TITLE 3

Agriculture

Horse Racing

CHAPTER 101. HORSE RACING

Subchapter II. License to Conduct Racing Meet; Taxes


No person shall hold or conduct any meeting within this State at which horse racing is permitted for any stake, purse or reward, unless such person is licensed by the Commission as provided in this subchapter.

38 Del. Laws, c. 62, § 6; 40 Del. Laws, c. 112, § 1; Code 1935, § 5501; 28 Del. C. 1953, § 321; 49 Del. Laws, c. 220, § 28; 68 Del. Laws, c. 84, § 173(a).;

(a) Any person desiring to conduct a racing meet within this State during any calendar year shall apply to the Commission for a license to do so. The application shall be filed with the Secretary of the Commission on or before a day to be fixed by the Commission. The application shall specify the days on which racing is desired to be conducted or held and shall be in such form and supply such data and information, including a blueprint of the track and specifications of its surface and blueprints and specifications of buildings and the grandstand on the land of the applicant where the meeting is to be conducted as the Commission prescribes. The blueprints and specifications shall be subject to the approval of the Commission, which, at the expense of the applicant, may order such engineering examination thereof as to the Commission seems necessary. The erection and construction of the track, grandstand and buildings of any applicant for a license to conduct racing under this chapter shall be subject to the inspection of the Commission which, at the expense of the applicant, may employ such inspectors as it considers necessary for that purpose.

(b)(1) No license shall be issued by the Commission for flat racing on a track less than 1 mile in circumference or for steeplechase racing in the infield of a track less than 1 mile in circumference.

(2) The Commission may reject any application for a license for any cause which it deems sufficient, and the action of the Commission shall be final.

(c) The Commission shall, upon application to it and on or before the 1st Tuesday in February of each year, award dates for racing within the respective counties of this State for the current year. The dates so awarded for racing to be conducted in any 1 county shall not exceed 340 days in the aggregate in which racing will be conducted in any 1 county in this State, and the decision of the Commission on the award of dates shall be final. Dates awarded in any 1 county shall be used by the licensee in that county for racing in that county only. Anything in this subsection to the contrary notwithstanding, in calendar year 1992 only, the Commission may upon application submitted to it on or before September 1, 1992, meet subsequent to the 1st Tuesday in May and award additional dates for racing within the respective counties of this State for 1992; provided, however, that the Commission may award additional dates, beyond any limits prescribed elsewhere, for racing days limited exclusively to the receiving and accepting of wagers or bets on electronically televised simulcasts of horse races.

(d) No more than 2 racing meets shall be held in any 1 county in any 1 year.

(e) The Commission may meet subsequent to the 1st Tuesday in February of each year and award dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter. In calendar year 1985, the Commission may meet subsequent to July 1, 1985, and award additional dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter.

(f) No part of this chapter shall be construed to apply to harness horse racing or harness horse races.

38 Del. Laws, c. 38, §§ 7, 8, 10; 40 Del. Laws, c. 112, § 1; Code 1935, §§ 5502, 5503, 5505; 41 Del. Laws, c. 219, § 1; 43 Del. Laws, c. 242; 47 Del. Laws, c. 24; 28 Del. C. 1953, § 322; 51 Del. Laws, c. 300, § 1; 52 Del. Laws, c. 147; 56 Del. Laws, c. 228, § 1; 58 Del. Laws, c. 2; 58 Del. Laws, c. 4; 60 Del. Laws, c. 426, § 1; 65 Del. Laws, c. 15, §§ 1-3; 67 Del. Laws, c. 18, § 1; 68 Del. Laws, c. 84, § 173(a); 68 Del. Laws, c. 253, § 1; 69 Del. Laws, c. 446, § 24.;

(a) Any person, upon applying to the Commission for a license to conduct a racing meet within this State during any calendar year, shall, at the time of making the application, pay to the Secretary of the Department of Finance a fee of $3,000.

(b) Any person who is granted a license by the Commission to conduct a racing meet within this State during any calendar year shall, at the time the license is granted, pay to the Secretary of the Department of Finance an additional fee of $2,000.

38 Del. Laws, c. 62, § 5; 40 Del. Laws, c. 112, § 1; Code 1935, § 5500; 41 Del. Laws, c. 219, § 1; 28 Del. C. 1953, § 323; 57 Del. Laws, c. 741, § 31A; 68 Del. Laws, c. 84, § 173(a).;

(a) Upon the award of days to any applicant, the Commission shall issue a license for the holding of the meet or meets during the days awarded to the applicant.

