2007 Oregon Code - Chapter 462 :: Chapter 462 - Racing
Chapter 462 —
Racing
2007 EDITION
RACING
PUBLIC HEALTH AND SAFETY
LICENSING OF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND
BOOKMAKING REGULATIONS
462.010Â Â Â Â Definitions
462.020Â Â Â Â License
requirement; authority of commission to require fingerprints; rules
462.025Â Â Â Â Notice
required to terminate use of license; hearing
462.030Â Â Â Â Qualifications
for eligibility of race meet operator
462.040Â Â Â Â Race
meet licenses, classes, limitations, contents; rules
462.050Â Â Â Â Application
for race meet license; bond; payment of fees; submission of financial
statements and inspection of records; return of deposit; refund of license fee
462.055Â Â Â Â Authority
to require applicant to have recommendation of local governing body; fee
462.057Â Â Â Â License
and other fees and purses; track fund
462.062Â Â Â Â Fees
and other payments by licensees of horse race meets not subject to ORS 462.057
462.065Â Â Â Â Security
for association receiving payments under ORS 462.057 or 462.062; fee charged by
association receiving payments under ORS 462.140
462.067Â Â Â Â License
and other fees for race meets not subject to ORS 462.057 and 462.062
462.070Â Â Â Â License
fees for officials, track operators and other race meet participants; rules
462.072Â Â Â Â Cash
Vouchers Account; payment and expiration of vouchers; disposition of account
balance; civil penalty
462.073Â Â Â Â Unclaimed
Winnings Account; payment of winning or refund tickets; disposition of
proceeds; civil penalties
462.075Â Â Â Â Grounds
for refusal to issue or renew licenses; hearing
462.080Â Â Â Â Exclusion
of certain persons from race courses; hearing; penalty
462.090Â Â Â Â Revocation,
suspension and refusal to renew licenses; hearing; civil penalty
462.100Â Â Â Â License
fee and tax in lieu of all others; exception
462.110Â Â Â Â Public
liability insurance required; bond of licensee; actions on bond; insurance for
jockeys and drivers
462.125Â Â Â Â Number
and classes of race meets; unused race days; conflicting race dates
462.127Â Â Â Â Oregon
Quarter Horse Racing Association and Oregon Division HorsemenÂ’s Benevolent and
Protective Association racing; exception to ORS 462.125
462.130Â Â Â Â
462.135Â Â Â Â
462.140Â Â Â Â Prohibitions
concerning bookmaking, betting; track take; computation, use of breaks
462.142Â Â Â Â Account
wagering
462.145Â Â Â Â Handicapping
contests
462.150Â Â Â Â Regulation
of underpayments; effect of tax
462.160Â Â Â Â When
race meet is a nuisance
462.170Â Â Â Â Commission
rules apply to county fairs; enforcement
462.185Â Â Â Â Issuance
of licenses to animal owners or trainers; conditions; revocation
462.190Â Â Â Â Restrictions
on minors; selling wagering tickets to minors or visibly intoxicated persons
462.195Â Â Â Â Written
statement of age from purchaser of mutuel wagering ticket or receipt
462.200Â Â Â Â Tests
of animals participating in race meets or persons required to be licensed;
costs; rules
462.210Â Â Â Â Oregon
Racing Commission; appointment; confirmation
462.220Â Â Â Â Compensation
and expenses of members
462.230Â Â Â Â Vacancies
and removal
462.240Â Â Â Â Oath
of office
462.250Â Â Â Â Organization
of commission; employees of commission and appointed officials to conduct race
meets; commission to fix compensation; rules and regulations
462.260Â Â Â Â Oregon
Racing Commission Account; office, records and annual report of commission
462.265Â Â Â Â Commission
subject to state budget procedures and laws governing supervision of
expenditures
462.270Â Â Â Â Duties
of commission; rules
462.272Â Â Â Â Power
of commission to administer oaths, take depositions, issue subpoenas
462.273Â Â Â Â Prohibited
activities of commission, staff and family members
462.275Â Â Â Â Commission
activities concerning betterment of racing; establishment of library
462.277Â Â Â Â Service
and execution of warrants of arrest and search warrants
GENERAL REGULATIONS RESPECTING ANIMAL RACING
462.405Â Â Â Â Board
of stewardsÂ’ authority; sanctions; review of actions by commission; hearing
462.415Â Â Â Â Animals
prohibited from racing; prohibited acts; rules
462.417Â Â Â Â Schedule
of purses to have prior approval of commission
462.420Â Â Â Â Stimulating
or depressing participating animal prohibited
462.430Â Â Â Â Prohibitions
concerning influencing results of races
462.450Â Â Â Â Regulation
of possession, transportation or use of drugs at race course
462.460Â Â Â Â Racing
animal under name or designation other than registered name or designation or
altering license prohibited
462.470Â Â Â Â Aiding
or abetting racing of animal under name or designation other than registered
name or designation prohibited
462.510Â Â Â Â Demand
or acceptance of compensation for furnishing racing information as touting; how
predictions on race outcome may be sold
462.520Â Â Â Â Penalty
for falsely using name of racing official as source of information in
commission of touting
OFF-RACE COURSE MUTUEL WAGERING
462.700Â Â Â Â Authorization;
procedure
462.710Â Â Â Â Application;
contents; conditions; revocation of authority
462.720Â Â Â Â Pooling
wagered moneys; surcharge on wagering by licensee
462.725Â Â Â Â Multi-jurisdictional
simulcasting and wagering; fees; rules; distribution of moneys paid to
commission
462.730Â Â Â Â Payments
by licensee to commission
462.740Â Â Â Â Rules;
compliance with federal law
PENALTIES
462.990Â Â Â Â 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,
jockeyÂ’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 applicantÂ’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
     (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 licenseeÂ’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
     (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
ownerÂ’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 ownerÂ’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 ownerÂ’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 ownerÂ’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
     (c) The Pacific International Livestock
Exposition.
     (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
     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
     (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
     (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 ownerÂ’s purses for
     (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 horsemenÂ’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 ownerÂ’s purses for other
     (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 horsemenÂ’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 horsemenÂ’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
     (2) Notwithstanding any other provision of
this chapter, any horsemenÂ’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 ownerÂ’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
     (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.
