2005 California Business and Professions Code Sections 19520-19526 Article 5.5. Other Licenses

19520.  (a) Every person not required to be licensed under Article 4
(commencing with Section 19480) who participates in, or has anything
to do with, the racing of horses, including a horse owner, jockey,
driver, apprentice, exercise rider, agent trainer, stable foreman,
groom, valet, horseshoer, stable watchman, and every employee of a
parimutuel department, shall be licensed by the board pursuant to
rules and regulations that the board may adopt, and upon the payment
of a license fee fixed and determined by the board.  Any license
issued pursuant to this article shall include a current photograph of
the licensed person.
   (b) No person required to be licensed by this article may
participate in any capacity in any horse race meeting without a valid
and unrevoked license authorizing the participation.
19521.  An original license issued pursuant to this article shall be
issued for a period of the calendar year in which it is issued, and
shall be renewable for a period, not to exceed three years, which the
board may, by regulation, establish.  The board may establish a
license fee schedule consistent with the different period for which
the licenses may be granted.  The license shall be valid at all horse
racing meetings in this state during the period for which it is
issued, unless it is suspended or revoked prior to the expiration of
the period.
19522.  The board shall also set forth requirements for the position
of satellite facility supervisor for all satellite wagering
facilities operated by the state or on public land.  The satellite
facility supervisor shall, among other things, monitor the
performance of licensees at the facilities.
19523.  The board may, at any time, require the removal of any
racing official or employee in any case where it has reason to
believe that the official or employee has been guilty of any
dishonest practice in connection with horse racing, has failed to
comply with any condition of the licensee's license, or has violated
any law or any rule or regulation of the board.
19525.  No licensee or any other person may receive a commission,
fee, gratuity, or any other form of compensation in connection with
the sale or purchase of a racehorse, prospective racehorse, stallion,
or broodmare, unless the purchaser and seller have agreed in writing
to the payment of the commission, fee, gratuity, or other
compensation.  No contract or agreement shall be enforceable by way
of an action or defense unless there is a writing sufficient to
indicate that the party against whom enforcement is sought or his or
her authorized agent or broker has agreed to the commission, fee,
gratuity, or other form of compensation.  Anyone who receives a
commission, fee, gratuity or any other form of compensation in
violation of this section is subject to treble damages to the injured
purchaser or seller.  The board may suspend or revoke the license of
any person who violates this section.  Any transfer of an interest
in a racehorse, prospective racehorse, stallion, or broodmare shall
be accompanied by a written bill of sale setting forth the purchase
price.
19526.  (a) Each trainer shall keep accurate payroll records,
showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and
week, paid to each of his or her employees.
   (b) The payroll records enumerated under subdivision (a) shall be
available for inspection at all reasonable hours at the principal
office of the trainer on the following basis:
   (1) A copy of an employee's payroll record shall be made available
for inspection or furnished to the employee or his or her authorized
representative upon request.
   (2) A copy of all payroll records enumerated in subdivision (a)
shall be made available for inspection or furnished upon request to
the board and the Division of Labor Standards Enforcement of the
Department of Industrial Relations.
   (3) On or before January 31 of each year, each trainer shall
provide copies of federal W-2 and 1099 tax forms for his or her
backstretch employees for the previous calendar year to the
administrator of the pension fund for backstretch employees.
   (c) The payroll records described in this section shall be on
forms provided by the Division of Labor Standards Enforcement or
shall contain the same information as the forms provided by the
division.
   (d) A trainer shall make the records enumerated in subdivision (a)
available to an employee or his or her authorized representative
within 10 days after receipt of a written request.
   (e) The trainer shall inform the board of the location of the
records enumerated under subdivision (a), including the street
address, city and county, and shall, within five working days,
provide a notice of a change of location and address.
   (f) In addition to any other penalty imposed by law, any trainer
who fails to provide access to the records enumerated in subdivision
(a) to the board, the employee or his or her authorized
representative, the administrator of the pension or welfare funds, or
to the Division of Labor Standards enforcement as required by law
shall be subject to suspension of his or her license.
   (g) Except for trainers covered by an operative collective
bargaining agreement pursuant to Section 19613.7, the board may
require, as a condition of issuing or renewing a trainer's license,
that the trainer submit a declaration that they have maintained true
and correct payroll records and have complied with the requirements
of the Labor Code and applicable wage orders of the Industrial
Welfare Commission.
   (h) The Labor Commissioner shall establish and maintain a program
to audit the payroll records of trainers who are not parties to a
collective bargaining agreement entered pursuant to Article 2.5
(commencing with Section 19455) and who operate in California for 90
or more racing days in a calendar year, in a manner to ensure that
every subject licensee is audited at least once prior to January 1,
2006.  Evidence of substantial noncompliance with the Labor Code and
applicable wage orders of the Industrial Welfare Commission shall be
referred by the board to the Labor Commissioner.