§ 309. Licenses for participants and employees at harness race
meetings. 1. For the purpose of maintaining a proper control over
harness race meetings conducted pursuant to sections two hundred
twenty-two through seven hundred five of this chapter, the commission
may license drivers and such other persons participating in harness
horse race meets, as the commission may by rule prescribe, including, if
the commission deems it necessary so to do, owners, and some or all
persons exercising their occupation or employed at harness race meets,
provided, however, that no such license shall be required for seasonal
employees hired solely to work for no longer than six weeks during the
summer meet at the Syracuse mile. Each applicant for a license shall pay
to the commission 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; driver's license, twenty dollars; farrier's license,
twenty dollars; and stable employee's license, five dollars. Such fees
shall be paid to the commission and by it paid into the state treasury.
The commission may by rule fix the license fees to be paid by other
persons required to be licensed by the rules of the commission, 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 commission, 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 that 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 commission 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 commission 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 after May first, nineteen hundred fifty-four, 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 commission within ten days after such
employment. The fingerprints so obtained from applicants for licenses
and from employees not to be licensed shall be forthwith transmitted by
the commission 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 commission in writing.

2. If the commission finds that the experience, character and general
fitness of the applicant are such that the participation of such person
in harness 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, the commission
may thereupon grant a license.

Without limiting the generality of the foregoing, the commission may
refuse to issue a license, pursuant to this section, if the commission
finds that the applicant has:

a. been convicted of a crime involving moral turpitude;

b. engaged in bookmaking or other form of illegal gambling;

c. been found guilty of any fraud or misrepresentation in connection
with racing or breeding;

d. 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. violated any rule, regulation or order of the commission. The
commission may suspend or revoke a license issued pursuant to this
section if the commission determines that (i) the applicant or licensee
has (1) been convicted of a crime involving moral turpitude; (2) engaged
in bookmaking or other form of illegal gambling; (3) been found guilty
of any fraud in connection with racing or breeding; (4) 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) violated any rule, regulation or order of the
commission, or (ii) the experience, character or general fitness of any
applicant or licensee is such that the participation of such person in
harness 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
commission 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.