ORS Chapter 462

Chapter 462 — Racing

2009 EDITION

RACING

PUBLICHEALTH AND SAFETY

LICENSINGOF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND BOOKMAKING REGULATIONS

462.010 Definitions

462.020 Licenserequirement; authority of commission to require fingerprints; rules

462.025 Noticerequired to terminate use of license; hearing

462.030 Qualificationsfor eligibility of race meet operator

462.040 Racemeet licenses, classes, limitations, contents; rules

462.050 Applicationfor race meet license; bond; payment of fees; submission of financialstatements and inspection of records; return of deposit; refund of license fee

462.055 Authorityto require applicant to have recommendation of local governing body; fee

462.057 Licenseand other fees and purses; track fund

462.062 Feesand other payments by licensees of horse race meets not subject to ORS 462.057

462.065 Securityfor association receiving payments under ORS 462.057 or 462.062; fee charged byassociation receiving payments under ORS 462.140

462.067 Licenseand other fees for race meets not subject to ORS 462.057 and 462.062

462.070 Licensefees for officials, track operators and other race meet participants; rules

462.072 CashVouchers Account; payment and expiration of vouchers; disposition of accountbalance; civil penalty

462.073 UnclaimedWinnings Account; payment of winning or refund tickets; disposition ofproceeds; civil penalties

462.075 Groundsfor refusal to issue or renew licenses; hearing

462.080 Exclusionof certain persons from race courses; hearing; penalty

462.090 Revocation,suspension and refusal to renew licenses; hearing; civil penalty

462.100 Licensefee and tax in lieu of all others; exception

462.110 Publicliability insurance required; bond of licensee; actions on bond; insurance forjockeys and drivers

462.125 Numberand classes of race meets; unused race days; conflicting race dates

462.127 OregonQuarter Horse Racing Association and Oregon Division Horsemen’s Benevolent andProtective Association racing; exception to ORS 462.125

462.130 Oregonbred horse races

462.135 Oregonbred greyhound races

462.140 Prohibitionsconcerning bookmaking, betting; track take; computation, use of breaks

462.142 Accountwagering

462.145 Handicappingcontests

462.150 Regulationof underpayments; effect of tax

462.160 Whenrace meet is a nuisance

462.170 Commissionrules apply to county fairs; enforcement

462.185 Issuanceof licenses to animal owners or trainers; conditions; revocation

462.190 Restrictionson minors; selling wagering tickets to minors or visibly intoxicated persons

462.195 Writtenstatement of age from purchaser of mutuel wagering ticket or receipt

462.200 Testsof animals participating in race meets or persons required to be licensed;costs; rules

OREGONRACING COMMISSION

462.210 OregonRacing Commission; appointment; confirmation

462.220 Compensationand expenses of members

462.230 Vacanciesand removal

462.240 Oathof office

462.250 Organizationof commission; employees of commission and appointed officials to conduct racemeets; commission to fix compensation; rules and regulations

462.260 OregonRacing Commission Account; office, records and annual report of commission

462.265 Commissionsubject to state budget procedures and laws governing supervision ofexpenditures

462.270 Dutiesof commission; rules

462.272 Powerof commission to administer oaths, take depositions, issue subpoenas

462.273 Prohibitedactivities of commission, staff and family members

462.275 Commissionactivities concerning betterment of racing; establishment of library

462.277 Serviceand execution of warrants of arrest and search warrants

GENERALREGULATIONS RESPECTING ANIMAL RACING

462.405 Boardof stewards’ authority; sanctions; review of actions by commission; hearing

462.415 Animalsprohibited from racing; prohibited acts; rules

462.417 Scheduleof purses to have prior approval of commission

462.420 Stimulatingor depressing participating animal prohibited

462.430 Prohibitionsconcerning influencing results of races

462.450 Regulationof possession, transportation or use of drugs at race course

462.460 Racinganimal under name or designation other than registered name or designation oraltering license prohibited

462.470 Aidingor abetting racing of animal under name or designation other than registeredname or designation prohibited

462.510 Demandor acceptance of compensation for furnishing racing information as touting; howpredictions on race outcome may be sold

