ORS 462.075
Grounds for refusal to issue or renew licenses

  • hearing

(1)

The Oregon Racing Commission may refuse to issue to or renew the license of any applicant if it has reasonable ground to believe that the applicant:

(a)

Has been suspended or ruled off a recognized course in another jurisdiction by the racing board or commission thereof.

(b)

Is not of good repute and moral character.

(c)

Does not have, when previously licensed, a good record of compliance with the racing or gaming laws of this state or of any other state and with the rules of the commission or of any other racing or gaming commission.

(d)

If the applicant is a corporation, firm or association, is not duly authorized to conduct business within the State of Oregon.

(e)

If an individual, has been convicted of a crime involving moral turpitude or of any gambling or gambling-related offense, or, if a corporation, firm or association, is in whole or in part controlled or operated directly or indirectly by a person who has been convicted of a crime involving moral turpitude or of any gambling or gambling-related offense.

(f)

If an individual, is engaged in wagering by other than the mutuel method or in pool selling or bookmaking in any state of the United States or foreign country or, if a corporation, firm or association, is in whole or in part controlled or operated directly or indirectly by a person who is engaged in wagering by other than the mutuel method or in pool selling or bookmaking in any state of the United States or foreign country.

(g)

Has been found guilty by the commission of a violation of this chapter or any rules of the commission.

(h)

Should not, in the best interest of the safety, welfare, health, peace and morals of the people of the state, be granted a license.

(2)

The commission may refuse to issue or renew a license to conduct a race meet for any ground set forth in subsection (1) of this section or if it has reasonable ground to believe any of the following to be true:

(a)

That the applicant is not possessed of or has not demonstrated financial responsibility sufficient to meet adequately the requirements of the enterprise proposed to be licensed.

(b)

That the applicant is not the true owner of the enterprise proposed to be licensed, that other persons have ownership in the enterprise which has not been disclosed or, if the applicant is a corporation, that any of the stock of such corporation is subject to a contract or option to purchase at any time during the period for which the license is issued.

(c)

That the granting of a license in the locality set out in the application is not demanded by public interest or convenience.

(d)

That the applicant, if a corporation, transferred any of its stock after an application for a license to hold a race meet was filed with the commission without prior commission approval. The provisions of this paragraph shall not apply to day-to-day transfers of stock of a publicly held corporation whose shares are publicly quoted and regularly traded in the marketplace unless the transfer, or a combination of transfers, involves a controlling interest in or affects the operational control of the corporation, or involves 10 percent or more of any class of stock of the corporation.

(e)

That the applicant lacks, or if the applicant is a corporation, its officers, managerial employees, directors and principal stockholders lack, the requisite character, reputation, general business and managerial competence and ability, and experience in the business of racing so as to justify or command public confidence.

(f)

That the granting of the application would adversely and unreasonably affect the economy of the State of Oregon and its people and the revenues of this state and of other beneficiaries of racing funds designated in this chapter.

(3)

The commission may refuse to issue or renew a license to any person who has made a false statement of a material fact to the commission.

(4)

The commission may refuse to issue or renew a license to any applicant for a race meet license if the applicant has failed to meet any monetary obligation in connection with any race meet held in this state.

(5)

The commission may deny a license to any applicant for a race meet license under ORS 462.067 (License and other fees for race meets not subject to ORS 462.057 and 462.062) unless the applicant for the license and the greyhound kennel owners, or their representative association, have previously agreed upon a purse schedule.

(6)

Before refusing to license any applicant for a race meet license, the commission shall afford the applicant an opportunity for hearing after reasonable notice as provided in ORS chapter 183. When the commission refuses to license an applicant on the basis of grounds provided in subsection (1)(b), (c) or (h) of this section, the commission shall specify the particular activities that constitute the grounds for refusal and shall give the applicant written notice thereof. [1955 c.641 §1; 1957 c.313 §5; 1969 c.356 §15; 1973 c.612 §20; 1979 c.330 §2; 1981 c.544 §18; 1987 c.413 §4; 1995 c.260 §1; 1997 c.865 §6]

Source: Section 462.075 — Grounds for refusal to issue or renew licenses; hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors462.­html.

