A. The Commission shall require any person desiring to become a partner, member or principal stockholder of any licensee to apply to the Commission for approval thereof and may demand such information of the applicant as it finds necessary. The Commission shall consider such application forthwith and shall approve or deny the application within 60 days of receipt. The Commission shall approve an application that meets the criteria set forth in this chapter. The Commission shall deny an application if in its judgment the acquisition by the applicant would be detrimental to the public interest or to the honesty, integrity, and reputation of racing. The Commission shall approve an application to acquire actual control of a licensee only if it finds that the applicant meets the criteria set forth in subsection B.
B. If an applicant proposes to acquire actual control of a licensee, such person shall, pursuant to subsection A, submit to the Commission (i) its proposal for the future operation of any existing or planned racetrack, or satellite facility owned or operated by the licensee, (ii) such additional information as it desires, and (iii) such information as may be required by the Commission to assure the Commission that the licensee, under the actual control of such person, will have the experience, expertise, financial responsibility and commitment to comply with (a) the provisions of this chapter, (b) Commission regulations and orders, (c) the requirements for the continued operation of the licensee pursuant to the terms and conditions in effect on the date of the application of all licenses held by the licensee, (d) any existing contract with a recognized majority horseman's group, and (e) any proposal submitted to the Commission by such person. The provisions of this subsection shall apply regardless of whether the control acquired is direct or indirect or whether its acquisition is accomplished individually or in concert with others.
C. Any such acquisition of control without prior approval of the Commission shall be voidable by the Commission and, in such instance, the Commission may revoke any license it has issued to such licensee, order compliance with this section, or take such other action as may be appropriate within the authority of the Commission.
1988, c. 855; 2003, c. 705.
Structure Code of Virginia
Title 59.1 - Trade and Commerce
Chapter 29 - Horse Racing and Pari-Mutuel Wagering
§ 59.1-364. Control of racing with pari-mutuel wagering
§ 59.1-366. The Virginia Racing Commission created; members
§ 59.1-367. Legal representation
§ 59.1-368. Financial interests of Commission members, employees and family members prohibited
§ 59.1-369. Powers and duties of the Commission
§ 59.1-370. Commission; Executive Secretary; staff; stewards
§ 59.1-370.1. State Racing Operations Fund
§ 59.1-371. Fingerprints and background investigations; investigations from other states
§ 59.1-372. Virginia Breeders Fund
§ 59.1-373. Hearing and appeal
§ 59.1-375. Owner's and operator's license required
§ 59.1-376. Limited licenses; transfer of meet; taxation; authority to issue; limitations
§ 59.1-377. Application for owner's license
§ 59.1-378. Issuance of owner's license
§ 59.1-378.1. Licensing of owners or operators of certain pari-mutuel facilities
§ 59.1-379. Refusal of owner's license
§ 59.1-380. Duration, form of owner's license; bond
§ 59.1-381. Application for operator's license
§ 59.1-382. Issuance of operator's license
§ 59.1-383. Duration, form of operator's license; bond
§ 59.1-384. Denial of license final
§ 59.1-385. Suspension or revocation of license
§ 59.1-386. Acquisition of interest in licensee
§ 59.1-387. Permit required; exception
§ 59.1-388. Application for permit
§ 59.1-389. Consideration of application
§ 59.1-390. Suspension or revocation of permit; fine
§ 59.1-391. Local referendum required
§ 59.1-392. Percentage retained; tax
§ 59.1-392.1. Advance deposit account wagering revenues; distribution
§ 59.1-394.1. Live Horseracing Compact; form of compact
§ 59.1-394.2. Compact Committee members
§ 59.1-394.3. Cooperation of departments, agencies and officers of the Commonwealth
§ 59.1-394.4. Racing Commission powers preserved
§ 59.1-395. Unlawful conduct of wagering
§ 59.1-396. Fraudulent use of credential
§ 59.1-397. Unlawful transmission of information
§ 59.1-399. Bribing of a jockey, driver or other participant
§ 59.1-400. Prohibited acts, administration of drugs, etc.; penalty
§ 59.1-402. Racing under false name; penalty
§ 59.1-403. Prohibition on persons under 21 years of age; penalty