reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › CONSTRUCTION AND AMENDMENTS OF RULES › Section 183.511 - Construction and amendments of rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The provisions of this part are intended
				  to aid the efficient operation of the Commission and the orderly administration
				  of the law. They shall be liberally construed for the accomplishment of these
				  purposes and may be waived or suspended by the Commission at any time and in
				  any proceeding unless such action results in depriving a party of substantial
				  rights.
(b) Any rule or regulation
				  may be amended or rescinded by the Commission at any time in accordance with
				  law.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter A - PENALTIES AND LIABILITIES › Section 185.1 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Liability.
Any person or association licensed by the
				  Commission, or any person or association subject to the jurisdiction of the
				  Commission violating any of its rules or regulations shall be liable to the
				  penalties herein provided, unless otherwise limited in and by the rules and
				  regulations of the Commission.
(b)
Attempt to violate.
Any attempts to violate the law or any of
				  the rules and regulations of the Commission falling short of actual
				  accomplishment, shall constitute an offense and shall be punishable as if
				  consummated.
(c)
Penalties.
Penalties may include the following:
(1) The penalties for violation of the law or
				  the rules of the Commission shall be as follows:
(i) Denial, revocation or suspension of
				  license.
(ii) Monetary fines not
				  exceeding $5,000 for each violation.
(iii) Suspension from one or more activities
				  at one or more tracks.
(iv)
				  Expulsion from harness racing in Pennsylvania.
(v) Forfeiture of purse.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.11 - License required to conduct harness race meets with pari-mutuel wagering

Current through Register Vol. 54, No. 28, July 13, 2024
No association organized pursuant to the State Harness
					 Racing Act shall conduct any harness horse race meet with pari-mutuel wagering
					 except on obtaining a license from the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.12 - Location of plant

Current through Register Vol. 54, No. 28, July 13, 2024
No association shall conduct any harness horse race meet
					 except at the location designated in the license awarded by the Commission
					 provided, however, that this restriction shall not apply to any association
					 whose plant or the usefulness thereof or of any material part thereof be
					 totally destroyed or so substantially damaged as to render it unfit for
					 continued operation in which case, the Commission may in its discretion permit
					 the association to conduct its meetings at another suitable location in the
					 same county or in any other county in which a plant may be located pending the
					 rebuilding or restoration of the plant so destroyed or
					 damaged.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.13 - Filing of information concerning stock transfers

Current through Register Vol. 54, No. 28, July 13, 2024
Where in every case provided for under section 4 of the
					 State Harness Racing Law (15 P. S. §
											2604) duplicate affidavits are filed with an
					 association relating to the issue or transfer of stock, the association shall
					 within 10 days after receipt of such affidavits file one of each of the
					 duplicate affidavits received by it with the Commission. If the Commission
					 determines that it is inconsistent with the public interest, convenience, or
					 necessity, or with the best interest of racing generally, that any person,
					 association or corporation continue to be a stockholder of record or the
					 beneficial owner of any interest in stock standing in the name of another, the
					 Commission shall order each such stockholder or beneficial owner to dispose of
					 his stock or interest therein within a period of time specified by the
					 Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.14 - Number of racing days

Current through Register Vol. 54, No. 28, July 13, 2024
No association shall be licensed to conduct harness horse
					 racing with pari-mutuel wagering for more than 62 days in any calendar year.
					 The Commission shall approve the dates and hours during which the association
					 may conduct such racing. Where a race program is cancelled under §
										185.256 (relating to number of
					 races) before racing day shall not be computed as within the 62 days
					 limitation.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.15 - Application for license

Current through Register Vol. 54, No. 28, July 13, 2024
Applications for licenses and applications for renewal of
					 licenses to conduct harness horse race meetings with pari-mutuel wagering shall
					 be made annually to the Commission on forms provided by the Commission and at a
					 time not later than a date designated by the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.16 - Issuance of license

