462.050 Application for race meet license; bond; payment of fees; submission of financial statements and inspection of records; return of deposit; refund of license fee

462.055 Authority to require applicant to have recommendation of local governing body; fee

462.057 License and other fees and purses; track fund

462.062 Fees and other payments by licensees of horse race meets not subject to ORS 462.057

462.065 Security for association receiving payments under ORS 462.057 or 462.062; fee charged by association receiving payments under ORS 462.140

462.067 License and other fees for race meets not subject to ORS 462.057 and 462.062

462.070 License fees for officials, track operators and other race meet participants; rules

462.072 Cash Vouchers Account; payment and expiration of vouchers; disposition of account balance; civil penalty

462.073 Unclaimed Winnings Account; payment of winning or refund tickets; disposition of proceeds; civil penalties

462.075 Grounds for refusal to issue or renew licenses; hearing

462.080 Exclusion of certain persons from race courses; hearing; penalty

462.090 Revocation, suspension and refusal to renew licenses; hearing; civil penalty

462.100 License fee and tax in lieu of all others; exception

462.110 Public liability insurance required; bond of licensee; actions on bond; insurance for jockeys and drivers

462.125 Number and classes of race meets; unused race days; conflicting race dates

462.127 Oregon Quarter Horse Racing Association and Oregon Division Horsemen’s Benevolent and Protective Association racing; exception to ORS 462.125

462.130 Oregon bred horse races

462.135 Oregon bred greyhound races

462.140 Prohibitions concerning bookmaking, betting; track take; computation, use of breaks

462.142 Account wagering

462.145 Handicapping contests

462.150 Regulation of underpayments; effect of tax

462.160 When race meet is a nuisance

462.170 Commission rules apply to county fairs; enforcement

462.185 Issuance of licenses to animal owners or trainers; conditions; revocation

462.190 Restrictions on minors; selling wagering tickets to minors or visibly intoxicated persons

462.195 Written statement of age from purchaser of mutuel wagering ticket or receipt

462.200 Tests of animals participating in race meets or persons required to be licensed; costs; rules

OREGON RACING COMMISSION

462.210 Oregon Racing Commission; appointment; confirmation

462.220 Compensation and expenses of members

462.230 Vacancies and removal

462.240 Oath of office

462.250 Organization of commission; employees of commission and appointed officials to conduct race meets; commission to fix compensation; rules and regulations

462.260 Oregon Racing Commission Account; office, records and annual report of commission

462.265 Commission subject to state budget procedures and laws governing supervision of expenditures

462.270 Duties of commission; rules

462.272 Power of commission to administer oaths, take depositions, issue subpoenas

462.273 Prohibited activities of commission, staff and family members

462.275 Commission activities concerning betterment of racing; establishment of library

462.277 Service and execution of warrants of arrest and search warrants

GENERAL REGULATIONS RESPECTING ANIMAL RACING

462.405 Board of stewards’ authority; sanctions; review of actions by commission; hearing

462.415 Animals prohibited from racing; prohibited acts; rules

462.417 Schedule of purses to have prior approval of commission

462.420 Stimulating or depressing participating animal prohibited

462.430 Prohibitions concerning influencing results of races

462.450 Regulation of possession, transportation or use of drugs at race course

462.460 Racing animal under name or designation other than registered name or designation or altering license prohibited

462.470 Aiding or abetting racing of animal under name or designation other than registered name or designation prohibited

462.510 Demand or acceptance of compensation for furnishing racing information as touting; how predictions on race outcome may be sold

462.520 Penalty for falsely using name of racing official as source of information in commission of touting

OFF-RACE COURSE MUTUEL WAGERING

462.700 Authorization; procedure

462.710 Application; contents; conditions; revocation of authority

462.720 Pooling wagered moneys; surcharge on wagering by licensee

462.725 Multi-jurisdictional simulcasting and wagering; fees; rules; distribution of moneys paid to commission

462.730 Payments by licensee to commission

462.740 Rules; compliance with federal law

PENALTIES

462.990 Penalties

LICENSING OF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND BOOKMAKING REGULATIONS

462.010 Definitions. As used in this chapter, unless the context otherwise requires:

(1) “Breaks” means the odd cents remaining after the payoff prices have been computed in accordance with ORS 462.140 (3).

(2) “Calendar year” means a 12-month year, January 1 through December 31.

(3) “Commission” means the Oregon Racing Commission.

(4) “Continuous race meet” includes any exhibition of animal racing continuously at the same race course by two or more licensees where the mutuel system is used in conjunction with any race.

(5) “Drug” means any narcotic, sedative, anesthetic, analgesic, drug or other medication of any kind or description intended for use in any manner, directly or indirectly, internally or externally, in the diagnosis, treatment, mitigation or cure of injury or disease or for use in the prevention of disease that could affect, in any manner, the racing condition or performance of an animal as a depressant, stimulant, local anesthetic, analgesic, sedative or otherwise. “Drug” includes:

(a) Substances, other than foods, intended to affect the structure or any function of the body of the animal and all substances affecting the central nervous system, respiratory system or blood pressure of any animal other than vitamins or supplemental feeds; and

(b) Any identified substance that can affect or interfere with the true and accurate testing and analysis of blood, saliva, urine or other samples taken from racing animals.