     (c) Twelve percent to the Oregon Quarter Horse
Racing 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 horsemenÂ’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
     (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 licenseeÂ’s unclaimed winnings to finance physical
improvements to the licenseeÂ’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
     (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
     (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 personÂ’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
boardÂ’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 commissionÂ’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
     (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
     (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
     (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
     (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 licenseeÂ’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 licenseeÂ’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 horsemenÂ’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 complete all of the allocated days in a
licensed race meet or if the commission does not receive and approve license
applications for all of the days allocated to either class of racing, the
commission may add the unused or unallocated days no later than June 30 of the
following fiscal year, to the racing days allocated to and available to the
licensee or, in the discretion of the commission, to any other licensee of
either class of racing in the metropolitan area. Additional race days allocated
under this subsection are exempt from the limit of 350 days of racing in a
fiscal year imposed by subsection (1) of this section. The additional racing
days granted by the commission to any eligible licensee may not exceed the
total of the unused or unallocated racing days in any one fiscal year.
     (3) If an emergency occurs on the day of
racing, and a night racing program runs past the hour of midnight, such time
after midnight is not considered an additional racing day.
     (4) As used in subsections (1) and (2) of
this section, “metropolitan area” means:
     (a) Multnomah, Clackamas and
     (b)
     (c) Linn and
     (d) A county other than those designated
in paragraphs (a), (b) and (c) of this subsection.
     (5) Each licensee designated in ORS
462.057 may be granted up to 12 days of horse, mule or greyhound racing to be
held within the county in which the licensee holds its fair or show or at a
race course owned by a governmental agency or a nonprofit corporation in an
adjoining county. If a licensee does not use all of the licenseeÂ’s allocated
race days during the fiscal year, the commission, in the commissionÂ’s
discretion, may allow that licensee to use the leftover days in the next fiscal
year. If a licensee referred to in this subsection wishes to make application
to the commission to schedule racing days that conflict with racing days
previously scheduled by another such licensee, at least 30 days prior to the
date of a meeting of the commission, the governing bodies of the applicant and
the previous licensee shall meet at a time and place prescribed by the previous
licensee to discuss the applicantÂ’s proposed racing day schedule. The conclusion
of the parties regarding the proposals for conflicting racing days and the
matters upon which the parties agree or disagree shall be reduced to writing
signed by the parties and submitted to the commission not later than 14 days
prior to a meeting of the commission. The commission may approve or disapprove
proposals for conflicting racing days upon such terms and conditions as the
commission considers appropriate.
     (6) The commission may not grant a license
for any race meet within a county for dates that conflict with racing dates
granted to the county fair of such county.
     (7) The commission may not grant a
licensee that is subject to ORS 462.062 a license for a race meet for a date
that conflicts with a race meet date granted to a licensee that is subject to
ORS 462.057, unless the commission has the consent of the licensee that is
subject to ORS 462.057. This subsection applies only if the licensee that is
subject to ORS 462.057 held a race meet during the 2002 calendar year on a date
substantially similar to the date that is the subject of the conflict. A
licensee that is subject to ORS 462.057 may not unreasonably withhold consent
under this subsection. [1969 c.356 §9; 1973 c.541 §2; 1975 c.105 §1; 1975 c.550
§6; 1979 c.330 §4; 1979 c.698 §13a; 1981 c.544 §9; 1983 s.s. c.7 §9; 1985 c.675
§8; 1987 c.413 §7; 1989 c.210 §1; 1993 c.682 §5; 2003 c.783 §1; 2005 c.72 §2;
2005 c.777 §19]
     462.127
     (1) The Oregon Quarter Horse Racing
Association, Incorporated, and the Oregon Division HorsemenÂ’s Benevolent and
Protective Association, may each be granted up to 15 days of racing per fiscal
year at locations approved by the Oregon Racing Commission. Such racing must be
sponsored by the Oregon Quarter Horse Racing Association, Incorporated, or the
Oregon Division HorsemenÂ’s Benevolent and Protective Association, and the net
licensee income shall be used only for the payment of purses to horsemen
participating at the meeting. The commission shall schedule the racing for the
Oregon Quarter Horse Racing Association, Incorporated, and the Oregon Division
HorsemenÂ’s Benevolent and Protective Association, in such a manner as to avoid
conflict with other race meets previously licensed under ORS 462.057. The
Oregon Quarter Horse Racing Association, Incorporated, and the Oregon Division
HorsemenÂ’s Benevolent and Protective Association, shall make payments as
specified in ORS 462.057 (1).
     (2) Racing days granted pursuant to this
section may not be included in the number of racing days counted for purposes
of the 350-day limitation established in ORS 462.125. [1979 c.698 §9; 1981 c.544
§10; 1985 c.54 §1; 2003 c.14 §296; 2003 c.783 §2; 2007 c.177 §5]
     462.130
     462.135
     462.140
Prohibitions concerning bookmaking, betting; track take; computation, use of
breaks. (1) A person may not
conduct or commit, attempt or conspire to conduct or commit pool selling,
bookmaking, or circulate handbooks, or bet or wager on any licensed race meet,
other than by the mutuel method. All moneys wagered in
     (2) A race meet licensee may not take more
than 22 percent of the gross receipts of any mutuel wagering system subject to
approval by the commission.
     (3) A race meet licensee shall compute
breaks in the mutuel system at 10 cents for each dollar wagered in a specific
mutuel pool except, when the breaks in the mutuel system compute to less than
10 cents total for each dollar wagered, the race meet licensee shall compute
the breaks on that specific mutuel pool at five cents. When the breaks in the
mutuel system compute at 10 cents or more for each dollar wagered, the race
meet licensee shall pay in increments of 10 cents for each dollar wagered. When
the breaks in the mutuel system compute to less than 10 cents for each dollar
wagered, the race meet licensee shall pay five cents for each dollar wagered.
