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§3A-205.2.
§3A-205.2.
A. Applications for organization licenses must be filed with the
Commission at a time and place prescribed by the rules and regulations
of the Commission. Beginning with organization license applications
for the 1994 calendar year, the Commission shall develop and use
separate application forms for applicants requesting an organization
license to conduct horse racing with the pari-mutuel system of
wagering and applicants requesting an organization license to conduct
horse racing without the pari-mutuel system of wagering. For use for
the 1993 calendar year organization licenses, an applicant requesting
to conduct horse racing without the pari-mutuel system of wagering
shall make application with the Commission on American Quarter Horse
Association application forms. Applications for an organization
license to conduct horse racing without the pari-mutuel system of
wagering for the 1993 calendar year shall be filed with the Commission
on or before the 1st day of August, 1992. Each applicant requesting an
organization license to conduct horse racing with the pari-mutuel
system of wagering shall include with each application a nonrefundable
license fee equal to the sum of Five Thousand Dollars ($5,000.00) for
each race meeting and Two Hundred Dollars ($200.00) for each racing
day requested. Provided, the fee for Five Thousand Dollars ($5,000.00)
shall be waived for applicants applying pursuant to the provisions of
Section 208.2 of this title. Each applicant requesting an organization
license to conduct horse racing without the pari-mutuel system of
wagering or to conduct accredited work or training races shall include
with each application a nonrefundable license fee of Five Hundred
Dollars ($500.00) for each race meeting. Such fee shall be in the form
of a certified check or bank draft payable to the order of the
Commission. Within thirty (30) days after the date specified for
filing, the Commission shall examine the applications for compliance
with the provisions of the Oklahoma Horse Racing Act and such rules
and regulations as may be promulgated by the Commission. If any
application does not comply with the provisions of the Oklahoma Horse
Racing Act or the rules and regulations promulgated by the Commission,
the application may be rejected or the Commission may direct the
applicant to comply with the provisions of the Oklahoma Horse Racing
Act or the rules and regulations of the Commission within a reasonable
time as determined by the Commission. Upon proof by the applicant of
compliance, the Commission may reconsider the application. If it is
found to be in compliance with the provisions of the Oklahoma Horse
Racing Act and the rules and regulations of the Commission, the
Commission may then issue an organization license to the applicant.
B. The Commission may exercise discretion in the issuing of
organization licenses to qualified applicants. The Commission may also
determine and grant racing dates different from those requested by the
applicants in their applications.
C. The Commission may determine and grant the number of racing days to
be allotted to each applicant. When granting organization licenses and
allocating dates for race meetings which will, in the judgment of the
Commission, be conducive to the best interests of the public and the
sport of horse racing, the Commission shall give consideration to:
1. the character, reputation, experience, and financial integrity of
each applicant and of any other person that:
a. directly or indirectly controls such applicant, or
b. is directly or indirectly controlled by such applicant or by a
person who directly or indirectly controls such applicant; and
2. the facilities and accommodations of the applicant for the conduct
of race meetings; and
3. the location of the race meeting of the applicant in relation to
the principal centers of population of this state; and
4. the highest prospective total revenue to be derived by the state
from the conduct of the race meeting.
D. Prior to the issuance of an organization license to conduct
pari-mutuel race meetings, the applicant shall file with the
Commission a bond payable to the State of Oklahoma in an amount
determined by the Commission which is not less than Two Hundred
Thousand Dollars ($200,000.00) and not more than the total financial
liability of the organization licensee throughout the race meeting for
which the organization license is requested, executed by the applicant
and a surety company or companies authorized to do business in this
state, and conditioned upon the payment by the organization licensee
of all taxes and other monies due and payable pursuant to the
provisions of the Oklahoma Horse Racing Act and all purses due and
payable, and upon the fact that, upon presentation of winning tickets,
the organization licensee will distribute all sums due to the patrons
of pari-mutuel pools. The financial liabilities incurred by the
organization licensee in the form of real estate mortgages shall not
be included in the determination of the bond amount.
E. The Commission shall notify each applicant of the racing dates
allotted to such applicant. The notice shall be in writing and sent by
registered mail to the applicant at the address stated in the
Application. The notice shall be mailed within two (2) business days
of the date the allotment is made. After the mailing of such notice of
allotment, each applicant shall file with the Commission within ten
(10) days an acceptance of such allotment on a form prescribed and
furnished by the Commission.
F. Each organization license shall specify the name of the person to
whom it is issued, the dates upon which horse racing is permitted, and
the location, place, track, or enclosure where the race meeting is to
be held.
G. All employees of an organization licensee shall be citizens of the
United States, and not less than ninety percent (90%) of such
employees shall be residents of this state for not less than eighteen
(18) months immediately preceding such employment.
H. All horse racing conducted pursuant to the provisions of an
organization license is subject to the provisions of the Oklahoma
Horse Racing Act and of the rules, regulations and directives
promulgated by the Commission, and every organization license issued
by the Commission shall contain a statement to that effect.
I. Any organization licensee may provide, with prior approval by the
Commission, that at least one horse race a day may be devoted to the
racing of a type of horse which is different from the type of horse
being raced in the other races conducted by the organization licensee
on that day. When scheduled races are trial heats for futurities or
stakes races electronically timed from the starting gates, no
organization licensee shall move the starting gates or allow the
starting gates to be moved until all trial heats are complete, except
in an emergency as determined by the stewards.
J. Organization licenses may be revoked if the organization licensee
or any person owning an interest in the organization licensee:
1. violates any provision of the Oklahoma Horse Racing Act; or
2. violates any provision of the rules and regulations promulgated
pursuant to the provisions of the Oklahoma Horse Racing Act; or
3. has been convicted of a felony; or
4. has been convicted of violating any law regarding gambling or
controlled dangerous substances of the United States, this state, or
any other state; or
5. has failed to disclose or has stated falsely any information
contained in the application; or
6. has concealed in whole or in part the true ownership of the
organization licensee.
Any organization license revocation proceeding shall be conducted
pursuant to the provisions of Sections 301 through 326 of Title 75 of
the Oklahoma Statutes.
K. The fees received by the Commission pursuant to the provisions of
this section shall be deposited to the credit of the General Revenue
Fund of the State Treasury.
L. The provisions of the Oklahoma Horse Racing Act and rules
promulgated by the Commission shall apply to an organization licensee
during the entire calendar year in which the license was issued.
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