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11-65-3
Section 11-65-3 Class 1 municipality authorized to create racing commission; status of commission;
powers and duties generally; disposition of fees; jurisdiction of State Ethics Commission.
A commission is authorized to be created in accordance with the provisions of this chapter
for each Class 1 municipality, as Class 1 municipality is defined in Section 11-40-12 or any
successor provision of law. Any commission created for any sponsoring municipality pursuant
to the provisions of this chapter shall be named "The ______ (the name of the sponsoring
municipality shall be inserted in the blank) Racing Commission" and shall be a public
corporation having a legal existence separate and apart from the state and any county, municipality,
or political subdivision thereof. A commission shall be vested with the powers and duties
specified in this chapter and all other powers necessary and proper to enable it to execute
fully and effectively the purposes of this chapter. Anything contained in...
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11-65-2
Section 11-65-2 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, unless the context clearly indicates
otherwise, have the following respective meanings: (1) ALABAMA-BRED. When this term is used
with reference to a horse, it means a horse which is registered in the registry designated
and administered by a commission in accordance with such rules concerning domicile and registration
requirements as may be established by such commission and which is either (i) foaled from
a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or
(ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time
after the expiration of such 10-year period. (2) ALABAMA STALLION. A stallion which is standing
in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered
with a commission, and which is owned or leased by a resident of...
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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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11-65-7
Section 11-65-7 General provisions respecting members of commission. No member shall vote on
or participate in the discussion or consideration of any matter coming before a commission
in which he, his immediate family, or any business enterprise with which he is associated
has any direct or indirect pecuniary interest; provided, however, that when any such matter
is brought before a commission, any member having an interest therein which may be in conflict
with his obligations as a member shall immediately make a complete disclosure to such commission
of any direct or indirect pecuniary interest he may have in such matter prior to removing
himself and withdrawing from the commission's deliberations and vote on the matter presented.
In furtherance, and not in limitation of the foregoing provision, no member or employee of
a commission, and no spouse, child, parent, brother, or sister of any such member or employee,
(1) shall have any financial interest, direct or indirect, in any racing...
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11-65-22
Section 11-65-22 Acquisition of interest in horse racing facility licensee or operator. (a)
A disqualified person may not acquire or hold an interest in a horse racing facility licensee
or an operator. A commission may require that a disqualified person dispose of its interest
in a horse racing facility licensee or an operator within a reasonable period of time provided
that (i) the commission shall determine at a hearing that the owner of such interest is a
disqualified person and (ii) the person who is alleged to be a disqualified person shall receive
notice of and an opportunity to be heard at such hearing. Any person aggrieved by an action
of a commission pursuant to this section may appeal to the circuit court of the host county
pursuant to Section 11-65-12. (b) Any person desiring to acquire stock in, a partnership or
other ownership interest in, or to become an owner or member of, any entity which holds a
horse racing facility license or an operator's license hereunder who,...
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11-65-5
Section 11-65-5 Composition of commission; terms; qualifications; removal from office. (a)
Every commission shall have five members, which shall constitute its governing body. All powers
of a commission shall be exercised by its members or pursuant to their authorization. The
mayor or other chief executive officer of the sponsoring municipality and the president or
other designated presiding officer of the county commission of the host county shall each
serve as a member ex officio, unless such official exercises his or her right, as provided
in subsection (b), to appoint a fixed-term member to serve in lieu of such official. The service
of each such official as a member shall begin with the beginning of his or her tenure in such
office and shall end with the ending of such tenure or the appointment by such official of
a fixed-term member to serve in lieu of his or her ex officio service. The other three members
shall be appointed in the manner hereinafter prescribed as soon as may be...
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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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11-65-1
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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