Section 40. License criteria

A. Determination by commission. The commission may issue a limited license if it determines on the basis of all the facts before it that:

1. Issuance of a license will not adversely affect the horse racing industry in the Commonwealth of Virginia or the public interest;

2. The horse racing facility will be operated in accordance with all applicable state and federal statutes and regulations, regulations of the commission and all local ordinances; and

3. The issuance of a limited license to the applicant will not adversely affect the public health, safety and welfare.

B. Consideration of application. The commission, in determining whether the issuance of a limited license is in the public interest, shall consider the following factors:

1. The integrity of the applicant, including:

a. Criminal record;

b. Involvement in proceedings in which government regulation of horse racing or gambling was an issue; and

c. Any other factors related to integrity which the commission deems crucial to its decision making, as long as the same factors are considered with regard to all applicants.

2. The quality of physical improvements and equipment in the applicant's facility, including:

a. Detention facility;

b. Totalizator;

c. Starting, timing, photo finish, photo patrol or video equipment; and

d. Any other factors related to quality which the commission deems crucial to its decision making, as long as the same factors are considered with regard to all applicants.

3. Status of governmental actions required for the applicant's facility, including:

a. Required governmental approvals for the operation of the horse racing facility; and

b. Any other factors related to status of governmental actions which the commission deems crucial to its decision making as long as the same factors are considered with regard to all applicants.

4. The qualifications of the applicant's managers and any other factors related to management ability which the commission deems crucial to its decision making as long as the same factors are considered with regard to all applicants.

5. Compliance with applicable statutes, charters, ordinances or regulations.

6. Efforts to promote an orderly growth of horse racing in Virginia and educate the public with respect to horse racing and pari-mutuel wagering.

7. Effects on competition, including:

a. Number, nature and relative location of other licensees;

b. Minimum and optimum number of racing days sought by the applicant; and

c. Any other factors of the impact of competition which the commission deems crucial to decision making as long as the same factors are considered with regard to all applicants.

8. The commission shall also consider any other information that the applicant discloses or that is relevant and helpful to a proper determination.

C. Issuance of limited license. In issuing a limited license to an applicant, the commission shall designate in writing the location of the facility where the horse racing, with pari-mutuel wagering privileges, shall take place, the total number of racing days assigned, the dates within which the racing days are to be conducted and dark days, the breed or breeds to be utilized, the type or types of racing to be offered, and the hours of racing.

D. Denial of request final. The denial of a request by the commission shall be final unless appealed by the applicant or licensee.

E. Transfer or acquisition of an interest in a limited license. A holder of a limited license may apply to the commission to transfer its race meet or meetings to that of another horse racing facility already licensed by the commission under the provisions of 11VAC10-20-240.

Historical Notes

Derived from VR662-02-04 § 4, eff. December 19, 1990.

Statutory Authority

§ 59.1-369 of the Code of Virginia.