462.010
Definitions
462.020
License requirement
462.025
Notice required to terminate use of license
462.030
Qualifications for eligibility of race meet operator
462.040
Race meet licenses, classes, limitations, contents
462.050
Application for race meet license
462.055
Authority to require applicant to have recommendation of local governing body
462.057
License and other fees and purses
462.062
Fees and other payments by licensees of horse race meets not subject to ORS 462.057
462.065
Security for association receiving payments under ORS 462.057 or 462.062
462.067
License and other fees for race meets not subject to ORS 462.057 and 462.062
462.068
Fees for wagering on certain previously held races
462.070
License fees for officials, track operators and other race meet participants
462.072
Cash Vouchers Account
462.073
Unclaimed Winnings Account
462.075
Grounds for refusal to issue or renew licenses
462.080
Exclusion of certain persons from race courses
462.090
Revocation, suspension and refusal to renew licenses
462.100
License fee and tax in lieu of all others
462.110
Public liability insurance required
462.125
Number and classes of race meets
462.127
Oregon Quarter Horse Racing Association and Oregon Division Horsemen’s Benevolent and Protective Association racing
462.130
Oregon bred horse races
462.135
Oregon bred greyhound races
462.140
Prohibitions concerning bookmaking, betting
462.142
Account wagering
462.145
Handicapping contests
462.147
Mutuel pools
462.150
Regulation of underpayments
462.155
Wagering on races previously held
462.157
Limitations on wagering on historical animal racing
462.160
When race meet is a nuisance
462.170
Commission rules apply to county fairs
462.185
Issuance of licenses to animal owners or trainers
462.190
Restrictions on minors
462.195
Written statement of age from purchaser of mutuel wagering ticket or receipt
462.200
Tests of animals participating in race meets or persons required to be licensed
462.210
Oregon Racing Commission
462.220
Compensation and expenses of members
462.230
Vacancies and removal
462.240
Oath of office
462.250
Organization of commission
462.260
Oregon Racing Commission Account
462.265
Commission subject to state budget procedures and laws governing supervision of expenditures
462.270
Duties of commission
462.272
Power of commission to administer oaths, take depositions, issue subpoenas
462.273
Prohibited activities of commission, staff and family members
462.275
Commission activities concerning betterment of racing
462.277
Service and execution of warrants of arrest and search warrants
462.301
Definitions for ORS 462.301 to 462.340
462.304
Legislative findings
462.307
Lawful exchange wagering
462.310
Exchange wagering accounts
462.313
Exchange wagering license
462.316
Prohibition on accepting certain wagers
462.319
Collection of exchange revenues
462.322
Cancellation of wagers
462.325
Matched wagers
462.328
Posting of exchange wager in market
462.331
Posting of exchange wager in pool
462.334
Fees
462.337
Limitations on authority of Oregon Racing Commission
462.340
Rules
462.405
Board of stewards’ authority
462.408
Recovery of owed amounts
462.415
Animals prohibited from racing
462.417
Schedule of purses to have prior approval of commission
462.420
Stimulating or depressing participating animal prohibited
462.430
Prohibitions concerning influencing results of races
462.450
Regulation of possession, transportation or use of drugs at race course
462.460
Racing animal under name or designation other than registered name or designation or altering license prohibited
462.470
Aiding or abetting racing of animal under name or designation other than registered name or designation prohibited
462.510
Demand or acceptance of compensation for furnishing racing information as touting
462.520
Penalty for falsely using name of racing official as source of information in commission of touting
462.700
Authorization
462.710
Application
462.720
Pooling wagered moneys
462.725
Multi-jurisdictional simulcasting and wagering
462.727
Totalizator business license
462.730
Payments by licensee to commission
462.735
Suspension or refusal to renew license
462.740
Rules
462.990
Penalties
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