ORS Chapter 462 - Oregon Statutes

Chapter 462 — Racing

 

2009 EDITION

 

RACING

 

PUBLICHEALTH AND SAFETY

 

LICENSINGOF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND BOOKMAKING REGULATIONS

 

462.010     Definitions

 

462.020     Licenserequirement; authority of commission to require fingerprints; rules

 

462.025     Noticerequired to terminate use of license; hearing

 

462.030     Qualificationsfor eligibility of race meet operator

 

462.040     Racemeet licenses, classes, limitations, contents; rules

 

462.050     Applicationfor race meet license; bond; payment of fees; submission of financialstatements and inspection of records; return of deposit; refund of license fee

 

462.055     Authorityto require applicant to have recommendation of local governing body; fee

 

462.057     Licenseand other fees and purses; track fund

 

462.062     Feesand other payments by licensees of horse race meets not subject to ORS 462.057

 

462.065     Securityfor association receiving payments under ORS 462.057 or 462.062; fee charged byassociation receiving payments under ORS 462.140

 

462.067     Licenseand other fees for race meets not subject to ORS 462.057 and 462.062

 

462.070     Licensefees for officials, track operators and other race meet participants; rules

 

462.072     CashVouchers Account; payment and expiration of vouchers; disposition of accountbalance; civil penalty

 

462.073     UnclaimedWinnings Account; payment of winning or refund tickets; disposition ofproceeds; civil penalties

 

462.075     Groundsfor refusal to issue or renew licenses; hearing

 

462.080     Exclusionof certain persons from race courses; hearing; penalty

 

462.090     Revocation,suspension and refusal to renew licenses; hearing; civil penalty

 

462.100     Licensefee and tax in lieu of all others; exception

 

462.110     Publicliability insurance required; bond of licensee; actions on bond; insurance forjockeys and drivers

 

462.125     Numberand classes of race meets; unused race days; conflicting race dates

 

462.127     OregonQuarter Horse Racing Association and Oregon Division Horsemen’s Benevolent andProtective Association racing; exception to ORS 462.125

 

462.130     Oregonbred horse races

 

462.135     Oregonbred greyhound races

 

462.140     Prohibitionsconcerning bookmaking, betting; track take; computation, use of breaks

 

462.142     Accountwagering

 

462.145     Handicappingcontests

 

462.150     Regulationof underpayments; effect of tax

 

462.160     Whenrace meet is a nuisance

 

462.170     Commissionrules apply to county fairs; enforcement

 

462.185     Issuanceof licenses to animal owners or trainers; conditions; revocation

 

462.190     Restrictionson minors; selling wagering tickets to minors or visibly intoxicated persons

 

462.195     Writtenstatement of age from purchaser of mutuel wagering ticket or receipt

 

462.200     Testsof animals participating in race meets or persons required to be licensed;costs; rules

 

OREGONRACING COMMISSION

 

462.210     OregonRacing Commission; appointment; confirmation

 

462.220     Compensationand expenses of members

 

462.230     Vacanciesand removal

 

462.240     Oathof office

 

462.250     Organizationof commission; employees of commission and appointed officials to conduct racemeets; commission to fix compensation; rules and regulations

 

462.260     OregonRacing Commission Account; office, records and annual report of commission

 

462.265     Commissionsubject to state budget procedures and laws governing supervision ofexpenditures

 

462.270     Dutiesof commission; rules

 

462.272     Powerof commission to administer oaths, take depositions, issue subpoenas

 

462.273     Prohibitedactivities of commission, staff and family members

 

462.275     Commissionactivities concerning betterment of racing; establishment of library

 

462.277     Serviceand execution of warrants of arrest and search warrants

 

GENERALREGULATIONS RESPECTING ANIMAL RACING

 

462.405     Boardof stewards’ authority; sanctions; review of actions by commission; hearing

 

462.415     Animalsprohibited from racing; prohibited acts; rules

 

462.417     Scheduleof purses to have prior approval of commission

 

462.420     Stimulatingor depressing participating animal prohibited

 

462.430     Prohibitionsconcerning influencing results of races

 

462.450     Regulationof possession, transportation or use of drugs at race course

 

462.460     Racinganimal under name or designation other than registered name or designation oraltering license prohibited

 