For horses, 45 percent of the breaks shall be retained by the licensee. For
greyhounds, 33-1/3 percent shall be retained by the licensee. The other 55
percent for horses and 66-2/3 percent for greyhounds shall be paid as follows:
     (a) For thoroughbred horse races, to the
Oregon Thoroughbred Owners and Breeders Association, Incorporated, to be used
by that association subject to prior approval of the commission, in such
amounts and for such of the following purposes as the association deems
desirable:
     (A) For breeders awards;
     (B) For stallion awards;
     (C) For education of the members of the
association and other horsemen regarding the breeding and racing of
thoroughbred horses; or
     (D) For the promotion and development of
thoroughbred horse breeding and racing in
     (b) For quarter horse races, to the Oregon
Quarter Horse Racing Association, Incorporated, to be used by that association
subject to prior approval of the commission, in such amounts and for such of
the following purposes as the association deems desirable:
     (A) For breeders awards;
     (B) For stallion awards;
     (C) For education of the members of the
association and other horsemen regarding the breeding and racing of quarter
horses; or
     (D) For the promotion and development of
quarter horse breeding and racing in
     (c) For races for any other horses not
designated in paragraphs (a) and (b) of this subsection, to each association of
horsemen recognized by the commission as representing the other breeds of
horses, to be used by that association subject to prior approval of the
commission, in such amounts and for such of the following purposes as each
recognized association deems desirable:
     (A) For breeders awards;
     (B) For stallion awards;
     (C) For education of the members of the association
and other horsemen regarding the breeding and racing of horses; or
     (D) For the promotion and development of
horse breeding and racing in
     (d) By a licensee of a race meet for
greyhounds:
     (A) One-half thereof to augment purses
subject to reasonable regulations prescribed by the commission.
     (B) The other one-half thereof for benefit
and improvement of the breeding, ownership, training and racing of greyhounds
in Oregon, subject to reasonable regulations prescribed by the commission.
Included, but not by way of limitation, would be payment of purses for maiden
graduation or special schooling races without wagering, and construction and
operation of one or more appropriate public training facilities within the
state. All such funds shall be retained by the licensee in an account separate
from all other funds, and no disbursements or transfers shall be made therefrom
without prior approval of the commission. [Amended by 1955 c.456 §1; 1957 c.313
§9; 1965 c.627 §1; 1969 c.356 §19; 1975 c.550 §7; 1977 c.855 §5; 1979 c.698 §4;
1981 c.544 §12; 1985 c.675 §7; 1987 c.413 §20; 1993 c.682 §6; 1997 c.865 §8;
2005 c.777 §20; 2007 c.177 §6]
     462.142
Account wagering. (1) In
addition to mutuel wagering otherwise authorized by this chapter, account
wagering may be conducted upon such conditions as the Oregon Racing Commission
determines appropriate. The commission may authorize only a race meet licensee
who is the holder of a license issued under ORS 462.057, 462.062 or 462.067 to
conduct account wagering.
     (2) As used in this section, “account
wagering” means a form of mutuel wagering in which an individual may deposit
money in an account with a race meet licensee and then use the account balance
to pay for mutuel wagering conducted by the licensee. An account wager may be
made in person, by direct telephone call or by communication through other
electronic media by the holder of the account to the race course. [1997 c.865 §15]
     462.145
Handicapping contests.
Notwithstanding ORS 167.108 to 167.164, a race meet licensee, with the prior
approval of the Oregon Racing Commission, may conduct handicapping contests for
race meet patrons. Such contests may include, but are not limited to,
competitions for prizes for the highest percentage of correct selection of the
order of finish of animals from among predetermined races that are live races
conducted at the licenseeÂ’s race course or simulcast races offered by the
licensee, or any combination thereof. Prizes offered for handicapping contests
are not part of the pari-mutuel wagering system. [1993 c.682 §12]
     462.150
Regulation of underpayments; effect of tax. (1) If during any race meet conducted under this chapter, there is an
underpayment of the amount actually due to any wagerer, the amount of such
underpayment shall revert and belong to the state and be paid to the Oregon
Racing Commission and become a part of its fund and shall not be retained by
the licensee under whose license such race is held.
     (2) However, if any government or
governmental agency imposes a levy on the licensee, by a tax on the money so
wagered and upon or against its receipts, the licensee may collect in addition
to the percentage and the breaks allowed under ORS 462.140, the amount of the
tax so levied. [Amended by 1969 c.356 §20; 2007 c.71 §145]
     462.160
When race meet is a nuisance.
Every race meet held in this state contrary to this chapter is declared to be a
public nuisance and may be summarily abated. [Amended by 1969 c.356 §21]
     462.170
Commission rules apply to county fairs; enforcement. The rules of the Oregon Racing Commission
shall apply to all race meets held by county fair associations and shall be
enforced by the officers of each association as to race meets held on its
grounds. [Amended by 1955 c.468 §2; 1957 c.313 §10; 1969 c.356 §22]
     462.180 [Repealed by 1969 c.356 §38]
     462.185
Issuance of licenses to animal owners or trainers; conditions; revocation. (1) The Oregon Racing Commission may require
as a condition for the issuance of a license to an animal owner or trainer that
the owner or trainer establish to the satisfaction of the commission that the
owner or trainer:
     (a) Is contributing to the State
Industrial Accident Fund and is complying with the provisions of ORS chapter
656 with respect to the occupation as an animal owner or trainer; or
     (b) Has purchased and has in force a
policy of insurance affording the employees of the owner or trainer in the
occupation as an animal owner or trainer substantially the same protection and
benefits as are available under ORS chapter 656.
     (2) If the commission requires
contribution to the State Industrial Accident Fund or insurance, as provided in
subsection (1) of this section, failure of the licensee to continue
contribution or to keep such insurance in force is ground for revocation of the
license of the licensee. [1957 c.313 §16; 1977 c.855 §6]
     462.190
Restrictions on minors; selling wagering tickets to minors or visibly
intoxicated persons. (1) No
person under 18 years of age shall enter upon a race course at any time where races
are being conducted in which wagering is permitted, except:
     (a) When accompanied by a person 18 years
of age or older who is the personÂ’s parent, guardian or spouse; or
     (b) When persons 14 years of age or older
are in the performance of a duty incident to employment.
