reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1603 - Definitions

As used in this part 16, unless the context otherwise requires:
(1)
"Confidential information" means information related to the play of a fantasy contest by fantasy contest players obtained as a result of or by virtue of a person's employment.
(2)
"Director" means the director of the division of gaming or the director's designee.
(3)
"Entry fee" means cash or cash equivalents that are required to be paid by a fantasy contest player to a fantasy contest operator in order to participate in a fantasy contest.
(4)
"Fantasy contest" means a fantasy or simulated game or contest in which:
(a)
The value of all prizes and awards offered to winning participants is established and made known to the participants in advance of the contest;
(b)
All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of athletes in sporting events; and
(c)
Winning outcomes are not based on randomized or historical events or on the score, point spread, or any performance of any single actual sports team or combination of the teams or solely on any single performance of an individual athlete in any single actual sporting event.
(5)
"Fantasy contest operator" means a person or entity that offers fantasy contests with an entry fee for a cash prize to members of the public.
(6)
"Fantasy contest player" means a person who participates in a fantasy contest with an entry fee offered by a fantasy contest operator.
(7)
"Small fantasy contest operator" means a fantasy contest operator that has no more than seven thousand five hundred fantasy contest players in Colorado with active accounts who participate in fantasy contests with an entry fee.
Renumbered from C.R.S. §
12-125-103
and amended by 2020 Ch. 269,§ 2, eff. 7/10/2020.
L. 2020: Entire part added with relocations, (HB 20-1286), ch. 1305, p. 1305, § 2, effective July 10.
This section is similar to former § 12-125-103 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1604 - Rules

(1)
(a)
The director of the division of gaming shall promulgate reasonable rules for the administration and enforcement of this part 16, including rules governing the identification, licensing, and fingerprinting of applicants for licensure.
(b)
Repealed.
(2)
Repealed.
Renumbered from C.R.S. §
12-125-104
and amended by 2020 Ch. 269,§ 2, eff. 7/10/2020.
L. 2020: Entire part added with relocations, (HB 20-1286), ch. 1305, p. 1305, § 2, effective July 10.
(1) This section is similar to former § 12-125-104 as it existed prior to 2020.
(2) (a) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective December 15, 2020. On March 26, 2021, the revisor of statutes received the notice referred to in subsection (1)(b) related to the repeal. For more information about the repeal and notice, see HB 20-1286. ( L. 2020, p. 1305.)
(b) Subsection (2)(b) provided for the repeal of subsection (2), effective September 1, 2020. On March 26, 2021, the revisor of statutes received the notice referred to in subsection (2) related to the repeal. For more information about the repeal and notice, see HB 20-1286. ( L. 2020, p. 1305.)
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1605 - Registration

(1)
On and after September 1, 2020, an entity shall not operate as a small fantasy contest operator unless the entity is registered with the director. On and after September 1, 2020, an individual who is not operating through an entity shall not operate as a small fantasy contest operator unless the individual is registered with the director.
(2)
A small fantasy contest operator is subject to all of the provisions of this part 16; except that:
(a)
A small fantasy contest operator need only be registered, not licensed, in order to offer fantasy contests for a fee, and a small fantasy operator is subject to section
44-30-1606(3)
; and
(b)
The director shall:
(I)
Establish a registration process for small fantasy contest operators; and
(II)
Not initiate an investigation of a potential violation of this part 16 by a small fantasy contest operator except upon the filing of a complaint with the director that the director reasonably believes warrants investigation.
Renumbered from C.R.S. §
12-125-105
and amended by 2020 Ch. 269,§2, eff. 7/10/2020.
L. 2020: Entire part added with relocations, (HB 20-1286), ch. 1306, p. 1306, § 2, effective July 10.
This section is similar to former § 12-125-105 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1608 - Duty to maintain records

