of employees to be employed at the gaming facility, including detailed information on the pay rate and benefits for employees and contractors in the gaming facility and all infrastructure improvements related to the project; and (2) detailed plans for assuring labor harmony during all phases of the construction, reconstruction, renovation, development and operation of the gaming facility.

Source: Section 1320 — Siting evaluation, https://www.­nysenate.­gov/legislation/laws/PML/1320 (updated Sep. 22, 2014; accessed Jun. 8, 2024).

Accessed:
Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 1320’s source at nysenate​.gov

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