Oregon Statutes 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:
Terms Used In Oregon Statutes 462.075
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Commission: means the Oregon Racing Commission. See Oregon Statutes 462.010
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mutuel: means a system whereby:
(a) Wagers with respect to the outcome of a race are placed with a wagering pool in which the participants are not wagering against the operator; and
(b) The operator distributes to one or more winning participants the total amount in the wagering pool, less amounts deducted by the operator as approved by the commission. See Oregon Statutes 462.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Race: includes races conducted without wagering, provided one or more races in the meet are conducted with wagering. See Oregon Statutes 462.010
- Race meet: means any exhibition of animal racing where the mutuel system is used in conjunction with any race. See Oregon Statutes 462.010
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(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 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]