Each fantasy contest operator shall keep daily records of its operations and shall maintain the records for at least three years. The records must sufficiently detail all financial transactions to determine compliance with the requirements of this part 16 and must be available for audit and inspection by the director during the fantasy contest operator's regular business hours.
Renumbered from C.R.S. §
12-125-108
and amended by 2020 Ch. 269,§ 2, eff. 7/10/2020.
L. 2020: Entire part added with relocations, (HB 20-1286), ch. 1310, p. 1310, § 2, effective July 10.
This section is similar to former § 12-125-108 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1609 - Authorization to conduct fantasy contests

(1)
Fantasy contests are authorized and may be conducted by a fantasy contest operator at a licensed gaming establishment. A gaming retailer may conduct fantasy contests if the gaming retailer is licensed as a fantasy contest operator.
(2)
Fantasy contests are authorized and may be conducted by a fantasy contest operator at a licensed facility at which pari-mutuel wagering, as defined in section
44-32-102(18)
, may occur. An operator of a class B track, as defined in section
44-32-102(3)
, may conduct fantasy contests if the operator is licensed as a fantasy contest operator.
(3)
A fantasy contest conducted in compliance with this part 16 does not violate article 10 or 10.5 of title 18.
Renumbered from C.R.S. §
12-125-109
and amended by 2020 Ch. 269,§ 2, eff. 7/10/2020.
L. 2020: Entire part added with relocations, (HB 20-1286), ch. 1310, p. 1310, § 2, effective July 10.
This section is similar to former § 12-125-109 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1610 - Grounds for discipline

(1)
The director may suspend, revoke, or refuse to renew the license or registration of or impose an administrative fine against a licensee or registrant if the fantasy contest operator, including a small fantasy contest operator:
(a)
Violates any order of the director, any provision of this part 16, or the rules established under this part 16;
(b)
Fails to meet the requirements for licensure under this part 16; or
(c)
Uses fraud, misrepresentation, or deceit in applying for or attempting to apply for licensure or registration or otherwise in operating or offering to operate a fantasy contest.
(2)
If it appears to the director, based upon credible evidence as presented in a written complaint, that a person is operating or offering to operate a fantasy contest without having obtained a registration or license, the director may issue an order to cease and desist the activity. The director shall set forth in the order the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unauthorized practices immediately cease. Within ten days after service of the order to cease and desist pursuant to this subsection (2), the person may request a hearing on the question of whether acts or practices in violation of this part 16 have occurred. The hearing shall be conducted pursuant to section
24-4-105
by the hearings division of the department in accordance with section
44-30-1613
.
Amended by 2022 Ch. 405, § 6, eff. 8/10/2022.
Renumbered from C.R.S. §
12-125-110
and amended by 2020 Ch. 269, § 2, eff. 7/10/2020.
Renumbered from C.R.S. §
12-15.5-109
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Added by 2016 Ch. 358, § 1, eff. 8/10/2016.
L. 2020: Entire part added with relocations, (HB 20-1286), ch. 1310, p. 1310, § 2, effective July 10.
This section is similar to former § 12-125-110 as it existed prior to 2020.
2022 Ch. 405, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1611 - Civil fines

In addition to any other remedy provided by law, a fantasy contest operator, or an employee or agent thereof, who violates this part 16 is subject to a civil fine of not more than one thousand dollars for each such violation, which the state treasurer shall credit to the sports betting fund created in section
44-30-1509
. The director may file a civil action to collect the fine.
Renumbered from C.R.S. §
12-125-111
and amended by 2020 Ch. 269,§ 2, eff. 7/10/2020.
Renumbered from C.R.S. §
12-15.5-110
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2016 Ch. 358,§ 1, eff. 8/10/2016.
L. 2020: Entire part added with relocations, (HB 20-1286), ch. 1311, p. 1311, § 2, effective July 10.
This section is similar to former § 12-125-111 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1612 - Applicability

