§ 23-110-403 - Application for license to conduct meet -- Issuance. - Arkansas Statutes

23-110-403. Application for license to conduct meet -- Issuance.

(a) Before any franchise holder shall conduct a racing meet in the county in which it holds a franchise, it shall file with the Arkansas Racing Commission an application to hold the meet and shall file the bond required by this chapter.

(b) (1) Each application shall be filed with the commission at least ninety (90) days prior to the date upon which it is desired to begin the racing meet.

(2) The application shall specify the dates on which it is intended or desired to conduct or hold the meet and further information as the commission may prescribe.

(3) (A) With the application there shall be delivered to the commission a certified check or bank draft payable to the order of the commission for the full amount of the license fee for each day of the racing meet.

(B) (i) The license fee required to be paid by the franchise holder under the provisions of this section shall be computed at the rate of five hundred dollars ($500) per day.

(ii) The aggregate amount of the fee shall be based upon the total number of days which it is proposed that racing will be conducted at such a meet.

(C) The license fee imposed pursuant to this subdivision (b)(3) shall be in lieu of all other license or occupation fees or taxes which otherwise would be due by the franchise holder to the State of Arkansas or to any of its political subdivisions.

(c) Whenever mutually agreeable to the commission and the franchise holder, the commission may allot racing dates other than those requested in the application.

(d) Immediately following the allotting of any racing dates and the issuance of a license to hold a racing meet, the commission shall notify the franchise holder of the dates allotted. This notice shall be in writing and sent by registered United States mail to the franchise holder, and each notice and license shall be mailed by the commission at least sixty (60) days before the date fixed for the beginning of the racing meet.

(e) (1) Each license shall specify:

(A) The name of the franchise holder;

(B) The dates on which the racing meet shall be held or conducted;

(C) The location of the place, track, or enclosure at which such racing meet is to be conducted; and

(D) The amount of the license fee paid by the franchise holder.

(2) No license shall be transferable, nor shall it apply to any place, track, or enclosure other than the one specified in the license.

(f) (1) If the commission refuses an application for a license, it shall notify the franchise holder. This notice must be in writing and sent by registered United States mail to the franchise holder and shall be mailed by the commission at least sixty (60) days before the date fixed in the application for the beginning of the racing meet.

(2) In each instance the notice shall contain the reasons for refusal of the application.

(3) No application shall be refused until after the franchise holder has been granted a hearing by the commission.