Oregon Statutes 462.080 – Exclusion of certain persons from race courses; hearing; penalty
(1) The Oregon Racing Commission may exclude from any and all race courses any person whom the commission deems detrimental to the best interest of racing or any person who willfully violates any provision of this chapter or any rule or order issued by the commission or any person who has been found guilty of violating any laws of this state, another state or the United States related to gambling or wagering or which adversely reflects on the person’s honesty. The commission may take such action without first providing a hearing and without being subject to either criminal or civil liability. However, if no hearing is provided, then, within 10 days after the board’s action and upon demand by the aggrieved party, the commission shall grant a hearing as provided in ORS Chapter 183, except that such hearing shall take place no later than 20 days following demand.
Terms Used In Oregon Statutes 462.080
- Commission: means the Oregon Racing Commission. See Oregon Statutes 462.010
- Licensee: means a person, partnership, corporation, political subdivision, municipal corporation or any other body holding a license under this chapter. See Oregon Statutes 462.010
- 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
- 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 course: means all the premises used in connection with the conduct of a race meet, including but not limited to, the race track, grandstands, paddock, stables, kennels and all other buildings and grounds adjacent to or appurtenant to the physical limits of the race track. 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
(2) Any person who has been convicted of or who attempts or conspires to commit touting, pool selling, bookmaking, circulating handbooks or wagering by other than the mutuel method whether within or without the state hereby is deemed to be an undesirable person detrimental to the best interest of racing.
(3) Any person who violates a rule or order of the commission or any person who fails to obey reasonable directives of the commission’s security personnel or any person having been excluded by order of the commission under subsection (1) or (2) of this section or is found engaging in or attempting to engage in touting, pool selling, bookmaking, circulating handbooks or wagering by other than the mutuel method or is disturbing the peace may be ejected from the race course.
(4) A race meet licensee may eject or exclude any person from the race course for any reason and in any manner that is not contrary to law.
(5) Any of the foregoing persons who refuses to leave a race course when ordered to do so by commission inspectors or the stewards, or by any peace officer, is guilty of a misdemeanor. [Amended by 1955 c.538 § 1; 1957 c.313 § 6; 1969 c.356 § 16; 1973 c.612 § 21; 1979 c.330 § 3; 1983 s.s. c.7 § 6; 1987 c.413 § 5]