462.470     Aidingor abetting racing of animal under name or designation other than registeredname or designation prohibited

 

462.510     Demandor acceptance of compensation for furnishing racing information as touting; howpredictions on race outcome may be sold

 

462.520     Penaltyfor falsely using name of racing official as source of information incommission of touting

 

OFF-RACECOURSE MUTUEL WAGERING

 

462.700     Authorization;procedure

 

462.710     Application;contents; conditions; revocation of authority

 

462.720     Poolingwagered moneys; surcharge on wagering by licensee

 

462.725     Multi-jurisdictionalsimulcasting and wagering; fees; rules; distribution of moneys paid tocommission

 

462.730     Paymentsby licensee to commission

 

462.735     Suspensionor refusal to renew license; hearing; rules

 

462.740     Rules;compliance with federal law

 

PENALTIES

 

462.990     Penalties

 

LICENSINGOF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND BOOKMAKING REGULATIONS

 

      462.010Definitions.As used in this chapter, unless the context otherwise requires:

      (1)“Breaks” means the odd cents remaining after the payoff prices have beencomputed in accordance with ORS 462.140 (3).

      (2)“Calendar year” means a 12-month year, January 1 through December 31.

      (3)“Commission” means the Oregon Racing Commission.

      (4)“Continuous race meet” includes any exhibition of animal racing continuously atthe same race course by two or more licensees where the mutuel system is usedin conjunction with any race.

      (5)“Drug” means any narcotic, sedative, anesthetic, analgesic, drug or othermedication of any kind or description intended for use in any manner, directlyor indirectly, internally or externally, in the diagnosis, treatment,mitigation or cure of injury or disease or for use in the prevention of diseasethat could affect, in any manner, the racing condition or performance of ananimal as a depressant, stimulant, local anesthetic, analgesic, sedative orotherwise. “Drug” includes:

      (a)Substances, other than foods, intended to affect the structure or any functionof the body of the animal and all substances affecting the central nervoussystem, respiratory system or blood pressure of any animal other than vitaminsor supplemental feeds; and

      (b)Any identified substance that can affect or interfere with the true andaccurate testing and analysis of blood, saliva, urine or other samples takenfrom racing animals.

      (6)“Fiscal year” means a 12-month year, as described in ORS 293.605.

      (7)“Licensee” means a person, partnership, corporation, political subdivision,municipal corporation or any other body holding a license under this chapter.

      (8)“Mutuel” means a system whereby wagers with respect to the outcome of a raceare placed with a wagering pool in which the participants are wagering witheach other and not against the operator.

      (9)“Public training track” means any race course or other facility that isavailable or open to the public for use in the training or schooling of racinganimals.

      (10)“Race” means any race conducted in a race meet. “Race” includes races conductedwithout wagering, provided one or more races in the meet are conducted withwagering.

      (11)“Race course” means all the premises used in connection with the conduct of arace meet, including but not limited to, the race track, grandstands, paddock,stables, kennels and all other buildings and grounds adjacent to or appurtenantto the physical limits of the race track.

      (12)“Race meet” means any exhibition of animal racing where the mutuel system isused in conjunction with any race. [Amended by 1953 c.497 §4; 1955 c.335 §1;1957 c.313 §1; 1969 c.356 §10; 1975 c.550 §1; 1977 c.855 §1; 1981 c.544 §1;1987 c.913 §7; 1997 c.865 §1; 2003 c.14 §294]

 

      462.020License requirement; authority of commission to require fingerprints; rules. (1) A personmay not hold a race meet without having first obtained and having in full forceand effect a license therefor issued by the Oregon Racing Commission.

      (2)A trainer, driver, jockey, apprentice jockey, horse owner, dog owner, exerciseperson, agent, authorized agent, jockey’s agent, stable foreman, groom, valet,veterinarian, horseshoer, steward, stable guard, starter, timer, judge or otherperson acting as a participant or official at any race meet, including allemployees of the pari-mutuel department, may not participate in race meetswithout having first obtained and having in full force and effect a licenseissued by the commission, pursuant to such rules as the commission shall make.The commission by rule may require other employees of a race meet licensee whoare engaged in or performing duties at the race course to obtain a licenseissued by the commission prior to engaging or performing such duties. Thecommission by rule may also require persons, including corporations, who arenot employees of a race meet licensee, but who are authorized to do business atthe race course, to obtain a license issued by the commission prior toconducting such business.

