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This entry was published on 2022-04-22
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SECTION 1321-D
License applicant eligibility
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 2-A
§ 1321-d. License applicant eligibility. 1. Gaming facility licenses
shall only be issued to applicants who are qualified under the criteria
set forth in this article, as determined by the commission.

2. Prior to official review by the board, each potential license
applicant must:

(a) demonstrate to the board's satisfaction that the applicant has
acquired public support and presented evidence of compliance and
approval with all required state and local zoning requirements as
required under subdivision three of this section and section thirteen
hundred twenty-one-k of this title; and

(b) waive all rights they or any affiliated entity possess under
section thirteen hundred eleven of this article to bring an action to
recover a fee.

(c) pursuant to section thirteen hundred twenty-one-f of this title,
an applicant shall pay to the commission an application fee of one
million dollars to defray the costs associated with the processing of
the application, commission expenses related to the community advisory
committee, and investigation of the applicant; provided, however, that
if the costs exceed the initial application fee, the applicant shall pay
the additional amount to the commission within thirty days after
notification of insufficient fees or the application shall be rejected
and further provided that should the costs not exceed the fee remitted,
any unexpended portion shall be returned to the applicant;

3. (a) For each applicant who proposes a gaming facility located in
region two of zone one, there shall be established a community advisory
committee. Each committee shall consist of six members, one to be
appointed by the governor, one to be appointed by the senator
representing the senate district where the proposed facility is to be
located, one to be appointed by the assemblymember representing the
assembly district where the proposed facility is to be located, one to
be appointed by the borough president where the facility is proposed to
be located, one to be appointed by the city councilmember representing
the district where the facility is proposed to be located, and one to be
appointed by the New York city mayor.

(b) For each applicant who proposes a gaming facility located in
regions one or three of zone one, or regions one, two or five of zone
two there shall be established a community advisory committee. Each
committee shall consist of five members, one to be appointed by the
governor, one to be appointed by the senator representing the senate
district where the proposed facility is to be located, one to be
appointed by the assemblymember representing the assembly district where
the proposed facility is to be located, one to be appointed by the
county executive of the county where the facility is proposed to be
located, and one to be appointed as follows:

(i) If the proposed facility is to be located in a city, one to be
appointed by the mayor of such city;

(ii) If the proposed facility is to be located in a town, one to be
appointed by the town supervisor of such town; or

(iii) If the proposed facility is to be located in a village, one
representative to be appointed jointly by the village mayor and the town
supervisor.

(c) The activities of the community advisory committees constituted
pursuant to this subdivision shall be subject to the open meetings
provisions contained in article seven of the public officers law.

(d) The commission may hire a consultant to serve as a community
consultant to assist and manage the community advisory committee
process. The commission or community consultant shall provide
administrative support and technical assistance for the establishment
and activities of committees constituted pursuant to this subdivision.

(e) Prior to a determination on any application by the board, the
following community advisory committee process shall apply:

(i) Upon the majority of members of the board being appointed, a
community consultant may be hired by the commission to manage the
process and any other activities as determined by the commission;

(ii) the commission shall issue a request for applications no later
than ninety days following the majority of members of the board being
appointed;

(iii) interested entities may submit an application to the board who
shall provide such application to the community consultant;

(iv) the community consultant shall notify the commission of all
applications and notify the appropriate appointing authorities of their
responsibility to submit appointments for each required community
advisory committee established pursuant to this section;

(v) the community consultant shall ensure the formation of each
committee, as necessary;

(vi) upon notification, the appointing authority shall appoint their
respective appointees;

(vii) upon a committee's first meeting the respective appointees shall
elect by majority vote a committee chair;

(viii) the community consultant shall assign applications to each
appropriate committee;

(ix) each committee shall review, solicit public comments and written
submissions of such comments, and hold public hearings;

(x) upon a two-thirds vote, each committee shall issue a finding
either establishing public support approving or disapproving the
application.

(f) Following a two-thirds vote by the applicable community advisory
committee, the following shall apply:

(i) Upon notification of a finding of support in approval of an
application following a two-thirds vote by the appropriate committee,
the community consultant shall notify the applicant, board, and
commission;

(ii) following such notification, the applicant must comply and
receive approval under the applicable state and local zoning
requirements;

(iii) the board shall not issue a decision on the application until
the applicant presents evidence of compliance and approval with all
necessary state and local zoning requirements.

4. The expiration of the seven year restricted period from the date
that an initial gaming facility license was awarded is February
twenty-eighth, two thousand twenty-three for the three initial casino
licenses and November twenty-second, two thousand twenty-three for the
final casino license awarded. Should an applicant or applicants commence
gaming activities prior to such dates, such applicant or applicants
shall be jointly and severally liable for payment of the proportionate
fee for the respective period remaining as required by section thirteen
hundred eleven of this article.