Pari 300

CHAPTER Pari 300 RACETRACK LICENSING

Statutory Authority: RSA 284:12, I and II

REVISION NOTE:

Document #9170, effective 6-4-08, adopted a new Chapter Pari 300 entitled “Track Licensing”. Chapter Pari 300 had formerly addressed, and been entitled, the “Rules of Thoroughbred Horse Racing”.

The filings affecting the former Chapter Pari 300 Rules of Thoroughbred Horse Racing (numbered Ra 300 until Document #5779) included the following documents:

#2646, eff 3-21-84* #3012, eff 8-3-85, EMERGENCY

#2724, eff 8-23-84, EMERGENCY #3107, eff 8-27-85

#2844, eff 9-6-84, EMERGENCY #3111, eff 9-4-85, EMERGENCY

#2871, eff 10-2-84 #3189, eff 1-24-86

#2932, eff 12-27-84 #4051, eff 5-9-86*

#3001, eff 4-11-85, EMERGENCY #5779, eff 2-1-94**

#3011, eff 8-3-85, EMERGENCY #7706, eff 6-7-02, EMERGENCY***

*The rules in Pari 300 contained in Document #2646 which had not been amended, repealed, or superseded by later documents expired on 3-21-90. The remaining rules in Chapter Pari 300 contained in later documents through Document #4051 had all expired by 5-9-92.

**Document #5779, eff 2-1-94, adopted all of Chapter Pari 300, which expired 2-1-00.

***Document #7706, eff 6-7-02, had adopted as an emergency rule only one section of the Pari 300 rules, numbered Pari 324.01 entitled “Trainer of Thoroughbred Racing Horse As Absolute Insurer.” It expired on 12-4-02.

PART Pari 301 PURPOSE

Pari 301.01 Purpose. The purpose of this chapter is to establish the qualifications and application procedures for individuals or organizations applying for:

(a) Licenses for the racing of harness or running horses under RSA 284:15; or

(b) Licenses for the racing of dogs under RSA 284:15-a.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

PART Pari 302 DEFINITIONS

Pari 302.01 “Applicant” means an individual or organization holding races for harness horses, running horses or dogs that applies for a racetrack license under RSA 284:15 or RSA 284:15-a.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.02 “Beneficial interest” means the interest held by a beneficiary of a trust, or an individual or organization that does not hold legal title or ownership to property of the applicant or a party to the application but has a right to the proceeds or other benefits that arise from the property. This does not include the holder of lien against such property.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.03 “Credit report” means a written report setting forth the credit history and credit rating or score assigned to an individual or organization by one of the major credit bureaus, specifically Trans Union, Equifax or Experian.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.04 “Executive officer” means an individual, including but not limited to the president, chief executive officer, chairman of the board, partner who is actively involved in management, trustee or other officer of an organization, who is authorized to submit an application on behalf of the applicant, enter into agreements on the organization’s behalf or otherwise bind the organization.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.05 “Financial interest” means any right, privilege or other interest in the assets or operation of the applicant or any party to the application, including loans, mortgages, pledges or liens.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.06 “Individual” means a natural person or sole proprietorship, not an organization.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.07 “Initial application” means:

(a) For a new racetrack, the first time that an individual or organization submits a racetrack license application to the commission;

(b) For an existing racetrack, a racetrack license application submitted by an individual or organization to the commission as specified in Pari 304.01(f);

(c) A racetrack license application from an individual or organization whose previous license has been expired for more than 1 year; or

(d) A racetrack license application from an individual or organization one year or more after the track license was revoked pursuant to Pari 306.01.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.08 “Licensee” means an individual or organization licensed by the commission to conduct horse racing pursuant to RSA 284:15 or to conduct dog racing pursuant to RSA 284:15-a.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.09 “Occupational licensee” means an individual or organization licensed by the commission pursuant to RSA 284:18-a or RSA 284:19 to perform particular job functions as specified in Pari 600 or Pari 800 as applicable.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.10 “Organization” means a corporation, partnership, trust, unincorporated association, limited liability company or other association, enterprise or business entity of any kind other than a sole proprietorship.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.11 “Party to the application” means:

(a) For individual applicants, the applicant;

(b) For a partnership, the applicant and all partners including general, limited and silent partners.

