H. B. 2738
(By Delegate Love)
[Introduced February 24, 1995; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section eight, article twenty-three,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to giving the
racing commission latitude when considering an application
for a license and permit from an applicant relative to their
background.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-three, chapter nineteen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-8. Consideration of application for license or permit;
issuance or denial; contents of license or permit;
grounds for denial of application; determination of
racing dates; license or permit not transferable or
assignable; limitation on license; validity of
permit.
(a) The racing commission shall promptly consider any
application for a license or permit, as the case may be. Based
upon such the application and all other information before it,
the racing commission shall make and enter an order either
approving or denying such the application. The application shall
be denied for any reason specified in subsection (b) of this
section. If an application for a license is approved, the racing
commission shall issue a license to conduct a horse or dog race
meeting, and shall designate on the face of such the license the
kind or type of horse or dog racing for which the same is issued,
the racing association to which the same is issued, the dates
upon which such the horse or dog race meeting is to be held or
conducted (which shall be any weekdays, or weeknights, excluding
Sundays), the location of the horse or dog racetrack, place or enclosure where such the horse or dog race meeting is to be held
or conducted and such other information as the racing commission
shall deem proper. If an application for a permit is approved,
the racing commission shall issue a permit and shall designate on
the face of such the permit such information as the racing
commission shall deem proper.
(b) The racing commission shall may deny the application and
refuse to issue the license or permit, as the case may be, which
denial and refusal shall be final and conclusive unless a hearing
is demanded in accordance with the provisions of section sixteen
of this article, if the racing commission finds that the
applicant (individually, if an individual, or the partners or
members, if a partnership, firm or association, or the owners and
directors, if a corporation):
(1) Has knowingly made false statement of a material fact in
the application or has knowingly failed to disclose any
information called for in the application;
(2) Is or has been guilty of any corrupt or fraudulent act,
practice or conduct in connection with any horse or dog race
meeting in this or any other state;
(3) Has been convicted, within ten years prior to the date
of such the application, of an offense which under the law of
this state, of any other state or of the United States of
America, shall constitute a felony or a crime involving moral
turpitude;
(4) Has failed to comply with the provisions of this article
or any reasonable rules and regulations of the racing commission;
(5) Has had a license to hold or conduct a horse or dog race
meeting or a permit to participate therein denied for just cause,
suspended or revoked in any other state;
(6) Has defaulted in the payment of any obligation or debt
due to this state under the provisions of this article;
(7) Is, if a corporation, neither incorporated under the
laws of this state nor qualified to do business within this
state;
(8) In the case of an application for a license, has failed
to furnish bond or other adequate security, if the same is
required by the racing commission under the provisions of section
seven of this article;
(9) In the case of an application for a permit, is unqualified to perform the duties required for the permit sought;
or
(10) In the case of an application for a permit, is, for
just cause, determined to be undesirable to perform the duties
required of such applicant.
(c) In issuing licenses and fixing dates for horse or dog
race meetings at the various horse racetracks and dog racetracks
in this state, the racing commission shall consider the horse
racing circuits and dog racing circuits with which the horse
racetracks and dog racetracks in this state are associated or
contiguous to, and shall also consider dates which are calculated
to increase the tax revenues accruing from horse racing and dog
racing.
(d) A license issued under the provisions of this article is
neither transferable nor assignable to any other racing
association and shall not permit the holding or conducting of a
horse or dog race meeting at any horse or dog racetrack, place or
enclosure not specified thereon. However, if the specified horse
or dog racetrack, place or enclosure becomes unsuitable for the
horse or dog race meeting because of flood, fire or other catastrophe, or cannot be used for any reason, the racing
commission may, upon application, authorize the horse or dog race
meeting, or any remaining portion thereof, to be conducted at any
other racetrack, place or enclosure available for that purpose,
provided that the owner of such racetrack, place or enclosure
willingly consents to the use thereof.
(e) No type of horse racing or dog racing shall be conducted
by a licensee at any race meeting other than that type for which
a license was issued.
(f) Each permit issued under the provisions of this section
shall be for the period ending December thirty-first of the year
for which it was issued, and shall be valid at all horse or dog
race meetings during the period for which it was issued, unless
it be sooner suspended or revoked in accordance with the
provisions of this article. A permit issued under the provisions
of this article is neither transferable nor assignable to any
other person.
NOTE: The purpose of this bill is to give the Racing
Commission latitude or discretion when considering an application
for a license and permit from an applicant relative to their
background.