(b) The license shall be subject to all rights, regulations and conditions from time to time prescribed by the Commission.

38 Del. Laws, c. 62, § 9; Code 1935, § 5504; 28 Del. C. 1953, § 324; 68 Del. Laws, c. 84, § 173(a).;

(a) Any license issued by the Commission shall be subject to suspension or revocation by the Commission for any cause whatsoever which the Commission may deem sufficient.

(b) If any license is suspended or revoked, the Commission shall state publicly its reasons for so doing and cause an entry of the reasons to be made on the minute book of the Commission, and its action shall be final.

(c) The propriety of the action taken by the Commission shall be subject to review, upon question of law only, by the Superior Court of the county within which the license was granted. The action of the Commission shall stand unless and until reversed by the Court.

38 Del. Laws, c. 62, § 9; Code 1935, § 5504; 28 Del. C. 1953, § 325; 68 Del. Laws, c. 84, § 173(a).;

Repealed by 63 Del. Laws, c. 143, § 7, eff. July 13, 1981.;

Not less than 5 days prior to the opening of any meet authorized by the Commission, the Commission, at the expense of the licensee for the meet, shall cause to be made an inspection of the track, grandstand and buildings where the meet is to be held, and, unless the track, grandstand and buildings are found to be safe for animals and persons or are rendered safe therefor prior to the opening of the meet, the license for the meet shall be withdrawn.

38 Del. Laws, c. 62, § 7; Code 1935, § 5502; 41 Del. Laws, c. 219, § 1; 28 Del. C. 1953, § 327; 68 Del. Laws, c. 84, § 173(a).;

(a) The Commission may make rules governing, restricting or regulating the rate or charge by a licensee for admission or for the performance of any service or the sale of any article on the premises of a licensee.

(b) The Commission may use the services of the Thoroughbred Racing Protection Bureau and county, state or federal law-enforcement agencies. An individual making application for a license to participate in or be employed at a meet held by a licensee shall be fingerprinted by the Commissioner or the Commissioner's designee for purposes of a criminal history record check. The individual shall be responsible for all costs related to the fingerprinting and criminal history check.

(c) The Commission may authorize a licensee to appoint, subject to the approval and control of the Commission: (1) Racing officials; (2) chemists; (3) accountants; (4) engineers; (5) stewards; and (6) veterinarians; and grant licenses to all participants in the racing meet.

(d) No Commissioner, racing official, steward or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any race regulated by the Commission, have any financial or primary interest in the outcome of any race regulated by the Commission, or have any financial interest in a thoroughbred and/or Arabian horse race track or in the operation of any such track within this State.

(e) All proposed extensions, additions or improvements to the buildings, stables or improvements on tracks or property owned or leased by a licensee under this chapter shall be subject to the approval of the Commission.

(f) The Commission may compel the production of any and all books, memoranda or documents showing the receipts and disbursements of any person licensed under the provisions of this chapter to conduct racing meets.

(g) The Commission may at any time require the removal of any employee or official employed by any licensee hereunder.

(h)(1) The Commission may require that the books, records and financial or other statements of any person licensed under the provisions of this chapter shall be kept in such form or in such manner as the Commission prescribes.

(2) The Commission may visit, investigate and place expert accountants and such other persons as it deems necessary in the offices, tracks or places of business of any such person for the purpose of satisfying itself that the Commission's rules and regulations are strictly complied with. The salaries and expenses of such expert accountants or other persons shall be paid by the person to whom they are assigned.

(i) The Commission may issue, under the hand of its Chairman and the seal of the Commission, subpoenas for the attendance of witnesses and the production of books, papers and documents before the Commission and may administer oaths or affirmations to the witnesses whenever in the judgment of the Commission it may be necessary for the effectual discharge of its duties.

(j) If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then any Commissioner may apply to the Superior Court of the county in which the Commissioner or the Commission may be sitting, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify or to produce the books, papers or documents.

(k) Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly.

(l) False swearing on the part of any witness shall be deemed perjury and shall be punished as such.