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of an application satisfactory in form and
					 substance to the Commission, the Commission shall grant its license for a term
					 of days during the current year during which the applicant may conduct harness
					 horse racing with pari-mutuel wagering. Such license shall specify the place
					 where and the hours of the day or night during which racing and pari-mutuel
					 wagering shall be held. The term of the license shall end not later than the
					 15th day of November next succeeding the granting thereof. In issuing a
					 license, the Commission will among other things, give consideration to the
					 number of licenses granted; the character, experience and general fitness of
					 the officers, directors, members or stockholders, persons having a beneficial
					 ownership therein; the corporation, if any, owning stock in or which shares in
					 the profits or participates in the management of the affairs of the applicant,
					 or which leases to such applicant the plant where it shall operate; the
					 financial responsibility of the applicant; plant facilities; location of plant;
					 equipment to be used in the plant; the personnel to be employed by applicant;
					 policy plans; the public interest, convenience or necessity and the best
					 interests of racing generally. The Commission will furthermore give
					 consideration to all of the answers made by the applicant to questions
					 contained in the application, the substance of which is incorporated in this
					 chapter by reference thereto and to all oral interviews conducted with the
					 applicant.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.17 - Knowledge of rules

Current through Register Vol. 54, No. 28, July 13, 2024
All associations are required, with their officers and
					 employes to be responsible for the conduct of their meetings and to make
					 certain that all officers and employes are thoroughly familiar with the
					 provisions of the pertinent law and the rules and regulations of the Commission
					 and the Department of Revenue.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.18 - Stock certificates

Current through Register Vol. 54, No. 28, July 13, 2024
Each certificate of stock issued by any association, firm
					 or corporation participating in the management of any association, and all
					 other corporations licensed by the Commission shall have noted on the face of
					 such stock certificate that the person whose name is indicated as the owner of
					 the shares of stock represented by such certificate is the sole and absolute
					 owner thereof and that he is not holding the shares of stock or any portion of
					 the shares of stock represented by said certificate in trust for any person,
					 partnership, firm or corporation whatsoever who or which is prohibited by this
					 act from owning such shares of stock. If any of the shares of stock represented
					 by a certificate of stock are held subject to the terms of either an inter
					 vivos or testamentary trust for the benefit of any person who could lawfully
					 own such stock in his own name such fact shall be so noted on the face of the
					 certificate and a copy of the instrument which created the trust shall be
					 attached thereto. A duplicate copy of the instrument which created the trust
					 shall be filed by the licensee with the Commission. Every certificate of stock
					 of any licensee as defined in this chapter must also bear the legend plainly
					 and prominently imprinted on the face of the certificate: "This certificate of
					 stock is transferable subject to the provisions of the Harness Racing Law and
					 the Rules and Regulations promulgated thereunder."
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.20 - Financial reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  association must maintain separate general ledgers and books of original
				  entries for each calendar or fiscal year. The following financial reports must
				  be submitted to the Commission at the close of each racing meet of the
				  association and at the close of the fiscal year of the association:
(1) Statement of Assets and
				  Liabilities.
(2) Statement of
				  Profit and Loss and Surplus.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.21 - Reports

Current through Register Vol. 54, No. 28, July 13, 2024
All associations are required to submit to the Commission
					 the following:
(1) Copies of weekly
				  payrolls of all personnel employed at the track during the race meeting,
				  including the state license number, if any, address and title of each
				  employe.
(2) Copies of all written
				  contracts and agreements and a summary of all verbal contracts and
				  agreements.
(3) List of
				  stockholders annually, or as the Commission may require.
(4) List of officers and directors and
				  compensation paid to each or as the Commission may require. The Commission
				  shall be notified forthwith of any change in the officers, stockholders and
				  directors of an association.
This section cited in 58 Pa. Code §
												185.22 (relating to filing of
						agreements and approval of
						contracts).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.22 - Filing of agreements and approval of contracts

