Section 50. Limited license criteria

A. The holder of a limited license shall conduct horse racing at a facility for the promotion, sustenance and growth of a native industry in a manner consistent with health, safety and welfare.

B. The adequacy and sufficiency with which the licensee meets the following criteria shall rest with the commission:

1. Each licensee shall accept, observe and enforce all federal and state laws, regulations of the commission and local ordinances;

2. Each licensee shall ensure that its grounds and facility are neat and clean, painted and in good repair, with special consideration for the comfort and safety of the public, employees, other persons whose business requires their attendance, and for the health and safety of the horses there stabled;

3. Each licensee shall honor commission exclusions from the horse racing facility and shall eject immediately any person found in the facility who has been excluded by the commission. The licensee shall make a report to the commission of each person who is ejected from the facility;

4. Each licensee shall provide uniformed security personnel in the areas where pari-mutuel wagering is conducted so that money and pari-mutuel tickets may be safeguarded, decorum maintained and public safety protected;

5. Each licensee shall provide a starting gate or starting apparatus that is appropriate to the type of racing being offered, sufficient, trained outriders, and timing devices or trained personnel to manually time the races and provide fractional times as deemed appropriate;

6. Each licensee shall provide a photo-finish camera and an area where photo-finish prints may be displayed to the public. The photo-finish camera and the personnel operating the camera shall be under the supervision of the stewards;

7. Each licensee shall provide a totalizator where wagers are recorded, pools calculated, approximate odds displayed visibly to the general public in the infield at periodic intervals during the wagering and with the payouts on winning tickets are displayed;

8. Each licensee shall provide an adequate number of ambulances and emergency medical services for participants and public during those hours when horse racing is conducted. At no time will horse racing be permitted unless there is at least one ambulance at the facility;

9. Each licensee shall provide at least one veterinarian to administer and provide emergency service to any horse participating in the racing program;

10. Each licensee shall provide a detention facility where samples of blood, saliva, urine and other substances can be collected from horses following racing. The commission may, in its discretion, authorize the commission veterinarian and his assistants to collect samples from horses following racing in their stalls; and

11. Each licensee shall coordinate its fire, safety and security plans with local fire and police agencies so that the public health and safety may be protected.

C. The following limited license application, regulations and guidelines are developed to implement the filing of applications pursuant to § 59.1-376 of the Code of Virginia. The applicant or its designated representative shall execute all sections of this application unless otherwise provided.

1. False or misleading information in a license application, omission of required information or substantial deviation from representation in the application is cause for denial, revocation or suspension of a license or imposition of a fine.

2. The applicant shall provide all information required to be disclosed.

3. The applicant shall provide only information relevant to disclosures required by the Virginia Racing Commission.

4. Upon filing the application, the applicant shall provide the following:

a. A letter of transmittal to the Virginia Racing Commission;

b. An original and six copies of the application, in sealed envelopes; and

c. Any exhibits and attachments to the application.

5. The applicant shall file with the application a disclosure statement on the form attached hereto (original and six copies) for itself and for each officer, director, partner, policymaker and owner or holder of 5.0% or more of the legal or beneficial ownership interest in the applicant. If 25% or more of the applicant is owned by another entity, disclosure statements shall be filed by the officers, directors, partners and policymakers of the other entity and the owner or holders of 10% or more of the legal or beneficial ownership interest in the other entity. This disclosure shall continue through as many tiers as necessary to disclose the ultimate owners or holders of 5.0% or more of the legal or beneficial ownership interest in the applicant. A person having an interest subject to disclosure in more than one applicant shall file one set of disclosure statements for each application. Each disclosure statement shall be attached to the application as an exhibit.

6. Upon request of the Virginia Racing Commission, the applicant shall provide copies of any documents used in the preparation of its application or any other documents the commission requests.

7. Each disclosure required in the application shall be provided in printed or typewritten form on 8½ by 11 inch paper.

8. Each page shall be sequentially numbered including exhibits and attachments.

9. All disclosures shall be submitted in the order that they are presented in the application.

10. If the applicant elects not to utilize this application form, then the applicant shall restate the question and the question number, immediately preceding each response.

11. All documents which are part of the application shall be submitted as a bound single assemblage (unless multiple volumes are necessary) with each disclosure section, exhibit or other attachment identified and separated by tabs.

12. An applicant shall provide photographs of any three-dimensional exhibits.

13. If a question is inappropriate or not applicable, indicate "N.A." on the application.

14. If additional forms are required, the applicant may detach the form and make as many copies as necessary.

Historical Notes

Derived from VR662-02-04 § 5, eff. December 19, 1990.

Statutory Authority

§ 59.1-369 of the Code of Virginia.