Louisiana Revised Statutes 4:158 – License to operate a horse racing track; license to conduct race meetings
Terms Used In Louisiana Revised Statutes 4:158
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Chambers: A judge's office.
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
A. Any person or corporation may apply to the commission for a license to operate a track to conduct horse racing within the State of Louisiana. The commission may grant such a license for a period up to and including ten years. Nothing in this Subsection shall limit the authority of the commission granted by state law to fine or suspend an association or terminate racing privileges granted to an association.
B.(1) On or before the fifteenth of April of each year and on or before the fifteenth of August of each year any person or corporation possessing the qualifications prescribed in this Part may apply to the commission for a license or licenses to conduct race meetings.
(2)(a) On or before the first of May and the first of September of each year, after receipt of the applications the commission shall convene to consider licenses to conduct race meetings. The commission shall assign dates for all race meetings in the state at each track and license in accordance therewith and shall set the minimum number of live races required per race day.
(b) The commission may amend an application, or any included race dates, or assign different dates than those included in the application for any reason that it considers sufficient, making every effort to reduce conflicting or overlapping live race meeting dates for the tracks in this state.
(3) An application filed prior to any one of the two deadlines shall request dates for racing to commence not sooner than four months from said deadlines.
C.(1) Any licenses granted pursuant to this Section, when applicable, shall set forth the name of the licensee, the location of the race track, the duration of the race meeting, and the kind of racing to be conducted, and shall recite the receipt by the commission of the license fee provided for in this Part.
(2) Any license granted pursuant to this Section shall be nontransferable and shall only apply to the place, track, or enclosure specified in the license.
D.(1) Should the commission, after due proceedings had in conformity with this Part, suspend or revoke an association’s license or licenses granted pursuant to this Section, the association may within ten days of the notification of the commission’s decision take a suspensive appeal to the district court having jurisdiction over the association’s track. Such appeals shall be filed in the district court in the same manner as original suits are instituted. The appeals shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard.
(2) Within ten calendar days of the signing of the judgment by the district court in any such appeal case, the commission or the applicant for a license or licenses, or a licensee, as the case may be, may suspensively appeal the judgment to the appellate court of proper jurisdiction. These appeals shall be perfected in the manner provided for in civil cases and shall be suspensive or devolutive in the discretion of the court.
(3) All proceedings in the district and appellate courts arising under this Part are civil in nature and shall be heard summarily by the court, without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open court, and in or out of term.
Acts 1968, No. 554, §1; Acts 2014, No. 731, §1; Acts 2021, No. 436, §1, eff. July 1, 2021.