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the reports required under §
										185.21 (relating to reports),
					 every association shall promptly, after entering into any lease agreement
					 concerning any concession or any agreement regarding labor management, hiring
					 of officers, employes, contractors or any such other contract, agreement or
					 arrangements as the Commission may from time to time prescribe, file with the
					 Commission a true and correct copy or an accurate summary, if oral, thereof. No
					 contract may be entered into by any association with any third persons,
					 including individuals, partnerships, corporations, profit or nonprofit
					 unincorporated associations, or any combination of the above, without approval
					 of the contract by the Commission. In the event approval of the contract is not
					 obtained by the association prior to its execution, the contract shall contain
					 a provision which states that the contract will not be operative unless
					 approved by the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.23 - Night racing

Current through Register Vol. 54, No. 28, July 13, 2024
At all meets held at night, the post time of the last heat
					 or race shall be not later than 11:55 p. m. prevailing time. At that hour,
					 regardless of the completion of the program, the Presiding Judge shall cause
					 the machines or other devices used for wagering to be locked. Associations
					 shall provide a lock control in the Judges stand for that purpose. No racing
					 shall be authorized or permitted on a Sunday.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.24 - Admission of minors

Current through Register Vol. 54, No. 28, July 13, 2024
Minors under 21 years of age shall not be admitted to the
					 track. Any minor legally employed by any association, concessionaire or other
					 person duly licensed by the Commission shall be admitted to the track for the
					 sole purpose of performing his duties as an employe. A minor, accompanying a
					 parent or natural guardian who is also a licensee and whose employment requires
					 him to be present in the stable or paddock area, shall be admitted to the
					 stable or paddock area with such licensee. In no event shall such minor be
					 permitted to wager upon any race nor shall such miner be permitted to be in the
					 area of the track other than that area in which his duties are to be performed.
					 All associations licensed by the Commission shall be responsible for
					 establishing the administrative and security procedures necessary to enforce
					 the provisions of this subchapter at the tracks operated by them. Every
					 licensee employing any minor shall be required to establish procedures
					 necessary to assure compliance with the provisions of this subchapter by any
					 minor employed by such licensee.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.25 - Passes

Current through Register Vol. 54, No. 28, July 13, 2024
An association shall not issue free passes, cards or badges
					 except to officers and employes of the association; members, officers and
					 employes of the Commission; members of Harness Racing Commissions of other
					 states and foreign countries; officers and directors of The United States
					 Trotting Association; public officers engaged in the performance of their
					 duties; persons actually employed and accredited by the press to attend such
					 meetings; owners, stable managers, trainers, drivers, concessionaires and other
					 persons whose actual duties require their presence at the track. A list of all
					 persons to whom free passes, cards or badges are issued shall be filed with the
					 Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.26 - Telephones

Current through Register Vol. 54, No. 28, July 13, 2024
All public telephones on the grounds of an association
					 shall be padlocked with the opening of the pari-mutuel windows for the sale of
					 daily double tickets. Each association shall provide ample telephone facilities
					 upon the plant grounds. No public telephone calls shall be made or received
					 after the public telephones are closed until after the last race of the program
					 has been completed except by officials of the Commission and officials of the
					 Department of Revenue in pursuance of their duties at the track or by special
					 permission of the Executive Secretary of the Commission or Presiding Judge, in
					 which case such calls shall be made in the presence of a racing official or an
					 official of the association.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.27 - Employes of an association

Current through Register Vol. 54, No. 28, July 13, 2024
At least 85% of the persons, exclusive of racing officials,
					 employed each day in the operation of a track conducting pari-mutuel wagering
					 shall be citizens of the United States of America and residents of the
					 Commonwealth of Pennsylvania for at least 2 years immediately prior to the
					 commencement of their employment at the track and every employe shall be
					 required to execute and submit to the association by which he is employed, a
					 duly verified affidavit setting forth his qualifications pursuant to this
					 section.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.28 - Concessionaires

