5-110

5-110. Racing days, times and allocations;
emergency transfer; county fairs; charity days

A. Permits for horse, harness or dog racing meetings shall be approved and issued
for substantially the same dates allotted to permittees for the same type of racing
during the preceding year or for other dates that permittees request, provided that, in
the event there is a conflict in dates requested between two or more permittees in the
same county for the same kind of racing, the permittee whose application is for
substantially the same dates as were allotted to the permittee in the preceding year
shall be entitled to have preference over other permittees. In the event two or more
permittees have agreed that the dates to be allotted to each of them each year shall be
alternated from one year to the next, the commission shall recognize their agreement and
such permittees may be accorded preference over any other permittee as to those dates to
be allotted to such permittees on an alternating basis. Except as otherwise provided,
the commission shall allot dates to the respective permittees after giving due
consideration to all of the factors involved and the interests of permittees, the public
and this state.

B. The commission may require by the terms of any permit that the permittee offer
such number of races during any racing meeting as the commission shall determine,
provided that the permittee shall be permitted to offer not less than the same number of
races each day as offered in the prior year. The commission shall require each horse
racing permittee to conduct for a period of thirty days a number of races equal to an
average of not less than two races for each day of racing exclusively for quarter
horses. If, in the opinion of the commission, the permittee is offering acceptable
quarter horse races but an honest effort is not being put forth to fill these races by
the horsemen, the commission may rescind the two race per day quarter horse requirement.

C. Live racing and wagering on simulcast races shall be permissible in either
daytime or nighttime, but there shall be no live daytime dog racing on the same day that
there is live daytime horse or harness racing in any county in which commercial horse or
harness racing has been conducted prior to February 1, 1971, and no live nighttime horse
or harness racing on the same day that there is live nighttime dog racing in the same
county. There shall be no wagering on simulcast dog races before 4:15 p.m., mountain
standard time, on the same day that there is live daytime horse or harness racing in any
county in which commercial horse or harness racing has been conducted before February 1,
1971, and no wagering on simulcast horse or harness racing after 7:30 p.m., mountain
standard time, on the same day that there is live nighttime dog racing in the same
county. The hours during which any other dog, harness or horse racing is to be conducted
shall be determined by the commission. The application for a permit shall state the
exact days on which racing will be held and the time of day during which racing will be
conducted.

D. If the commission determines that an emergency has obligated or may obligate a
permittee to discontinue racing at a location, the commission may authorize the permittee
to transfer racing for the number of days lost to any other location.

E. A racing meeting, when operated by a county fair racing association or under
lease during the county fair to any individual, corporation or association, shall not
come under the limitation placed on days of racing in this section.

F. The department shall be the judge of whether a county fair racing meeting is
being operated in accordance with the provisions of this section. A county fair racing
meeting conducted by an individual, corporation or association, other than the properly
authorized county fair racing association, shall come under the general provisions of
this article the same as a commercial meeting. Notwithstanding this subsection, a county
fair racing meeting, whether conducted by a county fair racing association or by an
individual, corporation or association other than a county fair racing association, is
exempt from the requirement prescribed in section 5-111 to pay to the state a percentage
of the pari-mutuel pool collected at the meeting.

G. The commission may allow a permittee, in addition to the days specified in this
permit, to operate up to three racing days during any one meeting as charity days. From
the amount deducted from the total handled in the pari-mutuel pool on charity days, the
permittee shall deduct an amount equal to the purses and the cost of conducting racing on
these days, and shall donate the balance to nonprofit organizations and corporations
which benefit the general public, which are engaged in charitable, benevolent and other
like work and which are selected by the permittee and approved by the department. In no
event shall the amount given to charity from charity racing days be less than the amount
which otherwise would have gone to this state as the state's share on a noncharity racing
day.

H. Notwithstanding any other provision of this chapter, any dog racing permittee to
which a permit to conduct dog racing in this state has been issued may in any racing year
modify the racing date allocations made to the permittee for conducting dog racing at a
track by reallocating up to two-thirds of the racing dates allocated to that permittee
for dog racing at a track to another track in this state at which the permittee or a
corporation of common ownership to the permittee conducts dog racing. For the purpose of
this section a corporation of common ownership to the permittee is a corporation which is
owned or controlled, directly or indirectly, by the same corporation that owns or
controls the permittee and which holds a permit to conduct dog racing in this state.

I. Notwithstanding any other provision of this article, any dog racing permittee
that has offered live dog racing in eight out of ten calendar years from 1980 to 1990 in
counties that have a population of less than five hundred thousand persons according to
the most recent United States decennial census shall be considered as operating a
racetrack enclosure for all purposes under this article and shall not be required to
conduct live racing as a condition of that permittee's racing permit. Any permittee
qualified under this subsection may conduct wagering on telecasts of races conducted at
racetrack enclosures within this state or at racetrack enclosures outside this state
without offering live racing at that permittee's racetrack enclosure.