(6) “Fiscal year” means a 12-month year, as described in ORS 293.605.

(7) “Licensee” means a person, partnership, corporation, political subdivision, municipal corporation or any other body holding a license under this chapter.

(8) “Mutuel” means a system whereby wagers with respect to the outcome of a race are placed with a wagering pool in which the participants are wagering with each other and not against the operator.

(9) “Public training track” means any race course or other facility that is available or open to the public for use in the training or schooling of racing animals.

(10) “Race” means any race conducted in a race meet. “Race” includes races conducted without wagering, provided one or more races in the meet are conducted with wagering.

(11) “Race course” means all the premises used in connection with the conduct of a race meet, including but not limited to, the race track, grandstands, paddock, stables, kennels and all other buildings and grounds adjacent to or appurtenant to the physical limits of the race track.

(12) “Race meet” means any exhibition of animal racing where the mutuel system is used in conjunction with any race. [Amended by 1953 c.497 §4; 1955 c.335 §1; 1957 c.313 §1; 1969 c.356 §10; 1975 c.550 §1; 1977 c.855 §1; 1981 c.544 §1; 1987 c.913 §7; 1997 c.865 §1; 2003 c.14 §294]

462.020 License requirement; authority of commission to require fingerprints; rules. (1) A person may not hold a race meet without having first obtained and having in full force and effect a license therefor issued by the Oregon Racing Commission.

(2) A trainer, driver, jockey, apprentice jockey, horse owner, dog owner, exercise person, agent, authorized agent, jockey’s agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable guard, starter, timer, judge or other person acting as a participant or official at any race meet, including all employees of the pari-mutuel department, may not participate in race meets without having first obtained and having in full force and effect a license issued by the commission, pursuant to such rules as the commission shall make. The commission by rule may require other employees of a race meet licensee who are engaged in or performing duties at the race course to obtain a license issued by the commission prior to engaging or performing such duties. The commission by rule may also require persons, including corporations, who are not employees of a race meet licensee, but who are authorized to do business at the race course, to obtain a license issued by the commission prior to conducting such business.

(3) A person may not operate a public training track or public kennel for greyhounds participating in a race meet without having first obtained and having in full force and effect a license issued by the commission.

(4) The commission may require each applicant for a license to be photographed and shall require each applicant to be fingerprinted as part of the licensing procedure for the purpose of requesting a state or nationwide criminal records check under ORS 181.534.

(5) Each person holding a license under this chapter shall comply with all rules and orders of the commission.

(6) Notwithstanding the requirements of subsection (2) of this section, the commission, upon receipt of a written application for a license on forms provided by the commission, may in its sound discretion issue a temporary license valid for a period not to exceed 10 days pending final approval or disapproval of the written application for a license. [Amended by 1955 c.454 §1; 1957 c.313 §2; 1969 c.356 §11; 1975 c.549 §2; 1983 s.s. c.7 §1; 1999 c.59 §131; 2003 c.166 §2; 2005 c.730 §25]

462.025 Notice required to terminate use of license; hearing. No licensee who accepts an engagement or employment or undertakes activities in preparation for or in connection with a race meet shall voluntarily terminate or discontinue the engagement, employment or activities of the licensee or otherwise refuse to cooperate or participate, unless the licensee gives the Oregon Racing Commission notice in writing of the intention to do so at least 15 days prior to such termination or discontinuance. The commission may, upon notice to all interested parties, conduct one or more hearings with respect to any such termination or discontinuance. [1969 c.356 §5; 1975 c.549 §3]

462.030 Qualifications for eligibility of race meet operator. No person is eligible to operate a race meet with a license issued under this chapter unless the person is the owner or controls the possession of a properly constructed race track suitable for the class of races which are proposed to be conducted at such race track and improved with safe and suitable grandstands, equipped with reasonably sanitary accommodations, adequate stables for livestock together with adequate fire protection equipment, and such other proper improvements as in the judgment of the Oregon Racing Commission may be required, taking into consideration the location of such race track and the probable capacity requirements to accommodate the crowd and the number of people that will reasonably be expected to occupy the grandstands and attend the race meets. [Amended by 1955 c.336 §1]

462.040 Race meet licenses, classes, limitations, contents; rules. (1) Race meet licenses granted by the Oregon Racing Commission shall be limited to:

(a) Licenses for horse and mule race meets (Class A).

(b) Licenses for greyhound race meets (Class B).

(2)(a) Except as the commission otherwise may provide by rule, no licensee shall be granted licenses of both classes nor shall licenses be issued for more than one class of racing on the same race course, track or location.

(b) In adopting rules to carry out the provisions of this subsection, the commission shall consider, among other matters, the impact on existing race meet licensees in the county in which application for a license referred to in paragraph (a) of this subsection is made.

(3) The commission shall not grant any license for greyhound racing at the Oregon State Fair.