Current through Register Vol. 54, No. 28, July 13, 2024
Any person, firm, association or group who holds any
					 concession, right or privilege to perform any service or sell any article at
					 any association track must submit to the Commission a copy of each report,
					 advice or other document which that person, firm, association or group
					 furnishes or is required to furnish to the association in order to substantiate
					 any commission, rentals, service fees and similar financial or other
					 arrangements between the parties.
(b)
				  Any person, firm, association or group operating a concession, performing any
				  service or selling any article at more than one association track must submit
				  separate reports of his operation at each track.
(1)
Financial statements.
Financial statements shall be submitted as follows:
(i) At the end of each meet such person,
				  firm, association or group shall prepare and send to the Commission a record of
				  its operations at the track in the form of a Profit and Loss Statement. Such
				  report shall show the gross revenues derived from the meeting, as well as all
				  expenses paid or accrued during the same period. Income and expense items must
				  be shown in detail in such reports; must be verified by at least two of the
				  principal officers of the firm, association or group, if an association or
				  group, and by one or more owners or proprietors thereof if not an association
				  or group. Such report must be filed with the Commission within 30 days after
				  the end of each individual meet.
(ii) Within 75 days after the end of its
				  calendar or fiscal year all such persons, firm, association or group, shall
				  submit to the Commission, verified financial statements, including a Balance
				  Sheet and a Statement of Profit and Loss, showing the combined operations for
				  that year and the results of such operations for each specific harness racing
				  meet at which he, they, or it conducted business during the year.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.29 - Occupational and participation licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may not participate in the
				  affairs of an association as director, officer, agent or employe of the
				  association without first receiving a license from the Commission.
(b) A person may not participate in a harness
				  horse race meet as a racing official, owner, driver, trainer, assistant
				  trainer, groom or be the holder of a concession or be an employe of a
				  concessionaire unless the person has first received a license from the
				  Commission.
(c) An association
				  shall prevent a person not holding an occupational or participation license
				  from doing or performing an act at the track maintained by the association and
				  it shall be the responsibility of the association to exclude undesirable
				  persons if directed by the Commission.
(d) An occupational or participation license
				  shall be for the period of 1 year from April first of the year in which the
				  same is issued; provided, however, that the Commission may, pending final
				  determination of a question, issue a temporary license upon the terms and
				  conditions it deems necessary and desirable.
(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 the licenses which instructions may be a part of or separate
				  from the application form. Failure to comply with the instructions are grounds
				  for denial, suspension or revocation of the license.
(f) Each applicant for an owner's, trainer's,
				  driver's or veterinarian's license or a combination thereof, shall pay to the
				  Commission an annual license fee of $5. Applicants for other occupational or
				  participation licenses shall pay to the Commission an annual license fee of $1.
				  The fee shall be paid at the time of the filing of the application. An
				  application for a license shall be accepted by the Commission unless
				  accompanied by the necessary fee.
(g) If a licensee loses a license or if the
				  license is destroyed, the 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 §
												189.41 (relating to facility
						requirements).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.30 - Information

Current through Register Vol. 54, No. 28, July 13, 2024
Every association shall furnish to the Commission initially
					 and immediately upon any change with regard thereto, the name, address and
					 experience of the following employes:
(1) General manager.
(2) Pari-mutuel manager.
(3) Race secretary.
(4) Program director.
(5) Clerk of the course.
(6) Track superintendent.
(7) Publicity director.
(8) Race announcer.
(9) Concession manager.
(10) Admission manager.
(11) Parking superintendent.
(12) Stable superintendent.
(13) Chief security officer.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.31 - Prohibition of interest by public officers, public employes, party officers in pari-mutuel racing activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  As used in this section, the following terms have the following meanings:
(1)
Public officer
-A person
				  elected to a public office of the Commonwealth or a political subdivision
				  thereof.
(2)
Public
				  employe
-A person employed by the Commonwealth or a political
				  subdivision thereof.
(3)
Party officer
-The following members or officers of a political
				  party:
(i) A member of a National
				  committee.
(ii) A chairman,
				  vice-chairman, secretary, treasurer or counsel of a State committee or member
				  of the executive committee of a State committee.
(iii) A county chairman, vice-chairman,
				  counsel, secretary or treasurer of a county committee.
(iv) A city chairman, vice-chairman, counsel,
				  secretary or treasurer of a city committee.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.32 - Refusal to issue, suspension and revocation of association license

