SECTIONS 19460-19466 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 19460-19466

19460. All licenses granted under this chapter:
(a) Shall be in writing.
(b) Are subject to all rules, regulations, and conditions
prescribed by the board.
(c) Shall contain such conditions as are deemed necessary or
desirable by the board for the best interests of horse racing and the
purposes of this chapter.

19461. Every license granted under this chapter is subject to
suspension or revocation by the board in any case where the board has
reason to believe that any condition regarding it has not been
complied with, or that any law, including the Labor Code and the
regulations adopted thereunder, or any rule or regulation of the
board affecting it has been broken or violated.
All proceedings to revoke a license shall be conducted in
accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code.

19461.1. (a) The withdrawal of an application for a license after
it has been filed with the board shall not, unless the board has
consented in writing to the withdrawal, deprive the board of its
authority to institute or continue a proceeding against the applicant
for the denial of the license upon any ground provided by law, or to
enter an order denying the license upon any of those grounds.
(b) The suspension, expiration, or forfeiture by operation of law
of a license issued by the board, or its suspension, forfeiture, or
cancellation by order of the board or by order of a court of law, or
its surrender without the written consent of the board, shall not,
during any period in which it may be renewed, restored, reissued, or
reinstated, deprive the board of its authority to institute or
continue a disciplinary proceeding against the licensee upon any
ground provided by law, or to enter an order suspending or revoking
the license or otherwise taking disciplinary action against the
licensee on any of those grounds.

19461.5. Upon a finding by the Labor Commissioner that a violation
of any provision of the Labor Code, within the jurisdiction of the
Labor Commissioner, has been committed by a person licensed pursuant
to this chapter in the course of such licensed activity, the Labor
Commissioner shall, upon expiration of the applicable period for
appeal, notify the board of that finding.

19462. If any license is suspended or revoked, the board shall
state publicly its reasons for the suspension or revocation, and
shall cause an entry of such reasons to be made on its minute book.

19463. The action of the board in suspending or revoking a license
issued under this chapter is final, except that the propriety of the
action of suspending or revoking a license or of any other final
administrative action of the board is subject to review by any court
of competent jurisdiction if the action is commenced in the court
within 30 days of the board's action. The action of the board shall
stand unless and until reversed by a court. No action may be
commenced in a court to attack, review, set aside, void, or annul any
final action of the board unless it is commenced within 30 days of
the board's action.

19464. (a) No application for a horse owner's license or for a
license to conduct a race meeting shall be granted unless the
applicant's liability for workers' compensation is secured in
accordance with Division 4 (commencing with Section 3700) of the
Labor Code. Any termination of security for that liability during the
period of a license shall result in the immediate automatic
suspension of the license during the period of that termination and
also shall be a ground for revocation of the license.
(b) No application for a license to conduct a race meeting shall
be granted unless the applicant has deposited with the board a surety
bond in the amount of one hundred thousand dollars ($100,000), or a
greater amount, as determined by the board, which is sufficient to
ensure payment of employee wages and benefits including, but not
limited to, health, welfare, and pension plans. The surety bond shall
be maintained during the period of the meeting and for an additional
period, as determined by the board, sufficient to assure that all
payments are made. In the event of a dispute over the amount owed,
the dispute shall be resolved through the grievance procedures set
forth in the labor agreement of the union representing the class of
employees affected.
For the purposes of this subdivision, an insured certificate of
deposit payable to the Treasurer of the State of California shall be
considered equivalent to a surety bond and shall be acceptable to the
board upon such terms and conditions as it may prescribe. Interest
paid to the state on the certificate of deposit shall be refunded to
the applicant.
This subdivision does not apply to any person or association
licensed to operate a horse race meeting prior to January 1, 2001,
which has conducted a race meeting in each of the immediate three
previous consecutive calendar years.

19466. The board shall maintain a current listing of its temporary
and permanent licensees and shall include therein identifying
information as to each licensee and the address of record. The board
may provide a copy of the listing in the form requested by any
federal, state, county, or municipal authority or racing
jurisdiction. The board may require that its costs for providing a
copy of a listing be reimbursed by the requesting authority or agency
or organization.