(4) The license shall specify the number of days the race meet shall continue and the number of races per day. [Amended by 1955 c.639 §1; 1957 c.313 §3; 1969 c.356 §12; 1975 c.549 §4; 1979 c.720 §1; 1989 c.210 §3; 1997 c.865 §2]

462.050 Application for race meet license; bond; payment of fees; submission of financial statements and inspection of records; return of deposit; refund of license fee. (1) Every person making application for a license to hold a race meet shall file the application with the Oregon Racing Commission. The application shall set forth the time, place and number of days the applicant desires the meet to continue, together with the applicant’s estimate of the daily average payment that the applicant will pay to the state upon the gross amount of money wagered per day and such other information as the commission may require.

(2) The commission may, in its discretion, require a performance bond in an amount not to exceed $10,000, to insure that the licensee operates a race meet on the license days granted.

(3) The application shall be accompanied by a check on a financial institution maintaining an office and licensed to do business in Oregon in an amount equal to the license fee, exclusive of required percentage payments, required for the number of days for which the license is requested. If the license is not granted, such deposit shall be returned promptly to the applicant. If the license is granted, but for fewer days than applied for, the excess of the daily deposit shall be returned promptly to the applicant.

(4) No applicant designated in ORS 462.057 is eligible for a return of the license fee unless a race meet license is not granted.

(5) When a licensee under ORS 462.062 or 462.067 is prevented from conducting a race meet for the authorized number of days, the commission, upon written request therefor, may refund to the licensee the daily license fee based upon the number of days lost for good cause shown. The commission is the sole judge of good cause.

(6) In order to assist the commission in determining whether there has been compliance with ORS 462.075 (1)(h), (2)(a) and (4):

(a) The commission may require each holder of a license under ORS 462.062 or 462.067 to submit annually to the commission audited financial statements.

(b) Each licensee under ORS 462.062 or 462.067 shall make available to the commission for examination and audit at all reasonable times, upon notice to the licensee by the commission, complete and accurate financial records of the licensee’s operations, including the financial records of any other corporation or business entity owned or controlled by the same parent corporation or individual as the licensee that provides services related to the licensee’s operations. [Amended by 1975 c.549 §5; 1981 c.544 §2; 1983 s.s. c.7 §15; 1997 c.631 §477; 1997 c.865 §3]

462.055 Authority to require applicant to have recommendation of local governing body; fee. (1) The Oregon Racing Commission may require of every applicant for a license to hold a race meet, except the Oregon State Fair and all county fairs, that has not, within five fiscal years prior to making an application for a license to hold a race meet, operated a race meet in the county or the city in which application for a license to hold a race meet is made, a recommendation in writing of the board of county commissioners of the county in the event the race meet is to be held outside of a city, and of the governing body of such city if the race meet is to be held within a city.

(2) The commission may take such recommendation into consideration before granting or refusing such license. The applicant shall pay an investigating fee not to exceed $100 to the recommending authority, if any. [1953 c.551 §3; 1969 c.356 §13; 1975 c.549 §6; 1981 c.544 §3; 1987 c.413 §2]

462.057 License and other fees and purses; track fund. (1) A race meet licensee designated in subsection (2) of this section shall make payments as follows:

(a) License fee – $25 per fiscal year payable to the Oregon Racing Commission.

(b) A percentage of gross mutuel wagering shall be paid to the commission as follows:

(A) If the race meet is for horses or mules – one percent.

(B) If the race meet is for greyhounds – 1.6 percent.

(c) If the race meet is for horses or mules and the average daily gross mutuel wagering during the preceding fiscal year exceeded $150,000, a percentage of the gross mutuel wagering shall be paid as follows:

(A) To purses – such amount, subject to prior approval by the commission, as the race meet licensee and the horse owners, or mule owners if the race is for mules, may agree upon, plus an additional 0.1 percent. The additional 0.1 percent shall not become part of the regular purse account but shall be used only to supplement purses of races consisting exclusively of Oregon bred horses or mules;

(B) To the Oregon Thoroughbred Owners and Breeders Association, Incorporated, purse supplements for owners of Oregon bred thoroughbred horses – one percent of gross mutuel wagering on thoroughbred horse races, to be apportioned among the owners in the same ratio that each owner’s purses for Oregon bred thoroughbred horses for the race meet bears to the total purses for Oregon bred thoroughbred horses for the race meet;

(C) To the Oregon Quarter Horse Racing Association, Incorporated, purse supplements for owners of Oregon bred quarter horses – one percent of gross mutuel wagering on quarter horse races, to be apportioned among the owners in the same ratio that each owner’s purses for Oregon bred quarter horses for the race meet bears to the total purses for Oregon bred quarter horses for the race meet;

(D) To each association of horse or mule owners, trainers or breeders recognized by the commission as representing the other breeds of horses or mules not designated in subparagraphs (B) and (C) of this paragraph, purse supplements for owners of other Oregon bred horses or mules, not designated in subparagraphs (B) and (C) of this paragraph, one percent of gross mutuel wagering for races of other horses or mules, to be apportioned among the owners in the same ratio that each owner’s purses for other Oregon bred horses or mules for the race meet bears to the total purses for other Oregon bred horses or mules for the race meet;

(E) Subject to prior approval of the commission, each horse or mule owners, trainers or breeders association designated in subparagraphs (B), (C) and (D) of this paragraph may use a portion of the purse supplements as operating expenses only for receipt, handling and payment of these funds; and

(F) To a special track fund to be used primarily for improving the race track facilities benefiting the horse and mule owners, trainers or breeders in the barn area – 0.2 percent. All such funds shall be retained by the licensee in a separate account from all other funds and no disbursements or transfers shall be made therefrom without prior approval of the commission. All physical improvements paid from such funds shall satisfy reasonable fire, health, quality and construction standards established or approved by the commission. Unless the commission provides otherwise, such improvements shall be made on the race course where the race meet which created the fund was held.