This part 16 applies to conduct occurring on or after September 1, 2020.
Renumbered from C.R.S. §
12-125-112
and amended by 2020 Ch. 269,§ 2, eff. 7/10/2020.
Renumbered from C.R.S. §
12-15.5-111
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2016 Ch. 358,§ 1, eff. 8/10/2016.
L. 2020: Entire part added with relocations, (HB 20-1286), ch. 1311, p. 1311, § 2, effective July 10.
This section is similar to former § 12-125-112 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 16 - FANTASY CONTESTS (§§ 44-30-1601 — 44-30-1613) › Section 44-30-1613 - Hearings

For the purposes of this part 16, administrative hearings shall be conducted by the hearings division of the department.
Added by 2022 Ch. 405,§7, eff. 8/10/2022.
2022 Ch. 405, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 17 - MEASURES TO PROMOTE RESPONSIBLE GAMING (§§ 44-30-1701 — 44-30-1703) › Section 44-30-1701 - Definitions

As used in this part 17, unless the context otherwise requires:
(1)
"Behavioral health administration" means the behavioral health administration established pursuant to section
27-60-203 (5)(a)
.
(2)
(a)
"Eligible applicant" means:
(I)
An agency of the state government;
(II)
A local government; and
(III)
Except as described in subsection (2)(b) of this section, a nonprofit organization.
(b)
"Eligible applicant" does not include a nonprofit organization or a public or private nonprofit foundation that is:
(I)
Affiliated with a person licensed under this article 30; or
(II)
Fundamentally opposed to gaming.
(3)
"Fund" means the responsible gaming grant program cash fund created in section
44-30-1702 (8)
.
(4)
"Grant program" means the responsible gaming grant program created in section
44-30-1702 (1)
.
(5)
"Local government" means a city, a county, or a city and county.
Added by 2022 Ch. 402, § 1, eff. 8/10/2022.
2022 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 31 - TRIBAL-STATE GAMING COMPACT (§§ 44-31-101 — 44-31-103) › Section 44-31-101 - Tribal-state gaming compact

In accordance with federal Indian gaming regulations in
25 U.S.C. sec. 2710(d)(3)(C)
, any Indian tribe having jurisdiction over the Indian lands upon which class III gaming activity is being conducted or is to be conducted shall request the governor of Colorado on behalf of this state to enter into negotiations for the purpose of entering into a tribal-state compact governing the conduct of gaming activities. Upon receiving a request, the governor shall negotiate, after consultation with the Colorado limited gaming control commission created in section
44-30-301
, with the Indian tribe in good faith to enter a compact.
Renumbered from C.R.S. § 12-47.2-101 and amended by 2018 Ch. 14,§ 3, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 236, § 3, effective October 1.
This section is similar to former § 12-47.2-101 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 31 - TRIBAL-STATE GAMING COMPACT (§§ 44-31-101 — 44-31-103) › Section 44-31-102 - Effective date of compact

The tribal-state compact entered into between the governor and an Indian tribe governing gaming activities on the Indian lands of the Indian tribe shall take effect when notice of approval of the compact by the secretary of the federal department of the interior has been published by said secretary in the federal register.
Renumbered from C.R.S. § 12-47.2-102 and amended by 2018 Ch. 14,§ 3, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 236, § 3, effective October 1.
This section is similar to former § 12-47.2-102 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 31 - TRIBAL-STATE GAMING COMPACT (§§ 44-31-101 — 44-31-103) › Section 44-31-103 - Provisions of compact

(1)
Any tribal-state compact entered into pursuant to section
44-31-101
may include, but shall not be limited to, the following provisions:
(a)
The application of the criminal and civil laws and regulations of the Indian tribe or of this state that are directly related to, and necessary for, the licensing and regulation of the activity;
(b)
The allocation of criminal and civil jurisdiction between this state and the Indian tribe necessary for the enforcement of the laws and regulations;
(c)
The assessment by this state of such activities in such amounts as are necessary to defray the costs of regulating such activity;
(d)
Taxation by the Indian tribe of the activity in amounts comparable to amounts assessed by this state for comparable activities;
(e)
Remedies for breach of contract;
(f)
Standards for the operation of the activity and maintenance of the gaming facility, including licensing; and
(g)
Any other subjects that are directly related to the operation of gaming activities.
(2)
It is the intent of the general assembly that the restrictions set forth in section 9 of article XVIII of the state constitution shall apply to limited gaming activities on tribal lands.
Renumbered from C.R.S. § 12-47.2-103 and amended by 2018 Ch. 14,§ 3, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 236, § 3, effective October 1.
This section is similar to former § 12-47.2-103 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 1 - GENERAL PROVISIONS (§§ 44-32-101 — 44-32-103) › Section 44-32-101 - Legislative declaration

