§ 213 220. Licenses for participants and employees at race meetings; competitive bidding and review of certain contracts of a nonprofit racing association

1. For the purpose of maintaining a proper control over race meetings conducted pursuant to section two hundred seven five of this article, the state racing and wagering board shall license owners, which term shall be deemed to include part owners and lessees, trainers, assistant trainers and jockeys, jockey agents, stable employees, and such other persons as the board may by rule prescribe at running races and at steeplechases and hunts, provided, however, that no such license shall be required for seasonal employees hired solely to work for no longer than six weeks during the summer meet at Saratoga racetrack. In the event that a proposed licensee is other than a natural person, the board shall require by regulation disclosure of the names and addresses of all owners of an interest in such entity. The board may retain, employ or appoint such officers, employees and agents, as it may deem necessary to receive, examine and make recommendations, for the consideration of the board, in respect of applications for such licenses; prescribe their duties in connection therewith, and fix their compensation therefor within the limitations prescribed by law. Each applicant for a license shall pay to the board an annual license fee as follows: owner's license, if a renewal, fifty dollars, and if an original application, one hundred dollars; trainer's license, thirty dollars; assistant trainer's license, thirty dollars; jockey's license, fifty dollars; jockey agent's license, twenty dollars; and stable employee's license, five dollars. Each applicant may apply for a two year or three year license by payment to the board of the appropriate multiple of the annual fee. The board may by rule fix the license fees to be paid by other persons required to be licensed by the rules of the board, not to exceed thirty dollars per category. The application for the license shall be in writing in such form as the board may prescribe, and contain such information as the board may require. The board shall henceforth cause all applicants for licenses to be photographed and fingerprinted and may issue identification cards to licensees. Such fingerprints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of the education law, and may be submitted to the federal bureau of investigation for a national criminal history record check. A fee equal to the actual cost of issuance shall be charged for the initial issuance of such identification cards. Each such license unless revoked for cause shall be for the period of no more than one, two or three years, determined by rule of the board, expiring on the applicant's birth date. Licenses current on the effective date of this provision shall not be reduced in duration by this provision. An applicant who applies for a license that, if issued, would take effect less than six months prior to the applicant's birth date may, by payment of a fifty percent higher fee, receive a license which shall not expire until the applicant's second succeeding birth date. All receipts of the board derived from the operation of this section shall be paid by it into the state treasury on or before the tenth day of each month. All officials connected with the actual conduct of racing shall be approved by the board.
2. If the state racing and wagering board shall find that the financial responsibility, experience, character and general fitness of the applicant are such that the participation of such person will be consistent with the public interest, convenience or necessity and with the best interests of racing generally in conformity with the purposes of this article, it shall thereupon grant a license. If the board shall find that the applicant fails to meet any of said conditions, it shall not grant such license and it shall notify the applicant of the denial.
The board may refuse to issue or renew a license, or may suspend or revoke a license issued pursuant to this section, if it shall find that the applicant, or any person who is a partner, agent, employee or associate of the applicant, has been convicted of a crime in any jurisdiction, or is or has been associating or consorting with any person who has or persons who have been convicted of a crime or crimes in any jurisdiction or jurisdictions or is consorting or associating with or has consorted or associated with bookmakers, touts, or persons of similar pursuits, or has himself engaged in similar pursuits, or is financially irresponsible, or has been guilty of or attempted any fraud or misrepresentation in connection with racing, breeding, or otherwise, or has violated or attempted to violate any law with respect to racing in any jurisdiction or any rule, regulation or order of the board, or shall have violated any rule of racing which shall have been approved or adopted by the board, or has been guilty of or engaged in similar, related or like practices.
3. No license shall be revoked unless such revocation is by board determination upon a meeting of the board. Prior to revocation or suspension of license a licensee shall be entitled to a hearing on notice except that summary suspension where emergency action is required in accordance with subdivision three of section four hundred one of the state administrative procedure act may be ordered. In the conduct of such hearing the board shall not be bound by technical rules of evidence but all evidence offered before the board shall be reduced to writing, and such evidence together with the exhibits, if any, and the findings of the board, shall be permanently preserved and shall constitute the record of the board in such case. Such hearing may be presided over by the chairman of the board or by any member or by an officer of the board designated by the chairman 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 two members of the board, shall become the findings of the board. The action of the board in refusing, suspending or in revoking 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.
4. Within one year from the date of payment and upon the audit of the state comptroller, the department of state monies may refund any be refunded for any fee paid pursuant to this section, for which no license is issued or refund that portion of the payment that is in excess of the amount prescribed by this section.
5. a. All contracts entered into by a non-profit racing association for the procurement of goods or services of a value in excess of two hundred fifty thousand dollars shall be awarded only by a process of competitive bidding approved by the board.
b. A non-profit racing association shall be exempt from competitive bid requirements under this section, if the goods or services are necessary on an "emergency" basis as defined under paragraph b of subdivision one of section one hundred sixty-three of the state finance law or if the required goods are available from a "sole source" as such term is defined in paragraph g of subdivision one of section one hundred sixty-three of the state finance law. In the event of an emergency, such association shall notify the board, in writing, within fifteen days after such emergency, of the events and circumstances constituting such emergency. In the event of a "sole source" procurement, such association shall notify the board, in writing, at least fifteen days prior to contracting for such goods, of the facts establishing the unique nature of such source.
c. In its review of the contracts pursuant to this section or any non-competitively bid contract in excess of one hundred thousand dollars, the board may review the character and fitness of the entity or its principals entering into contracts with a non-profit racing association and provided further the board may require such information as it deems necessary including the power to subpoena such books, records and other pertinent information related to the contracts from the contractor or vendor of any contract.