     (2) Notwithstanding subsection (1) of this
section, no person under 12 years of age shall after 6 p.m. enter upon a race
course where races are being conducted in which wagering is permitted, except
this section shall not apply to any annual state or county fair or fair-type
exposition on the same premises where a race meet is being conducted by the
same licensee.
     (3) No person under 18 years of age shall,
except when in the performance of a duty incident to employment, loiter in the
wagering area of a race course. The Oregon Racing Commission shall designate
and require the marking of the wagering area at each race course.
     (4) No licensee conducting a race meet
shall sell a mutuel wagering ticket or receipt to a person under 18 years of
age or to a person who is visibly intoxicated.
     (5) No person shall purchase a mutuel
wagering ticket or receipt for or on behalf of a person under 18 years of age. [1957
c.313 §17; 1973 c.827 §45; 1979 c.698 §5; 1983 s.s. c.7 §11; 1997 c.865 §9]
     462.195
Written statement of age from purchaser of mutuel wagering ticket or receipt. (1) A licensee conducting a race meet,
before selling a mutuel wagering ticket or receipt to any person about whom
there is any reasonable doubt of the person having reached the age of 18 years,
shall require such person to make a written statement of age and furnish
evidence of the true age and identity of the person. The written statement of
age shall be on a form furnished by the Oregon Racing Commission, substantially
as follows:
______________________________________________________________________________
Date _____
I am 18 years of
age or over.
_______________
Signature
Evidence in support
of age and identity:
DriverÂ’s
License                       No._____                 (_____)
                                                                                  State
Military
Record                        No._____
Liquor Permit                           No._____
Other                                              _____
(Fill in license or
card number of any one or
more of above)
______________________________________________________________________________
     (2) A licensee who, in good faith and with
reasonable cause to believe in its truth, accepts a written statement of age,
as provided in subsection (1) of this section, may rely on the truth of the
statement as conclusive evidence of the age of the person by whom it is signed.
     (3) No person shall make a statement of
age, as provided in subsections (1) and (2) of this section, that is false in
whole or in part, or produce any evidence that would falsely indicate his or
her age. [1957 c.313 §§18,19; 1973 c.827 §46]
     462.200
Tests of animals participating in race meets or persons required to be
licensed; costs; rules. (1)
The Oregon Racing Commission by rule may require that chemical analysis be made
of the urine, saliva, blood or other body substances of animals participating
in race meets or persons required to obtain a license pursuant to this chapter.
The cost of such a test shall be paid by the commission.
     (2) The costs of photo patrol of races
which the commission may require to assist the stewards in resolving disputes
or claims or as being in the public interest, including the cost of the photo
finish, shall be an expense of the commission. [1957 c.313 §20; 1969 c.356 §23;
1979 c.698 §6; 1987 c.413 §8]
     462.210
     (2) Upon the expiration of the term of any
member the Governor shall appoint a successor for a term of four calendar years
and until the successor is appointed and qualified.
     (3) All appointments of members of the
commission by the Governor are subject to confirmation by the Senate pursuant
to section 4, Article III, Oregon Constitution. [Amended by 1973 c.792 §16;
1981 c.544 §13]
     462.220
Compensation and expenses of members. The members of the Oregon Racing Commission are entitled to
compensation and expenses as provided in ORS 292.495. [Amended by 1969 c.314 §49]
     462.230
Vacancies and removal. (1)
Vacancies in the office of commissioner shall be filled by appointment to be
made by the Governor for the unexpired term.
     (2) Any commissioner may be removed by the
Governor for cause after a public hearing. Notice of the hearing shall fix the
time and place for the hearing and shall specify the charges. Copy of the
notice shall be served on the commissioner by mailing it to the commissioner at
the last-known address of the commissioner at least 10 days before the date
fixed for the hearing.
     462.240
Oath of office. Each member
of the Oregon Racing Commission shall take and subscribe to an oath of office
of the same form as that prescribed by law for the elective state offices. [Amended
by 1969 c.356 §24; 1987 c.413 §17; 1997 c.865 §10]
     462.250
Organization of commission; employees of commission and appointed officials to
conduct race meets; commission to fix compensation; rules and regulations. (1) The Oregon Racing Commission shall
organize by electing one of its members chairperson and one vice chairperson.
     (2) The commission shall appoint an executive
director, who may be a member of the commission or an employee of the
commission in another capacity, a chief state steward and such other employees
as are necessary in the performance of the commissionÂ’s duties. The commission
shall fix, within the limits provided by law, and pay the compensation of the
executive director and shall fix and pay the compensation of the chief state
steward and other employees of the commission.
     (3) The commission shall appoint for each
race meet stewards, deputy stewards, stewardsÂ’ reporters, auditors, judges,
inspectors, security personnel, chemists, veterinarians, plate inspectors and
such other officials as are necessary for the proper conduct of the race meet.
The duties of such officials shall be fixed by the commission and their
compensation shall be paid by the commission or the race meet licensee, as the
commission may prescribe by regulation. The compensation of officials paid by
the commission shall be reasonable and shall be fixed by the commission. In fixing
such compensation, the commission shall take into account the compensation
customarily paid like officials at race meets of a similar type and size. The
officials appointed by the commission under this subsection shall not be
subject to the State Personnel Relations Law.
     (4) The commission may combine in a single
person the duties of one or more employees or officials, as efficiency and
economy may require.
     (5) The commission shall appoint a board
of stewards for each race meet.
     (a) The board shall consist of the chief
state steward, ex officio, and not more than four other persons. For any race
meet, the commission may appoint a deputy state steward to act in behalf or as
assistant to the chief state steward. The compensation of the chief state steward
and deputy state stewards shall be paid by the commission; the compensation of
the other stewards shall be paid by the race meet licensee.
     (b) The chief state steward, or in the
absence of the chief state steward the deputy state steward, shall preside over
the board of stewards. The board of stewards shall, under the supervision and
direction of the commission, enforce the provisions of this chapter, the rules
and regulations of the commission and the customs of the course at the race
meet for which it is appointed, and in such enforcement may exercise such power
and authority of the commission as the commission may by regulation prescribe.