(1) Executive officers;

(2) Directors;

(3) Stockholders of record;

(4) Individuals or organizations holding the beneficial interest in any stock;

(5) Subscribers to any stock; and

(6) Individuals or organizations who voted any of the voting stock at the last stockholder’s meeting prior to submitting the application; or

(d) For any other organization, the applicant and all owners, executive officers, members of the governing board and any other individual or organization holding any membership, financial or ownership interest in the applicant.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.12 “Personal reference” means an individual who is not a family member who has known the applicant for at least 10 years.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.13 “Racing authority” means any commission, board, agency, department, association or organization, whether privately or publicly operated, that is responsible for determining the qualifications of individuals or organizations engaged in dog or horse racing enterprises, overseeing the conduct of dog or horse races, or supervising dog or horse races or individuals or organizations involved in dog or horse racing.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.14 “Racing meet” means the total of all live races conducted, or proposed to be conducted, by a licensee during the period of validity of a license issued by the commission.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.15 “Racing premises” means the course, grandstand, concession stands, offices, areas for the housing and management of animals, employee housing facilities, if any, parking lots, and all real property utilized, or proposed to be utilized, by a licensee in the conduct of its horse or dog racing enterprise. This term includes the “racing plant” referred to in RSA 284:15, I(e).

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.16 “Renewal application” means an application by an individual or organization which is not an initial application.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.17 “Simulcast” means “simulcast” as specified in RSA 284:22-a, I(b).

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 302.18 “Stockholder” means:

(a) For privately held organizations, all individuals or organizations holding shares of stock of an applicant; or

(b) For publicly held organizations, individuals or organizations holding 10% or more of the publicly-held shares of stock of the applicant or other voting interest in the applicant.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

PART Pari 303 APPLICATION PROCEDURES FOR A RACETRACK LICENSE

Pari 303.01 Application Procedures for a Racetrack License.

(a) Prior to holding a dog, running horse or harness horse race or meet, an individual or organization shall:

(1) Apply to the commission for a racetrack license; and

(2) Be issued a racetrack license by the commission.

(b) Each applicant for a racetrack license pursuant to RSA 284:15 or RSA 284:15-a shall submit the following to the commission:

(1) Fully executed application forms as specified in Pari 304.01 or Pari 305.01;

(2) The supporting documentation specified in Pari 304.02 or Pari 305.02;

(3) A written statement, sworn to before a notary public or justice of the peace, confirming the submission of the statement required by RSA 284:15-b to the office of the attorney general of the state of New Hampshire; and

(4) For an initial application, a non-refundable investigation fee of $50,000 pursuant to RSA 284:12-a, II.

(c) If the commission, for the purpose of determining the applicant’s qualifications for licensure, determines that any information or documents specified in (b) above were not submitted or fully completed by the applicant, the commission shall:

(1) Notify the applicant in writing within 15 days of the date the application is received by the commission; and

(2) Specify the information or documents which the applicant is required to submit or complete.

(d) If required pursuant to (c) above, the applicant shall submit any information or documents requested by the commission within 15 days of receipt of the request.

(e) The commission shall deny the application in writing within 30 days of the date that the application is received by the commission if the applicant fails to submit the information or documents required pursuant to (c) to the commission.

(f) The commission shall request a review of the application by the NH attorney general’s office within 30 days of the date that a completed application is received by the commission.

