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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
believes that it would be prudent to obtain the fingerprints of such persons. (16) A commission
shall report annually to the governing body of its sponsoring municipality and to such state
and federal authorities as shall be required by law. (17) Except as otherwise provided in
subdivisions (10) and (12), all books, records, maps, documents, and papers of a commission,
including those filed with such commission as well as those prepared by or for it, shall at
all times be open for the personal inspection of any officer of the state, the sponsoring
municipality or the host county or any official investigative body or committee of any thereof,
and no person having charge or custody thereof shall refuse this right to any officer or investigative
body or committee, and it shall be the express duty of such person to assist such officer
or committee in locating records or information. If any member of a commission violates the
provisions of this subdivision, he or she shall be subject...
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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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11-65-20
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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11-65-1
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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11-65-16
the license; (6) If a trust or custodianship, then at least 50 percent of the corpus of such
trust or custodianship is situated in the state and the trustee or custodian of such property
has a substantial presence in the state under any of the standards set forth in this subsection
(b); or (7) If an estate, then such estate is the estate of a person described in subdivision
(b)(1), or at least 50 percent of the property of such estate consists of real estate located
in the state or tangible personal property which has been located within the state
for at least 12 consecutive months prior to the date of application for the license. (c) The
provisions of this section which permit a horse racing facility license to be granted only
if more than 50 percent of both the ownership interest and the voting interest in the licensee
is owned, directly or indirectly, by persons who have a substantial presence in the state
shall not be construed (1) to impair the foreclosure rights of any mortgagee...
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11-65-19
the license; (6) If a trust or custodianship, then at least 50 percent of the corpus of such
trust or custodianship is situated in the state and the trustee or custodian of such property
has a substantial presence in the state under any of the standards set forth in this subsection
(b); or (7) If an estate, then such estate is the estate of a person described in subdivision
(b)(1), or at least 50 percent of the property of such estate consists of real estate located
in the state or tangible personal property which has been located within the state
for at least 12 consecutive months prior to the date of application for the license. (c) The
provisions of this section which permit an operator's license to be granted only if more than
50 percent of both the ownership interest and the voting interest in the licensee is owned,
directly or indirectly, by persons who have a substantial presence in the state shall not
be construed (i) to impair the foreclosure rights of any mortgagee holding a...
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22-35-5
Section 22-35-5 Fee; withdrawals; disposition of funds; liability for clean-up costs; audit.
(a) Every owner of an underground or aboveground storage tank as defined in this chapter shall
pay an Underground and Aboveground Storage Tank Trust Fund fee as established by the provisions
of this chapter to be paid to the department. During the first year next following October
1, 1988, the amount of the annual Underground and Aboveground Storage Tank Trust Fund fee
shall be one hundred dollars ($100). Thereafter, the commission, upon recommendation of the
management board, shall set such an amount not to exceed one hundred fifty dollars ($150)
per year per regulated tank. Should the fund become depleted due to claims being greater than
amounts provided by tank fees, the commission shall be empowered to make special assessments
of tank fees to protect the financial integrity of the fund. Provided the total tank fees
and special assessments for any fiscal year do not exceed one hundred fifty...
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11-65-32
Section 11-65-32 Televised simulcast programming of racing events. (a) A commission shall have
the power to adopt rules and regulations specifying the conditions under which an operator,
as part of its licensed activity, may cause televised simulcast programming of racing events,
including both horse racing and greyhound racing, held at racetracks located outside the state
to be transmitted for public viewing to a racetrack facility within the sponsoring municipality
which is under the jurisdiction of such commission and there made the subject of pari-mutuel
wagering. Any provision of this chapter or any other law to the contrary notwithstanding,
no racing events, including both horse racing and greyhound racing, held at any location in
the state (including a location in the sponsoring municipality) shall be televised to a racing
facility subject to this chapter and made the subject of pari-mutuel wagering at such racing
facility; provided, however, that an operator may use closed...
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11-65-15
Section 11-65-15 Application for horse racing facility license. Any person desiring to obtain
a horse racing facility license through issuance thereof by a commission, or through transfer
of an outstanding license, shall file with the appropriate commission an application for such
license. Such application shall be filed at the time and place prescribed by such commission
and shall be in such form and contain such information as may be prescribed by such commission,
including the following: (1) The name and address of such person; if a corporation, the state
of its incorporation and the full name and address of each officer and director thereof; if
a foreign corporation, whether it is qualified to do business in the state; and if a partnership
or joint venture, the name and address of each general partner thereof; (2) The name, and
every address for the period of five years immediately preceding the date of such application,
of each stockholder or member of such corporation, or each...
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