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This entry was published on 2022-04-22
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Powers of the board
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 1
§ 1306. Powers of the board. The New York state gaming facility
location board shall select, following a competitive process and subject
to the restrictions of this article, no more than seven entities to
apply to the commission for gaming facility licenses; provided however,
that no more than three gaming facilities shall be located in zone one.
In exercising its authority, the board shall have all powers necessary
or convenient to fully carry out and effectuate its purposes including,
but not limited to, the following powers. The board shall:

1. issue a request for applications for zone one or two gaming
facility licenses pursuant to section one thousand three hundred twelve
or section one thousand three hundred twenty-one-b of this article;

2. assist the commission in prescribing the form of the application
for zone one or two gaming facility licenses including information to be
furnished by an applicant concerning an applicant's antecedents, habits,
character, associates, criminal record, business activities and
financial affairs, past or present pursuant to section one thousand
three hundred thirteen or section one thousand three hundred
twenty-one-c of this article;

3. develop criteria, in addition to those outlined in this article, to
assess which applications provide the highest and best value to the
state, the zone and the region in which a gaming facility is to be

4. determine a gaming facility license fee to be paid by an applicant;

5. determine, with the assistance of the commission, the sources and
total amount of an applicant's proposed capitalization to develop,
construct, maintain and operate a proposed gaming facility license under
this article;

6. have the authority to conduct investigative hearings concerning the
conduct of gaming and gaming operations in accordance with any
procedures set forth in this article and any applicable implementing

7. issue detailed findings of facts and conclusions demonstrating the
reasons supporting its decisions to select applicants for commission

8. report annually to the governor, the speaker of the assembly and
the temporary president of the senate, its proceedings for the preceding
calendar year and any suggestions and recommendations as it shall deem

9. promulgate any rules and regulations that it deems necessary to
carry out its responsibilities;

10. have the power to administer oaths and examine witnesses; and
request and receive criminal history information as defined in paragraph
(c) of subdivision one of section eight hundred forty-five-b of the
executive law of the division of criminal justice services, pursuant to
subdivision eight-a of section eight hundred thirty-seven of the
executive law, in connection with executing the responsibilities of the
board relating to licensing including fingerprinting, criminal history
information and background investigations, of entities applying for a
gaming facility license. At the request of the board, the division of
criminal justice services shall submit a fingerprint card, along with
the subject's processing fee, to the federal bureau of investigation for
the purpose of conducting a criminal history search and returning a
report thereon. The board shall also be entitled to request and receive,
pursuant to a written memorandum of understanding filed with the
department of state, any information in the possession of the state
attorney general relating to the investigation of organized crime,
gaming offenses, other revenue crimes or tax evasion. Provided however,
the attorney general may withhold any information that (a) would
identify a confidential source or disclose confidential information
relating to a criminal investigation, (b) would interfere with law
enforcement investigations or judicial proceedings, (c) reveal criminal
investigative techniques or procedures, that, if disclosed, could
endanger the life or safety of any person, or (d) constitutes records
received from other state, local or federal agencies that the attorney
general is prohibited by law, regulation or agreement from disclosing.