     (6) The commission shall prescribe rules
and regulations not inconsistent with the provisions of this chapter. [Amended
by 1955 c.640 §1; 1957 c.313 §11; 1969 c.356 §25; 1987 c.413 §16]
     462.260
     (2) The commission may maintain an office
and shall keep detailed records of all meetings and of all business transacted,
and of all the collections and disbursements, reports of which shall be
embodied in an annual report which the commission shall prepare, publish and
submit to the Governor and members of the legislature on or before January 31
of each calendar year. This report shall cover the activities of the commission
for the preceding fiscal year.
     (3) After payment of all current expenses
of the commission, the amount remaining in the account shall be credited to the
General Fund for general governmental expenses. [Amended by 1961 c.488 §2; 1975
c.549 §14; 1981 c.544 §14; 1993 c.682 §4]
     462.265
Commission subject to state budget procedures and laws governing supervision of
expenditures. (1) The Oregon
Racing Commission is subject to the provisions of ORS 291.201 to 291.222,
including but not limited to the provisions of those sections relating to
changes and revisions by the Governor in budget estimates and requests.
     (2) The commission and its officers and
employees are subject to the provisions of ORS 291.232 to 291.260 and 291.990. [1959
c.284 §§1, 2; 1969 c.356 §35]
     462.270
Duties of commission; rules.
(1) The Oregon Racing Commission shall license, regulate and supervise all race
meets held in this state and cause the various places where race meets are to
be held to be visited and inspected at least once each fiscal year.
     (2) The commission shall be the sole judge
of whether or not a race meet shall be licensed. The application for a race
meet license shall specify the duration of each race meet, the number of race
days the race meet shall continue and the number of races per day. The
commission, in its sole discretion, is authorized either to accept or reject
any application for a race meet license, and the decision of the commission is
a final order which can be contested only on the basis that the commission
abused its discretionary authority.
     (3) The commission shall prepare and
promulgate a complete set of rules to govern the race meets in every phase of
operation consistent with the provisions of this chapter, public safety,
health, welfare and any other matter pertaining to the good conduct of racing
and shall make rules to govern public training tracks consistent with this
chapter and with public health, safety, welfare, humane practices, and any
other matter pertaining to the good conduct of racing. The commission shall
also prepare and promulgate rules for the conduct of hearings held and shall
establish the procedure to be followed in accordance with the Administrative
Procedures Act then in effect.
     (4) The commission shall announce the
place, the number of race days and dates and duration of each race meet for
which license fees shall be exacted. [Amended by 1953 c.497 §4; 1955 c.455 §1;
1981 c.544 §20]
     462.272
Power of commission to administer oaths, take depositions, issue subpoenas. (1) In administering the provisions of this
chapter, any member of the Oregon Racing Commission, or an agent authorized by
the commission, has power on behalf of the commission to:
     (a) Issue subpoenas for the attendance of
witnesses and the production of books, records and documents relating to
matters before the commission.
     (b) Administer oaths.
     (c) Take or cause to be taken depositions
within or without this state, as provided by law.
     (2) The commission, upon request of any
person interested in a matter before the commission, may issue subpoenas for
the attendance of witnesses or the production of books, records or documents on
behalf of such person.
     (3) The commission’s subpoenas may be
served by any person appointed by the commission. They shall be served, and
witness fees and mileage shall be paid, as provided in ORS 44.415 (2).
     (4) If a person refuses to attend to give
testimony or to produce books, records or documents, pursuant to a subpoena
issued by the commission, the circuit court of the county where attendance is
required, upon application of the commission, shall compel obedience to the
subpoena and shall punish refusal to obey or to testify in the same manner as
is punished a refusal to obey a subpoena or to testify pursuant to a subpoena
issued from the circuit court. [1957 c.313 §13; 1987 c.413 §9; 1989 c.980 §14a]
     462.273
Prohibited activities of commission, staff and family members. No member, employee or appointee of the
Oregon Racing Commission, or the immediate family member of such a person, may:
     (1) Own or have any other financial
interest in any animal participating in any race meet in
     (2) Own or have any other financial
interest in any race meet, public training track or race course in
     (3) Bet or wager, in any manner, on any
race meet held under the license and supervision of the commission if such
individual acts in an official capacity in connection with that race meet. [1961
c.632 §2; 1969 c.356 §36; 1979 c.330 §5; 1987 c.413 §10]
     462.275
Commission activities concerning betterment of racing; establishment of
library. The Oregon Racing
Commission may:
     (1) Cooperate with the racing commissions
or boards of other jurisdictions and with racing organizations in enforcing
laws regulating racing, in exchanging information relating to racing, in
studying and detecting drugs and in carrying out programs for the betterment of
racing.
     (2) Establish a library of materials
relating to racing, and for that purpose accept gifts of books, periodicals and
library equipment. [1957 c.313 §15]
     462.277
Service and execution of warrants of arrest and search warrants. Enforcement agents, designated as such by
the Oregon Racing Commission, shall have the authority to serve and execute
warrants of arrest and search warrants in the manner provided by law. [1957
c.313 §14; 1987 c.413 §11]
     462.280 [Amended by 1955 c.20 §1; 1955 c.642 §2;
1959 c.279 §1; 1961 c.488 §3; 1963 c.495 §1; 1967 c.275 §3; 1969 c.298 §1; 1971
c.688 §1; 1975 c.550 §9; 1977 c.281 §4; 1977 c.855 §7; 1979 c.698 §7; 1981
c.544 §15; 1983 s.s. c.7 §12; 1987 c.413 §12; repealed by 1993 c.682 §13]
     462.290 [Amended by 1963 c.495 §2; 1969 c.298 §16;
1971 c.688 §4; 1975 c.550 §10; 1977 c.281 §6; 1977 c.855 §17; 1987 c.413 §13;
repealed by 1993 c.682 §13]
     462.295 [1963 c.495 §4; 1965 c.513 §1; 1967 c.275 §1;
1969 c.298 §17; 1971 c.688 §5; 1975 c.550 §11; 1977 c.281 §7; 1977 c.855 §17a;
1981 c.41 §2; 1987 c.413 §14; repealed by 1993 c.682 §13]
     462.300 [1955 c.328 §§1,2,3; 1957 c.475 §1; 1963
c.495 §3; 1969 c.298 §18; 1971 c.688 §6; 1975 c.536 §1; 1975 c.550 §12; 1977
c.281 §8; 1977 c.774 §25; 1977 c.855 §18; 1983 s.s. c.7 §13; 1987 c.413 §15;
repealed by 1993 c.682 §13]
GENERAL REGULATIONS
RESPECTING ANIMAL RACING
     462.405
Board of stewardsÂ’ authority; sanctions; review of actions by commission;
hearing. (1) The board of
stewards appointed by the Oregon Racing Commission for a race meet may, after
an inquiry and hearing, impose appropriate sanctions for failure to comply with
the laws and rules of racing and with the authorized commission or board
directives applicable to said race meet, subject to the following limitations:
     (a) No fine shall exceed $500 per offense.