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may refuse to grant a license may suspend or
					 revoke a license of an association if it shall determine that:
(1) The association has failed to abide by or
				  enforce the provisions of the law or the rules and regulations of the
				  Commission or the Department of Revenue.
(2) Any officer, director, member or
				  stockholder of such association or of any corporation which owns stock in or
				  shares in the profits or participates in the management of the affairs of the
				  association, or which leases to such association the track where it shall
				  operate:
(i) Has been convicted of a crime
				  involving moral turpitude.
(ii) Has
				  engaged in bookmaking or other forms of illegal gambling.
(iii) Has been found guilty of any fraud or
				  misrepresentation in connection with racing or breeding.
(iv) Has been guilty of a violation or
				  attempt to violate any law, rule or regulation of any racing jurisdiction, for
				  which suspension from racing might be imposed in such jurisdiction.
(v) Has violated any rule, regulation or
				  order of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.33 - Refusal to issue, suspension and revocation of occupational or participation license

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may refuse to grant a license, may suspend
					 or revoke a license of any occupational or participation licensee including
					 racing officials if it shall determine:
(1) That the experience, character and
				  general fitness of the applicant or licensee are such that the participation of
				  such person in harness horse race meets will be inconsistent with the public
				  interest, convenience and necessity, and with the best interest of racing
				  generally.
(2) That the applicant
				  or licensee:
(i) Has been convicted of a crime
				  involving moral turpitude.
(ii) Has
				  engaged in bookmaking or other form of illegal gambling.
(iii) Has been found guilty of any fraud in
				  connection with racing or breeding.
(iv) Has been guilty of any violation or
				  attempt to violate any law, rule or regulation of any racing jurisdiction for
				  which suspension from racing might be imposed in such jurisdiction.
(v) Has violated or failed to follow any
				  rule, regulation or order of the Commission.
(vi) Has falsified answers or makes
				  misrepresentations to the Commission in their application for a
				  license.
(vii) Is
				  incompetent.
(viii) In the case of
				  racing officials, consumption of alcoholic beverages within 4 hours prior to
				  the time they are required to perform their duties as such officials.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.34 - Temporary license

Current through Register Vol. 54, No. 28, July 13, 2024
Pending final determination of any question under
					 §§
										185.32 and
					 185.33 (relating to refusal to
					 issue, suspension and revocation of association license; and refusal to issue,
					 suspension and revocation of occupational or participation license), the
					 Commission may issue a temporary license upon such terms and conditions as it
					 may deem necessary, desirable or proper to effectuate the provisions of the
					 law.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.35 - Horses prohibited from racing in overnight events

Current through Register Vol. 54, No. 28, July 13, 2024
No employe or officer engaged in the active management of
					 an association or a member of his immediate family shall race or permit or
					 cause to be raced any horse in which he has any either direct or indirect, at
					 any meeting conducted by that association except in early closing events,
					 stakes or futurities.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter B - LICENSES › Section 185.36 - Fines and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may impose fines upon any association or
					 upon any person participating in any way in any harness horse race meet at
					 which pari-mutuel wagering is conducted other than as a patron and whether
					 licensed or not by the Commission for a violation of any provision of the law
					 or the provisions of this part. Such fine shall not exceed five thousand
					 ($5,000) dollars for each violation.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.51 - Individual stockholders-voting and nonvoting stock

