Current through Register Vol. 41, No. 3, September 23, 2024
A.
Determination by commission. The commission may issue a limited license if it
determines on the basis of all the facts before it that:
1. Issuance of a license will not adversely
affect the horse racing industry in the Commonwealth of Virginia or the public
interest;
2. The horse racing
facility will be operated in accordance with all applicable state and federal
statutes and regulations, regulations of the commission and all local
ordinances; and
3. The issuance of
a limited license to the applicant will not adversely affect the public health,
safety and welfare.
B.
Consideration of application. The commission, in determining whether the
issuance of a limited license is in the public interest, shall consider the
following factors:
1. The integrity of the
applicant, including:
a. Criminal
record;
b. Involvement in
proceedings in which government regulation of horse racing or gambling was an
issue; and
c. Any other factors
related to integrity which the commission deems crucial to its decision making,
as long as the same factors are considered with regard to all
applicants.
2. The
quality of physical improvements and equipment in the applicant's facility,
including:
a. Detention facility;
b. Totalizator;
c. Starting, timing, photo finish, photo
patrol or video equipment; and
d.
Any other factors related to quality which the commission deems crucial to its
decision making, as long as the same factors are considered with regard to all
applicants.
3. Status of
governmental actions required for the applicant's facility, including:
a. Required governmental approvals for the
operation of the horse racing facility; and
b. Any other factors related to status of
governmental actions which the commission deems crucial to its decision making
as long as the same factors are considered with regard to all
applicants.
4. The
qualifications of the applicant's managers and any other factors related to
management ability which the commission deems crucial to its decision making as
long as the same factors are considered with regard to all
applicants.
5. Compliance with
applicable statutes, charters, ordinances or regulations.
6. Efforts to promote an orderly growth of
horse racing in Virginia and educate the public with respect to horse racing
and pari-mutuel wagering.
7.
Effects on competition, including:
a. Number,
nature and relative location of other licensees;
b. Minimum and optimum number of racing days
sought by the applicant; and
c. Any
other factors of the impact of competition which the commission deems crucial
to decision making as long as the same factors are considered with regard to
all applicants.
8. The
commission shall also consider any other information that the applicant
discloses or that is relevant and helpful to a proper determination.
C. Issuance of limited license. In
issuing a limited license to an applicant, the commission shall designate in
writing the location of the facility where the horse racing, with pari-mutuel
wagering privileges, shall take place, the total number of racing days
assigned, the dates within which the racing days are to be conducted and dark
days, the breed or breeds to be utilized, the type or types of racing to be
offered, and the hours of racing.
D. Denial of request final. The denial of a
request by the commission shall be final unless appealed by the applicant or
licensee.
E. Transfer or
acquisition of an interest in a limited license. A holder of a limited license
may apply to the commission to transfer its race meet or meetings to that of
another horse racing facility already licensed by the commission under the
provisions of
11VAC10-20-240.