(1)
The general assembly finds, determines, and declares that:
(a)
The provisions of this article 32 are enacted through the exercise of the police powers of this state for the protection of the health, peace, safety, and general welfare of the people of this state;
(b)
Horse racing is an inherently dangerous sport. Race horses weigh in excess of one thousand pounds, are almost six feet in height at the withers, and can run faster than thirty miles per hour. Horse racing brings significant physical risks to humans and horses. Jockeys and other persons working with horses have been injured before, during, and after horse races, occasionally resulting in death. As a result of these risks, it is crucial that persons working with horses in racing must at all times be free of any substances that might impair their judgement, reflexes, or ability to control a horse. Recent drug testing of horse racing licensees has shown instances of illegal drug use and consumption of alcohol in excess of statutory limitations, which could, therefore, endanger both human and equine participants. The most effective method of preventing alcohol and drug abuse and ensuring the safety of all persons and animals included in the sport of horse racing is to establish a program of alcohol and drug testing.
(c)
The purposes of this article 32 include:
(I)
Promoting racing and the recreational, entertainment, and commercial benefits to be derived therefrom;
(II)
Raising revenue for the general fund;
(III)
Establishing high standards of sport and fair play;
(IV)
Protecting the health and safety of all participants, human and animal, involved in racing events both on and off the racetrack; and
(V)
Fostering honesty and fair dealing in the racing industry.
(2)
This article 32 shall be liberally construed for all the stated purposes in this section.
Amended by 2018 Ch. 129,§ 1, eff. 4/12/2018.
Renumbered from C.R.S. § 12-60-101 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire section amended, (SB 18-172), ch. 129, p. 850, § 1, effective April 12; entire article added with relocations, (HB 18-1024), ch. 26, p. 286, § 2, effective October 1.
(1) This section is similar to former § 12-60-101 as it existed prior to 2018.
(2) This section was numbered as § 12-60-101 in SB 18-172. That section was harmonized with and relocated to this section as this section appears in HB 18-1024.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 1 - GENERAL PROVISIONS (§§ 44-32-101 — 44-32-103) › Section 44-32-103 - Division and commission subject to termination

The provisions of section
24-34-104
concerning the termination schedule for regulatory bodies of the state, unless extended as provided in that section, are applicable to the division of racing events created by section
44-32-201
and the Colorado racing commission created by section
44-32-301
.
Renumbered from C.R.S. § 12-60-103 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 290, § 2, effective October 1.
This section is similar to former § 12-60-103 as it existed prior to 2018.
For the repeal date of this article 32, see § 44-32-901.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 2 - DIVISION OF RACING EVENTS (§§ 44-32-201 — 44-32-205) › Section 44-32-201 - Division of racing events - creation - representation - rules

(1)
The division of racing events is created in the department, the head of which is the director of the division of racing events. The director is appointed by, and may be removed by, the executive director. The division of racing events, the Colorado racing commission created in section
44-32-301
, and the director of the division of racing events are
type 2
entities, as defined in section
24-1-105
, and exercise their respective powers and perform their respective duties and functions as specified in this article 32 under the department; except that the commission has full and exclusive authority to promulgate rules related to racing without any approval by, or delegation of authority from, the department.
(2)
The division shall make investigations and shall request the commission or the district attorney of any district, as appropriate, to prosecute, on behalf of and in the name of the division, suits and proceedings for any of the purposes necessary and proper for carrying out the functions of the division.
Amended by 2022 Ch. 469,§36, eff. 8/10/2022.
Amended by 2019 Ch. 390,§68, eff. 8/2/2019.
Renumbered from C.R.S. § 12-60-201 and amended by 2018 Ch. 26,§2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 290, § 2, effective October 1.
This section is similar to former § 12-60-201 as it existed prior to 2018.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 2 - DIVISION OF RACING EVENTS (§§ 44-32-201 — 44-32-205) › Section 44-32-203 - Investigators - peace officers