     (b) No license suspension shall be for a
period longer than 365 calendar days from the date of issuance of the order of
the board of stewards.
     (2) Any sanction imposed by the board of
stewards shall take effect on the date so indicated in the boardÂ’s ruling
unless the effective date is stayed for good cause shown by specific order of
the executive director of the commission, or a member of the commission,
pending commission review.
     (3) In lieu of the board of stewards
conducting any inquiry and hearing provided for by subsection (1) of this
section, the board of stewards may request the commission to appoint and
designate a person to conduct such inquiry and hearing who shall be known as a
hearings master. The hearings master shall have the same authority and power as
the board of stewards in conducting the inquiry and hearing. Any person
adversely affected by any hearings master ruling has the right to appeal to the
commission as provided for in subsection (4) of this section. The hearings
master need not be an administrative law judge assigned from the Office of
Administrative Hearings established under ORS 183.605.
     (4) The board of stewards may refer any
matter before it to the commission for appropriate review or action either
before or after a board hearing or ruling. A person adversely affected by any
board ruling has the right to appeal to the commission for a review and hearing
as provided in ORS chapter 183. Such review shall be perfected by filing a
written notice of appeal with the executive director within 10 days after the
board ruling is issued. Hearings conducted by the commission under this
subsection shall be heard by an administrative law judge assigned from the
Office of Administrative Hearings established under ORS 183.605. The
commission is not limited in its actions or in the sanctions it may impose by
any ruling of the board or by any limitation imposed upon the board by
commission rule or regulation or by subsection (2) of this section. [1969 c.356
§3; 1973 c.612 §23; 1977 c.855 §11; 1981 c.544 §16; 1987 c.413 §18; 1989 c.357 §2;
1997 c.865 §11; 1999 c.849 §§87,88; 2003 c.75 §37]
     462.410 [1953 c.498 §1; repealed by 1969 c.356 §38]
     462.415
Animals prohibited from racing; prohibited acts; rules. (1) An animal may not participate in any
race if:
     (a) Less than 24 hours before post time
the animal has been administered any drug that is prohibited by the Oregon
Racing Commission.
     (b) The animal possesses in its system, on
race day, either prior to or at the time of the race any drug detected by any
of the testing methods approved by the commission or customarily employed in
the testing of urine, saliva, blood or other samples from racing animals.
     (c) The animal’s performance was
stimulated, depressed or otherwise affected in any manner by use prior to or
during the race of any electrical, mechanical or other device not sanctioned by
the commission.
     (d) The animal fails to satisfy all of the
conditions of the race prescribed by the racing secretary.
     (2) A person may not enter or allow to be
entered in any race any animal if the person knows, or by exercise of
reasonable diligence should have known, that its participation is prohibited
under subsection (1) of this section.
     (3) A trainer, upon entering an animal and
allowing it to participate in a race, represents that the animal is in a fit
condition and that its participation is not prohibited under subsection (1) of
this section. The trainer is responsible for and the absolute insurer of the
condition of the animal regardless of the acts of third parties.
     (4) An animal that participates in
violation of subsection (1) of this section shall be disqualified and the order
of finish revised. If the animal is disqualified, its owner may not share or
participate in any purse, earnings, trophies or other emoluments of the race.
Any revision in the order of finish after a race has been declared “official”
by the stewards does not affect the mutuel payoff to the public.
     (5) Notwithstanding this section or any
other section in this chapter, the commission may, by rule, adopt a medication
program subject to commission control and supervision that it finds to be in
the best interest of racing. Notification to the public that an animal is
currently using a drug shall be left to the discretion of the commission.
     (6) Testing of samples from racing animals
may be performed only at laboratory facilities certified by the commission as
having the capability to provide timely, accurate test results.
     (7) Notwithstanding any other provision of
this chapter, the commission, by rule, may adopt tolerances for medication, or
residues thereof, that may be detected through tests approved under subsection
(6) of this section. [1969 c.356 §4; 1975 c.550 §8; 1977 c.855 §12; 1989 c.357 §3;
1991 c.472 §1; 2007 c.431 §1]
     462.417
Schedule of purses to have prior approval of commission. The schedule of purses to be paid during a
race meet, including the number of animals sharing in the purse of a race,
shall be fair and reasonable. The purse schedule must be submitted to and
approved by the Oregon Racing Commission prior to commencement of the race
meet. [1969 c.356 §2]
     462.420
Stimulating or depressing participating animal prohibited. No person shall stimulate or depress any
animal involved in any race or otherwise affect in any way the animalÂ’s ability
to perform therein, either prior to or during a race, by the administration of
drugs or by the use of any electrical device or equipment or by any mechanical
or other device not sanctioned by the Oregon Racing Commission. [1953 c.498 §3;
1969 c.356 §30]
     462.430
Prohibitions concerning influencing results of races. (1) No person shall influence or conspire or
attempt to influence or conspire with any other person to affect the result of
any race in which an animal participates by stimulating or depressing any
animal involved in such race or otherwise affecting in any way the animalÂ’s
ability to perform therein, either prior to or during a race, through the
administration of any drug to such animal, or by the use of any electrical
device or equipment or by any mechanical or other device not sanctioned by the
Oregon Racing Commission.
