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11-65-1
Section 11-65-1 Legislative declarations and findings. The Legislature hereby finds
and declares as follows: (1) As the basis for enacting Act No. 84-131, the Legislature found
and determined that the conduct within Class 1 municipalities in the state of horse racing
events and pari-mutuel wagering thereon will generate additional revenues for governmental
and charitable purposes, provide additional jobs for the residents of the state and benefit
the businesses related to tourism and recreation within any such municipality and throughout
the surrounding areas of the state; it is desirable to permit the qualified voters of any
Class 1 municipality to determine through referendum whether horse racing and pari-mutuel
wagering thereon will be permitted in such municipality; and for each Class 1 municipality
in which horse racing is approved by the voters thereof, it is necessary and desirable to
provide for the establishment of a racing commission to regulate horse racing and pari-mutuel...
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11-65-36
Section 11-65-36 Application of net commission revenues. All commission horse wagering
fees, commission greyhound wagering fees, and other fees, commissions, and moneys, including
fines and forfeitures, to which a commission shall be entitled under the provisions of this
chapter shall be paid to the treasurer of such commission and shall be deposited by said treasurer
to the account of such commission. Except for the gross profits of any commission racing day
and the commission greyhound wagering fee referable to greyhound racing on such day that may
be set aside for specific public entities or charitable organizations pursuant to Section
11-65-30.1(c), all such moneys to which a commission shall be entitled that remain after (i)
the payment of all expenses incurred in the administration of this chapter, including (without
limitation thereto) the payment of the salaries and expenses of the members and employees
of such commission, and (ii) the deposit into the breeding fund of all...
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11-65-20
Section 11-65-20 Terms of operator's license. (a) An operator's license issued under
this chapter, whether for horse racing and pari-mutuel wagering thereon or for greyhound racing
and pari-mutuel wagering thereon, shall be for an initial period of 20 years, but shall be
subject to renewal as provided in this section. A commission shall have no power to
modify the terms of an operator's license, once issued, without the prior written consent
of the holder of such license. An operator's license shall be reviewed annually, but such
license shall be revocable by the commission only if the holder thereof shall not be in compliance
with the provisions of this chapter or the valid rules, regulations and orders of the commission
and such noncompliance shall have continued for 60 days after written notice shall be given
to such holder by the commission stating the circumstances of noncompliance and demanding
corrective action. (b) A commission issuing an operator's license shall state therein...
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11-65-4
Section 11-65-4 Elections required to approve incorporation of commission and conduct
of racing and pari-mutuel wagering thereon. (a) No commission shall be incorporated for a
Class 1 municipality and no horse racing or greyhound racing or pari-mutuel wagering thereon
shall be permitted in such municipality pursuant to this chapter unless the incorporation
of such commission, together with the conduct of horse racing and pari-mutuel wagering thereon
or greyhound racing and pari-mutuel wagering thereon or both such activities, shall have been
authorized by an election held in the host county in which such incorporation and such racing
and wagering activities shall have been approved by both (i) a majority of the votes cast
in such election by voters who reside in the host county (including those voters who reside
in the sponsoring municipality) and (ii) a majority of the votes cast in such election by
voters who reside in the commission municipal jurisdiction. In order to authorize the...
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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary
to license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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11-65-14
Section 11-65-14 Commission licenses required for certain activities; conditions relating
to award and use of licenses. (a) No person shall construct or establish a horse racetrack
or racing facility where horse races are to be held and pari-mutuel wagering permitted, or
own, lease, or otherwise have the use and enjoyment of, any such racetrack or racing facility
in the commission municipal jurisdiction unless such person has obtained a horse racing facility
license issued by a commission in accordance with the provisions of this chapter, which license,
when granted or transferred to the holder thereof, shall authorize such holder to construct,
establish, own, lease, or otherwise have the use and enjoyment of, a horse racetrack or racing
facility in the commission municipal jurisdiction where horse races can be lawfully held and
pari-mutuel wagering thereon permitted, all subject to and in compliance with the provisions
of this chapter. (b) No person shall conduct any pari-mutuel...
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11-65-18
Section 11-65-18 Application for operator's license. Depending upon the licensing authority
granted a commission by elections held pursuant to subsection (a) or (b) of Section
11-65-4, a commission shall be empowered to grant operator's licenses for horse racing and
pari-mutuel wagering thereon or for greyhound racing and pari-mutuel wagering thereon. Any
corporation, partnership, or other business entity desiring to obtain (i) an operator's license
to conduct horse racing and pari-mutuel wagering thereon at a racing facility located in the
commission municipal jurisdiction or (ii) an operator's license to conduct greyhound racing
and pari-mutuel wagering thereon at a racing facility located in the commission municipal
jurisdiction, either through issuance of such license by a commission or transfer of an outstanding
license, shall file with the appropriate commission an application for such license. Such
application may, but need not, be made in conjunction with an application for a...
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11-65-29
Section 11-65-29 State horse wagering fee. No license tax, fee, or equivalent charge
shall be levied by the state against horse racing or pari-mutuel wagering thereon licensed
and regulated by a commission during a period beginning with April 5, 1984, and continuing
until the fifth anniversary of the date on which racing events shall first be conducted under
the jurisdiction of such commission. Beginning with such fifth anniversary of the date on
which racing events shall first be conducted under the jurisdiction of a commission, and continuing
thereafter for so long as such commission shall continue in existence, each horse racing operator
licensed by such commission shall pay to the Department of Revenue of the state (or such other
department or agency of the state as may be provided by law) a state horse wagering fee in
an amount equal to one percent of the horse racing handle of such operator. The state horse
wagering fee shall be paid in installments referable to the calendar...
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11-65-19
Section 11-65-19 Review of application for operator's license. (a) A commission shall
promptly consider any application for the issuance or transfer of an operator's license submitted
to it and shall grant or deny the issuance or transfer of such license based on all information
before it, including the results of investigations it deems appropriate. A commission shall
deny a license to any applicant unless it finds as follows: (1) That such applicant is a business
entity, whether a corporation, partnership, or other kind of organization, possessing the
organizational substance, financial soundness, managerial capability, and business experience
with racing and pari-mutuel wagering operations, or with businesses requiring similar managerial
experience and skill, that, in the reasonable judgment of the commission, are necessary to
conduct horse racing and pari-mutuel wagering thereon or greyhound racing and pari-mutuel
wagering thereon, as the case may be, at the location for which an...
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11-65-35
Section 11-65-35 Concerning certain taxes. The state horse wagering fee, the commission
horse wagering fee, and any other fees or taxes imposed by this chapter shall constitute all
license, privilege, and excise taxes that may be imposed on horse racing and pari-mutuel wagering
thereon conducted pursuant to this chapter, and no other license or excise tax may be imposed
on such activities by the state or any county, municipality, or other political subdivision
thereof. The state dog racing privilege tax, the commission greyhound wagering fee, and any
other fees or taxes imposed by this chapter shall constitute all license, privilege, and excise
taxes that may be imposed on greyhound racing and pari-mutuel wagering thereon conducted pursuant
to this chapter, and no other license, privilege, or excise tax may be imposed on such activities
by the state or any county, municipality, or other political subdivision thereof. Nothing
in this chapter, however, shall be construed to confer any...
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