(1)
All investigators of the division of racing events, including the director and the executive director, shall for purposes of enforcement of this article 32 be considered peace officers as described in sections
16-2.5-101
and
16-2.5-126
.
(2)
Nothing in this section shall be construed to prohibit local sheriffs, police departments, and other local law enforcement agencies or the Colorado bureau of investigation from enforcing the provisions of this article 32 or rules promulgated pursuant to this article 32, or from performing their other duties to the full extent permitted by law. All such sheriffs, police officers, district attorneys, other local law enforcement agencies, or the Colorado bureau of investigation shall have all the powers set forth in subsection (1) of this section.
Renumbered from C.R.S. § 12-60-203 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 292, § 2, effective October 1.
This section is similar to former § 12-60-203 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 2 - DIVISION OF RACING EVENTS (§§ 44-32-201 — 44-32-205) › Section 44-32-204 - Board of stewards or judges

The division shall establish a board of three stewards or judges to assist in supervising the conduct of any race meet. Two members of the board of stewards or judges shall be employees of the division. The remaining member shall be an employee of the track at which the race meet is held, shall be subject to the approval of the commission, and may be removed by the commission at any time for any reason that the commission deems good and sufficient.
Renumbered from C.R.S. § 12-60-204 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 293, § 2, effective October 1.
This section is similar to former § 12-60-204 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 2 - DIVISION OF RACING EVENTS (§§ 44-32-201 — 44-32-205) › Section 44-32-205 - Racing cash fund

(1)
The racing cash fund is hereby established in the state treasury. Subject to appropriation by the general assembly, the division shall use the money in the racing cash fund for the direct and indirect costs of administering this article 32.
(2)
Money in the racing cash fund at the end of any fiscal year shall remain in the racing cash fund and shall not revert to the general fund or any other fund. The racing cash fund shall be maintained in accordance with section
24-75-402
.
Renumbered from C.R.S. § 12-60-205 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 293, § 2, effective October 1.
This section is similar to former § 12-60-205 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 3 - COLORADO RACING COMMISSION (§§ 44-32-301 — 44-32-302) › Section 44-32-302 - Organization and officers - duties - representation

(1)
All money payable to and collected by the department through the division shall be transmitted to the state treasurer. The state treasurer shall credit the same to the general fund except for the money required by this article 32 to be deposited in the racing cash fund.
(2)
The commission shall maintain an office within the state and shall keep detailed records of all its meetings and of all the business transacted and of all the collections and disbursements. Publications of the commission circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section
24-1-136
.
(3)
The attorney general shall provide legal services for the division and the commission at the request of the executive director, the director, or the commission. The attorney general shall make reasonable efforts to ensure that there is continuity in the legal services provided and that the attorneys providing legal services to the division and the commission have expertise in the field.
Renumbered from C.R.S. § 12-60-302 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 294, § 2, effective October 1.
This section is similar to former § 12-60-302 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 4 - CONFLICT OF INTEREST (§ 44-32-401) › Section 44-32-401 - Director and commission members - position of trust - conflicts of interest - definition

