Current through Register Vol. 54, No. 44, November 2, 2024
The following shall apply:
(1) The Commission shall be prohibited from
issuing a license to conduct a horse race meeting at which pari-mutuel wagering
is permitted to an individual or applicant or an owner, officer, director or
manager of the applicant who has been convicted of:
(i) A felony in any jurisdiction.
(ii) A misdemeanor gambling offense in any
jurisdiction, unless 15 years has elapsed from the date of
conviction.
(iii) Fraud or
misrepresentation in any jurisdiction related to horse racing or horse
breeding, unless 15 years has elapsed from the date of conviction.
(iv) An offense under 18 Pa.C.S. Subchapter
B, §
§ 5531-5561 (relating to cruelty to animals) (as
amended).
(v) An offense related to
fixing or rigging horse races, including
18 Pa.C.S. §
4109
(relating to rigging publicly exhibited contest) or § 7102 (relating to
administering drugs to race horses), or any similar crime in another
jurisdiction, unless the conviction has been overturned on appeal under the
laws of the jurisdiction of the original finding or a pardon has been
issued.
(2) Following
expiration of any period applicable to an applicant under paragraph (1)(ii) or
(iii), in determining whether to issue a horse racing license to an applicant,
the Commission shall consider the following factors:
(i) The individual or a principal of the
applicant's position with the applicant.
(ii) The nature and seriousness of the
offense or conduct.
(iii) The
circumstances under which the offense or conduct occurred.
(iv) The age of the applicant when the
offense or conduct occurred.
(v)
Whether the offense or conduct was an isolated or a repeated
incident.
(vi) Any evidence of
rehabilitation, including good conduct in the community, counseling or
psychiatric treatment received and the recommendations of persons who have
substantial contact with the applicant.
(3) If, in the judgment of the Commission,
the applicant has demonstrated by clear and convincing evidence that the
participation of the applicant in horse racing or related activities is not:
(i) Inconsistent with the public interest or
best interests of horse racing;
(ii) Interfering with the effective
regulation of horse racing; or
(iii) Creating or enhancing the danger of
unsuitable, unfair or illegal practices, methods or activities in the conduct
of horse racing.
