431.308 Issuance of licenses; general classes; prohibition; limitation pari-mutuel wagering.

593 words·~3 min read·/mi/chapter-431/431-308

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Sec. 8.

(1)The racing commissioner may issue the following general classes of licenses:

(a)Occupational licenses issued to individuals participating in, involved in, or otherwise having to do with horse racing, pari-mutuel wagering, or simulcasting at a licensed race meeting in this state.

(b)Race meeting licenses issued annually for the succeeding year to persons to conduct live horse racing, simulcasting, and pari-mutuel wagering on the results of live and simulcast horse races at a licensed race meeting in this state under this act.

(c)Track licenses issued to persons to maintain or operate a racetrack at which 1 or more race meeting licensees may conduct licensed race meetings in this state.

(d)Third-party facilitator licenses issued to persons that have contracts with race meeting licensees to facilitate wagering on live and simulcast racing. The racing commissioner shall establish the terms and conditions and the appropriate fee for a third-party facilitator license subject to all of the following:

(i)The third-party facilitator must have a joint contract with all race meeting licensees and certified horsemen's organizations in this state.

(ii)The third-party facilitator must comply with consumer protections, as determined by the racing commissioner, to protect the public.

(iii)The third-party facilitator must cooperate in any audit necessary to comply with section 23.

(iv)The racing commissioner must have received from each race meeting licensee both a letter of intent and a certification that the race meeting licensee assumes and acknowledges responsibility for all conduct of its third-party facilitator.

(v)The third-party facilitator must comply with the conditions and suitability standards under section 10(1)(e) and

(f)and rules promulgated under this act.

(vi)The license must terminate or expire when any of the following occur:

(A)On the date and at the time set by the racing commissioner in the license.

(B)When the third-party facilitator's joint contract expires or is terminated as to any race meeting licensee or certified horsemen's organization.

(C)If the license is suspended or revoked by the racing commissioner.

(2)The racing commissioner shall not issue a race meeting license to a person if the person is licensed to conduct a licensed race meeting at another licensed racetrack in this state and the person has a controlling interest in or co-ownership of the other licensed racetrack.

(3)If, after the effective date of the amendatory act that added this subsection, the racing commissioner issues a race meeting license to a person that has, after January 1, 2018, held a race meeting license but that will be conducting all or part of its race meeting under the new license at a different racetrack than under the previous licenses, the person shall not conduct pari-mutuel wagering at a licensed racetrack that is within 35 miles of another licensed racetrack at which 1 or more race meeting licensees may conduct pari-mutuel wagering.

(4)If, after the effective date of the amendatory act that added this subsection, the racing commissioner issues a race meeting license to a person that has not held a race meeting license before the effective date of the amendatory act that added this subsection, the person shall not conduct pari-mutuel wagering at a licensed racetrack that is within 50 miles of another licensed racetrack at which 1 or more race meeting licensees may conduct pari-mutuel wagering.

History: 1995, Act 279, Imd. Eff. Jan. 9, 1996 ;-- Am. 2016, Act 271 , Imd. Eff. July 1, 2016 ;-- Am. 2019, Act 153 , Imd. Eff. Dec. 20, 2019