§ 409. Licenses for participants and employees at quarter horse race
meetings. 1. For the purpose of maintaining a proper control over
quarter horse race meetings conducted pursuant to sections two hundred
twenty-two through seven hundred five of this chapter, the commission
may license jockeys or riders and such other persons participating in
quarter horse race meets, as the commission may by rule prescribe,
including, if the commission deems it necessary to do so, owners, and
some or all persons exercising their occupation or employed at quarter
horse race meets. 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; jockey's license, fifty dollars; jockey agent'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 by such association or corporation licensed to
conduct pari-mutuel quarter horse racing, including officers and
directors thereof, whether or not such person be licensed, shall file
fingerprints and a photograph with the commission within thirty days
after being so employed or taking such office. Every person employed
after January first, nineteen hundred seventy-one, 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 or after taking
such office. 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 quarter 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 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
(1) has been convicted of a crime involving moral turpitude; (2) has
engaged in bookmaking or other form of illegal gambling; (3) has been
found guilty of any fraud in connection with racing or breeding; (4) has
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) has 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 quarter horse 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 the commission may deem necessary, desirable or proper to effectuate
the provisions of sections two hundred twenty-two through seven hundred
five of this chapter.