(1)
Appointment to the commission or to the position of director or employment in the division of racing events is a position of public trust, and therefore, in order to ensure the confidence of the people of the state in the integrity of the division and the commission, the director and members of the commission and the employees of the division are subject to this section. While serving as director or as a member of the commission or while employed by the division, no person nor any member of the person's immediate family shall:
(a)
Hold any pecuniary interest in any racetrack operating within the state of Colorado nor in any stable, compound, or farm that houses animals licensed or registered to race within the state of Colorado;
(b)
Wager money or any other chattel of value on the result of any race or race meet or sweepstakes conducted within the state of Colorado or conducted outside the state and simulcast into the state;
(c)
Hold any pecuniary interest in any out-of-state host track or derive any pecuniary benefit from the racing of any animal at the track;
(d)
Hold more than a five percent interest in any entity doing business with a track; or
(e)
Have any interest of any kind in a license issued pursuant to this article 32, nor have any interest, direct or indirect, including employment, in any licensee, licensed premises, establishment, or business involved in or with pari-mutuel wagering.
(2)
Failure to comply with the provisions of this section shall be grounds for removal from office.
(3)
For purposes of this section, "immediate family" means a person's spouse and any children actually living with the person.
Renumbered from C.R.S. § 12-60-401 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
Amended by 2014 Ch. 25,§ 2, eff. 3/10/2014.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 295, § 2, effective October 1.
This section is similar to former § 12-60-401 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-502 - Delegation of authority to issue certain licenses and registrations - rules

The commission shall delegate to the division the authority to issue all business and occupational licenses and registrations contemplated in this article 32, and shall promulgate rules containing standards for the delegation. The commission shall not delegate its duty to issue or renew race meet licenses.
Renumbered from C.R.S. § 12-60-502 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 297, § 2, effective October 1.
This section is similar to former § 12-60-502 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-504 - Business licenses

(1)
Every application for a business license, excluding applications for initial or renewal race meet licenses pursuant to sections
44-32-505
and
44-32-512
, shall be made under oath and filed with the commission and shall set forth the information as the rules of the commission may require in connection with the application.
(2)
To determine whether a license shall be granted, the commission shall have the right to examine the financial and other records of the applicant and to compel the production of records and documents.
(3)
The commission has discretion to grant or deny a business license if it finds that any applicant or any of the directors, officers, or original stockholders of a corporate applicant have violated any of the provisions of this article 32 or any rules of the commission, or failed to pay any of the sums required under this article 32, or as it determines, from the application, the character, financial ability, and experience of each individual applicant or the officers and director of each corporate applicant to be for the best interests of the state and the racing industry.
(4)
When conducting investigations pursuant to this section, to the extent possible, the commission shall utilize investigative information of other state racing jurisdictions. The commission may investigate an existing licensee who is seeking to acquire ownership of another existing license.
(5)
Any unexpired license held by any person who has been convicted by the commission of violating any of the provisions of this article 32 or any rule of the commission, or who has willfully or fraudulently made any false statement in any application for a license, or who fails to pay to the commission any and all sums required under the provisions of this article 32 is subject to cancellation or revocation by the commission.
(6)
The commission shall have the power to issue subpoenas for the appearance of persons and the production of documents and other things in connection with applications before the commission or in the conduct of investigations.
Renumbered from C.R.S. § 12-60-504 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 298, § 2, effective October 1.
This section is similar to former § 12-60-504 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-506 - Application - fee - waiver of confidentiality

(1)
In connection with the issuance of licenses or registrations, the commission shall establish investigation and application fees, which fees shall be credited to the racing cash fund created in section
44-32-205
.
(2)
The application form created by the commission shall include a waiver of any right of confidentiality and a provision that allows the information contained in the application to be accessible to law enforcement agents of this or any other state or the government of the United States. The waiver of confidentiality shall extend to any financial or personnel record, wherever maintained.
Renumbered from C.R.S. § 12-60-506 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
Amended by 2013 Ch. 19,§ 1, eff. 7/1/2013.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 301, § 2, effective October 1.
This section is similar to former § 12-60-506 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-508 - License - mandatory disqualification - criteria

