Virginia Administrative Code › Title 11 - GAMING › Agency 10 - VIRGINIA RACING COMMISSION › Chapter 20 - REGULATIONS PERTAINING TO HORSE RACING WITH PARI-MUTUEL WAGERING › Part II - Licensure › Section 11VAC10-20-190 - Criteria for horse racing facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally. Every license to conduct a
				  horse race meeting with pari-mutuel wagering privileges of 15 days or more in
				  any calendar year is granted by the commission upon the condition that the
				  licensee will conduct horse racing at its facility or meeting for the
				  promotion, sustenance, and growth of a native industry in a manner consistent
				  with the health, safety, and welfare of the people. The adequacy and
				  sufficiency with which the licensee meets the criteria for the procedures,
				  facilities, and equipment for conducting a horse race meeting of such duration
				  shall rest with the commission.
1. Each
				  licensee shall accept, observe, and enforce all federal and state laws,
				  regulations of the commission, and local ordinances.
2. Each licensee shall at all times maintain
				  its grounds and facilities so as to be neat and clean, painted and in good
				  repair, with special consideration for the comfort and safety of the public,
				  employees, other persons whose business requires their attendance, and for the
				  health and safety of the horses there stabled.
3. Each licensee shall honor commission
				  exclusions from the enclosure and eject immediately any person found within the
				  enclosure who has been excluded by the commission and report the ejection to
				  the commission. Whenever any licensee ejects a person from the enclosure, it
				  shall furnish a written notice to the person ejected and shall report the
				  ejection to the commission.
4. No
				  later than 15 days before the first day of any race meeting, each licensee
				  shall submit to the commission the most recent inspection reports issued by
				  governmental authorities regarding the condition of facilities, sanitation, and
				  fire prevention, detection, and suppression.
5. Each licensee shall provide the commission
				  daily attendance reports showing a turnstile count of all persons admitted to
				  the enclosure and the reports shall indicate the daily number of paid
				  admissions, taxed complimentary admissions, and tax exempt
				  admissions.
6. Each licensee shall
				  furnish to the commission within three months of the closing of its fiscal
				  year, three copies of its balance sheet and of its operating statement for the
				  previous fiscal year with comparison to the prior fiscal year, the same duly
				  sworn to by the treasurer of the association, and certified by an independent
				  certified public accountant. The financial report shall be in the form as may
				  be prescribed from time to time by the commission.
7. Each licensee shall maintain a separate
				  bank account to be known as the "horsemen's account," with the amount of purse
				  money statutorily mandated to be deposited in the account within 48 hours of
				  the running of the race. Withdrawals from this account shall at all times be
				  subject to audit by the commission, and the horsemen's bookkeeper in charge of
				  the account shall be bonded:
a. All portions
				  of purse money shall be made available when the stewards have authorized
				  payment to the earners; and
b. No
				  portion of purse money other than jockey fees shall be deducted by the licensee
				  for itself or for another, unless so requested in writing by the person to whom
				  such purse moneys are payable, or his duly authorized representative.
				  Irrespective of whether requested, at the close of each race meeting the
				  horsemen's bookkeeper shall mail to each owner a duplicate of each owner's
				  account showing every deposit, withdrawal, or transfer of funds affecting such
				  owner's account.
8. Each
				  licensee shall remit to the commission within five days of the day on which the
				  revenue for pari-mutuel taxes, admission taxes, and breeders' funds were
				  collected. The remittance shall be accomplished by a direct deposit in a
				  financial institution designated by the commission. On those days when the
				  fifth day is a holiday or a weekend day, the payment must be made by the
				  succeeding business day. At the close of each month in which racing is
				  conducted, the licensee must report to the commission all deposits of taxes and
				  breeders' funds for that month.
9.
				  On each day that deposits are made by the licensee, a report must be filed with
				  the commission containing the following recapitulation: total retainage,
				  pari-mutuel tax; state and local admissions taxes; purse moneys; total
				  breakage; and breeders' fund taxes.
10. Each licensee shall provide areas within
				  the enclosure where publications, other informational materials, and tip
				  sheets, may be sold to the public. All persons holding a tip sheet concession
				  at the facility must possess a permit from the commission as vendors. Such
				  vendor shall post in a conspicuous place the previous day's tip sheet and the
				  outcome of the races. Such vendor shall deliver one copy of the tip sheet to a
				  commission representative at least one hour before post time.
11. Each licensee shall supervise the
				  practice and procedures of all vendors of food, horse feed, medication, and
				  tack, who are licensed and have access to the stabling area. No licensee by
				  virtue of this regulation shall attempt to control or monopolize proper selling
				  to owners, trainers, or stable employees; nor shall a licensee grant a sole
				  concession to any vendor of feed, racing supplies, or racing
				  services.
12. Each licensee shall
				  provide to the commission copies of all subordinate contracts, in the amount of
				  $15,000 annual gross and above, entered into by the owner, owner-operator, or
				  operator, and such contracts shall be subject to approval of the
				  commission.
13. Each licensee shall
				  submit to the commission each calendar year a request for live racing days for
				  the next calendar year as provided in
				  11VAC10-20-200. The holder of a
				  license shall schedule no more than 125 days live racing days in the
				  Commonwealth each calendar year; however, the commission may alter the number
				  of live racing days based on what it deems to be in the best interest of the
				  Virginia horse industry.
14. Each
				  licensee shall post in a conspicuous place in every place where pari-mutuel
				  wagering is conducted a sign that bears a toll-free telephone number for
				  "Gamblers Anonymous" or other organization that provides assistance to
				  compulsive gamblers.