(d) If the race meet is for greyhounds, a percentage of the gross mutuel wagering shall be paid as follows:

(A) To a special fund to be used primarily for the development and operation of a training track and related facilities upon which to train greyhounds – 0.1 percent. All such funds shall be retained by the licensee in a separate account from all other funds and no disbursements or transfers shall be made therefrom without prior approval of the commission. All physical improvements paid from such funds shall satisfy reasonable fire, health, quality and construction standards established or approved by the commission. Unless the commission provides otherwise, such improvements shall be made on the race course of the race meet licensee; and

(B) To the Oregon Greyhound Breeders Association, Incorporated, purse supplements for owners of Oregon bred greyhounds – 0.5 percent of gross mutuel wagering, to be apportioned among the owners, in accordance with the rules of the commission and subject to approval by the commission, in the same ratio that each owner’s purses for Oregon bred greyhounds for the race meet bears to the total purses for Oregon bred greyhounds for the race meet.

(2) Licensees subject to the provisions of this section are:

(a) The Pendleton Roundup.

(b) The Eastern Oregon Livestock Fair.

(d) Any county fair.

(e) All other nonprofit, fair-type associations which conducted a licensed race meet in calendar year 1968 or 1969.

(f) The Pine Valley Fair Association. [1969 c.356 §6; 1971 c.130 §1; 1973 c.541 §1; 1975 c.550 §2; 1977 c.855 §2; 1979 c.698 §1; 1981 c.544 §4; 1983 c.740 §179a; 1989 c.210 §2; 1989 c.357 §4a; 1993 c.682 §1; 1997 c.865 §4; 2007 c.177 §3]

462.060 [Amended by 1953 c.551 §2; 1955 c.642 §1; 1963 c.519 §38; repealed by 1969 c.356 §38]

462.062 Fees and other payments by licensees of horse race meets not subject to ORS 462.057. (1) All licensees of race meets for horses, except those subject to ORS 462.057, shall make payments as follows:

(a) A license fee of $100 per racing day to the Oregon Racing Commission.

(b) One percent of gross mutuel wagering to the commission.

(c) A percentage of gross mutuel wagering to a purse account, in such amounts as the race meet licensee and the horse owners may agree upon, subject to approval by the commission. In addition to the amount paid to the regular purse account, 0.1 percent of gross mutuel wagering shall be paid into a separate account and used only to supplement purses of races consisting exclusively of Oregon bred horses. However, subject to prior approval of the commission, a portion of the percentage of gross mutuel wagering designated by this paragraph may be paid to one or more associations of horsemen for operating expenses and other benefits for horsemen.

(d) Three-quarters of one percent of gross mutuel wagering on thoroughbred horse races to the Oregon Thoroughbred Owners and Breeders Association, Incorporated, for purse supplements for owners of Oregon bred thoroughbred horses. The association shall apportion the amount among the owners in the same ratio that each owner’s purses for Oregon bred thoroughbred horses for the race meet bears to the total purses for Oregon bred thoroughbred horses for the race meet.

(e) Three-quarters of one percent of gross mutuel wagering on quarter horse races to the Oregon Quarter Horse Racing Association, Incorporated, for purse supplements for owners of Oregon bred quarter horses. The association shall apportion the amount among the owners in the same ratio that each owner’s purses for Oregon bred quarter horses for the race meet bears to the total purses for Oregon bred quarter horses for the race meet.

(f) Three-quarters of one percent of gross mutuel wagering on races for any breed of horses not designated in paragraph (d) or (e) of this subsection to each horsemen’s association recognized by the commission as representing breeds of horses not designated in paragraph (d) or (e) of this subsection, for purse supplements of owners of other Oregon bred horses. Each association shall apportion the amount among the owners in the same ratio that each owner’s purses for other Oregon bred horses for the race meet bears to the total purses for other Oregon bred horses for the race meet.

(g) Two-tenths of one percent of gross mutuel wagering to a special track fund of the type, and for the uses and purposes, and subject to the conditions set forth in ORS 462.057 (1)(c)(F).

(2) Subject to prior approval of the commission, each horsemen’s association designated in subsection (1)(d), (e) and (f) of this section may use a portion of the purse supplements for operating expenses and other benefits for horsemen. [1969 c.356 §7; 1975 c.550 §3; 1977 c.855 §3; 1979 c.698 §2; 1981 c.544 §5; 1987 c.413 §19; 1993 c.682 §2; 2003 c.14 §295; 2005 c.72 §1; 2007 c.177 §4]

462.065 Security for association receiving payments under ORS 462.057 or 462.062; fee charged by association receiving payments under ORS 462.140. (1) The Oregon Racing Commission may require any horsemen’s association, that receives payments pursuant to ORS 462.057 and 462.062, to submit a bond or an irrevocable letter of credit submitted by an insured institution as defined in ORS 706.008 in an amount not to exceed the sum of the estimated payments to be received by the association. The bond or letter of credit shall be conditioned upon the proper distribution of such payments to owners of Oregon bred horses. In addition to the requirement for a bond or letter of credit, the commission may prescribe such conditions on the receipt, handling and disbursement of the payments as the commission determines necessary to insure security of the funds.

