1.Off-track betting on simulcast racing.
A person may conduct pari-mutuel wagering at an off-track betting facility that is licensed under this section if the facility is located and operated within a hotel, as defined in Title 28‑A, section 2, subsection 15, paragraph H, with public dining facilities, a Class A lounge, as defined in Title 28‑A, section 2, subsection 15, paragraph L, a Class A restaurant, as defined in Title 28‑A, section 2, subsection 15, paragraph R, or a Class A restaurant/lounge, as defined in Title 28‑A, section 2, subsection 15, paragraph R‑1.
2.Application for off-track betting.
To obtain a license to conduct pari-mutuel wagering at an off-track betting facility, a person must submit to the commission the fee required in subsection 2‑A and an application on a form
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1.
Off-track betting on simulcast racing.
A person may conduct pari-mutuel wagering at an off-track betting facility that is licensed under this section if the facility is located and operated within a hotel, as defined in Title 28‑A, section 2, subsection 15, paragraph H, with public dining facilities, a Class A lounge, as defined in Title 28‑A, section 2, subsection 15, paragraph L, a Class A restaurant, as defined in Title 28‑A, section 2, subsection 15, paragraph R, or a Class A restaurant/lounge, as defined in Title 28‑A, section 2, subsection 15, paragraph R‑1.
2.
Application for off-track betting.
To obtain a license to conduct pari-mutuel wagering at an off-track betting facility, a person must submit to the commission the fee required in subsection 2‑A and an application on a form prescribed by the commission that specifies at least the following:
2-A.
Application fee.
The fee for an initial application for an off-track betting facility is $1,000. The fee for a renewal is $250.
2-B.
Renewal.
An off-track betting facility license must be renewed annually.
3.
Notice to commercial racetracks; objections.
An applicant shall send written notice of its application for an off-track betting license to any commercial racetrack in whose market area the facility will be located and shall present proof to the commission that it has provided the notice. The notice must include all information contained in the application except information described in subsection 2, paragraph Q. A commercial racetrack shall notify the commission within 30 days of receiving notice if the racetrack objects to the location of the facility based on adverse impact to the commercial track. The commission shall suspend consideration of the application for the 30-day objection period. If the commission receives an objection from a racetrack in whose market area the facility would be located within the 30-day period, the commission shall reject the application. If the commission does not receive an objection within that period, the commission may proceed to consider the application. For purposes of this subsection, the market area is determined by measuring a distance of 50 miles from the center of the racetrack along the most commonly used roadway adjacent to the racetrack, as determined by the Department of Transportation, drawing a circle around the center of the racetrack using that 50-mile measurement.
4.
Notice to off-track betting facilities; objections.
An applicant shall send written notice of its application for an off-track betting license to any existing off-track betting facility in whose market area the proposed facility will be located and shall present proof to the commission that it has provided the notice. The notice must include all information contained in the application except information described in subsection 2, paragraph Q. An existing off-track betting facility shall notify the commission within 30 days of receiving notice if the facility objects to the location of the proposed facility. The commission shall suspend consideration of the application for the 30-day objection period. If the commission receives an objection from an off-track betting facility in whose market area the facility would be located within the 30-day period, the commission shall reject the application. If the commission does not receive an objection within that period, the commission may proceed to consider the application. For purposes of this subsection, the market area is determined by measuring a distance of 35 miles from the off-track betting facility along the most commonly used roadway adjacent to the off-track betting facility, as determined by the Department of Transportation, drawing a circle around the center of the off-track betting facility using that 35-mile measurement.
5.
Municipal approval.
The commission may not grant a license to conduct pari-mutuel wagering at an off-track betting facility unless the facility is approved in accordance with this subsection by the municipal officers of the municipality in which the facility is to be located.
6.
Requirements for approval of license.
The commission shall review the application and hold a public hearing on the application. The commission may issue a license to conduct pari-mutuel wagering at an off-track betting facility if:
7.
Operation of facility.
An off-track betting licensee may not permit a person under the age of 16 to enter the facility unless accompanied by a parent, legal guardian or custodian, as defined in Title 22, section 4002. The off-track betting licensee may not permit a person under the age of 18 within 15 feet of a betting window or other place for accepting wagers.
8.
Requirements for simulcasting.
The following requirements apply to simulcasting by off-track betting facilities.
9.
Annual report.
The department shall report annually by March 1st to the joint standing committee of the Legislature having jurisdiction over legal affairs matters and to the joint standing committee of the Legislature having jurisdiction over agricultural matters on the effect of off-track betting facilities on the local economy, the public interest, the integrity of live racing and other matters the department finds appropriate. The department may include in its report any recommendations for necessary changes in laws governing off-track betting.
10.
License nontransferable.
An off-track betting facility license issued is not transferable or assignable.
11.
Revocation.
The District Court Judge, as designated in Title 4, chapter 5, may revoke any license issued at any time for violation of the commission's rules or licensing provisions upon notice and hearing. The license of any corporation is automatically revoked, subject to Title 5, chapter 375, upon the change in ownership, legal or equitable, of 50% or more of the voting stock of the corporation, and the corporation may not conduct off-track betting without a new license.
12.
Approval of dates.
An applicant for an initial off-track betting facility license or renewal of an off-track betting facility license shall identify the dates on which pari-mutuel wagering will be conducted. When approving an initial license or the renewal of a license for an off-track betting facility, the commission shall identify the dates on which pari-mutuel wagering is permitted at the off-track betting facility.
13.
Conditions.
The commission is authorized to impose conditions on a license if one or more of the criteria established in this section are not met at the time the license is issued and the licensee is able to comply with the conditions within a specified time period during the licensing year or if the conditions are requested both by the municipality as a condition of its approval and by the applicant.
RR 1993, c. 2, §6 (COR). PL 1993, c. 388, §8 (NEW). PL 1995, c. 408, §7 (AMD). PL 1997, c. 528, §§17-24 (AMD). PL 1997, c. 735, §5 (AMD). PL 1999, c. 421, §1 (AMD). PL 1999, c. 547, §B26 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 401, §§12,13 (AMD). PL 2003, c. 493, §1 (AMD). PL 2003, c. 493, §14 (AFF). PL 2011, c. 99, §1 (AMD). PL 2019, c. 626, §§10, 11 (AMD). PL 2025, c. 390, Pt. B, §8 (AMD).