(g) Within 30 days of receipt of the NH attorney general’s office opinion, the commission shall approve the application and issue a license if:

(1) The opinion received by the commission recommends licensure for the applicant;

(2) The applicant has complied with the application procedures as specified in this part;

(3) The applicant has complied with the requirements specified in Pari 304 or Pari 305, as applicable; and

(4) The applicant has met the qualifications for licensure as specified in RSA 284:16 or RSA 284:16-a.

(h) Within 30 days of receipt of the NH attorney general’s office opinion, the commission shall deny the application in writing if:

(1) The opinion received by the commission does not recommend licensure for the applicant;

(2) The applicant has not complied with the application procedure as specified in this part;

(3) The applicant has not complied with the requirements in Pari 304 or Pari 305, as applicable; or

(4) The applicant has not met the qualifications for licensure as specified in RSA 284:16 or RSA 284:16-a.

(i) If the commission denies an application, the commission’s written notification pursuant to (e) or (h) above shall specify the reason(s) for denial.

(j) The applicant may request a hearing to appeal the denial as specified in Pari 200.

(k) If an applicant requests a hearing pursuant to (j) above and the denial is overturned, the commission shall either continue to process an application denied pursuant to (e) or issue a license if denied pursuant to (h) without any additional investigation fee.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 303.02 Expiration or Cessation of a Racetrack License.

(a) A racetrack license issued pursuant to this chapter shall expire or cease on the earlier of:

(1) December 31;

(2) Pursuant to RSA 284:16-a, if the licensee is a corporation, a change in either legal or equitable ownership of 50 percent or more of the voting stock of the corporation from the ownership that existed at the time that a license was initially granted to the applicant; or

(3) If the licensee is an organization other than a corporation, a change in either legal or equitable ownership of 50 percent or more of the organization from the ownership that existed at the time that a license was initially granted to the applicant.

(b) An individual or organization shall not hold any dog, harness horse or running horse races if their license has:

(1) Expired or ceased as specified in (a) above;

(2) Been revoked as specified in Pari 306; or

(3) Been denied pursuant to Pari 303.01(e) or Pari 303.01(h).

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

PART Pari 304 INITIAL APPLICATION FOR A RACETRACK LICENSE

Pari 304.01 Initial Application for a Racetrack License.

(a) An applicant shall submit to the commission, pursuant to RSA 284:15 or RSA 284:15-a, a fully completed:

(1) “Application for Racetrack License to Hold or Conduct a Race Meeting” form provided by the commission; and

(2) A “Multi-Jurisdictional Personal History Disclosure Form” as applicable.

(b) The applicant shall submit the forms specified in (a) which:

(1) Are signed under oath by the applicant or an executive officer for the form in (a)(1) or by the individual who is the subject of the form in (a)(2) and notarized; and

(2) Are received by the commission at least 120 days prior to the first scheduled live or simulcast race during the year for which the license has been requested.

(d) The applicant, or an executive officer of the applicant, who is submitting the application shall:

(1) Provide the submitting individual’s name, in print, and title or position held, if applicable;

(2) Sign and date the form; and

(3) Certify to the following preprinted statement:

“I certify, under the penalties of false swearing pursuant to RSA 641:2, that the information provided on this application and in any attached exhibits is true, accurate and complete.”

(e) Each individual or organization submitting an exhibit as part of the application shall:

(1) Provide the submitting individual’s name, in print, and title or position held, if applicable;

(2) Include the following certification statement:

“I certify, under the penalties of false swearing pursuant to RSA 641:2, that the information provided in this exhibit is true, accurate and complete.”

(3) Sign and date below the certification statement.

(f) An applicant for a racetrack license shall submit an initial application at least every 5 years beginning in 2008 for a license to hold a race meeting in 2009.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 304.02 Supporting Documentation for an Initial Application for a Racetrack License. The applicant shall submit a surety bond pursuant to RSA 284:18 to the commission with the application for a racetrack license conditioned upon the applicant:

(a) Faithfully making the payments described in RSA 284:18;

(b) Keeping books and records, and making reports, as required by RSA 284; and

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

PART Pari 305 RENEWAL APPLICATION FOR A RACETRACK LICENSE

Pari 305.01 Renewal Application for a Racetrack License.

