N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 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:
1. (a) the name of the applicant;
2. (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;
3. (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;
4. (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;
5. (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;
6. (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;
7. (g) a full description of the proposed internal controls and security systems for the proposed gaming facility and any related facilities;
8. (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;
9. (i) the number of construction hours estimated to complete the work;
10. (j) a description of the ancillary entertainment services and amenities to be provided at the proposed gaming facility;
11. (k) the number of employees to be employed at the proposed gaming facility, including detailed information on the pay rate and benefits for employees;
12. (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. (1) economic benefits to the region and the state;
  2. (2) local and regional social, environmental, traffic and infrastructure impacts;
  3. (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. (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. (5) the estimated state tax revenue to be generated by the gaming facility;
13. (m) the names of proposed vendors of gaming equipment;
14. (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;
15. (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;
16. (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;
17. (q) whether the applicant's proposed gaming facility is part of a regional or local economic plan; and
18. (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.