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This entry was published on 2014-09-22
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SECTION 1313
Form of application
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 2
§ 1313. Form of application. 1. The commission and the board shall
prescribe the initial form of the application for gaming licenses which
shall require, but not be limited to:

(a) the name of the applicant;

(b) the mailing address and, if a corporation, the name of the state
under the laws of which it is incorporated, the location of its
principal place of business and the names and addresses of its directors
and such stockholders as to be determined by the commission;

(c) the identity of each person having a direct or indirect interest
in the business and the nature of such interest; provided, however, that
if the disclosed entity is a trust, the application shall disclose the
names and addresses of all beneficiaries; provided further, that if the
disclosed entity is a partnership, the application shall disclose the
names and addresses of all partners, both general and limited; and
provided further, that if the disclosed entity is a limited liability
company, the application shall disclose the names and addresses of all
members;

(d) an independent audit report of all financial activities and
interests including, but not limited to, the disclosure of all
contributions, donations, loans or any other financial transactions to
or from a gaming entity or operator in the past five years;

(e) clear and convincing evidence of financial stability including,
but not limited to, bank references, business and personal income and
disbursement schedules, tax returns and other reports filed by
government agencies and business and personal accounting check records
and ledgers;

(f) information and documentation to demonstrate that the applicant
has sufficient business ability and experience to create the likelihood
of establishing and maintaining a successful gaming facility;

(g) a full description of the proposed internal controls and security
systems for the proposed gaming facility and any related facilities;

(h) the designs for the proposed gaming facility, including the names
and addresses of the architects, engineers and designers, and a timeline
of construction that includes detailed stages of construction for the
gaming facility and non-gaming structures, where applicable, and a
proposed date to open for gaming;

(i) the number of construction hours estimated to complete the work;

(j) a description of the ancillary entertainment services and
amenities to be provided at the proposed gaming facility;

(k) the number of employees to be employed at the proposed gaming
facility, including detailed information on the pay rate and benefits
for employees;

(l) completed studies and reports as required by the commission, which
shall include, but not be limited to, an examination of the proposed
gaming facility's:

(1) economic benefits to the region and the state;

(2) local and regional social, environmental, traffic and
infrastructure impacts;

(3) impact on the local and regional economy, including the impact on
cultural institutions and on small businesses in the host municipality
and nearby municipalities;

(4) cost to the host municipality, nearby municipalities and the state
for the proposed gaming facility to be located at the proposed location;
and

(5) the estimated state tax revenue to be generated by the gaming
facility;

(m) the names of proposed vendors of gaming equipment;

(n) the location of the proposed gaming facility, which shall include
the address, maps, book and page numbers from the appropriate registry
of deeds, assessed value of the land at the time of application and
ownership interests over the past twenty years, including all interests,
options, agreements in property and demographic, geographic and
environmental information and any other information requested by the
commission;

(o) the type and number of games to be conducted at the proposed
gaming facility and the specific location of the games in the proposed
gaming facility;

(p) the number of hotels and rooms, restaurants and other amenities
located at the proposed gaming facility and how they measure in quality
to other area hotels and amenities;

(q) whether the applicant's proposed gaming facility is part of a
regional or local economic plan; and

(r) whether the applicant purchased or intends to purchase
publicly-owned land for the proposed gaming facility.

2. Applications for licenses shall be public records; provided
however, that trade secrets, competitively-sensitive or other
proprietary information provided in the course of an application for a
gaming license under this article, the disclosure of which would place
the applicant at a competitive disadvantage, may be withheld from
disclosure pursuant to paragraph (d) of subdivision two of section
eighty-seven of the public officers law.