(1)(a)
No person shall be eligible to operate a race meet under a license issued under the
provisions of this article 32 unless the person is the owner or controls the
possession of a properly constructed racetrack suitable for the conduct of racing
and improved with safe and suitable grandstands; equipped with reasonably
sanitary accommodations and also such accommodations, including track
conditions, as the commission may require for the care and control of the animals
racing at the meet; and also such other improvements as, in the opinion of the
commission, may be required for the protection of the public, human and animal
participants, and others likely to be present at the race meet. In consideration of
the location of the track and other structures and erections and the p
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(1) (a)
No person shall be eligible to operate a race meet under a license issued under the
provisions of this article 32 unless the person is the owner or controls the
possession of a properly constructed racetrack suitable for the conduct of racing
and improved with safe and suitable grandstands; equipped with reasonably
sanitary accommodations and also such accommodations, including track
conditions, as the commission may require for the care and control of the animals
racing at the meet; and also such other improvements as, in the opinion of the
commission, may be required for the protection of the public, human and animal
participants, and others likely to be present at the race meet. In consideration of
the location of the track and other structures and erections and the probable
capacity requirements to accommodate the crowd and the number of people that
will reasonably be expected to occupy the grandstands and attend the race meets,
a major racing operation license shall not be issued for the racing of horses at a
class A track that is within forty miles of any other major racing operation licensed
under this article 32 for the racing of horses at a class A track; nor shall a major
racing operation license be issued for the racing of horses at a class B track that is
within forty miles of any other major racing operation licensed under this article 32
for the racing of horses at a class B track. In no event shall any racing operation
licensed under this article 32 for the racing of horses at a horse track located within
forty miles of the Colorado state fair and industrial exposition conduct race meets
of horses on the same dates as the race meets of horses at the state fair.
(b) As used in subsection (1)(a) of this section, major racing operation
means nonprofit corporations and commercial tracks conducting race meets that
exceed fifteen racing days.
(2) Applications for renewal of a license shall be filed with the commission
on or before a day fixed by the commission and shall set forth the name of the
applicant and if a corporation the names and addresses of its officers and directors
with a list attached thereto of the names and addresses of all the holders of its
stock, as of a date not more than thirty days prior to the filing of the application,
and the amount of voting stock held by each stockholder. If any of its voting stock
is known by any applicant to be registered in the name of a person not the actual
owner thereof, the list shall also show the name and address of the actual owner.
(3) The application shall set forth the proposed dates of race meets, the
dates within the race meets on which the applicant intends to conduct racing at the
meet and the number of races intended to be run on the dates, and the address of
the establishment where the meets are to be held and shall have attached thereto
the most recent financial statement of the applicant as of a date not more than
twelve months prior to the date of the application for renewal of the license. The
application shall also contain such other information as the rules of the commission
may provide to ensure that the licensee is conducting race meets in accordance
with the provisions of this article 32 and the rules of the commission. To determine
whether an application for renewal of the license to conduct race meets shall be
granted, the commission shall have the right to examine the financial and other
records of the licensee, to compel the production of records and documents, to
conduct hearings, to summon witnesses, and to administer oaths.
(4) (a) As soon as is practicable after the date fixed for the filing of
applications for renewal, the commission shall meet and determine the granting or
denial thereof. If the commission finds that the applicant has fully complied with
the requirements and conditions for renewal, the application for renewal shall be
granted, and the commission shall allot and assign to the respective applicants, in
the manner stated in this subsection (4), dates for race meets and dates for racing
within the race meet and the number of races on the dates.
(b) Except as otherwise provided in this article 32, the commission may allot
different dates for race meets, different dates for racing within a race meet, and a
different number of races on the dates from those requested in the application for
renewal. In making its allotment of dates, the commission shall endeavor to allot to
each applicant the dates requested by the applicant in the application, after giving
due consideration to all factors involved, including the interests of the applicant
and the public and the best interests of racing. In its allotment of dates, the
commission shall also endeavor, whenever possible, to avoid a conflict in live horse
race dates between class A tracks or between class B tracks located within fifty
miles of each other; except that the commission may allot dates to a state, county,
or other fair commission or association holding not more than one race meet
annually for a period not exceeding six days, despite the fact that the dates conflict
with the dates allotted to another applicant conducting live horse racing. When the
granting of requested initial or renewal race dates would result in a conflict, the
commission may grant race dates so as to avoid conflict to the extent possible,
giving preference to requests for race dates from license applicants whose
licensed race meet in the previous year included the same dates.
(5) In the event the commission finds that any applicant for a renewal of a
license to conduct race meets under this article 32 has violated any of the
provisions of this article 32 or any rule of the commission, or has willfully or
fraudulently made any false statement in an original application for a license to
hold race meets or for the renewal of the license, or has failed to pay the
commission any sums required by this article 32, or lacks the ability, experience, or
finances to conduct race meets, the commission may refuse to grant a renewal of
the license.
(6) 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 to hold a race meet or for the renewal of the 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. The
cancellation shall be made only after a summary hearing before the commission, of
which three days' notice in writing shall be given the licensee specifying the
grounds for the proposed cancellation and at which hearing the licensee shall be
given an opportunity to be heard in person and by counsel in opposition to the
proposed cancellation. No license shall be granted or continued to any licensee for
any race meet licensed under this article 32 who has made default in any payment
of any premium or prizes on any race meets held under this article 32 or who has
failed to meet any monetary obligations in connection with any race meet held in
this state.