(2) Notwithstanding any other provision of this chapter, any horsemen’s association that receives payments pursuant to ORS 462.140, prior to issuing breeder awards or stallion awards, may assess the recipient a fee for the receipt, handling and payment of those funds. The fee shall not exceed the current annual dues of the association or five percent of the award, whichever amount is less. [1979 c.698 §10; 1989 c.358 §5; 1991 c.331 §67; 1997 c.631 §478]

462.067 License and other fees for race meets not subject to ORS 462.057 and 462.062. All licensees of race meets except those subject to ORS 462.057 and 462.062 shall make payments as follows:

(1) License fee – $100 per racing day, payable to the Oregon Racing Commission.

(2) Percentage of gross mutuel wagering payable to the commission – 1.6 percent.

(3) Percentage of gross mutuel wagering on greyhound races payable to the Oregon Greyhound Breeders Association, Incorporated – 0.5 percent for purse supplements for owners of Oregon bred greyhounds, to be apportioned among the owners, in accordance with the rules of the commission and subject to approval by the commission, in the same ratio that each owner’s purses for Oregon bred greyhounds for the race meet bears to the total purses for Oregon bred greyhounds for the race meet. Subject to the prior written approval of the commission, the Oregon Greyhound Breeders Association, Incorporated, may use a portion of the funds received pursuant to this section and ORS 462.057 (1)(d)(B) to offset expenses for receipt, accounting, handling and payment of those funds.

(4) To a special fund to be used primarily for the development and operation of a training track and related facilities upon which to train greyhounds – 0.1 percent. All such funds shall be retained by the licensee in a separate account from all other funds and no disbursements or transfers shall be made therefrom without prior approval of the commission. All physical improvements paid from such funds shall satisfy reasonable fire, health, quality and construction standards established or approved by the commission. Unless the commission provides otherwise, such improvements shall be made on the race course of the race meet licensee. [1969 c.356 §8; 1975 c.550 §4; 1977 c.855 §8; 1979 c.698 §3; 1981 c.544 §6; 1987 c.413 §21; 1993 c.682 §3; 1996 c.15 §1]

462.070 License fees for officials, track operators and other race meet participants; rules. (1) The license fees for any one fiscal year shall be $10 for any person required to be licensed under ORS 462.020 (2). For a person who qualifies for and desires a license in more than one category, the fee shall be $2 for each additional category so licensed. Notwithstanding the foregoing, the total collective fee for all persons who act as employees of a race meet licensee at a race meet in which the average daily gross mutuel wagering during the preceding fiscal year did not exceed $150,000 shall be $100. The Oregon Racing Commission also may charge a reasonable fee for claiming certificates in an amount not to exceed $10.

(2) The license fee per fiscal year for operators of public training tracks or kennels required to be licensed under ORS 462.020 (3) shall be:

(a) For the Oregon State Fair or a county or district fair, $10.

(b) For all other operators of public training tracks or kennels, $25.

(3) Notwithstanding the provisions of this section, on and after July 1, 1983, the commission may by rule provide for the issuance of licenses as required under subsection (1) of this section valid for one, two or three years from date of issuance. The commission may fix the expiration date thereof and charge a fee at not less than the annual rate for each year, or part thereof, the license is determined valid. [Amended by 1953 c.497 §4; 1955 c.353 §1; 1957 c.313 §4; 1975 c.550 §5; 1977 c.855 §4; 1979 c.698 §12; 1981 c.544 §7; 1983 s.s. c.7 §4; 1987 c.413 §3]

462.072 Cash Vouchers Account; payment and expiration of vouchers; disposition of account balance; civil penalty. (1) As used in this section, “cash voucher” means a receipt showing the amount paid into a wagering system prior to placing a wager.

(2) Every licensee who conducts a race meet for horses shall carry on the books for each race meet an account to be known as the Cash Vouchers Account showing the total amount due on outstanding cash vouchers not presented for wager or payment. The licensee may not make payments from this account except to a person who presents a valid, clearly identifiable cash voucher.

(3) All cash vouchers must be used for wagering or presented for payment within 180 days after the close of the race meet at which the cash voucher was purchased. At the expiration of the 180-day period, the holder of the cash voucher does not possess any further right in the unused amount and the voucher is void.

(4) Two hundred ten days after the close of a race meet conducted by a licensee under this chapter, an amount equal to the outstanding balance of the Cash Vouchers Account shall be paid as follows:

(a) Seventy percent to the horsemen’s association having the greatest number of members entering horses in the race meets of the licensee during the 180-day period.

(b) Eighteen percent to the Oregon Thoroughbred Owners and Breeders Association, Incorporated.

