Arizona Laws 5-107.01. Necessity for permits for racing meetings; licenses for officials and other persons; unauthorized racing meetings; violation; classification
A. A person, association or corporation shall not hold any racing meeting without having first obtained and having in full force and effect a permit that is issued by the department.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
Terms Used In Arizona Laws 5-107.01
- Applicant: means a person, partnership, association or corporation placing before the department an application for a permit or license. See Arizona Laws 5-101
- Association: means a body of persons, corporations, partnerships or associations, united and acting together without a charter from the state for the prosecution of some common enterprise. See Arizona Laws 5-101
- Commission: means the Arizona racing commission. See Arizona Laws 5-101
- Concessionaire: means a person, partnership, association or corporation that offers goods or services for sale to the public, a permittee or a licensee at an enclosure in which authorized racing takes place or an additional wagering facility. See Arizona Laws 5-101
- 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.
- Department: means the department of gaming. See Arizona Laws 5-101
- Director: means the director of the department of gaming. See Arizona Laws 5-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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.
- License: means the license issued by the department to each employee or other person participating in any capacity in a racing meeting, including officials and employees of the pari-mutuel department. See Arizona Laws 5-101
- Permit: means a permit for a racing meeting issued under this article. See Arizona Laws 5-101
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Racing meeting: means a number of days of racing allotted by the commission in one permit. See Arizona Laws 5-101
- Unauthorized racing meeting: means any racing meeting conducted outside the bounds of a permit. See Arizona Laws 5-101
B. A trainer, driver, jockey, apprentice jockey, horse owner, exercise rider, agent, jockey’s agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable watchman, starter, timer, judge, food and beverage concessionaire, manager or other person acting as a participant or official at any racing meeting including all employees of the pari-mutuel department and any other person or official the department deems proper shall not participate in racing meetings without having first obtained and having in full force and effect a license or credentials that are issued by the department, pursuant to such rules as the commission shall make. The department shall not revoke a license except for cause and after a hearing.
C. Each person, association or corporation that holds a permit or a license under this chapter shall comply with all rules and orders of the commission or department.
D. Any credential or license that is issued by the department to a licensee shall be used only as prescribed by commission rule or order of the director. Use for purposes other than those prescribed is grounds for suspension or revocation or imposition of a civil penalty as provided in Section 5-108.02, subsection E.
E. All applicants for a permit or license shall submit to the department a full set of fingerprints, background information and the fees that are required pursuant to section 41-1750. The department of gaming shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The applicant shall pay the fingerprint fee and costs of the background investigation in an amount that is determined by the department. For such purpose the department of gaming and the department of public safety may enter into an intergovernmental agreement pursuant to Title 11, Chapter 7, Article 3. The fees shall be credited pursuant to section 35-148.
F. The director may issue a temporary license to an owner, trainer, driver or jockey who is duly licensed in another jurisdiction for special races or special circumstances for a period of not to exceed thirty days. The director may allow a trainer so licensed to complete an application for a temporary license for an owner if the owner is not immediately available to personally submit the application.
G. A licensed owner, lessee or trainer of a qualified horse who has applied to a permittee to be stabled at a track and who has not been granted a stall shall not be prohibited from bringing the horse on the race grounds for the purpose of entering the animal in races that are held by the permittee or for the purposes of qualifying to race solely for the reason that the animal is not being stabled at the track if the owner, lessee or trainer is in compliance with rules adopted by the commission.
H. A person, association or corporation that knowingly holds an unauthorized racing meeting is guilty of a class 6 felony.