Section 200. Request for racing days

A. Generally. A holder of an owner-operator's or operator's license has the privilege of conducting horse race meetings at facilities, licensed by the commission, with pari-mutuel wagering for a period of 20 years, subject to annual review by the commission. A holder of an owner-operator's or operator's license shall submit an annual request to the commission for racing days.

B. Where to file request. The licensee shall submit a request for racing days for the following calendar year in writing to the general business office of the commission at a time designated by the commission. The commission may, in its discretion, extend the deadline.

1. A request to be sent by certified mail shall be addressed to:

Executive Secretary

Virginia Racing Commission

Post Office Box 208

New Kent, VA 23124

2. A request to be hand-delivered shall be delivered to:

Executive Secretary

Virginia Racing Commission

1500 East Main Street

Suite 301

Richmond, VA 23219

3. A request delivered by hand or by certified mail will be timely only if received at the main office of the commission by 5 p.m. on or before the date prescribed.

4. Delivery to other than the commission's main office or to commission personnel by hand or by mail is not acceptable.

5. The licensee assumes full responsibility for the method chosen to deliver the request.

C. Content of request. The licensee's request in writing shall include a statement of how the request will provide for the promotion, sustenance, and growth of a native industry, in a manner consistent with the health, safety and welfare of the people, except that the commission, in its discretion, may waive the foregoing. The request shall include the following:

1. A request, signed by an officer of the licensee, for assignment of racing days;

2. A statement of the precise nature and extent of the assignment requested including the total number of racing days requested, the dates within which the racing days are to be conducted and the dark days, the breed or breeds to be utilized, the type or types of racing to be offered, the horse racing facility where the racing days are to be conducted, the hours of racing, and the projected purse structure.

3. A detailed statement of how the request meets the criteria established in 11VAC10-20-220 C; and

4. Any other documentation the licensee deems material to ensure a complete understanding of the request.

D. Amendment of request. A licensee may at any time amend a properly submitted request for racing days for commission approval.

E. Rescission of racing days. The commission may in its discretion rescind one or more racing days assigned to a licensee, if the commission finds that the licensee has not or will not meet the terms of its license. Any days rescinded may be reassigned to another licensee.

Historical Notes

Derived from VR662-01-02 § 2.19, Volume 06, Issue 13, eff. April 25, 1990; Volume 20, Issue 25, eff. September 23, 2004.

Statutory Authority

§ 59.1-369 of the Code of Virginia.