New York PML Code § 521

Approval of plans of operation; amendments
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§ 521. Approval of plans of operation; amendments. In order to\naccomplish the objectives of this article, the commission shall have the\npower, subject to the provisions of this article but without limiting\nthe generality of any provision of this chapter, to approve a plan of\noperation submitted by any regional corporation created under article\nfive of this chapter.\n  1. Before the commission may grant such approval, the commission must\nreview and approve a feasibility study submitted by such corporation,\nincluding but not limited to the following subjects:\n  a. the overall practicability of establishing and operating an\nefficient and profitable system of off-track betting in such region or\nin such counties that have elected to participate in the corporation;\n  b. the potential market;\n  c. the estimated costs of operation;\n  d. the probable types of wagering and number of opportunities required\nfor successful operation; and\n  e. the probable impact of the proposed operation upon on-track\nattendance and pari-mutuel betting within the region. The commission\nmay, within the time provided for approval, request additional\ninformation from the corporation. Disapproval of the feasibility study\nshall be accompanied by a statement of the reasons therefor and shall be\ntreated as disapproval of a plan under subdivision three of this\nsection.\n  2. The plan of operation shall include the following:\n  a. the organizational structure of the corporation including the\napproximate number and compensation of employees;\n  b. a narrative description of the system;\n  c. the types and approximate cost of data processing, communication\nand transmission facilities that will be used, including back-up\nsystems;\n  d. security measures;\n  e. the type and number of betting opportunities to be offered;\n  f. the race tracks and races for which bets will be taken;\n  g. the maximum and minimum number of retail outlets or betting offices\nto be established;\n  h. the proposed system of accounts; and\n  i. the amount and proposed sources of financing.\n  3. Within ninety days of receipt of the feasibility study and plan,\nthe commission shall issue an order approving the plan, approving it\nwith modifications or denying approval and stating its reasons therefor.\nWithin such period the commission may request additional information or\nsuggest amendments. If the commission fails to approve the plan without\nmodification, the corporation may request a public hearing to be held\nwithin thirty days of the issuance of an order approving an application\nwith modifications or denying it. The commission shall issue its final\ndetermination within ten days of such hearing. The corporation may\nsubmit an amended application no sooner than ninety days after a denial.\n  4. A plan of operation may be amended from time to time at the request\nof either the corporation or the commission. The corporation shall have\nthe right to be heard concerning any amendment to the plan proposed\nafter implementation and the commission shall dispose of such proposed\namendments as expeditiously as practicable, but no later than thirty\ndays following submission by the corporation or, in the case of\namendments proposed by the commission, objection by the corporation.\n  5. Any arrangements for telecasts or broadcasts of running races\npursuant to contracts with track operators shall constitute a part of\nthe plan of operation, or an amendment thereto, as the case may be.\n  6. The plan of operation of the New York city off-track betting\ncorporation in effect on July first, nineteen hundred seventy-three,\nshall be deemed approved by the commission, but shall thereafter be\nsubject to the general jurisdiction of the commission in the same manner\nas are the plans of other regional corporations.\n  7. a. The city of Schenectady may continue to operate off-track\npari-mutuel betting within such city, subject to the jurisdiction of the\ncommission, until the c

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