Section 409. Licenses for participants and employees at quarter horse race meetings

1. For the purpose of  maintaining  a  proper  control  over
  quarter  horse  race meetings conducted pursuant to sections two hundred
  twenty-two through seven hundred five of this chapter, the state  racing
  and  wagering board may license jockeys or riders and such other persons
  participating in quarter horse race meets, as  the  board  may  by  rule
  prescribe,  including,  if the board deem it necessary so to do, owners,
  and some or all persons  exercising  their  occupation  or  employed  at
  quarter  horse race meets. 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, twenty dollars; assistant trainer's  license,  twenty
  dollars; jockey's license, fifty dollars; jockey agent's license, twenty
  dollars;  farrier's  license,  twenty  dollars;  and  stable  employee's
  license, five dollars. Such fees shall be paid to the board  and  by  it
  paid into the state treasury. 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 twenty dollars per  category.  All  such  licenses,
  unless  revoked  for cause, shall be for the period of no more than one,
  two or three years, as 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. For each category of
  license,  the  applicant  may  apply  for a two or three year license by
  payment to the board of the appropriate multiple of the annual fee.  The
  applications   for   licenses   shall  be  in  writing,  accompanied  by
  fingerprints and a photograph of the applicant, and  shall  be  in  such
  form, and contain such other information, as the board may require. 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.
    Every  person  employed by such association or corporation licensed to
  conduct  pari-mutuel  quarter  horse  racing,  including  officers   and
  directors  thereof,  whether  or not such person be licensed, shall file
  fingerprints and a photograph with the board within  thirty  days  after
  being  so  employed  or  taking such office. Every person employed after
  January first, nineteen hundred  seventy-one,  by  such  association  or
  corporation,  including  officers  and directors thereof, whether or not
  such person be licensed, shall file fingerprints and a  photograph  with
  the  board  within  ten  days after such employment or after taking such
  office. The fingerprints so obtained from applicants  for  licenses  and
  from  employees not to be licensed shall be forthwith transmitted by the
  board to the division of criminal  justice  services  and  may  also  be
  submitted to the federal bureau of investigation or any other government
  agency  having  facilities  for checking fingerprints for the purpose of
  establishing the identity and the previous criminal record, if  any,  of
  such  person  and  such agency shall promptly report its findings to the
  board in writing.
    2. If the board shall find that the experience, character and  general
  fitness  of the applicant are such that the participation of such person
  in quarter horse race meets will be consistent with the public interest,
  convenience  and  necessity  and  with  the  best  interests  of  racing
  generally  in  conformity  with  the  purposes  of  sections two hundred

  twenty-two through seven hundred five of this chapter, it may  thereupon
  grant a license.
    Without limiting the generality of the foregoing, the board may refuse
  to  issue a license, pursuant to this section, if it shall find that the
  applicant:
    a. Has been convicted of a crime involving moral turpitude;
    b. Has engaged in bookmaking or other form of illegal gambling;
    c. Has  been  found  guilty  of  any  fraud  or  misrepresentation  in
  connection with racing or breeding;
    d.  Has  been  found guilty of any violation or attempt to violate any
  law, rule  or  regulation  of  racing  in  any  jurisdiction  for  which
  suspension from racing might be imposed in such jurisdiction; or
    e.  Who  has  violated any rule, regulation or order of the board. The
  board may suspend or revoke a license issued pursuant to this section if
  it shall determine that (i) the  applicant  or  licensee  (1)  has  been
  convicted  of  a  crime  involving  moral  turpitude; (2) has engaged in
  bookmaking or other form of illegal gambling; (3) has been found  guilty
  of  any fraud in connection with racing or breeding; (4) 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;  or  (5)  who  has  violated  any  rule,
  regulation or order of the board, or (ii) that the experience, character
  or  general  fitness  of  any  applicant  or  licensee  is such that the
  participation  of  such  person  in  quarter  horse  racing  or  related
  activities  would  be inconsistent with the public interest, convenience
  or necessity or with the best interests of racing generally.
    3. 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.