(i) has been convicted of a crime involving moral turpitude;

(ii) has engaged in bookmaking or other forms of illegal gambling;

(iii) has been found guilty of any fraud or misrepresentation in connection with racing or breeding;

(iv) 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;

(v) has violated any rule, regulation or order of the board; or b. The experience, character or general fitness of any officer, director or stockholder of any of the aforesaid associations or corporations is such that the participation of such person in harness racing or related activities would be inconsistent with the public interest, convenience or necessity or with the best interests of racing generally; but if the board determines that the interest of any stockholder referred to in this paragraph or in paragraph a of this subdivision is insufficient in the opinion of the board to affect adversely the conduct of pari-mutuel harness racing by such association or corporation in accordance with the provisions of this article, the board may disregard such interest in determining whether or not to grant a license to such association or corporation; or c. The applicant is not the owner of the track at which it will conduct pari-mutuel harness racing pursuant to the license applied for, or that any person, firm, association or corporation other than the applicant shares, or will share, in the profits of the applicant, other than by dividends as a stockholder, or participates or will participate in the management of the affairs of the applicant. 5-a. The board shall not issue a license pursuant to this section to any harness racing association or corporation which does not apply to conduct at its facilities a minimum number of pari-mutuel programs and pari-mutuel races at its facilities equal to at least seventy-five per centum of the programs and races so conducted during nineteen hundred eighty-five or during nineteen hundred eighty-six, or one hundred per centum of the programs and races so conducted during two thousand, whichever is greater; provided, however, that for a harness racing association or corporation located in Westchester and Erie counties, such minimum number of pari-mutuel programs and pari-mutuel races at its facilities shall equal at least one hundred per centum of the programs and races conducted during two thousand. If the track did not conduct races during two thousand, such minimum number of pari-mutuel programs and pari-mutuel races at its facilities shall equal at least ninety per centum of the programs and races conducted during two thousand at Buffalo raceway, in the town of Hamburg and county of Erie, unless cancellation of a race day because of an act of God, which the board approves or because of weather conditions that are unsafe or hazardous which the board approves shall not be construed as a failure to conduct a race day; provided further, the board shall not grant a license to such association or corporation upon application unless such programs and races are conducted during the same calendar year period as were conducted during the applicable period above utilized to measure the minimum number of pari-mutuel programs and pari-mutuel races, as approved by the board. Nothing in the foregoing paragraph shall affect any agreement in effect on or before the effective date of this paragraph. The board may grant a license to such association or corporation to conduct fewer such programs and races for good cause shown due to factors beyond the control of such association or corporation, and upon consent of the representative horsemen's association, as determined pursuant to section three hundred eighteen of this article. 5-b. Notwithstanding any inconsistent provision of subdivision five-a of this section and article ten of this chapter, where the board certifies by December first of the proceeding year that the number of standardbred horses eligible for competition is less than that of the base year as defined in subdivision five-a of this section, and only if the authorized horsemen's association concurs as evidenced by a written agreement between the track and the horsemen's association, a licensee pursuant to this section may submit and the board may accept a license application requesting a reduced number of race dates where it is in the best interest of racing within this state and provided that the licensee shall not be penalized or required by the board to diminish simulcasting activities or incur an increased tax liability as a result of a board sanctioned reduction in its live racing activity under this subdivision. 6. The board shall also have power to refuse to grant a license: a. To any association or corporation, the charter or certificate of incorporation of which shall fail to contain a provision requiring any stockholder, upon written demand of the association or corporation, to sell his stock to the association or corporation at a price to be fixed in the manner otherwise provided by law, provided such demand be made pursuant to written direction of the board; and from and after the date of the making of such demand, prohibiting the transfer of such certificate of stock, except to the association or corporation; or b. To any association or corporation which, having been a licensee, has failed in the opinion of the board to properly maintain its track and plant in good condition or has failed to make adequate provision for rehabilitation and capital improvements to its track and plant. 7. Pending final determination of any question under this section, the board may issue a temporary license upon such terms and conditions as it may deem necessary, desirable or proper to effectuate the provisions of sections two hundred twenty-two through seven hundred five of this chapter. 8. Notwithstanding any other provision of this article, the state racing and wagering board may, no more than once in any calendar year, grant a license to any authorized harness racing association or corporation to hold and conduct one additional harness race meeting of not more than seven days duration, with pari-mutuel betting, on any mile track within this state, to enable said authorized harness racing association or corporation to conduct a special stakes race not limited to the Hambletonian stakes and associated events. 9. The board shall have power to direct that every certificate of stock of an association or corporation licensed under the provisions of sections two hundred twenty-two through seven hundred five of this chapter shall bear a legend plainly and prominently imprinted upon the face of the certificate reading: "This certificate of stock is transferable only subject to the provisions of section three hundred three of the racing, pari-mutuel wagering and breeding law". 10. Notwithstanding the provisions of section three hundred twenty-one of this chapter, the refusal of an application for such license shall be preceded by notice and an opportunity to be heard. In the conduct of such hearing the board shall not be bound by technical rules of evidence but all evidence offered before the board shall be reduced to writing, and such evidence together with the exhibits, if any, and the findings of the board, shall be permanently preserved and shall constitute the record of the board in such case. Such hearing may be presided over by the chairman of the board or by any member or by an officer of the board designated by the chairman in writing to act as hearing officer and such person or persons may issue subpoenas for witnesses and administer oaths to witnesses. The hearing officer, at the conclusion of the hearing shall make findings which, if concurred in by two members of the board, shall become the findings of the board. The action of the board in refusing a license shall be reviewable in the supreme court in the manner provided by the provisions of article seventy-eight of the civil practice law and rules.