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirement to obtain
				  affidavits.
Every association or corporation which owns 25% or more of
				  the stock of an association shall obtain, contemporaneously with the original
				  issuance or transfer on its books of its voting or nonvoting stock to an
				  individual an affidavit in duplicate, executed by such individual wherein he
				  shall state:
(1) His name.
(2) His address.
(3) His age (not applicable in case of
				  nonvoting stock).
(4) His
				  occupation (not applicable in case of nonvoting stock).
(5) The number of shares transferred to
				  him.
(6) Whether he is the sole
				  beneficial owner of the stock.
(7)
				  Whether he has been convicted of a crime involving moral turpitude.
(8) Whether he has been engaged in bookmaking
				  or other forms of illegal gambling.
(9) Whether he has been found guilty of any
				  fraud or misrepresentation in connection with racing or breeding.
(10) Whether he has been guilty of any
				  violation or attempt to violate any law, rule or regulation of any racing
				  jurisdiction, for which suspension from racing might be imposed in such
				  jurisdiction.
(11) Whether he has
				  violated any rule, regulation or order of the Commission.
(12) That he does not hold any elected office
				  in the Commonwealth of Pennsylvania or any political subdivision thereof; is
				  not employed by the Commonwealth of Pennsylvania or any political subdivision
				  thereof; and is not a member of a National Party Committee, a chairman,
				  vice-chairman, secretary, treasurer, counsel or member of an Executive
				  Committee of a State committee, a county chairman, vice-chairman, counsel,
				  secretary or treasurer of a county committee or a city chairman, vice-chairman,
				  counsel, secretary or treasurer of a city committee.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.52 - Corporations-voting and nonvoting stock

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirement to obtain affidavits.
Every association or
				  corporation which owns 25% or more of the stock of an association shall obtain
				  contemporaneously with the original issue or transfer on its books of its
				  voting or nonvoting stock to a corporation, an affidavit in duplicate, executed
				  by the president, secretary, treasurer or other executive officer of the
				  corporate stock transferee which shall contain:
(1) The name of the corporation.
(2) The state of its incorporation.
(3) The address of its registered
				  office.
(4) If a foreign
				  corporation, the address of its registered office, if any, in
				  Pennsylvania.
(5) The number of
				  shares transferred to the corporation.
(6) The names, addresses and ages of all the
				  directors of the corporation.
(7)
				  The names, addresses and ages of all the officers of the corporation.
(8) The names and addresses of all registered
				  stockholders.
(9) A statement to
				  the effect that if there is any change in the status of the corporation with
				  respect to any of the matters set forth in paragraphs (5)-(7) inclusive, that
				  it shall forthwith file with the association a new affidavit setting forth such
				  change in status and in the case of paragraph (8) that it shall annually,
				  during the month of October, file with the association a new affidavit setting
				  forth any change in status; provided, however, that new affidavits need not be
				  filed if the only changes are changes in the age or address of officers,
				  directors or stockholders.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.53 - Partnership stockholders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirement to obtain affidavit.
Every association or
				  corporation which owns 25% or more of the stock of an association shall obtain
				  contemporaneously with the original issue or transfer on its books of its
				  voting or nonvoting stock to every partnership, an affidavit in duplicate
				  executed by a general partner containing the following:
(1) The trade name of the
				  partnership.
(2) The address of its
				  principal office.
(3) If a foreign
				  partnership the address of its principal office, if any, in
				  Pennsylvania.
(4) The names,
				  addresses and ages of all the general and limited partners designating which
				  partners are general and which are limited.
(5) The number of shares transferred to the
				  partnership.
(6) A statement to the
				  effect that if there is any change in the status of the partnership with
				  respect to any of the matters set forth in paragraph (4) except with regard to
				  a change of age or address, it shall forthwith file with the association a new
				  affidavit setting forth such change of status.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.54 - Unincorporated club or other unincorporated organization as stockholder

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirement to obtain affidavit.
Every association or
				  corporation which owns 25% or more of the stock of an association shall obtain
				  contemporaneously with the original issue or transfer on its books of its
				  voting or nonvoting stock to every unincorporated club or other unincorporated
				  organization, except a partnership, an affidavit in duplicate, executed by the
				  President, Secretary, Treasurer or other Executive Officer, containing the
				  following:
(1) The name of the club or
				  organization.
(2) The address of
				  its principal office in Pennsylvania.
(3) The number of shares transferred to
				  it.
(4) The names and addresses of
				  all its directors, governors, trustees or members of other types of a managing
				  body.
(5) The names and addresses
				  of all of its officers.
(6) The
				  number of members.
(7) The name and
				  address of each member.
(8) A
				  statement to the effect that if there is any change in its status with respect
				  to any of the matters set forth in paragraphs (3) to (5) inclusive, that it
				  shall forthwith file with the association a new affidavit setting forth such
				  change of status and in the case of paragraphs (6) and (7), that it shall
				  annually, during the month of October, file with the association a new
				  affidavit setting forth any change in status; provided, however, that new
				  affidavits need not be filed if the only changes relate to a change of
				  address.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.55 - Additional information required when registered stockholder is not the sole beneficial owner

