2005 Idaho Code - 54-2508 — LICENSE -- APPLICATION THEREFOR -- TYPE AND NUMBER OF RACES -- FEE PER DAY -- REFUND -- CANCELLATION -- HEARING -- SIMULCAST PURSE MONEYS FUND

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 25
                                 HORSE RACING
    54-2508.  LICENSE -- APPLICATION THEREFOR -- TYPE AND NUMBER OF RACES --
FEE PER DAY -- REFUND -- CANCELLATION -- HEARING -- SIMULCAST PURSE MONEYS
FUND. It shall be unlawful for any person to hold any race meet in this state
without having first obtained and having in force and effect a license issued
by the commission as in this chapter provided. Every person making application
for a license to hold a race meet, under the provisions of this chapter, shall
file an application with the commission which shall set forth the time, place
and number of days such will continue, an agreement with a horsemen's group as
the term "horsemen's group" is defined in section 54-2502, Idaho Code, and
such other information as the commission may require. The agreement shall be
reached voluntarily or pursuant to binding arbitration in conformance with
chapter 9, title 7, Idaho Code, and shall address, but not be limited to,
number of live race days and percentage of the live race and simulcast handle
that is dedicated to the live horse race purse structure. In addition, the
agreement shall provide that all simulcast purse moneys that are accrued as
required by the horsemen's agreement be held in the simulcast purse moneys
fund created pursuant to the provisions of this section. Race days agreed upon
shall be submitted to the Idaho racing commission for its approval.
    No person who has been convicted of any crime involving moral turpitude
shall be issued a license of any kind, nor shall any license be issued to any
person who has violated the terms or provisions of this chapter, or any of the
rules of the commission, or who has failed to pay any of the fees, taxes or
moneys required under the provisions of this chapter.
    All applications to hold race meets shall be submitted to the commission
which shall act upon such applications within thirty (30) days. The commission
shall be the sole judge of whether or not the race meet shall be licensed and
the number of days the meet shall continue.
    The license issued shall specify the kind and character of the race meets
to be held, the number of days the race meet shall continue and the number of
races per day. For those licensees or facilities that have had a total race
handle from both live races and simulcast races exceeding five million dollars
($5,000,000) during the last calendar year in operation, the number of races
per day shall not be less than eight (8) and the number of days of racing
shall not be less than forty-six (46).  For those licensees or facilities that
have had a total race handle from both live races and simulcast races of five
million dollars ($5,000,000) or less during  the last calendar year in
operation, the number of races per day shall not be less than six (6) and the
number of days of racing shall not be less than two (2). The licensee shall
pay in advance of the scheduled race meet to the state treasurer a fee of not
less than twenty-five dollars ($25.00) for each day of racing, which fees
shall be placed in the public school income fund of the state of Idaho.
Provided, that if unforeseen obstacles arise, which prevent the holding, or
completion of any race meet, the license fee held may be refunded the
licensee, if the commission deems the reason for failure to hold or complete
the race meet sufficient. Any unexpired license held by any person who
violates any of the provisions of this chapter, pursuant thereto, or who fails
to pay to the commission any and all sums required under the provisions of
this chapter, shall be subject to cancellation and revocation by the
commission. Such cancellation shall be made only after a summary hearing
before the commission, of which three (3) days' notice in writing shall be
given the licensee, specifying the grounds for the proposed cancellation, and
at which hearing the licensee shall be given an opportunity to be heard in
opposition to the proposed cancellation.
    The simulcast purse moneys fund is hereby created in the state treasury.
Moneys in the fund shall consist of all simulcast purse moneys that are
accrued as required by horsemen's agreements. Moneys in the fund are hereby
perpetually appropriated to the Idaho state racing commission for distribution
pursuant to the provisions of horsemen's agreements and rules of the
commission. The commission is authorized to promulgate rules providing for the
receipt, deposit, withdrawal and distribution of such moneys. The state
treasurer shall invest idle moneys in the fund and any interest received on
those investments shall be returned to the fund.