V.I. Code tit. 32, § 202 (2019)
2019 US Virgin Islands Code|Title 32 - Sports and Parks|Chapter 11 - Horse Racing|Subchapter I - General Provisions|§ 202. Supervision and regulation of horse racing

 (a) Horse racing in the Islands of St. Croix and St. Thomas and St. John shall be conducted subject to the supervision of the Virgin Islands Horse Racing Commission, as established within the Department of Sports, Parks and Recreation pursuant to the provisions of section 201 of this chapter and subject to the general direction and control of the Governor of the Virgin Islands. (b) The Virgin Islands Commission is hereby authorized, subject to the general direction and control of the Governor, to regulate all matters relating to horse racing. The Virgin Islands Commission shall, after due notice and public hearings, adopt and amend rules and regulations for horse racing, which rules and regulations, after approval by the Governor and filing in accordance with the provisions of section 933, Title 3 of this code, shall have the force and effect of law. The Virgin Islands Commission shall have the following powers: (1) To prescribe the rules and conditions by which the holding of race horses shall be governed, and to fix the dates and places for the holding of such races. (2) To prescribe the qualifications of persons who engage in any horse racing activity. (3) To provide for the classification and registration of race horses in the Virgin Islands as a condition precedent to eligibility for participation in horse races. (4) To authorize and regulate the use of mechanical and photographic devices, for the purpose, among others, of determining the development and order of finish of races. (5) To provide for the licensing of trainers, jockeys, grooms and other persons directly involved in the conditioning, handling, care or riding of horses in horse races; provided, that the Virgin Islands Commission may not license any person who has been convicted of violation of any laws relating to traffic in, possession of, or use of narcotic drugs, or of any felony involving moral turpitude. (6) To prescribe and provide for the imposition of administrative fines and penalties, including suspensions and the revocation of licenses for violations of this section or of any rules and regulations promulgated hereunder; provided, that such fines may not exceed $200 and such suspensions may not exceed six months; and provided further, that no fine, suspension, or revocation may be imposed except after due notice and hearing, including representation by counsel, afforded the accused person. Any penalty which involves a fine may be enforced in any court of the Virgin Islands; provided, that no fine may be imposed under this section for any act or omission which is a criminal offense under any other provision of this Code. (7) To hold hearings in any matter concerning racing, to issue subpoenas for the attendance of witnesses, to administer oaths and affirmations, and to examine witnesses in all matters pertaining to this chapter. (8) [Deleted.] (9) To grant temporary permits to any person, corporation, partnership, club, group or organization to conduct horse racing events, simulcasting or betting on horse races whenever there is no lease franchise-holder or concession agreement in place to conduct horse racing events. (c) The Virgin Islands Horse Racing Commission shall appoint three stewards and two judges, and one racing secretary. One judge and two stewards and the racing secretary appointed by the Commission shall serve for two years, and the other judge and other steward shall serve for one year; thereafter appointments shall be for two years, except that any person appointed to fill a vacancy occurring prior to the expiration of a term shall serve only for the remainder of the term. An appointee may be removed by the Commission for cause. The racing secretary shall perform the necessary administrative functions and the judges and stewards shall officiate at horse races. In addition to other penalties provided for under this chapter, the judges and stewards, by three affirmative votes, may, without hearing, suspend the license of any person for the violation of any provision of this section or of any rules and regulations promulgated hereunder, for not more than three racing days, but not to exceed sixty days. The officials may also institute proceedings before the pertinent Commission for the impositions of fines or for revocations or suspension in excess of three racing days based upon charges of violation of this section or any rule or regulation. (d) Horses participating in horse races shall be examined before and immediately after the race or races in which they participate. A horse to which drugs have been administered or to which an electric battery or any similar device had been applied may not participate in any race during the program. The order of finish of a race may not be determined until after the post-race examination for electric batteries or any similar device. If the administration of a drug or application of an electric battery or any similar device to a horse is discovered after a race and before the order of finish is determined, the horse shall be disqualified. No prize, in cash or otherwise, may be awarded until after the necessary test and analyses for drugs have been completed. If after any such test the administration of a drug to a horse is discovered, the horse may not receive any such prize. (e) No person may be designated, appointed, or employed as a judge, steward, or in any capacity having to do with the enforcement or administration of this chapter, other than as a member of the Commission, who has any pecuniary interest, direct or indirect, in any horses registered for participation in horse races in the Virgin Islands. (f)  (1) Whoever— (A) having a horse entered in a horse race, or having in his custody or control such a horse, permits the administration of any drug, or the application of an electric battery or similar device to such horse, for the purpose of weakening or stimulating the animal, or (B) administers or causes to be administered any drug, or applies or causes to be applied an electric battery or similar device to a horse entered in a race for the purpose of weakening or stimulating the ability of the animal, shall be fined not more than $1,000 or imprisoned for not more than two years, or both. (2) In addition to the penalties provided for in subparagraph (1) of this subsection, the Virgin Islands Commission may (A) revoke any license granted under this section to any person violating the provisions of said subparagraph, after due notice and hearing as provided in subsection (b)(6) of this section, and (B) prohibit such person from entering or attempting to enter any racetrack, or facilities thereof, including stables, stalls, or stands. Any person who enters any such prohibited area in violation of any order of the Commission shall be guilty of a misdemeanor. (g) Any person affected by the orders, decisions, suspensions, or fines imposed by the Virgin Islands Commission, as the case may be, may appeal to the Superior Court of the Virgin Islands; provided, the appeals may not stay the effects of the orders, decisions, suspensions, and fines while the Court passes upon the appeal, except by specific order of the Court. In cases of fines, the person fined may neither register nor enter a horse in a race unless he deposits with the Virgin Islands Commission the amount of the fine, which shall be reimbursed to him if the determination of the court is favorable to him. All appeals shall be filed with the court within ten (10) days after notice has been served on the aggrieved person. (h) The members of the Virgin Islands Commission while acting within the scope of their duties as members of such Commission, shall not be subject to any personal or civil liability as a result of any of the Commission's actions taken pursuant to its duties and responsibilities, unless the conduct of the member or members is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. (i) The Virgin Islands Horse Racing Commission shall prepare quarterly and annual Profit & Loss Statements on horse races pursuant to this chapter. The quarterly and annual statements must include a profit and loss statement for each horse race held in the district of St. Croix and each horse race held in the district of St. Thomas-St. John under the Commission’s authority and must be made available to the appropriate Committee of jurisdiction within the Legislature of the Virgin Islands and the Department of Sports, Parks and Recreation.