Current through Register Vol. 54, No. 44, November 2, 2024
(a) The Commission may deny an application
for a license or revoke, suspend or refuse to renew the license of any
applicant or licensed racing entity, if the Commission finds by a preponderance
of the evidence that:
(1) The applicant or
licensed racing entity, or any of its owners, officers, director, managers,
employees or agents:
(i) Has not complied
with the conditions, rules, regulations and provisions of this chapter and that
it would be in the public interest, convenience or necessity to deny, revoke,
suspend or not renew the license.
(ii) Has been convicted of a violation or
attempt to violate a horse racing law, rule or regulation of a horse racing
jurisdiction.
(iii) Has furnished
the Commission with false or misleading information relating to the application
or license renewal.
(iv) Has failed
to provide all requested documentation relating to an application or license
renewal, change of ownership or transfer of license.
(v) Has been convicted of a crime involving
moral turpitude.
(vi) Has been
convicted of a misdemeanor gambling offense in any jurisdiction.
(vii) Has been convicted in any jurisdiction
of fraud or misrepresentation related to horse racing or horse
breeding.
(viii) Has engaged in or
continues to engage in unlicensed or unlawful pari-mutuel wagering activities
in or outside of this Commonwealth which violates the laws of the Commonwealth
or the rules of racing.
(2) The applicant or licensed racing entity
does not have the use of a racetrack or racetrack enclosure in accordance with
the provisions of 4 Pa.C.S. Part II (relating to gaming).
(3) The licensed racing entity has commingled
horsemen's organization funds in violation of section 9345(c) (relating to
commingling) or has refused to place on deposit a letter of credit under
section 9346 of the act (relating to standardbred horse racing purse
money).
(4) The Commission
determines that the licensed racing entity has failed to properly maintain its
racetrack and racetrack enclosure in good condition under this chapter or to
provide adequate capital improvements to the racetrack and racetrack enclosure
as required under this chapter and
4
Pa.C.S. §
1404 (relating to
distributions from licensee's revenue receipts).
(5) The applicant or licensed racing entity,
its owners, officers, directors, mangers, employees or agents have been
convicted in any jurisdiction of 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.
(6) The experience,
character or general fitness of an officer, director, principle or employee of
the applicant is that the participation of that person in Standardbred or
Thoroughbred horse racing and the related activities would be inconsistent with
the public interest, convenience or necessity or with the best interest of
racing generally.
(b) If
a revocation or failure to renew a license under this chapter occurs, the
licensee's authorization to conduct previously approved activity shall
immediately cease, subject to the licensee's hearing rights as set forth in the
Commission's regulations. In the case of a suspension, the licensee's
authorization to conduct previously approved activity shall immediately cease
until the Commission has notified the licensee that the suspension is no longer
in effect. After request for a hearing by a licensee, the Commission may grant
a supersedeas, pending the final determination of the suspension.
(c) A horse race meeting license shall be
renewed every 3 years upon application and, shall not be transferred except as
provided for under section 9357 of the act (relating to transfers of licenses).
Renewals of horse race meeting licenses shall not be granted
automatically.