     (2) Possession, within the confines of a
race course, of any electrical device or equipment or of any mechanical or
other device not sanctioned by the commission, either prior to, during or after
a race, by a person associating with a racing animal, shall be deemed as
attempting to affect the result of any race.
     (3) No person shall possess, transport or
use, within the confines of a race course, any syringe or needle used for
medication purposes or any electrical, mechanical or other device, unless
sanctioned by the commission or the stewards, which could affect the racing
performance of an animal. [1953 c.498 §2; 1969 c.356 §31; 1977 c.855 §13]
     462.440 [1953 c.498 §4; repealed by 1969 c.356 §38]
     462.450
Regulation of possession, transportation or use of drugs at race course. (1) No person shall possess, transport or
use any drug within the confines of a race course, except upon a bona fide
veterinarianÂ’s prescription with a complete statement of the uses and purposes
of such prescription upon the container of such prescription.
     (2) A copy of such prescription shall be
filed with the Oregon Racing Commission veterinarian of the race meet, and such
prescription shall be used only with the approval of the said commission
veterinarian. [1953 c.498 §7; 1969 c.356 §32; 1975 c.549 §16; 1979 c.698 §14]
     462.460
Racing animal under name or designation other than registered name or
designation or altering license prohibited. (1) No person shall knowingly enter or race any animal in any race
under any name or designation other than that name or designation assigned to
such animal by and registered with such club or association or other governing
body recognized by the Oregon Racing Commission for such purpose.
     (2) No person shall knowingly alter,
modify or change any license issued by the commission, or knowingly possess any
license issued by the commission which has been altered, modified or changed.
     (3) No person shall knowingly aid, abet,
counsel, instigate, engage in or in any way further any act by which a license
issued by the commission is altered, modified or changed. [1953 c.498 §5; 1981
c.544 §17]
     462.470
Aiding or abetting racing of animal under name or designation other than
registered name or designation prohibited. No person shall aid, abet, counsel, instigate, engage or in any way
further any act by which any animal is entered or raced in any race under any
name or designation other than that name or designation assigned to such animal
by and registered with such club or association or other governing body
recognized by the Oregon Racing Commission for such purpose. [1953 c.498 §6]
     462.510
Demand or acceptance of compensation for furnishing racing information as
touting; how predictions on race outcome may be sold. (1) Any person who attempts to, or does
persuade, procure or cause another person to wager on an animal participating
in a race, and upon which money is wagered, and who asks or demands, or accepts
compensation as a reward for information or purported information given in such
case is a tout, and is guilty of touting.
     (2) Predictions on the outcome of horse
races and greyhound races may be sold on the licenseeÂ’s premises in accordance
with rules promulgated by the Oregon Racing Commission. [1953 c.499 §1; 1975
c.549 §17]
     462.520
Penalty for falsely using name of racing official as source of information in
commission of touting. Any
person who in the commission of touting falsely uses the name of any official
of the Oregon Racing Commission, its inspectors or attaches, or of any official
of any race track association, or the names of any owner, trainer, jockey or
other person licensed by the commission as the source of any information or
purported information is guilty of a misdemeanor. [1953 c.499 §2; 1969 c.356 §33]
     462.530 [1953 c.499 §4; repealed by 1969 c.356 §38]
OFF-RACE COURSE
MUTUEL WAGERING
     462.700
Authorization; procedure. In
addition to mutuel wagering authorized by this chapter to be conducted upon the
premises of a race course, a race meet licensee may conduct off-race course
mutuel wagering in accordance with ORS 462.700 to 462.740 and Oregon Racing
Commission rules. [1987 c.913 §2; 2005 c.72 §3]
     462.710
Application; contents; conditions; revocation of authority. (1) Any race meet licensee may make written
application to the Oregon Racing Commission to conduct off-race course mutuel
wagering:
     (a) On races held at the licensee’s race
course; or
     (b) On races held at race courses outside
this state.
     (2) The application shall be in such form,
shall contain such information and shall be submitted at such time and in such
manner as the commission may require. Information required by the commission
may include, but is not limited to, a description of the facilities, equipment
and method of operation whereby the applicant proposes to conduct off-race
course mutuel wagering activities.
     (3) The commission shall authorize
off-race course mutuel wagering upon such terms and conditions regarding the
time, location and manner of operation as the commission considers appropriate.
The commission may not authorize more than 20 locations for off-race course
mutuel wagering to be in operation at any one time and shall permit off-race
course mutuel wagering only at an authorized location. The commission may not
authorize the conduct of off-race course mutuel wagering at any time or place
or in any manner that the commission determines would have substantial adverse
impact upon mutuel wagering on races held at a race course in this state. The
commission may not authorize a race meet licensee to conduct off-race course
mutuel wagering within the boundaries of any city or county that has adopted an
ordinance prohibiting the conduct of that activity within the city or county.
The commission may not authorize a race meet licensee to conduct off-race
course mutuel wagering in any county with a population of less than 250,000 at
a location that is within 40 miles of any other location where another race
meet licensee is conducting a live race meet without written consent of the
live race meet licensee.
     (4) In addition to other grounds provided
in this chapter, the commission may refuse to issue or renew or may revoke or
suspend the license of any race meet licensee, or any employee thereof, for
failure to comply with ORS 462.700 to 462.740 or commission rules.
     (5) If a race meet licensee proposes to
conduct off-race course mutuel wagering at a physical facility separate from
the race course:
     (a) Individuals working at the separate
facility must obtain a license for such employment from the commission if the
individuals are performing duties for which a license would be required if the
duties were performed at a race course. The fee for any such license shall be
the same as the fee for the license required if the individual were working at
a race course.
     (b) ORS 462.080, 462.190 and 462.195 apply
to the race meet licensee and to individuals at the facility in the same manner
as if the mutuel wagering activity were being conducted at a race course.
     (6) In addition to other requirements of
ORS 462.700 to 462.740, the commission may authorize a race meet licensee to
conduct off-race course mutuel wagering on a particular race that is held at a
race course outside this state subject to the following conditions:
     (a) The commission may authorize only one
race meet licensee, that is the holder of a license under ORS 462.062 or
462.067, to conduct off-race course mutuel wagering on the race.