(5) An association receiving a payment of moneys under subsection (4) of this section shall use the moneys only for benevolent or educational purposes of the association. A licensee shall be subject to a civil penalty of not less than $25 per day after 210 days for failure to pay moneys due to a horsemen’s association in accordance with this subsection. Civil penalties under this subsection shall be imposed as provided in ORS 183.745.

(6) Notwithstanding the provisions of subsections (3) and (4) of this section, if a continuous race meet is designated by the Oregon Racing Commission, the 180-day period referred to in subsection (3) of this section shall commence after the close of the continuous race meet at the race course.

(7) Notwithstanding the provisions of subsection (3) of this section, if the 180th day prescribed therein falls upon a Saturday, Sunday or legal holiday, the holder of the cash voucher may file the voucher with the licensee on the first business day thereafter. [2007 c.177 §2]

462.073 Unclaimed Winnings Account; payment of winning or refund tickets; disposition of proceeds; civil penalties. (1) Every licensee who conducts a race meet shall carry on the books for each race meet an account to be known as the Unclaimed Winnings Account showing the total amount due on outstanding winning mutuel wagering tickets and refund tickets not presented for payment. All funds in the Unclaimed Winnings Account shall be retained by the licensee and deposited in a separate account from all other funds in a bank maintaining an office located in and licensed to do business in Oregon. No payments shall be made by the licensee from this account except to a person who presents a valid, clearly identifiable winning or refund ticket. A statement of the balance of the Unclaimed Winnings Account shall be furnished to the Oregon Racing Commission within 72 hours after any change in the account balance during the race meet and, after the completion of the race meet, within five days following the last day of each month in which there is any change in the account balance.

(2) Any person claiming to be entitled to any part of winnings or refunds from a mutuel wagering system operated by a licensee, who fails to claim the money due prior to the completion of the race meet at which the mutuel wagering or refund ticket was purchased, may, within 90 days after the close of the meet, file with the licensee a claim, in such form as the commission shall prescribe, accompanied by the valid winning or refund ticket. If the claimant establishes the right to winnings or refunds from the mutuel wagering system, the licensee shall pay such moneys to the claimant. At the expiration of such 90-day period, the holder of such a winning or refund ticket shall possess no right to any portion of the wagering or refund and the ticket shall be deemed void.

(3) One hundred twenty days after the close of a race meet conducted by a licensee under this chapter, an amount equal to the outstanding balance of the Unclaimed Winnings Account shall be paid to the commission, which shall immediately deposit such moneys in the General Fund in the State Treasury to the credit of the Oregon Racing Commission Account. The licensee shall be subject to a civil penalty of not less than $25 per day after 120 days for failure to pay moneys due to the commission in accordance with this subsection. Civil penalties under this subsection shall be imposed as provided in ORS 183.745.

(4) Notwithstanding the provisions of subsections (2) and (3) of this section, if a continuous race meet is designated by the commission, the 90-day period referred to in subsection (2) of this section shall commence after the close of the continuous race meet at the race course.

(5) Notwithstanding the provisions of subsection (2) of this section, if the 90th day prescribed therein falls upon a Saturday, Sunday or legal holiday, then the holder shall file such claim with the licensee on the first business day thereafter.

(6) Notwithstanding the provisions of subsection (3) of this section, a race meet licensee who holds a license under ORS 462.057 shall retain that licensee’s unclaimed winnings to finance physical improvements to the licensee’s race course facility and enclosure. This subsection does not apply to the unclaimed winnings from those race meets which the licensee holds at the race course of a licensee who is the holder of a license under ORS 462.062 or 462.067. [1969 c.356 §37; 1975 c.549 §10; 1981 c.544 §8; 1983 s.s. c.7 §5; 1989 c.357 §1; 1991 c.734 §31a; 1993 c.302 §1; 1993 c.682 §7; 1997 c.865 §5; 2005 c.777 §18]

462.075 Grounds for refusal to issue or renew licenses; hearing. (1) The Oregon Racing Commission may refuse to issue to or renew the license of any applicant if it has reasonable ground to believe that the applicant:

(a) Has been suspended or ruled off a recognized course in another jurisdiction by the racing board or commission thereof.

(b) Is not of good repute and moral character.

(c) Does not have, when previously licensed, a good record of compliance with the racing or gaming laws of this state or of any other state and with the rules of the commission or of any other racing or gaming commission.

(d) If the applicant is a corporation, firm or association, is not duly authorized to conduct business within the State of Oregon.

(e) If an individual, has been convicted of a crime involving moral turpitude or of any gambling or gambling-related offense, or, if a corporation, firm or association, is in whole or in part controlled or operated directly or indirectly by a person who has been convicted of a crime involving moral turpitude or of any gambling or gambling-related offense.

(f) If an individual, is engaged in wagering by other than the mutuel method or in pool selling or bookmaking in any state of the United States or foreign country or, if a corporation, firm or association, is in whole or in part controlled or operated directly or indirectly by a person who is engaged in wagering by other than the mutuel method or in pool selling or bookmaking in any state of the United States or foreign country.

(g) Has been found guilty by the commission of a violation of this chapter or any rules of the commission.

