Section 307. Licenses for harness race meetings

1. Any association or
  corporation  desiring  to  conduct  harness  race  meetings   at   which
  pari-mutuel  betting  shall be permitted may apply annually to the state
  racing and wagering board for a license so to do. If, in the judgment of
  the state racing and wagering board the public interest, convenience  or
  necessity  will  be served thereby and a proper case for the issuance of
  such license is shown consistent  with  the  purposes  of  sections  two
  hundred  twenty-two  through  seven hundred five of this chapter and the
  best interests of racing generally, it may grant such license for a term
  ending not later than the thirty-first day of December  next  succeeding
  the  granting  thereof,  specifying dates and hours during which and the
  place where the  licensee  may  operate;  provided,  however,  that  any
  harness  racetrack  which applies to the state racing and wagering board
  for permission  to  make  one  or  more  capital  improvements  may,  in
  connection  with  such  application or before or after such application,
  also apply to the state racing and wagering board  for,  and  the  state
  racing  and wagering board shall, as an inducement for or in recognition
  of the making of such capital improvement, grant a  capital  improvement
  license,  which  may  be  conditioned  on  the completion of the capital
  improvement if not yet made, for a period of not more  than  twenty-five
  years, but in no event for a period longer than is necessary to amortize
  any loan for capital improvements and shall specify for each year of the
  term  of  said  license  the  minimum  number  of days on which, and the
  minimum number of hours on each such day,  and  the  places  where  said
  licensee  may  conduct  such  harness race meetings at which pari-mutuel
  betting shall be permitted. Such a capital improvement license shall  be
  issued  if  in  the  judgment of the state racing and wagering board the
  public interest, convenience or necessity will be served thereby  and  a
  proper  case for the issuance of such a license is shown consistent with
  the purposes of sections two hundred twenty-two  through  seven  hundred
  five  of this chapter and the best interests of racing generally, and in
  determining the period and  other  terms  of  such  capital  improvement
  license,  the  state  racing  and  wagering board shall be guided by the
  nature of the capital improvement and the  cost  thereof.  Such  capital
  improvement license shall automatically expire, irrespective of the term
  thereof,  when the loan of funds upon which it has been issued, has been
  paid off by  the  licensee.  Where  a  capital  improvement  license  is
  granted,  the state racing and wagering board shall specify annually the
  dates on which, but not beyond the thirty-first  day  of  December,  and
  hours  during which such licensee may operate, at the places and for the
  full number of days and  hours  specified  in  its  capital  improvement
  license.
    2. Every such license shall be issued upon condition:
    a.  That every harness horse race meeting at which pari-mutuel betting
  is conducted  shall  be  subject  to  the  supervision  of  and  to  the
  reasonable  rules  and  regulations  from time to time prescribed by the
  state racing and wagering board, and
    b. That pari-mutuel betting conducted thereunder shall also be subject
  to the supervision of and to the reasonable  regulations  from  time  to
  time  prescribed  by the state tax commission. Any such license may also
  be issued upon any other condition that the state  racing  and  wagering
  board  shall  determine  to be necessary or desirable to insure that the
  public interest, convenience or necessity is served.
    3. Applications  for  licenses  shall  be  in  such  form  as  may  be
  prescribed  by  the  board  and  shall contain such information or other
  material or evidence as the board  may  require.  Each  application  for
  renewal  of  a  license  shall  be deemed to be an application for a new
  license. The fee for such licenses shall be one hundred dollars for each

  racing day payable in installments in  advance  of  each  week's  racing
  which  sums shall be paid into the general fund of the state treasury by
  the board.  The term "racing week" shall include those days  as  defined
  by the rules and regulations of the racing and wagering board.
    4.  In considering an application for a license under this section the
  state racing and wagering board may give consideration to the number  of
  licenses  already  granted  and to the location of the tracks previously
  licensed. No such license shall be granted to any track  which  has  not
  conducted  pari-mutuel harness racing during at least ten calendar years
  and which is located within ten miles of a state, county  or  town  fair
  conducting  harness  racing  for the three consecutive years immediately
  preceding April second,  nineteen  hundred  fifty-three,  which  license
  shall  be  operative  during  the  racing dates of such fair, unless the
  association,  corporation  or  society  conducting   such   fair   shall
  affirmatively  waive objection to the issuance of such license for dates
  within such period. No such  license  shall  be  granted  to  any  track
  located  within  the  corporate  limits of a city of the first class. No
  such license shall be granted to any  harness  horse  racetrack  located
  within  twenty-five  miles  of  any  track already licensed for the same
  dates and hours except with the consent of the licensee  located  within
  such twenty-five mile area.
    5.  The  board  may  refuse  to  grant  a license to an association or
  corporation if it shall determine that:
    a. Any officer, director, member or stockholder of such association or
  corporation applying for a license, or of any association or corporation
  which owns stock in or shares in the profits,  or  participates  in  the
  management,  of  the  affairs of such applicant, or which leases to such
  applicant the track where it shall operate:
    (i) has been convicted of a crime involving moral turpitude;
    (ii) has engaged in bookmaking or other forms of illegal gambling;
    (iii) has been found guilty  of  any  fraud  or  misrepresentation  in
  connection with racing or breeding;
    (iv)  has  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) has violated any rule, regulation or order of the board; 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  board  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  board  to  affect
  adversely  the conduct of pari-mutuel harness racing by such association
  or corporation in accordance with the provisions of  this  article,  the
  board 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 board shall not issue a license pursuant to this  section  to
  any  harness  racing  association or corporation which 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 per

  centum of the programs and races so conducted  during  nineteen  hundred
  eighty-five  or  during  nineteen hundred eighty-six, or one hundred per
  centum 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 per centum 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  per
  centum  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, which the board
  approves or because of weather conditions that are unsafe  or  hazardous
  which  the board approves shall not be construed as a failure to conduct
  a race day; provided further, the board 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 utilized to measure the
  minimum  number  of  pari-mutuel  programs  and  pari-mutuel  races,  as
  approved  by  the board. Nothing in the foregoing paragraph shall affect
  any agreement in  effect  on  or  before  the  effective  date  of  this
  paragraph.  The  board  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  board
  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 board 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 board to diminish simulcasting
  activities  or  incur  an increased tax liability as a result of a board
  sanctioned reduction in its live racing activity under this subdivision.
    6. The board shall also have power to refuse to grant a license:
    a. To any association or corporation, the charter  or  certificate  of
  incorporation  of  which shall fail to contain a provision requiring any
  stockholder, upon written demand of the association or  corporation,  to
  sell  his 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 board; 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 which, having been a licensee,
  has failed in the opinion of the board 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
  board 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 state
  racing and wagering board 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  board  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 chapter, 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 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  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.