     (b) The commission may authorize such
off-race course mutuel wagering to be conducted at the licenseeÂ’s race course
and any off-race course wagering site approved by the commission.
     (c) The commission may authorize a race
meet licensee to conduct off-race course mutuel wagering on either horse races
or greyhound races, except that:
     (A) A horse race meet licensee may conduct
off-race course mutuel wagering on greyhound races only if there is no active
greyhound race meet licensee; and
     (B) A greyhound race meet licensee may
conduct off-race course mutuel wagering on horse races only if there is no
active horse race meet licensee.
     (d) If a licensee applies for authority to
conduct mutuel wagering on horse races held at race courses outside this state,
the commission may require that the licensee provide such evidence as the
commission considers appropriate regarding the ability of the licensee to
comply with the Interstate Horseracing Act of 1978, 15 U.S.C. 3001 to 3007, as
amended. [1987 c.913 §3; 1989 c.358 §1; 1993 c.682 §8; 1997 c.865 §12; 2001
c.104 §199; 2005 c.72 §4]
     462.720
Pooling wagered moneys; surcharge on wagering by licensee. (1) All moneys wagered in off-race course
mutuel wagering on races held at race courses in this state shall be included
in the computation of the mutuel pool for that race at the race course. Subject
to rules adopted by the Oregon Racing Commission and upon application of the
race meet licensee, the commission may authorize:
     (a) Moneys wagered in off-race course
mutuel wagering at locations outside this state on races held at race courses
in this state to be included in the computation of the mutuel pool for the race
at the
     (b) Moneys wagered in off-race course
mutuel wagering at locations in this state on races held at race courses
outside this state to be included in the computation of the mutuel pool for the
race at the race course.
     (2) Notwithstanding ORS 462.140, in the
case of moneys wagered in off-race course mutuel wagering at a location in this
state and included in the mutuel pool of a race held at a race course outside
this state, the amount taken from the mutuel pool by the race meet licensee to
pay taxes, purses, compensation for the licensee and other payments shall be
the amount required by statute at the race course outside this state.
     (3) A race meet licensee that is
authorized to conduct off-race course mutuel wagering may exact a surcharge on
off-race course mutuel wagering at a rate not exceeding five percent. At the
discretion of the race meet licensee, the surcharge shall be paid by the
wagerer on the amount wagered to the race meet licensee at the time the wager
is made, or the surcharge shall be paid on the winnings and shall be deducted
at the time winnings are paid. All surcharges collected by the race meet
licensee shall be reported to the commission at such time and in such manner as
the commission may require. [1987 c.913 §4; 1989 c.358 §2; 1991 c.252 §1; 1993
c.682 §9; 1997 c.865 §13]
     462.725
Multi-jurisdictional simulcasting and wagering; fees; rules; distribution of moneys
paid to commission. (1)
Notwithstanding any other provision of this chapter, the Oregon Racing
Commission may develop and adopt rules to license and regulate all phases of
operation of “Multi-Jurisdictional Simulcasting and Interactive Wagering
Totalizator Hubs” located in Oregon. In addition to the other rules of
operation adopted by the commission, the commission shall adopt a rule setting
the amount that may be taken from the gross receipts of the
multi-jurisdictional mutuel system.
     (2) All employees working in
     (3) Payments to be made to the Oregon
Racing Commission include:
     (a) “Multi-Jurisdictional Simulcasting and
Interactive Wagering Totalizator Hub” license fee not more than $200 per
operating day.
     (b) Not more than one percent of total
gross mutuel wagering receipts recorded by the totalizator system.
     (4) Of the moneys received by the Oregon
Racing Commission under subsection (3)(b) of this section, 33-1/3 percent shall
be paid to the State Treasurer for deposit in the General Fund and 66-2/3
percent shall be retained by the commission. The Oregon Racing Commission may
adopt rules under which the moneys retained by the commission may be
distributed for the benefit of the
     462.730
Payments by licensee to commission. A race meet licensee that conducts off-race course mutuel wagering
shall make payments to the Oregon Racing Commission in the same manner as if
the mutuel wagering were being conducted at the race course. [1987 c.913 §5;
1989 c.358 §3]
     462.740
Rules; compliance with federal law. (1) In accordance with ORS chapter 183, the Oregon Racing Commission
shall promulgate rules to carry out the provisions of ORS 462.700 to 462.740.
Such rules shall be designed to promote the best interests and the good conduct
of racing, with due regard for the public health, safety and welfare.
     (2) In order to provide for the lawful
operation of off-race course mutuel wagering for wagering on horse races at
race courses outside this state, the commission is authorized to enter into
contracts or agreements with other governmental or private agencies or
associations and to perform all other acts necessary to comply with the
Interstate Horseracing Act of 1978, 15 U.S.C. 3001 to 3007, as amended. [1987
c.913 §6; 1989 c.358 §4; 2001 c.104 §200]
PENALTIES
     462.990
Penalties. (1) Except as
hereinafter provided in this section, violations of any provision of this
chapter is a misdemeanor.
     (2) Any person violating the provisions of
ORS 462.420, 462.430, 462.450, 462.460, 462.470 or 462.415 (2) shall, upon
conviction, be guilty of a felony and punished by imprisonment in the custody
of the Department of Corrections for not more than two years or by a fine of
not more than $5,000, or by both.
     (3) Any person who conspires or attempts
to commit or commits any act of touting as defined in ORS 462.510 shall, upon
conviction, be fined not more than $500 or be imprisoned for not more than six
months, or both.
     (4) Any person violating the provisions of
ORS 462.140 (1) shall be punished upon conviction by imprisonment in the county
jail for not more than one year or by imprisonment in the custody of the
Department of Corrections for not more than five years or by a fine of not more
than $5,000, or both such fine and imprisonment. [Part of subsection (1)
derived from 1957 c.313 §22; subsection (2) enacted as 1953 c.498 §8;
subsection (3) enacted as 1953 c.499 §5; 1955 c.538 §2; 1969 c.356 §34; 1969
c.528 §§1,2; 1987 c.320 §235]
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