Current through Register Vol. 54, No. 45, November 9, 2024
Section 181.7 - Denial, suspension or revocation(a) The Commission may deny an application for a license or revoke, suspend or refuse to renew the license of any applicant or licensed racing entity, if the Commission finds by a preponderance of the evidence that: (1) The applicant or licensed racing entity, or any of its owners, officers, director, managers, employees or agents: (i) Has not complied with the conditions, rules, regulations and provisions of this chapter and that it would be in the public interest, convenience or necessity to deny, revoke, suspend or not renew the license.(ii) Has been convicted of a violation or attempt to violate a horse racing law, rule or regulation of a horse racing jurisdiction.(iii) Has furnished the Commission with false or misleading information relating to the application or license renewal.(iv) Has failed to provide all requested documentation relating to an application or license renewal, change of ownership or transfer of license.(v) Has been convicted of a crime involving moral turpitude.(vi) Has been convicted of a misdemeanor gambling offense in any jurisdiction.(vii) Has been convicted in any jurisdiction of fraud or misrepresentation related to horse racing or horse breeding.(viii) Has engaged in or continues to engage in unlicensed or unlawful pari-mutuel wagering activities in or outside of this Commonwealth which violates the laws of the Commonwealth or the rules of racing.(2) The applicant or licensed racing entity does not have the use of a racetrack or racetrack enclosure in accordance with the provisions of 4 Pa.C.S. Part II (relating to gaming).(3) The licensed racing entity has commingled horsemen's organization funds in violation of section 9345(c) (relating to commingling) or has refused to place on deposit a letter of credit under section 9346 of the act (relating to standardbred horse racing purse money).(4) The Commission determines that the licensed racing entity has failed to properly maintain its racetrack and racetrack enclosure in good condition under this chapter or to provide adequate capital improvements to the racetrack and racetrack enclosure as required under this chapter and 4 Pa.C.S. § 1404 (relating to distributions from licensee's revenue receipts).(5) The applicant or licensed racing entity, its owners, officers, directors, mangers, employees or agents have been convicted in any jurisdiction of an offense related to fixing or rigging horse races, including 18 Pa.C.S. § 4109 (relating to rigging publicly exhibited contest) or § 7102 (relating to administering drugs to race horses), or any similar crime in another jurisdiction, unless the conviction has been overturned on appeal under the laws of the jurisdiction of the original finding or a pardon has been issued.(6) The experience, character or general fitness of an officer, director, principle or employee of the applicant is that the participation of that person in Standardbred or Thoroughbred horse racing and the related activities would be inconsistent with the public interest, convenience or necessity or with the best interest of racing generally.(b) If a revocation or failure to renew a license under this chapter occurs, the licensee's authorization to conduct previously approved activity shall immediately cease, subject to the licensee's hearing rights as set forth in the Commission's regulations. In the case of a suspension, the licensee's authorization to conduct previously approved activity shall immediately cease until the Commission has notified the licensee that the suspension is no longer in effect. After request for a hearing by a licensee, the Commission may grant a supersedeas, pending the final determination of the suspension.(c) A horse race meeting license shall be renewed every 3 years upon application and, shall not be transferred except as provided for under section 9357 of the act (relating to transfers of licenses). Renewals of horse race meeting licenses shall not be granted automatically.