      (3)A person may not operate a public training track or public kennel forgreyhounds participating in a race meet without having first obtained and havingin full force and effect a license issued by the commission.

      (4)The commission may require each applicant for a license to be photographed andshall require each applicant to be fingerprinted as part of the licensingprocedure for the purpose of requesting a state or nationwide criminal recordscheck under ORS 181.534.

      (5)Each person holding a license under this chapter shall comply with all rulesand orders of the commission.

      (6)Notwithstanding the requirements of subsection (2) of this section, thecommission, upon receipt of a written application for a license on formsprovided by the commission, may in its sound discretion issue a temporarylicense valid for a period not to exceed 10 days pending final approval ordisapproval of the written application for a license. [Amended by 1955 c.454 §1;1957 c.313 §2; 1969 c.356 §11; 1975 c.549 §2; 1983 s.s. c.7 §1; 1999 c.59 §131;2003 c.166 §2; 2005 c.730 §25]

 

      462.025Notice required to terminate use of license; hearing. No licensee whoaccepts an engagement or employment or undertakes activities in preparation foror in connection with a race meet shall voluntarily terminate or discontinuethe engagement, employment or activities of the licensee or otherwise refuse tocooperate or participate, unless the licensee gives the Oregon RacingCommission notice in writing of the intention to do so at least 15 days priorto such termination or discontinuance. The commission may, upon notice to allinterested parties, conduct one or more hearings with respect to any suchtermination or discontinuance. [1969 c.356 §5; 1975 c.549 §3]

 

      462.030Qualifications for eligibility of race meet operator. No person iseligible to operate a race meet with a license issued under this chapter unlessthe person is the owner or controls the possession of a properly constructedrace track suitable for the class of races which are proposed to be conductedat such race track and improved with safe and suitable grandstands, equippedwith reasonably sanitary accommodations, adequate stables for livestocktogether with adequate fire protection equipment, and such other properimprovements as in the judgment of the Oregon Racing Commission may berequired, taking into consideration the location of such race track and theprobable capacity requirements to accommodate the crowd and the number ofpeople that will reasonably be expected to occupy the grandstands and attendthe race meets. [Amended by 1955 c.336 §1]

 

      462.040Race meet licenses, classes, limitations, contents; rules. (1) Race meetlicenses granted by the Oregon Racing Commission shall be limited to:

      (a)Licenses for horse and mule race meets (Class A).

      (b)Licenses for greyhound race meets (Class B).

      (2)(a)Except as the commission otherwise may provide by rule, no licensee shall begranted licenses of both classes nor shall licenses be issued for more than oneclass of racing on the same race course, track or location.

      (b)In adopting rules to carry out the provisions of this subsection, thecommission shall consider, among other matters, the impact on existing racemeet licensees in the county in which application for a license referred to inparagraph (a) of this subsection is made.

      (3)The commission shall not grant any license for greyhound racing at the OregonState Fair.

      (4)The license shall specify the number of days the race meet shall continue andthe number of races per day. [Amended by 1955 c.639 §1; 1957 c.313 §3; 1969c.356 §12; 1975 c.549 §4; 1979 c.720 §1; 1989 c.210 §3; 1997 c.865 §2]

 

      462.050Application for race meet license; bond; payment of fees; submission offinancial statements and inspection of records; return of deposit; refund oflicense fee.(1) Every person making application for a license to hold a race meet shallfile the application with the Oregon Racing Commission. The application shallset forth the time, place and number of days the applicant desires the meet tocontinue, together with the applicant’s estimate of the daily average paymentthat the applicant will pay to the state upon the gross amount of money wageredper day and such other information as the commission may require.

      (2)The commission may, in its discretion, require a performance bond in an amountnot to exceed $10,000, to insure that the licensee operates a race meet on thelicense days granted.

      (3)The application shall be accompanied by a check on a financial institutionmaintaining an office and licensed to do business in Oregon in an amount equalto the license fee, exclusive of required percentage payments, required for thenumber of days for which the license is requested. If the license is notgranted, such deposit shall be returned promptly to the applicant. If thelicense is granted, but for fewer days than applied