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This entry was published on 2014-09-22
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Supplemental power of the commission
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 1
§ 1305. Supplemental power of the commission. The commission shall
have all powers necessary or convenient to carry out and effectuate its
purposes including, but not limited to, the power to:

1. execute all instruments necessary or convenient for accomplishing
the purposes of this article;

2. enter into agreements or other transactions with a person,
including, but not limited to, a public entity or other governmental
instrumentality or authority in connection with its powers and duties
under this article;

3. require an applicant for a position which requires a license under
this article to apply for such license and approve or disapprove any
such application or other transactions, events and processes as provided
in this article;

4. require a person who has a business association of any kind with a
gaming licensee or applicant to be qualified for licensure under this

5. determine a suitable debt-to-equity ratio for applicants for a
gaming license;

6. deny an application or limit, condition, restrict, revoke or
suspend a license, registration, finding of suitability or approval, or
fine a person licensed, registered, found suitable or approved for any
cause that the commission deems reasonable;

7. monitor the conduct of licensees and other persons having a
material involvement, directly or indirectly, with a licensee for the
purpose of ensuring that licenses are not issued to or held by and that
there is no direct or indirect material involvement with a licensee, by
an unqualified or unsuitable person or by a person whose operations are
conducted in an unsuitable manner or in unsuitable or prohibited places
as provided in this article;

8. gather facts and information applicable to the commission's
obligation to issue, suspend or revoke licenses, work permits or
registrations for:

(a) a violation of this article or any regulation adopted by the

(b) willfully violating an order of the commission directed to a

(c) the conviction of certain criminal offenses; or

(d) the violation of any other offense which would disqualify such a
licensee from holding a license, work permit or registration;

9. conduct investigations into the qualifications of any regulated
entity and all applicants for licensure;

10. request and receive from the division of criminal justice services
and the federal bureau of investigation, criminal history information as
defined in paragraph (c) of subdivision one of section eight hundred
forty-five-b of the executive law for the purpose of evaluating
applicants for employment by any regulated entity, and evaluating
licensees and applicants for licensure under this article;

11. be present, through its agents, at all times, in a gaming facility
for the purposes of:

(a) certifying revenue;

(b) receiving complaints from the public relating to the conduct of
gaming and wagering operations;

(c) examining records of revenues and procedures and inspecting and
auditing all books, documents and records of licensees;

(d) conducting periodic reviews of operations and facilities for the
purpose of regulations adopted hereunder; and

(e) exercising its oversight responsibilities with respect to gaming;

12. inspect and have access to all equipment and supplies in a gaming
facility or on premises where gaming equipment is manufactured, sold or

13. seize and remove from the premises of a gaming licensee and
impound any equipment, supplies, documents and records for the purpose
of examination and inspection;

14. demand access to and inspect, examine, photocopy and audit all
papers, books and records of any affiliate of a gaming licensee or
gaming vendor whom the commission suspects is involved in the financing,
operation or management of the gaming licensee or gaming vendor;
provided, however, that the inspection, examination, photocopying and
audit may take place on the affiliate's premises or elsewhere as
practicable and in the presence of the affiliate or its agent;

15. require that the books and financial or other records or
statements of a gaming licensee or gaming vendor be kept in a manner
that the commission considers proper;

16. levy and collect assessments, fees, fines and interest and impose
penalties and sanctions as authorized by law for a violation of this
article or any regulations promulgated by the commission;

17. collect taxes, fees and interest under this article;

18. restrict, suspend or revoke licenses issued under this article;

19. refer cases for criminal prosecution to the appropriate federal,
state or local authorities;

20. adopt, amend or repeal regulations for the implementation,
administration and enforcement of this article; and

21. determine a suitable duration for each license, registration or
finding of suitability or approval.