Current through Register Vol. 54, No. 28, July 13, 2024
If any registered stockholder provided for under this
					 subchapter is not or is not to be the sole beneficial owner of such stock, the
					 registered stockholder shall set forth in the affidavit required under this
					 subchapter a true and complete copy of all terms of the agreement pursuant to
					 which the stock is to be so held by the registered stockholder, including a
					 detailed statement of the interest therein of each person who is to have any
					 interest in such stock. No person may hold stock as a registered stockholder
					 for the benefit of any other person unless a duly executed agreement in writing
					 exists setting forth all of the respective rights of the registered stockholder
					 and the beneficial owner or owners as well as all of the terms of the agreement
					 between the registered stockholder and such beneficial owner or owners as there
					 may be.
This section cited in 58 Pa. Code §
												185.58 (relating to change of
						status of affiants who are beneficial
						owners).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.56 - Affidavit of beneficial owners other than a registered stockholder

Current through Register Vol. 54, No. 28, July 13, 2024
Each person for whom stock or any interest therein is to be
					 held by a registered stockholder shall be required to file an affidavit in
					 duplicate setting forth the information required under §
										185.51(a) 
					 (relating to individual stockholders-voting and nonvoting stock). Said
					 beneficial owner shall be relieved of the responsibility of filing a copy of
					 the written agreement between the beneficial owner and the registered
					 stockholder if such beneficial owner states in the affidavit to be filed under
					 this rule that he has examined the affidavit filed by the registered
					 stockholder together with the written agreement attached thereto and that said
					 written agreement is true and correct and accurately and fully reflects the
					 entire understanding between the registered stockholder and the beneficial
					 owner with respect to such stock. In the alternative, the beneficial owner may
					 attach to his affidavit a true and correct copy of said written
					 agreement.
This section cited in 58 Pa. Code §
												185.57 (relating to beneficial
						ownership of stock by minors, incompetents and unascertained beneficiaries);
						and 58 Pa. Code §
												185.58 (relating to change of
						status of affiants who are beneficial
						owners).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.57 - Beneficial ownership of stock by minors, incompetents and unascertained beneficiaries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  affidavits required under §
										185.56 (relating to affidavit of
				  beneficial owners other than a registered stockholder) to be filed by persons
				  having a beneficial interest in stock shall not be required where the
				  registered stock transferee is one of the following:
(1) The executor or administrator of a
				  decedent's estate or a trustee and the beneficiaries of the estate or trust are
				  not ascertainable until some future time.
(2) The guardian of an incompetent or
				  minor.
(3) An individual who holds
				  stock under the Uniform Gifts to Minors Act.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.58 - Change of status of affiants who are beneficial owners

Current through Register Vol. 54, No. 28, July 13, 2024
If, subsequent to the filing of an affidavit required under
					 §§
										185.55-185.57 (relating to additional
					 information required when registered stockholder is not the sole beneficial
					 owner; affidavit of beneficial owners other than a registered stockholder; and
					 beneficial ownership of stock by minors, incompetents and unascertained
					 beneficiaries), the status of any affiant changes with respect to any of the
					 matters set forth in §
										185.51(a)(5)-(12)
					 (relating to individual stockholders-voting and nonvoting stock), such affiant
					 shall forthwith file with the association or corporation with which his or its
					 affidavit was originally filed, a new affidavit in duplicate, setting forth
					 with particularity such change.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.59 - Debenture holders

Current through Register Vol. 54, No. 28, July 13, 2024
Every association or corporation which owns 25% or more of
					 the stock of an association shall annually, during the month of October,
					 forward to the Commission the names and addresses of all record holders of
					 registered debentures and coupon debentures registered as to
					 principal.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.60 - Affidavits to be filed with the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
Each association or corporation required to obtain
					 affidavits under this subchapter shall forthwith file with the Commission
					 within 10 days after receipt by the association one of each of the duplicate
					 affidavits obtained by it.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.61 - Duty of associations and corporate licensees

