Gaming Commission Rulings Database
| Licensee: DIANE MCKAY |
| Licensed As: OWNER RENEWAL |
| Notice Number: MO 489-2010 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 12/17/2010 |
| Status: CLOSED |
| Ruling Type: Finding & Order |
| Rule(s): 4042.5,4042.1 (f) |
| Ruling Text: PLEASE TAKE NOTICE that your occupational license to participate in pari-mutuel thoroughbred racing as an OWNER is hereby SUSPENDED IMMEDIATELY pending the disposition by the Board of the scheduled hearing before the New York State Racing and Wagering Board or, if you refuse such hearing or default in appearing, SUSPENDED until such time as the Board in its discretion takes further action, including but not limited to imposition of a fine, license suspension or revocation or refusal to license. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 220(2); 9(E) NYCRR § 4042.5, subdivisions (a) and (b); 9(E) NYCRR § 4042.1, subdivision (f); and State Administrative Procedure Act § 401(3), upon a finding of the Board that the public safety and welfare imperatively require this emergency action in that your continued participation in racing is a potential cause of civil unrest and public harm and further, could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse affect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that on or about Friday, December 3, 2010, at Finger Lakes Race Track, after being directed to submit a urine sample for the purpose of human drug testing, you refused to submit and otherwise attempted to fraudulently subvert the Board’s testing procedure by submitting a urine sample that was not your own, and admitted that you had taken a prescription drug without the prescription of a licensed physician, in violation of 9(E) NYCRR § 4042.5 subdivisions (a) and (b), and 9(E) NYCRR § 4042.1 subdivisions (f), and under the present circumstances, you lack the general character and fitness for continued participation in pari-mutuel racing and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience, and necessity, and with the best interests of racing generally. FINDINGS AND ORDER, 2/28/2011, Kristin Buckley: ORDERED, that the December 17, 2010 summary suspension be and is hereby upheld, and further ORDERED that, as a result of her violations of 9(E) NYCRR §§ 4042.5 and 4042.1, Ms. McKay not be permitted to apply for or obtain a license to participate in pari-mutuel racing for a period of one (1) year from December 17, 2010; and it is further ORDERED, that Ms. McKay is denied the privileges of the grounds, whether as a patron or otherwise, of all racetracks under jurisdiction of the Board. |
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