(a) An applicant shall submit to the commission, pursuant to RSA 284:15 or RSA 284:15-a, a fully completed:

(1) “Application for Racetrack License to Hold or Conduct a Race Meeting” form provided by the commission; and

(2) A “Multi-Jurisdictional Personal History Disclosure Form” as applicable.

(b) The applicant shall submit the forms specified in (a) which:

(1) Are signed under oath by the applicant or an executive officer for the form in (a)(1) or by the individual who is the subject of the form in (a)(2) and notarized; and

(2) Are received by the commission at least 120 days prior to the first scheduled live or simulcast race during the year for which the license has been requested.

(d) The applicant, or an executive officer of the applicant, who is submitting the application shall:

(1) Provide the submitting individual’s name, in print, and title or position held;

(2) Sign and date the form; and

(3) Certify to the following preprinted statement:

“I certify, under the penalties of false swearing pursuant to RSA 641:2, that the information provided on this application and in any attached exhibits is true, accurate and complete.”

(e) Each individual or organization who either has submitted an exhibit as part of a previous initial or renewal application or is currently submitting an amended exhibit shall:

(1) Submit a letter:

a. Providing the submitting individual’s name, in print, and title or position held, if applicable;

b. Stating the exhibit number;

c. Stating that there has been no change to the information provided in the exhibit;

d. Including the following certification statement:

“I certify, under the penalties of false swearing pursuant to RSA 641:2, that the information provided in this exhibit is true, accurate and complete.”; and

e. Including a signature and date below the certification statement; or

(2) Submit an amended exhibit:

a. Providing the submitting individual’s name, in print, and title or position held, if applicable;

b. Including the following certification statement:

“I certify, under the penalties of false swearing pursuant to RSA 641:2, that the information provided in this exhibit is true, accurate and complete.”; and

c. Including a signature and date below the certification statement.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

Pari 305.02 Supporting Documentation for a Renewal Application for a Racetrack License. The applicant shall submit to the commission with the application for a racetrack license:

(a) A surety bond pursuant to RSA 284:18 conditioned upon the applicant:

(1) Faithfully making the payments described in RSA 284:18;

(2) Keeping books and records, and making reports, as required by RSA 284; and

(3) Conducting racing in conformity with the requirements of RSA 284 and the rules promulgated thereunder; and

(b) A signed criminal records release form for each individual who submitted one with the previous initial or renewal application.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

PART Pari 306 REVOCATION OF A RACETRACK LICENSE

Pari 306.01 Revocation of a Racetrack License.

(a) Pursuant to RSA 284:16 and RSA 284:16-a, the commission shall revoke a license issued pursuant to this chapter if the licensee fails to comply with any requirement in this chapter or in RSA 284.

(b) If the commission intends to revokes a license issued pursuant to this chapter, the commission shall provide written notice to the licensee specifying:

(1) The reason for revocation; and

(2) The date that the revocation will be final unless a hearing is requested pursuant to (c) below.

(c) The licensee shall have 15 days from the date of the notice pursuant to (b) above to request a hearing pursuant to Pari 200.

Source. (See Revision Note at chapter heading for Pari 300) #9170, eff 6-4-08

APPENDIX

Rule	Statute
Pari 301 and 302	RSA 284:12, I and II
Pari 303	RSA 284:12, I and II; RSA 284:12-a; RSA 284:15; RSA 284:15-a; RSA 284:15-b; RSA 284:16; RSA 284:16-a
Pari 304	RSA 284:12, I and II; RSA 284:12-a; RSA 284:15; RSA 284:18
Pari 305	RSA 284:12, I and II; RSA 284:12-a; RSA 284:15; RSA 284:18
Pari 306	RSA 284:12, I and II; RSA 284:16; RSA 284:16-a