462.520 Penaltyfor falsely using name of racing official as source of information incommission of touting

OFF-RACECOURSE MUTUEL WAGERING

462.700 Authorization;procedure

462.710 Application;contents; conditions; revocation of authority

462.720 Poolingwagered moneys; surcharge on wagering by licensee

462.725 Multi-jurisdictionalsimulcasting and wagering; fees; rules; distribution of moneys paid tocommission

462.730 Paymentsby licensee to commission

462.735 Suspensionor refusal to renew license; hearing; rules

462.740 Rules;compliance with federal law

PENALTIES

462.990 Penalties

LICENSINGOF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND BOOKMAKING REGULATIONS

462.010Definitions.As used in this chapter, unless the context otherwise requires:

(1)“Breaks” means the odd cents remaining after the payoff prices have beencomputed in accordance with ORS 462.140 (3).

(2)“Calendar year” means a 12-month year, January 1 through December 31.

(3)“Commission” means the Oregon Racing Commission.

(4)“Continuous race meet” includes any exhibition of animal racing continuously atthe same race course by two or more licensees where the mutuel system is usedin conjunction with any race.

(5)“Drug” means any narcotic, sedative, anesthetic, analgesic, drug or othermedication of any kind or description intended for use in any manner, directlyor indirectly, internally or externally, in the diagnosis, treatment,mitigation or cure of injury or disease or for use in the prevention of diseasethat could affect, in any manner, the racing condition or performance of ananimal as a depressant, stimulant, local anesthetic, analgesic, sedative orotherwise. “Drug” includes:

(a)Substances, other than foods, intended to affect the structure or any functionof the body of the animal and all substances affecting the central nervoussystem, respiratory system or blood pressure of any animal other than vitaminsor supplemental feeds; and

(b)Any identified substance that can affect or interfere with the true andaccurate testing and analysis of blood, saliva, urine or other samples takenfrom racing animals.

(6)“Fiscal year” means a 12-month year, as described in ORS 293.605.

(7)“Licensee” means a person, partnership, corporation, political subdivision,municipal corporation or any other body holding a license under this chapter.

(8)“Mutuel” means a system whereby wagers with respect to the outcome of a raceare placed with a wagering pool in which the participants are wagering witheach other and not against the operator.

(9)“Public training track” means any race course or other facility that isavailable or open to the public for use in the training or schooling of racinganimals.

(10)“Race” means any race conducted in a race meet. “Race” includes races conductedwithout wagering, provided one or more races in the meet are conducted withwagering.

(11)“Race course” means all the premises used in connection with the conduct of arace meet, including but not limited to, the race track, grandstands, paddock,stables, kennels and all other buildings and grounds adjacent to or appurtenantto the physical limits of the race track.

(12)“Race meet” means any exhibition of animal racing where the mutuel system isused in conjunction with any race. [Amended by 1953 c.497 §4; 1955 c.335 §1;1957 c.313 §1; 1969 c.356 §10; 1975 c.550 §1; 1977 c.855 §1; 1981 c.544 §1;1987 c.913 §7; 1997 c.865 §1; 2003 c.14 §294]

462.020License requirement; authority of commission to require fingerprints; rules. (1) A personmay not hold a race meet without having first obtained and having in full forceand effect a license therefor issued by the Oregon Racing Commission.

(2)A trainer, driver, jockey, apprentice jockey, horse owner, dog owner, exerciseperson, agent, authorized agent, jockey’s agent, stable foreman, groom, valet,veterinarian, horseshoer, steward, stable guard, starter, timer, judge or otherperson acting as a participant or official at any race meet, including allemployees of the pari-mutuel department, may not participate in race meetswithout having first obtained and having in full force and effect a licenseissued by the commission, pursuant to such rules as the commission shall make.The commission by rule may require other employees of a race meet licensee whoare engaged in or performing duties at the race course to obtain a licenseissued by the commission prior to engaging or performing such duties. Thecommission by rule may also require persons, including corporations, who arenot employees of a race meet licensee, but who are authorized to do business atthe race course, to obtain a license issued by the commission prior toconducting such business.