(m)(1) The Commission shall adopt regulations governing the operation of thoroughbred and Arabian racing including the regulation of betting in connection therewith and the regulation of the conduct of all participants in any racing meet, to insure the integrity and security of the conduct of meetings held pursuant to this chapter. Such regulations shall include provisions for disciplinary measures for violations thereof including the imposition of fines, suspension or revocation of licenses or permits, and ejection or expulsion from a licensee's premises.

(2)a. The Commission shall have the authority to impose a fine of up to the greater of $10,000 or the amount of the purse money for the race to which the violation related for any violation of its regulations.

b. The stewards of a race meeting acting in accordance with such regulations if authorized by the Commission shall have the authority to impose disciplinary measures, including fines, suspension or revocation of licenses or permits, and ejection or exclusion from a licensee's premises.

c. All fines imposed pursuant to this section shall be paid over to the General Fund upon receipt by the Commission.

d. A person fined or otherwise disciplined by the stewards of a racing meeting shall have a right of appeal to the Commission and for a hearing before the Commission. Any person fined or otherwise disciplined by the Commission shall have a right of appeal to the Superior Court of the State.

e. The action of the Commission shall stand unless and until reversed by the Court.

(n) The Commission shall promulgate administrative regulations for effectively preventing the use of improper devices, the administration of drugs or stimulants or other improper acts for the purpose of affecting the speed or health of horses in races in which they are to participate. The Commission is also authorized to promulgate administrative regulations for the legal drug testing of licensees. The Commission is authorized to contract for the maintenance and operation of a testing laboratory and related facilities, for the purpose of saliva, urine or other tests for enforcement of the Commission's drug testing rules and regulations. The licensed persons or associations conducting thoroughbred racing shall reimburse the Commission for all costs of the drug testing programs established pursuant to this section. Increases in costs of the aforementioned testing program shall be reasonable and related to expansion in the number of days of racing and the number of races held, the need to maintain competitive salaries, and inflation. The Commission may not unreasonably expand the drug testing program beyond the scope of the program in effect as of June 30, 1998. Any decision by the Commission to expand the scope of the drug testing program that occurs after an administrative hearing, at which the persons or associations licensed under § 10121 of this title consent to such expansion, shall not be deemed an unreasonable expansion for purposes of this section. The Commission, in addition to the penalties contained in § 10125 of this title, may impose penalties on licensees who violate the drug testing regulations including imposition of fines or assessments for drug testing costs. By January 1, 1999, the Commission shall present recommendations to the General Assembly regarding the implementation of additional penalties, including forfeiture of horses, which may be imposed on a licensee whose horse tests positive for illegal drugs.

38 Del. Laws, c. 62, § 10; Code 1935, § 5505; 43 Del. Laws, c. 242; 28 Del. C. 1953, § 328; 63 Del. Laws, c. 143, §§ 6, 8; 64 Del. Laws, c. 266, §§ 2, 3; 68 Del. Laws, c. 84, § 173(a); 69 Del. Laws, c. 47, § 1; 70 Del. Laws, c. 131, § 1; 70 Del. Laws, c. 554, § 1; 71 Del. Laws, c. 414, § 5; 79 Del. Laws, c. 136, § 1.;

Every licensee shall file with the Commission, not later than 4 months after the close of its fiscal year, a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during such fiscal year and all expenses and disbursements itemized in the manner and form directed by the Commission. The statement shall also show the net revenue from all sources derived by the licensee during the fiscal year covered by such statement.

38 Del. Laws, c. 62, § 12; Code 1935, § 5506; 43 Del. Laws, c. 242; 28 Del. C. 1953, § 329; 56 Del. Laws, c. 42, § 1; 68 Del. Laws, c. 84, § 173(a).;

(a) The Commission shall have the power to impose license fees for those participating in a racing meet.

(b) The license fees for participants in a racing meet, if imposed by the Commission, shall be payable to the Commission as follows:

(1) $50 for all owners and all trainers.

(2) $30 for all veterinarians, farriers, jockeys, apprentice jockeys, jockey agents and assistant trainers.

(3) $15 for all licensee vendors and vendor employees.

(4) $5 for all stable employees and association employees.

(5) $25 for each stable name.

(6) $25 for each partnership

(7) $50 for each authorized agent.

(c) This section shall be retroactive to January 1, 1996; however, paragraphs (b)(5), (b)(6), and (b)(7) of this section shall be retroactive to January 1, 2000.

70 Del. Laws, c. 555, § 1; 72 Del. Laws, c. 291, §§ 1, 2.;