(h) Should not, in the best interest of the safety, welfare, health, peace and morals of the people of the state, be granted a license.

(2) The commission may refuse to issue or renew a license to conduct a race meet for any ground set forth in subsection (1) of this section or if it has reasonable ground to believe any of the following to be true:

(a) That the applicant is not possessed of or has not demonstrated financial responsibility sufficient to meet adequately the requirements of the enterprise proposed to be licensed.

(b) That the applicant is not the true owner of the enterprise proposed to be licensed, that other persons have ownership in the enterprise which has not been disclosed or, if the applicant is a corporation, that any of the stock of such corporation is subject to a contract or option to purchase at any time during the period for which the license is issued.

(c) That the granting of a license in the locality set out in the application is not demanded by public interest or convenience.

(d) That the applicant, if a corporation, transferred any of its stock after an application for a license to hold a race meet was filed with the commission without prior commission approval. The provisions of this paragraph shall not apply to day-to-day transfers of stock of a publicly held corporation whose shares are publicly quoted and regularly traded in the marketplace unless the transfer, or a combination of transfers, involves a controlling interest in or affects the operational control of the corporation, or involves 10 percent or more of any class of stock of the corporation.

(e) That the applicant lacks, or if the applicant is a corporation, its officers, managerial employees, directors and principal stockholders lack, the requisite character, reputation, general business and managerial competence and ability, and experience in the business of racing so as to justify or command public confidence.

(f) That the granting of the application would adversely and unreasonably affect the economy of the State of Oregon and its people and the revenues of this state and of other beneficiaries of racing funds designated in this chapter.

(3) The commission may refuse to issue or renew a license to any person who has made a false statement of a material fact to the commission.

(4) The commission may refuse to issue or renew a license to any applicant for a race meet license if the applicant has failed to meet any monetary obligation in connection with any race meet held in this state.

(5) The commission may deny a license to any applicant for a race meet license under ORS 462.067 unless the applicant for the license and the greyhound kennel owners, or their representative association, have previously agreed upon a purse schedule.

(6) Before refusing to license any applicant for a race meet license, the commission shall afford the applicant an opportunity for hearing after reasonable notice as provided in ORS chapter 183. When the commission refuses to license an applicant on the basis of grounds provided in subsection (1)(b), (c) or (h) of this section, the commission shall specify the particular activities that constitute the grounds for refusal and shall give the applicant written notice thereof. [1955 c.641 §1; 1957 c.313 §5; 1969 c.356 §15; 1973 c.612 §20; 1979 c.330 §2; 1981 c.544 §18; 1987 c.413 §4; 1995 c.260 §1; 1997 c.865 §6]

462.080 Exclusion of certain persons from race courses; hearing; penalty. (1) The Oregon Racing Commission may exclude from any and all race courses any person whom the commission deems detrimental to the best interest of racing or any person who willfully violates any provision of this chapter or any rule or order issued by the commission or any person who has been found guilty of violating any laws of this state, another state or the United States related to gambling or wagering or which adversely reflects on the person’s honesty. The commission may take such action without first providing a hearing and without being subject to either criminal or civil liability. However, if no hearing is provided, then, within 10 days after the board’s action and upon demand by the aggrieved party, the commission shall grant a hearing as provided in ORS chapter 183, except that such hearing shall take place no later than 20 days following demand.

(2) Any person who has been convicted of or who attempts or conspires to commit touting, pool selling, bookmaking, circulating handbooks or wagering by other than the mutuel method whether within or without the state hereby is deemed to be an undesirable person detrimental to the best interest of racing.

(3) Any person who violates a rule or order of the commission or any person who fails to obey reasonable directives of the commission’s security personnel or any person having been excluded by order of the commission under subsection (1) or (2) of this section or is found engaging in or attempting to engage in touting, pool selling, bookmaking, circulating handbooks or wagering by other than the mutuel method or is disturbing the peace may be ejected from the race course.

(4) A race meet licensee may eject or exclude any person from the race course for any reason and in any manner that is not contrary to law.

(5) Any of the foregoing persons who refuses to leave a race course when ordered to do so by commission inspectors or the stewards, or by any peace officer, is guilty of a misdemeanor. [Amended by 1955 c.538 §1; 1957 c.313 §6; 1969 c.356 §16; 1973 c.612 §21; 1979 c.330 §3; 1983 s.s. c.7 §6; 1987 c.413 §5]

462.090 Revocation, suspension and refusal to renew licenses; hearing; civil penalty. (1) The Oregon Racing Commission may revoke, suspend or refuse to renew the license of any licensee upon any of the grounds upon which the commission could refuse to issue a license, as provided in ORS 462.075, or of any licensee who has been convicted by the commission of a violation of this chapter or any rule made pursuant thereto, or who fails to pay to the commission all sums required under this chapter.

(2) The commission may revoke, suspend or refuse to renew the license to hold a race meet of any licensee, if a corporation, which transfers any of its stock after a license to hold a race meet is issued and before the termination of the license period except as otherwise authorized in ORS 462.075 (2)(d).

