2014 Kentucky Revised Statutes CHAPTER 230 - HORSE RACING AND SHOWING 230.300 License to conduct race meetings or engage in simulcasting and intertrack wagering as a receiving track -- Application -- Racing dates.
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230.300 License to conduct race meetings or engage in simulcasting and
intertrack wagering as a receiving track -- Application -- Racing dates.
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Any person desiring to conduct horse racing at a horse race meeting within the
Commonwealth of Kentucky or to engage in simulcasting and intertrack
wagering as a receiving track during any calendar year shall first apply to the
racing commission for a license to do so. The application shall be filed at the
racing commission's general office on or before October 1 of the preceding
year with respect to applications to conduct live horse race meetings, and with
respect to intertrack wagering dates, and on forms prescribed by the racing
commission. The application shall include the following information:
(a) The full name and address of the person making application;
(b) The location of the place, track, or enclosure where the applicant
proposes to conduct horse racing meetings;
(c) The dates on which the applicant intends to conduct horse racing, which
shall be successive days unless authorized by the racing commission;
(d) The proposed hours of each racing day and the number of races to be
conducted;
(e) The names and addresses of all principals associated with the applicant
or licensee;
(f) The type of organizational structure under which the applicant operates,
i.e., partnership, trust, association, limited liability company, or
corporation, and the address of the principal place of business of the
organization;
(g) Any criminal activities in any jurisdiction for which any individual listed
under paragraphs (a) and (e) has been arrested or indicted and the
disposition of the charges, and any current or on-going criminal
investigation of which any of these individuals is the subject; and
(h) Any other information that the racing commission by administrative
regulation deems relevant and necessary to determine the fitness of the
applicant to receive a license, including fingerprints of any individual listed
under paragraphs (a) and (e), if necessary for proper identification of the
individual or a determination of suitability to be associated with a licensed
racing association.
An application for license shall be accompanied by the following documents:
(a) For a new license applicant, a financial statement prepared and attested
to by a certified public accountant in accordance with generally accepted
accounting principles, showing the following:
1.
The net worth of the applicant;
2.
Any debts or financial obligations owed by the applicant and the
persons to whom owed; and
3.
The proposed or current financing structure for the operation and
the sources of financing.
(b) For a license renewal applicant, an audited financial statement for the
prior year;
(c) A copy of the applicant's federal and state tax return for the previous
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year. Tax returns submitted in accordance with this provision shall be
treated as confidential;
(d) A statement from the Department of Revenue that there are no
delinquent taxes or other financial obligations owed by the applicant to the
state or any of its agencies or departments;
(e) A statement from the county treasurer of the county in which the applicant
conducts or proposes to conduct horse racing meetings that there are no
delinquent real or personal property taxes owed by the applicant.
The completed application shall be signed by the applicant or the chief
executive officer if the applicant is an organization, sworn under oath that the
information is true, accurate, and complete, and the application shall be
notarized.
If there is any change in any information submitted in the application process,
the applicant or licensee shall notify the racing commission within thirty (30)
days of the change.
The racing commission shall as soon as practicable, but in no event later than
November 1 in any calendar year, award dates for racing in the Commonwealth
during the next year. In awarding dates, the racing commission shall consider
and seek to preserve each track's usual and customary dates, as these dates
are requested. If dates other than the usual and customary dates are
requested, the applicant shall include a statement in its application setting forth
the reasons the requested dates are sought. Dates for the conduct of intertrack
wagering shall be awarded as provided in KRS 230.377. In the event
scheduled racing is canceled by reason of flood, fire, inclement weather, or
other natural disaster or emergency, the racing commission may award after
November 1 additional racing dates to make up for those dates canceled.
The racing commission may issue a license to conduct a horse race meeting to
any association making the aforesaid application if the applicant meets the
requirements established in KRS 138.530 and other applicable provisions of
this chapter, and if the racing commission finds that the proposed conduct of
racing by the association would be in the best interest of the public health,
safety, and welfare of the immediate community as well as to the
Commonwealth.
As a condition precedent to the issuance of a license, the racing commission
may require a surety bond or other surety conditioned upon the payment of all
taxes due the Commonwealth, together with the payment of operating
expenses including purses and awards to owners of horses participating in
races.
The racing commission may impose a fee and shall establish, by administrative
regulation promulgated in accordance with KRS Chapter 13A, a fee schedule
for association license applications.
The racing commission may require an applicant for an association license to
submit to a background check of the applicant, or of any principal, individual, or
organization associated with the applicant. The racing commission shall not
require a background check for any individual who is a principal as defined in
KRS 230.210 but owns stock or financial interest in the applicant of less than
ten percent (10%). An applicant shall be required to reimburse the racing
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commission for the cost of any background check conducted.
Every license issued under this chapter shall specify among other things the
name of the person to whom issued, the address and location of the track
where the horse race meeting to which it relates is to be held or conducted,
and the days and hours of the day when the meeting will be permitted;
provided, however, that no track that is granted overlapping dates for the
conduct of a live race meeting with another horse racing track within a fifty (50)
mile radius shall be permitted to have a post time after 5:30 p.m., prevailing
time for overlapping days between July 1 and September 15, unless agreed to
in writing by the tracks affected.
A license issued under this section is neither transferable nor assignable and
shall not permit the conduct of a horse race meeting at any track not specified
therein. However, if the track specified becomes unsuitable for racing because
of flood, fire, or other catastrophe, the racing commission may, upon
application, authorize the meeting, or any remaining portion thereof, to be
conducted at any other suitable track available for that purpose, provided that
the owner of the track willingly consents to the use thereof.
Horse racing dates may be awarded and licenses issued authorizing horse
racing on any day of the year. Horse racing shall be held or conducted only
between sunrise and midnight.
The racing commission may at any time require the removal of any official or
employee of any association in those instances where it has reason to believe
that the official or employee has been guilty of any dishonest practice in
connection with horse racing or has failed to comply with any condition of his
license or has violated any law or any administrative regulation of this racing
commission.
Every horse race not licensed under this section is hereby declared to be a
public nuisance and the racing commission may obtain an injunction against
the same in the Circuit Court of the county where the unlicensed race is
proposed to take place.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 455, effective July 15, 2010. -Amended 2009 Ky. Acts ch. 80, sec. 6, effective June 25, 2009. -- Amended
2005 Ky. Acts ch. 85, sec. 633, effective June 20, 2005. -- Amended 2004 Ky.
Acts ch. 191, sec. 11, effective July 13, 2004. -- Amended 1998 Ky. Acts ch.
237, sec. 5, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 109, sec. 20,
effective March 30, 1992. -- Amended 1990 Ky. Acts ch. 159, sec. 4, effective
March 30, 1990. -- Amended 1986 Ky. Acts ch. 296, sec. 4, effective July 15,
1986. -- Amended 1984 Ky. Acts ch. 240, sec. 5, effective July 13, 1984. -Amended 1978 Ky. Acts ch. 438, sec. 1, effective June 17, 1978. -- Amended
1974 Ky. Acts ch. 403, sec. 4. -- Amended 1970 Ky. Acts ch. 156, sec. 5. -Amended 1968 Ky. Acts ch. 214, sec. 1. -- Created 1960 Ky. Acts ch. 184, sec.
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