Autotote Enterprises, Inc. v. State

898 A.2d 141, 278 Conn. 150, 2006 Conn. LEXIS 155
CourtSupreme Court of Connecticut
DecidedMay 9, 2006
DocketSC 17299
StatusPublished
Cited by6 cases

This text of 898 A.2d 141 (Autotote Enterprises, Inc. v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Autotote Enterprises, Inc. v. State, 898 A.2d 141, 278 Conn. 150, 2006 Conn. LEXIS 155 (Colo. 2006).

Opinion

Opinion

ZARELLA, J.

The sole issue in this appeal is whether the moratorium on the expansion of off-track betting facilities imposed by General Statutes § 12-571a precludes the plaintiff, Autotote Enterprises, Inc., from broadcasting live racing while simultaneously advertising the availability of telephone wagering during the broadcasts. The defendant, the state of Connecticut, division of special revenue,1 appeals from the judgment of the trial court sustaining the plaintiffs appeal from a declaratory ruling2 by the defendant that Connecticut’s statutory moratorium on the expansion of off-track betting prohibited the plaintiff from broadcasting live racing while simultaneously advertising the availability of telephone wagering on the races being broadcast. The defendant claims that the trial court improperly sustained the appeal because the plaintiffs proposed plan is in clear violation of the moratorium, not an authorized gambling activity and, therefore, prohibited, and violates other public policy considerations. We affirm the judgment of the trial court.

The following undisputed facts and procedural history, as set forth in the trial court’s memorandum of decision, are relevant to this appeal. “[The plaintiff] owns and operates a system of off-track betting in Con[153]*153necticut, subject to the regulatoiy authority of the [defendant]. On May 21, 2003, [the plaintiff] petitioned the [defendant] for a declaratory ruling as to whether the moratorium on off-track betting facilities imposed by § 12-571a applies to its proposed contracts with cable [television] operators for the live broadcast of racing events, where those broadcasts would contain advertisements for the sale of off-track [telephone] betting accounts by [the plaintiff].

“On September 22, 2003, the [defendant] issued a declaratory ruling, approved by the [state gaming policy] board on October 9, 2003, concluding that while [the plaintiff] could legally televise races and accept wagers by telephone, any advertisement of its telephone betting system during live broadcasts of racing events would violate § 12-571a by creating off-track betting facilities in excess of the moratorium imposed by that statute.”

The plaintiff appealed to the trial court pursuant to General Statutes § 4-183. The trial court sustained the plaintiffs appeal, concluding that the moratorium does not apply to private households receiving the plaintiffs proposed broadcasts and advertisements. The defendant appealed to the Appellate Court from the trial court’s judgment sustaining the plaintiffs appeal, and we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1. Additional facts will be set forth as necessary.

I

The defendant first claims that the plaintiffs proposed program to promote telephone betting services during or in connection with its cable television broadcasts of racing and jai alai events would violate the statutory moratorium because it would, in effect, expand simulcast gambling venues without authorization. The plaintiff responds that its proposed program [154]*154would not violate the moratorium because it would create no new “facilities” within the meaning of § 12-571a and the applicable regulations. We agree with the plaintiff.

The defendant’s claim involves a question of statutory interpretation. It has long been established that, when interpreting a statute, “[o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature.” (Internal quotation marks omitted.) Perodeau v. Hartford, 259 Conn. 729, 735, 792 A.2d 752 (2002). “The meaning of a statute shall, in the first instance, be ascertained from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.” General Statutes § 1-2z.

“Ordinarily, this court affords deference to the construction of a statute applied by the administrative agency empowered by law to carry out the statute’s puiposes. . . . [A]n agency’s factual and discretionary determinations are to be accorded considerable weight .... Cases that present pure questions of law, however, invoke a broader standard of review than is ordinarily involved in deciding whether, in light of the evidence, the agency has acted unreasonably, arbitrarily, illegally or in abuse of its discretion. . . . Furthermore, when [an] agency’s determination of a question of law has not previously been subject to judicial scrutiny . . . the agency is not entitled to special deference. . . . [I]t is for the courts, and not administrative agencies, to expound and apply governing principles of law.” (Internal quotation marks omitted.) Wood v. Zoning Board of Appeals, 258 Conn. 691, 698, 784 A.2d 354 (2001). The defendant’s claim involves questions of [155]*155law that we have not considered previously. Our review is therefore plenary. See id., 699.

General Statutes § 12-571a (a) establishes a moratorium on the expansion of off-track betting facilities and provides in relevant part: “The [division of [s]pecial [r]evenue and the [g]aming [p]olicy [b]oard shall not operate or authorize the operation of more than eighteen off-track betting branch facilities . . . .”3 By its own terms, the moratorium does not apply to off-track betting generally but, rather, to the number of off-track betting facilities that may be operated within the state. Our resolution of the defendant’s claim therefore turns on whether the homes receiving the plaintiffs proposed broadcast are properly characterized as “off-track betting facilities.”

We begin our analysis with the relevant statutory text and administrative regulations. See Teresa T. v. Ragaglia, 272 Conn. 734, 751, 865 A.2d 428 (2005) (“[administrative rules and regulations are given the force and effect of law” [internal quotation marks omitted]). Neither § 12-571a (a) nor any other provision of [156]*156the statutory scheme expressly defines the term “offtrack betting facility.” Section 12-574-F1 of the Regulations of Connecticut State Agencies, however, defines an off-track betting “facility” as “the total real estate, land and buildings of an association4 or OTB facility operator,5 either owned or leased, utilized for the purpose of conducting . . . off-track betting . . . ,”6 Regs., Conn. State Agencies § 12-574-F1 (a) (28). Subdivision (53) of subsection (a) of the same regulation defines “OTB” or “off-track betting” as “the acceptance of off-track betting wagers from the public on events held both within and without the state as authorized by the division [of special revenue] . . . .” Regs., Conn. [157]*157State Agencies § 12-574-F1 (a) (53). Significantly, the relevant statutes and regulations make no reference to advertising as one of the defining characteristics of a “facility.”

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Cite This Page — Counsel Stack

Bluebook (online)
898 A.2d 141, 278 Conn. 150, 2006 Conn. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/autotote-enterprises-inc-v-state-conn-2006.