(1)
The commission shall deny a license to any applicant on the basis of any of the following criteria:
(a)
Failure of the applicant to prove by clear and convincing evidence that the applicant is qualified in accordance with the provisions of this article 32;
(b)
Failure of the applicant to provide information, documentation, and assurances required by this article 32 or requested by the commission, failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria;
(c)
Conviction of the applicant, or any of its officers or directors, or any of its general partners, or any stockholders, limited partners, or other persons having a financial or equity interest of five percent or greater in the applicant, of any of the following:
(I)
Any gambling-related offense or theft by deception;
(II)
Any crime involving fraud or misrepresentation committed within ten years prior to the date of the application, notwithstanding the provisions of section
24-5-101
;
(d)
Current prosecution or pending charges in any jurisdiction against the applicant, or against any person listed in subsection (1)(c) of this section, for any of the offenses enumerated in subsection (1)(c) of this section; except that, at the request of the applicant or the person charged, the commission shall defer decision upon the application during the pendency of the charge.
Renumbered from C.R.S. § 12-60-507.5 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 304, § 2, effective October 1.
This section is similar to former § 12-60-507.5 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-509 - Hearings - review - rules

(1)
Except as otherwise provided in this section, all proceedings before the commission with respect to the denial, suspension, or revocation of licenses or the imposition of fines shall be conducted pursuant to the provisions of sections
24-4-104
and
24-4-105
.
(2)
The proceedings shall be held in the county where the commission has its office or in such other place as the commission may designate. The commission shall notify the applicant or licensee by mailing by first-class mail a copy of the written notice required to the last address furnished by the applicant or licensee to the commission.
(3)
(a)
The commission may delegate its authority to conduct hearings and impose discipline with respect to the denial or suspension of licenses or the imposition of a fine to the division, through its board of stewards or judges, or a hearing officer. Proceedings before the division, through its board of stewards or judges, or a hearing officer shall not be governed by the procedural or other requirements of sections
24-4-104
and
24-4-105
, but rather shall be conducted in accordance with rules adopted by the commission.
(b)
The commission may direct that any hearing be conducted before an administrative law judge appointed pursuant to part 10 of article
30
of title
24
.
(4)
The commission, the division, through its board of stewards or judges, and any hearing officer shall have the authority to administer oaths and affirmations, sign and issue subpoenas and order the production of documents and other evidence, and regulate the course of the hearing, pursuant to rules adopted by the commission.
(5)
Any party aggrieved by a final order or ruling issued by the division, through its board of stewards or judges, or a hearing officer shall have a right to appeal the order or ruling to the commission, pursuant to procedural rules that shall be adopted by the commission. The aggrieved party may petition the commission for a stay of execution pending appeal to the commission.
Renumbered from C.R.S. § 12-60-508 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 304, § 2, effective October 1.
This section is similar to former § 12-60-508 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-510 - Liability insurance - bond for race meets

(1)
For the protection of the public and the exhibitors, contestants, and visitors, every person licensed to conduct a race meet under the provisions of this article 32 shall carry public liability insurance in the form of a contract and with a company to be approved by the commission.
(2)
An organization representing the majority of the owners of racing animals participating in any race meet may require the licensee conducting the race meet to provide and deliver to the commission evidence of a bond signed by a surety company authorized to do business in this state, in an amount sufficient to cover all awards and purses due to the contestants at the race meet and conditioned that the licensee will pay and discharge all obligations to the contestants in connection with the race meet.
Renumbered from C.R.S. § 12-60-509 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
Amended by 2014 Ch. 25,§ 5, eff. 3/10/2014.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 305, § 2, effective October 1.
This section is similar to former § 12-60-509 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-511 - Racing of standardbred harness horses