(3) Notwithstanding any other provision of law, the commission or board of stewards or board of judges may suspend, prior to any hearing, the license of any person whose license has been duly suspended by an official body of another state or country for violation of the racing or gaming laws or regulations of that jurisdiction. However, at the time of the license suspension in Oregon, the person must be notified of the right to request an immediate hearing to contest the suspension.

(4) Revocation of a license shall operate as a forfeiture of all rights and privileges granted by the commission and of all sums of money paid to the commission by the offender.

(5) When grounds exist for the revocation or suspension of a license issued pursuant to this chapter, the commission may, in its discretion, impose a civil penalty, not in excess of $1,000, on the licensee in lieu of or in addition to revoking or suspending the license. All sums paid the commission pursuant to this subsection shall be deposited as provided in ORS 462.260.

(6) Civil penalties under this section shall be imposed as provided in ORS 183.745. [Subsection (5) enacted as 1953 c.499 §3; 1957 c.313 §7; 1969 c.356 §17; 1973 c.612 §22; 1981 c.544 §19; 1983 s.s. c.7 §7; 1987 c.413 §6; 1991 c.734 §33; 1997 c.865 §7]

462.100 License fee and tax in lieu of all others; exception. (1) The State of Oregon hereby preempts the imposition of taxes on or measured by income on, and the regulation of, race meets.

(2) Except for taxes levied under ORS 267.010 to 267.390, the license fee and tax provided in this chapter for a race meet licensed thereunder shall be in lieu of:

(a) All other licenses and privilege taxes or charges by the state or any county, city or other municipal corporation; and

(b) All other taxes on or measured by income imposed by any county, city or other municipal corporation. [Amended by 1973 c.583 §1; 1987 c.655 §1]

462.110 Public liability insurance required; bond of licensee; actions on bond; insurance for jockeys and drivers. (1) For the protection of the public, and all members thereof, the exhibitors and visitors, every race meet licensee shall carry public liability insurance written on an approved form by a company licensed to do business in Oregon and in an amount approved by the Oregon Racing Commission.

(2) Every person licensed to conduct a race meet shall provide and deliver to the commission a bond signed by a surety company authorized to do business in Oregon in such form as is required by the commission and in an amount determined by the commission. The bond shall be conditioned that the licensee will pay to the state all moneys due it under this chapter, including moneys which escheat pursuant to ORS 462.073 and any fines imposed by any court or by any state agency; to horsemen or greyhound owners, all moneys owing and all moneys required to be paid for breakage, purses and Oregon-bred purse supplements; to persons presenting valid winning tickets, the amounts owing to them; and to the special track fund or training track fund, all moneys required to be paid to those funds by statute or rule. In lieu of a surety bond the commission may accept a certificate of deposit, an irrevocable letter of credit, or equivalent which will assure that the obligations described above are paid, up to the designated amount.

(3) The Attorney General or the district attorney of the county wherein the race meet is held shall prosecute all actions on such bonds on behalf of the state.

(4) Any person having a claim against the licensee for any obligation covered by the bond or bond substitute, except cause of action covered by public liability insurance, may prosecute the same in an action in behalf of the claimant brought in the name of the state for the use and benefit and at the expense of such claimant. The court may award reasonable attorney fees to the prevailing party in an action under this subsection. If the amount of the bond or bond substitute is insufficient to cover all obligations, amounts owing to and for the benefit of the state pursuant to ORS 462.073 (3) shall have priority over any other claims. No action may be brought for recovery on the bond or bond substitute unless written notice of the claim is made to the commission and to the race meet licensee within 120 days after the last day of the race meet or continuous race meet in which the obligation arose. The notice must be by registered mail, certified mail with return receipt or personal service to the licensee or to the licensee’s registered agent. Any action for recovery on the bond or bond substitute must be brought no earlier than 60 days and no later than 180 days after service of the written notice on the race meet licensee or on the licensee’s registered agent. These limitations shall not apply to claims for valid winning tickets if the claimant has made a timely claim pursuant to ORS 462.073 (2).

(5) Every person licensed to conduct a race meet for horses shall carry insurance to protect jockeys and, if appropriate, drivers. The type, form and amount of insurance, and the carrier, must be approved by the commission. [Amended by 1957 c.313 §8; 1969 c.356 §18; 1975 c.549 §11; 1981 c.897 §53; 1983 s.s. c.7 §8; 1985 c.48 §1; 1991 c.249 §38; 1995 c.618 §73]

462.120 [Amended by 1955 c.468 §1; 1961 c.203 §1; 1969 c.93 §§1, 2; repealed by 1969 c.356 §38]

462.125 Number and classes of race meets; unused race days; conflicting race dates. (1) The Oregon Racing Commission shall determine the number and classes of race meets to be held in any fiscal year, and the total number of racing dates to be granted to a licensee subject to provisions of ORS 462.062 and 462.067. Not more than 350 days of racing, exclusive of racing days authorized to designated licensees pursuant to subsection (5) of this section, shall be held in any metropolitan area in any fiscal year. A licensee shall conduct at least 720 live races under the license during each fiscal year race meets are held under the license. The commission may reduce the number of races required under this section upon application by a horsemen’s association that negotiates with the race meet licensee.

(2) If a licensee under ORS 462.062 or 462.067 fails, for good cause, to compl

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