§ 4:158 — License to operate a horse racing track; license to conduct race meetings

Louisiana § 4:158

• Jurisdiction: Louisiana
• Title 4: Amusements and Sports

Text

§158. License to operate a horse racing track; license to conduct race meetings
A. Any person or corporation may apply to the commission for a license to operate
a track to conduct horse racing within the State of Louisiana. The commission may grant
such a license for a period up to and including ten years. Nothing in this Subsection shall
limit the authority of the commission granted by state law to fine or suspend an association
or terminate racing privileges granted to an association.
B.(1) On or before the fifteenth of April of each year and on or before the fifteenth
of August of each year any person or corporation possessing the qualifications prescribed in
this Part may apply to the commission for a license or licenses to conduct race meetings.
(2)(a) On or before the first of May and the first of September of each year, after
receipt of the applications the commission shall convene to consider licenses to conduct race
meetings. The commission shall assign dates for all race meetings in the state at each track
and license in accordance therewith and shall set the minimum number of live races required
per race day.
(b) The commission may amend an application, or any included race dates, or assign
different dates than those included in the application for any reason that it considers
sufficient, making every effort to reduce conflicting or overlapping live race meeting dates
for the tracks in this state.
(3) An application filed prior to any one of the two deadlines shall request dates for
racing to commence not sooner than four months from said deadlines.
C.(1) Any licenses granted pursuant to this Section, when applicable, shall set forth
the name of the licensee, the location of the race track, the duration of the race meeting, and
the kind of racing to be conducted, and shall recite the receipt by the commission of the
license fee provided for in this Part.
(2) Any license granted pursuant to this Section shall be nontransferable and shall
only apply to the place, track, or enclosure specified in the license.
D.(1) Should the commission, after due proceedings had in conformity with this Part,
suspend or revoke an association's license or licenses granted pursuant to this Section, the
association may within ten days of the notification of the commission's decision take a
suspensive appeal to the district court having jurisdiction over the association's track. Such
appeals shall be filed in the district court in the same manner as original suits are instituted.
The appeals shall be tried de novo. Either party may amend and supplement his pleadings
and additional witnesses may be called and heard.
(2) Within ten calendar days of the signing of the judgment by the district court in
any such appeal case, the commission or the applicant for a license or licenses, or a licensee,
as the case may be, may suspensively appeal the judgment to the appellate court of proper
jurisdiction. These appeals shall be perfected in the manner provided for in civil cases and
shall be suspensive or devolutive in the discretion of the court.
(3) All proceedings in the district and appellate courts arising under this Part are civil
in nature and shall be heard summarily by the court, without a jury, shall take precedence
over other civil cases, and shall be tried in chambers or in open court, and in or out of term.

Legislative History

Acts 1968, No. 554, §1; Acts 2014, No. 731, §1; Acts 2021, No. 436, §1, eff. July 1, 2021.