N.Y. Comp. Codes R. & Regs. tit. 9 § 4119.8

Current through Register Vol. 46, No. 15, April 10, 2024

Section 4119.8 - Undesirable persons

Any person whether a licensee, participant or patron whose conduct is deemed detrimental to the best interest of harness racing or who is deemed an undesirable person may be expelled from the track. In this regard the track, on such track's own initiative, or upon request of the commission or the commission's representatives, shall take immediate steps by whatever means are reasonably required to expel such person. Acts deemed undesirable shall consist of, but not be limited by, the following:

(a) bookmaking or other illegal wagering or gambling;

(b) touting;

(c) creating or continuing a public disturbance;

(d) disorderly conduct;

(e) associating with undesirables;

(f) transmitting information to points outside the track; and

(g) failure to appear when directed to do so by any official of the commission in furtherance of an investigation or hearing and to testify under oath concerning any facts within such person's knowledge and produce any books, records, written matter or other evidence within such person's possession or control relevant to such matter.

In addition, a person who has been convicted of a crime involving moral turpitude, or who has been convicted of bookmaking or other form of illegal gambling, or who has been adjudged by any court, State commission or other governing body guilty of any fraud in connection with racing or any athletic contest, shall be deemed an undesirable person and shall be subject to expulsion as provided in this section. Nothing contained in this section shall diminish the right of any track to exclude any person as a patron or otherwise without reason, provided such exclusion is not based upon race, creed, color or national origin.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4119.8