Section 312. Special policemen  


Latest version.
  • 1. For the purpose of preserving order and
      preventing offenses against the laws prohibiting gambling, the  officers
      or  directors of any corporation or association created under or subject
      to the provisions of  sections  two  hundred  twenty-two  through  seven
      hundred  five of this chapter are hereby authorized to appoint from time
      to time, special policemen, and the same to  remove  at  pleasure,  who,
      when  appointed, shall be peace officers with the same powers within and
      about such grounds as are vested in  peace  officers  as  set  forth  in
      section  2.20 of the criminal procedure law, whose duty and powers, when
      appointed, shall be to preserve order within and around the grounds  and
      racetracks  of  said corporation or association, to protect the property
      within said grounds, to  eject  or  arrest  all  persons  who  shall  be
      improperly  within the grounds of such corporation or association or who
      shall be guilty of disorderly conduct, or who shall neglect or refuse to
      pay the fees or to observe the rules prescribed by said  corporation  or
      association;  and  it  shall be the further duty of said policemen, when
      appointed  to  prevent  all  violations  of  law   with   reference   to
      pool-selling,  bookmaking, and other gambling, and to arrest any and all
      persons violating such provisions, and to convey such person or  persons
      so  arrested,  with  a  statement  of the cause of such arrest, before a
      court having jurisdiction of such offense, to be dealt with according to
      the law. The appointment of policemen in pursuance of this section shall
      not be deemed to supersede in any wise on the grounds and  racetrack  of
      such  corporation  or  association  the  authority  of peace officers or
      police officers of  the  jurisdiction  within  which  such  grounds  and
      racetrack are located.
        2.  Any  appointment  of  a special policeman under this section shall
      only be made with the approval of the state racing and  wagering  board.
      Application for such approval shall be in such form as may be prescribed
      by  the  board  and  shall contain such other information or material or
      evidence as the board shall require. In acting  on  an  application  for
      such  approval  the  board  shall  consider  the background, experience,
      integrity, and competence of the candidate for appointment,  the  public
      interest,  convenience  or necessity and the interests of harness racing
      generally. The board in its discretion may set  the  term  of  any  such
      appointment,   terminate  any  existing  appointment  at  any  time  and
      prescribe conditions and rules for the conduct of such office.