(3)A person may not operate a public training track or public kennel forgreyhounds participating in a race meet without having first obtained and havingin full force and effect a license issued by the commission.

(4)The commission may require each applicant for a license to be photographed andshall require each applicant to be fingerprinted as part of the licensingprocedure for the purpose of requesting a state or nationwide criminal recordscheck under ORS 181.534.

(5)Each person holding a license under this chapter shall comply with all rulesand orders of the commission.

(6)Notwithstanding the requirements of subsection (2) of this section, thecommission, upon receipt of a written application for a license on formsprovided by the commission, may in its sound discretion issue a temporarylicense valid for a period not to exceed 10 days pending final approval ordisapproval of the written application for a license. [Amended by 1955 c.454 §1;1957 c.313 §2; 1969 c.356 §11; 1975 c.549 §2; 1983 s.s. c.7 §1; 1999 c.59 §131;2003 c.166 §2; 2005 c.730 §25]

462.025Notice required to terminate use of license; hearing. No licensee whoaccepts an engagement or employment or undertakes activities in preparation foror in connection with a race meet shall voluntarily terminate or discontinuethe engagement, employment or activities of the licensee or otherwise refuse tocooperate or participate, unless the licensee gives the Oregon RacingCommission notice in writing of the intention to do so at least 15 days priorto such termination or discontinuance. The commission may, upon notice to allinterested parties, conduct one or more hearings with respect to any suchtermination or discontinuance. [1969 c.356 §5; 1975 c.549 §3]

462.030Qualifications for eligibility of race meet operator. No person iseligible to operate a race meet with a license issued under this chapter unlessthe person is the owner or controls the possession of a properly constructedrace track suitable for the class of races which are proposed to be conductedat such race track and improved with safe and suitable grandstands, equippedwith reasonably sanitary accommodations, adequate stables for livestocktogether with adequate fire protection equipment, and such other properimprovements as in the judgment of the Oregon Racing Commission may berequired, taking into consideration the location of such race track and theprobable capacity requirements to accommodate the crowd and the number ofpeople that will reasonably be expected to occupy the grandstands and attendthe race meets. [Amended by 1955 c.336 §1]

462.040Race meet licenses, classes, limitations, contents; rules. (1) Race meetlicenses granted by the Oregon Racing Commission shall be limited to:

(a)Licenses for horse and mule race meets (Class A).

(b)Licenses for greyhound race meets (Class B).

(2)(a)Except as the commission otherwise may provide by rule, no licensee shall begranted licenses of both classes nor shall licenses be issued for more than oneclass of racing on the same race course, track or location.

(b)In adopting rules to carry out the provisions of this subsection, thecommission shall consider, among other matters, the impact on existing racemeet licensees in the county in which application for a license referred to inparagraph (a) of this subsection is made.

(3)The commission shall not grant any license for greyhound racing at the OregonState Fair.

(4)The license shall specify the number of days the race meet shall continue andthe number of races per day. [Amended by 1955 c.639 §1; 1957 c.313 §3; 1969c.356 §12; 1975 c.549 §4; 1979 c.720 §1; 1989 c.210 §3; 1997 c.865 §2]

462.050Application for race meet license; bond; payment of fees; submission offinancial statements and inspection of records; return of deposit; refund oflicense fee.(1) Every person making application for a license to hold a race meet shallfile the application with the Oregon Racing Commission. The application shallset forth the time, place and number of days the applicant desires the meet tocontinue, together with the applicant’s estimate of the daily average paymentthat the applicant will pay to the state upon the gross amount of money wageredper day and such other information as the commission may require.

(2)The commission may, in its discretion, require a performance bond in an amountnot to exceed $10,000, to insure that the licensee operates a race meet on thelicense days granted.

(3)The application shall be accompanied by a check on a financial institutionmaintaining an office and licensed to do business in Oregon in an amount equalto the license fee, exclusive of required percentage payments, required for thenumber of days for which the license is requested. If the license is notgranted, such deposit shall be returned promptly to the applicant. If thelicense is granted, but for fewer days than applied