New York Laws
Article 3 - Harness Racing and Breeding
307 - Licenses for Harness Race Meetings.

(i) been convicted of a crime involving moral turpitude;
(ii) engaged in bookmaking or other forms of illegal gambling;
(iii) been found guilty of any fraud or misrepresentation in
connection with racing or breeding;
(iv) been guilty of any violation or attempt to violate any law, rule
or regulation of any racing jurisdiction for which suspension from
racing might be imposed in such jurisdiction;
(v) violated any rule, regulation or order of the commission; or
b. The experience, character or general fitness of any officer,
director or stockholder of any of the aforesaid associations or
corporations is such that the participation of such person in harness
racing or related activities would be inconsistent with the public
interest, convenience or necessity or with the best interests of racing
generally; but if the commission determines that the interest of any
stockholder referred to in this paragraph or in paragraph a of this
subdivision is insufficient in the opinion of the commission to affect
adversely the conduct of pari-mutuel harness racing by such association
or corporation in accordance with the provisions of this article, the
commission may disregard such interest in determining whether or not to
grant a license to such association or corporation; or
c. The applicant is not the owner of the track at which it will
conduct pari-mutuel harness racing pursuant to the license applied for,
or that any person, firm, association or corporation other than the
applicant shares, or will share, in the profits of the applicant, other
than by dividends as a stockholder, or participates or will participate
in the management of the affairs of the applicant.
5-a. The commission shall not issue a license pursuant to this section
to any harness racing association or corporation that does not apply to
conduct at its facilities a minimum number of pari-mutuel programs and
pari-mutuel races at its facilities equal to at least seventy-five
percent of the programs and races so conducted during nineteen hundred
eighty-five or during nineteen hundred eighty-six, or one hundred
percent of the programs and races so conducted during two thousand,

whichever is greater; provided, however, that for a harness racing
association or corporation located in Westchester and Erie counties,
such minimum number of pari-mutuel programs and pari-mutuel races at its
facilities shall equal at least one hundred percent of the programs and
races conducted during two thousand. If the track did not conduct races
during two thousand, such minimum number of pari-mutuel programs and
pari-mutuel races at its facilities shall equal at least ninety percent
of the programs and races conducted during two thousand at Buffalo
raceway, in the town of Hamburg and county of Erie, unless cancellation
of a race day because of an act of God, that the commission approves or
because of weather conditions that are unsafe or hazardous that the
commission approves shall not be construed as a failure to conduct a
race day; provided further, the commission shall not grant a license to
such association or corporation upon application unless such programs
and races are conducted during the same calendar year period as were
conducted during the applicable period above used to measure the minimum
number of pari-mutuel programs and pari-mutuel races, as approved by the
commission. Nothing in the foregoing paragraph shall affect any
agreement in effect on or before the effective date of this paragraph.
The commission may grant a license to such association or corporation to
conduct fewer such programs and races for good cause shown due to
factors beyond the control of such association or corporation, and upon
consent of the representative horsemen's association, as determined
pursuant to section three hundred eighteen of this article.
5-b. Notwithstanding any inconsistent provision of subdivision five-a
of this section and article ten of this chapter, where the commission
certifies by December first of the proceeding year that the number of
standardbred horses eligible for competition is less than that of the
base year as defined in subdivision five-a of this section, and only if
the authorized horsemen's association concurs as evidenced by a written
agreement between the track and the horsemen's association, a licensee
pursuant to this section may submit and the commission may accept a
license application requesting a reduced number of race dates where it
is in the best interest of racing within this state and provided that
the licensee shall not be penalized or required by the commission to
diminish simulcasting activities or incur an increased tax liability as
a result of a commission-sanctioned reduction in its live racing
activity under this subdivision.
6. The commission shall also have power to refuse to grant a license:
a. to any association or corporation, the charter or certificate of
incorporation of which fails to contain a provision requiring any
stockholder, upon written demand of the association or corporation, to
sell his, her or its stock to the association or corporation at a price
to be fixed in the manner otherwise provided by law, provided such
demand be made pursuant to written direction of the commission; and from
and after the date of the making of such demand, prohibiting the
transfer of such certificate of stock, except to the association or
corporation; or
b. to any association or corporation that, having been a licensee, has
failed in the opinion of the commission to properly maintain its track
and plant in good condition or has failed to make adequate provision for
rehabilitation and capital improvements to its track and plant.
7. Pending final determination of any question under this section, the
commission may issue a temporary license upon such terms and conditions
as it may deem necessary, desirable or proper to effectuate the
provisions of sections two hundred twenty-two through seven hundred five
of this chapter.

8. Notwithstanding any other provision of this article, the commission
may, no more than once in any calendar year, grant a license to any
authorized harness racing association or corporation to hold and conduct
one additional harness race meeting of not more than seven days
duration, with pari-mutuel betting, on any mile track within this state,
to enable said authorized harness racing association or corporation to
conduct a special stakes race not limited to the Hambletonian stakes and
associated events.
9. The commission shall have power to direct that every certificate of
stock of an association or corporation licensed under the provisions of
sections two hundred twenty-two through seven hundred five of this
chapter shall bear a legend plainly and prominently imprinted upon the
face of the certificate reading: "This certificate of stock is
transferable only subject to the provisions of section three hundred
three of the racing, pari-mutuel wagering and breeding law".
10. Notwithstanding the provisions of section three hundred twenty-one
of this article, the refusal of an application for such license shall be
preceded by notice and an opportunity to be heard. In the conduct of
such hearing the commission shall not be bound by technical rules of
evidence but all evidence offered before the commission shall be reduced
to writing, and such evidence together with the exhibits, if any, and
the findings of the commission, shall be permanently preserved and shall
constitute the record of the commission in such case. Such hearing may
be presided over by the chair of the commission or by any member or by
an officer of the commission designated by the chair in writing to act
as hearing officer and such person or persons may issue subpoenas for
witnesses and administer oaths to witnesses. The hearing officer, at the
conclusion of the hearing shall make findings which, if concurred in by
a majority of the commission, shall become the findings of the
commission. The action of the commission in refusing a license shall be
reviewable in the supreme court in the manner provided by the provisions
of article seventy-eight of the civil practice law and rules.