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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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