(1)
Notwithstanding any other provision of this article 32 to the contrary, the commission shall grant licenses to conduct the racing of standardbred harness horses pursuant to the provisions of this article 32 and in accordance with subsections (2) and (3) of this section.
(2)
The licenses granted may be issued to conduct not more than three race meets in any one year at a racetrack specifically designed and used for the racing of no animals other than standardbred harness horses, but the race meets may not be held on the same dates as race meets authorized by the commission for animals other than standardbred harness horses that are held within forty miles of the track licensed for the racing of standardbred harness horses. In addition, licenses may be issued by the commission to conduct three race meets for the racing of standardbred harness horses in any one year at any racetrack at which horse race meets are held and that is not within forty miles of any other racetrack licensed for the racing of horses or the racing of standardbred harness horses.
(3)
No tracks licensed for the racing of standardbred harness horses may be located within forty miles of one another, but the tracks may be located within forty miles of any track licensed for the racing of animals other than standardbred harness horses subject to the limitations in subsection (2) of this section.
(4)
The provisions of subsection (3) of this section shall not restrict the right of a county to conduct extended standardbred harness horse race meets, upon being licensed by the commission, at a county fairground if the race meets are not within fifteen miles of any racetrack licensed in Colorado for the racing of horses.
Renumbered from C.R.S. § 12-60-510 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 305, § 2, effective October 1.
This section is similar to former § 12-60-510 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-513 - Division of racing events - access to records

The division, for purposes of this article 32, shall have full authority to procure, at the expense of the division, any records furnished to or maintained by any law enforcement agency in the United States, including state and local law enforcement agencies in Colorado and other states for the purposes of carrying out its responsibilities. Upon request from the Colorado bureau of investigation, the division shall provide copies of any and all information obtained pursuant to this part 5.
Renumbered from C.R.S. § 12-60-512 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 308, § 2, effective October 1.
This section is similar to former § 12-60-512 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-514 - [Effective until 10/1/2024] Payments of winnings - intercept

Before making a payment of cash winnings from pari-mutuel wagering on horse or greyhound racing for which the licensee is required to file form W-2G, or a substantially equivalent form, with the United States internal revenue service, the licensee shall comply with the requirements of article
33
of this title 44.
Renumbered from C.R.S. § 12-60-513 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
Amended by 2018 Ch. 15, § 6, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 308, § 2, effective October 1; entire section amended, (SB 18-035), ch. 15, p. 259, § 6, effective October 1.
(1) This section is similar to former § 12-60-513 as it existed prior to 2018.
(2) This section was numbered as § 12-60-513(1) in SB 18-035. That provision was harmonized with and relocated to this section as this section appears in HB 18-1024.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 5 - LICENSING AND REGISTRATION (§§ 44-32-501 — 44-32-514) › Section 44-32-514 - [Effective 10/1/2024] Payments of winnings - intercept

Before making a payment of cash winnings from pari-mutuel wagering on horse racing for which the licensee is required to file form W-2G, or a substantially equivalent form, with the United States internal revenue service, the licensee shall comply with the requirements of article 33 of this title 44.
Amended by 2023 Ch. 339,§ 3, eff. 10/1/2024.
Renumbered from C.R.S. § 12-60-513 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
Amended by 2018 Ch. 15, § 6, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 308, § 2, effective October 1; entire section amended, (SB 18-035), ch. 15, p. 259, § 6, effective October 1.
(1) This section is similar to former § 12-60-513 as it existed prior to 2018.
(2) This section was numbered as § 12-60-513(1) in SB 18-035. That provision was harmonized with and relocated to this section as this section appears in HB 18-1024.
2023 Ch. 339, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 6 - UNLAWFUL ACTS (§§ 44-32-601 — 44-32-605) › Section 44-32-601 - Underage wagering

(1)
No person under the age of eighteen years shall purchase, redeem, or attempt to purchase or redeem any pari-mutuel ticket.
(2)
No person shall sell any pari-mutuel ticket to a person under the age of eighteen years.
(3)
Any person who violates this section commits a civil infraction.
Amended by 2021 Ch. 462, § 798, eff. 3/1/2022.
Renumbered from C.R.S. § 12-60-601 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18 -1024), ch. 308, p. 308, § 2, effective October 1. L. 2021: (3) amended, (SB 21-271), ch. 3331, p. 3331, § 798, effective 3/1/2022.
(1) This section is similar to former § 12-60-601 as it existed prior to 2018.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).