Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 165.31 - Occupational and participation licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No person or entity shall participate in
				  the affairs of any corporation licensed by the Commission as director, officer,
				  agent, employe or as the owner or holder of more than 10% interest of such
				  license without first receiving a license from the Commission. "Ownership" or
				  the "holding of an interest," shall be deemed to include a legal or equitable
				  interest involving the right to receipt of any profit, gain or other form of
				  benefit or right of dominion arising from rights or proxy or other forms of
				  voting control, straw, nominee, or dummy holdings, participation in voting
				  trusts, shareholder agreements or pools, the holding of options, security
				  interests, or assignments, pledges, redemptions or all rights of any other
				  similar, direct or choate nature.
(b) No person shall participate in any
				  thoroughbred horse race meet as a racing official, owner, trainer, assistant
				  trainer, or in any other occupation as listed in §§
										163.51-163.54, of otherwise or be the
				  holder of any concession, or be an employe of a concessionaire, unless such
				  person shall first have received a license from the Commission.
(c) Each corporation licensed by the
				  Commission to conduct thoroughbred horse race meets shall prevent any person
				  not holding an occupational or participation license from doing or performing
				  any act or acts at the track maintained by such licensee or at which it
				  conducts its meets, and it shall be the responsibility of the licensee to
				  exclude any undesirable persons if directed by the Commission, or its
				  representatives.
(d) Each
				  occupational or participation license shall be for the period ending December
				  thirty-first of the year in which the same shall be issued: provided, however,
				  that the Commission may, pending final determination of any question, issue a
				  temporary license upon such terms and conditions it may deem necessary,
				  desirable or proper to effectuate the provisions of the act.
(e) An application for an occupational or
				  participation license shall be made upon a form supplied by the Commission and
				  shall be executed in the manner prescribed by the Commission. The Commission
				  may issue written instructions as to the preparation and execution of
				  applications for such licenses which instructions may be a part of, or separate
				  from, the application form. Failure to comply with any such instructions shall
				  be grounds for denial, suspension or revocation of such license.
(f) Each applicant for an occupational or
				  participation license shall pay to the Commission such annual license fee as
				  shall from time to time be prescribed by statute, rule or order. The fee shall
				  be paid at the time of the filing of the application. No application for any
				  license shall be accepted by the Commission unless accompanied by such
				  necessary fee.
(g) Should such
				  licensee lose a license or should such license be destroyed, such licensee may
				  apply for a duplicate license by filing an affidavit on a form supplied by the
				  Commission and the payment of a fee of $1.
This section cited in 58 Pa. Code §
												165.56 (relating to affidavit of
						beneficial owners other than a registered
						stockholder).