Current through Register Vol. 54, No. 28, July 13, 2024
Each association, firm or corporation participating in the
					 management of any association and all other corporations licensed by the
					 Commission to engage in any activity connected with pari-mutuel racing shall
					 provide the Commission with a complete list of all of its stockholders
					 indicating the number of shares held by each stockholder, once a year as per
					 the direction of the Commission to designated representative. Each licensee
					 shall within 10 days after any transfer of stock in such licensee notify the
					 Commission of such transfer with the name of the transferee and the number of
					 shares held by such transferee.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.62 - Commission to maintain docket

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission shall maintain a docket at its principal
					 office in Harrisburg, Pennsylvania, setting forth the names of all shareholders
					 in all associations licensed under the State Harness Racing Law. Said docket
					 shall include the number of shares held by each shareholder, the date of
					 acquisition of such shares and the date of subsequent transfer by such
					 shareholder in the event of divestiture of the shares. This docket shall be
					 available for public inspection during normal business hours.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.63 - Forfeiture of property rights in the stock held in trust

Current through Register Vol. 54, No. 28, July 13, 2024
No property rights shall exist in any shares of stock of
					 any association, corporate licensee, or any firm or corporation participating
					 in the management of any association or any other corporate licensee which are
					 held in trust for the benefit of a person who is prohibited under the State
					 Harness Racing Law and the provisions of this part from having any legal or
					 beneficial interest in such stock, nor in having any shares of stock held in
					 trust or for the benefit of another person unless the trust or the agreement
					 under which said stock is held for another person is in writing. Upon final
					 adjudication of forfeiture of stock pursuant to any suit brought by the
					 Attorney General under section
					 7.1(d) of Act 136
					 approved July 17, 1963, amending the State Harness Racing Law of December 22,
					 1959, the Commission shall sell such stock as may be forfeited as a result of
					 said final adjudication at public sale upon proper notice to the highest public
					 bidder. The place and time of sale together with the form of notice shall be
					 such as may be determined by the Commission in each instance.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter C - STOCK ISSUES OR TRANSFERS › Section 185.64 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
Where, in the opinion of the Commission, the application of
					 this subchapter would create a hardship without attending benefit, the
					 Commission may accept affidavits especially prescribed by it for particular
					 situations and waive the requirements set forth under this
					 subchapter.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.71 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				  words and terms, when used in this subchapter, have the following meanings,
				  unless the context clearly indicates otherwise:
Adjudication
-Any final order, decree,
					 decision, determination or ruling by the Commission affecting the rights,
					 privileges, immunities or obligations of any licensee.
Charge
-Any allegation in the citation of
					 specific illegal or unethical conduct on the part of a licensee under the
					 provisions of the law or the rules and regulations promulgated thereunder.
Citation
-A notice of the time and place of
					 hearing and a formal listing by the Commission of any charges against any
					 licensee.
Complaint
-Any written statement of facts
					 under oath submitted by any person which accuses the licensee of any violation
					 of the law or of rules and regulations promulgated thereunder.
Information
-Any data indicating any
					 violation of the law or of rules and regulations promulgated thereunder which
					 are collected by or presented to the Commission.
Licensee
-Any person holding a license
					 issued by the Commission.
Official docket
-The book in which is
					 recorded the nature of each original paper issued and received and the date and
					 time thereof in each proceeding instituted before the Commission.
Party
-Includes the Commonwealth, the
					 Commission, and applicant who is refused a license, a licensee whose license is
					 suspended or revoked or any person designated in the citation as the
					 respondent.
Person
-Includes any individual or
					 organized group of any character including partnerships, corporations or other
					 forms of association.
(b) As
				  used herein, the singular shall include the plural and the plural the singular.
				  Words used in one gender or tense shall include all other genders and
				  tenses.