Oregon Statutes 462.710 – Application; contents; conditions; revocation of authority
(1) Any race meet licensee may make written application to the Oregon Racing Commission to conduct off-race course mutuel wagering:
Terms Used In Oregon Statutes 462.710
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Commission: means the Oregon Racing Commission. See Oregon Statutes 462.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
(a) On races held at the licensee’s race course; or
(b) On races held at race courses outside this state.
(2) The application shall be in such form, shall contain such information and shall be submitted at such time and in such manner as the commission may require. Information required by the commission may include, but is not limited to, a description of the facilities, equipment and method of operation whereby the applicant proposes to conduct off-race course mutuel wagering activities.
(3) The commission shall authorize off-race course mutuel wagering upon such terms and conditions regarding the time, location and manner of operation as the commission considers appropriate. The commission may not authorize more than 20 locations for off-race course mutuel wagering to be in operation at any one time and shall permit off-race course mutuel wagering only at an authorized location. The commission may not authorize the conduct of off-race course mutuel wagering at any time or place or in any manner that the commission determines would have substantial adverse impact upon mutuel wagering on races held at a race course in this state. The commission may not authorize a race meet licensee to conduct off-race course mutuel wagering within the boundaries of any city or county that has adopted an ordinance prohibiting the conduct of that activity within the city or county. The commission may not authorize a race meet licensee to conduct off-race course mutuel wagering in any county with a population of less than 250,000 at a location that is within 40 miles of any other location where another race meet licensee is conducting a live race meet without written consent of the live race meet licensee.
(4) In addition to other grounds provided in this chapter, the commission may refuse to issue or renew or may revoke or suspend the license of any race meet licensee, or any employee thereof, for failure to comply with ORS § 462.700 to 462.740 or commission rules.
(5) If a race meet licensee proposes to conduct off-race course mutuel wagering at a physical facility separate from the race course:
(a) Individuals working at the separate facility must obtain a license for such employment from the commission if the individuals are performing duties for which a license would be required if the duties were performed at a race course. The fee for any such license shall be the same as the fee for the license required if the individual were working at a race course.
(b) ORS § 462.080, 462.190 and 462.195 apply to the race meet licensee and to individuals at the facility in the same manner as if the mutuel wagering activity were being conducted at a race course.
(6) In addition to other requirements of ORS § 462.700 to 462.740, the commission may authorize a race meet licensee to conduct off-race course mutuel wagering on a particular race that is held at a race course outside this state subject to the following conditions:
(a) The commission may authorize only one race meet licensee, that is the holder of a license under ORS § 462.062 or 462.067, to conduct off-race course mutuel wagering on the race.
(b) The commission may authorize such off-race course mutuel wagering to be conducted at the licensee’s race course and any off-race course wagering site approved by the commission.
(c) The commission may authorize a race meet licensee to conduct off-race course mutuel wagering on either horse races or greyhound races, except that:
(A) A horse race meet licensee may conduct off-race course mutuel wagering on greyhound races only if there is no active greyhound race meet licensee; and
(B) A greyhound race meet licensee may conduct off-race course mutuel wagering on horse races only if there is no active horse race meet licensee.
(d) If a licensee applies for authority to conduct mutuel wagering on horse races held at race courses outside this state, the commission may require that the licensee provide such evidence as the commission considers appropriate regarding the ability of the licensee to comply with the Interstate Horseracing Act of 1978, 15 U.S.C. § 3001 to 3007, as amended. [1987 c.913 § 3; 1989 c.358 § 1; 1993 c.682 § 8; 1997 c.865 § 12; 2001 c.104 § 199; 2005 c.72 § 4]