Okla. Stat. tit. 3A, § 3A-205.2

allocation - Bond - Citizenship and residency - Revocation of

license - Disposition of fees.

A. Applications for organization licenses must be filed with

the Commission at a time and place prescribed by the rules and

regulations of the Commission. Beginning with organization license

applications for the 1994 calendar year, the Commission shall

Oklahoma Statutes - Title 3A. Amusements and Sports Page 25

develop and use separate application forms for applicants requesting

an organization license to conduct horse racing with the pari-mutuel

system of wagering and applicants requesting an organization license

to conduct horse racing without the pari-mutuel system of wagering.

For use for the 1993 calendar year organization licenses, an

applicant requesting to conduct horse racing without the pari-mutuel

system of wagering shall make application with the Commission on

American Quarter Horse Association application forms. Applications

for an organization license to conduct horse racing without the

pari-mutuel system of wagering for the 1993 calendar year shall be

filed with the Commission on or before the 1st day of August, 1992.

Each applicant requesting an organization license to conduct horse

racing with the pari-mutuel system of wagering shall include with

each application a nonrefundable license fee equal to the sum of

Five Thousand Dollars ($5,000.00) for each race meeting and Two

Hundred Dollars ($200.00) for each racing day requested. Provided,

the fee for Five Thousand Dollars ($5,000.00) shall be waived for

applicants applying pursuant to the provisions of Section 208.2 of

this title. Each applicant requesting an organization license to

conduct horse racing without the pari-mutuel system of wagering or

to conduct accredited work or training races shall include with each

application a nonrefundable license fee of Five Hundred Dollars

($500.00) for each race meeting. Such fee shall be in the form of a

certified check or bank draft payable to the order of the

Commission. Within thirty (30) days after the date specified for

filing, the Commission shall examine the applications for compliance

with the provisions of the Oklahoma Horse Racing Act and such rules

and regulations as may be promulgated by the Commission. If any

application does not comply with the provisions of the Oklahoma

Horse Racing Act or the rules and regulations promulgated by the

Commission, the application may be rejected or the Commission may

direct the applicant to comply with the provisions of the Oklahoma

Horse Racing Act or the rules and regulations of the Commission

within a reasonable time as determined by the Commission. Upon

proof by the applicant of compliance, the Commission may reconsider

the application. If it is found to be in compliance with the

provisions of the Oklahoma Horse Racing Act and the rules and

regulations of the Commission, the Commission may then issue an

organization license to the applicant.

B. The Commission may exercise discretion in the issuing of

organization licenses to qualified applicants. The Commission may

also determine and grant racing dates different from those requested

by the applicants in their applications.

C. The Commission may determine and grant the number of racing

days to be allotted to each applicant. When granting organization

licenses and allocating dates for race meetings which will, in the

judgment of the Commission, be conducive to the best interests of

Oklahoma Statutes - Title 3A. Amusements and Sports Page 26

the public and the sport of horse racing, the Commission shall give

consideration to:

1. The character, reputation, experience, and financial

integrity of each applicant and of any other person that:

a. directly or indirectly controls such applicant, or

b. is directly or indirectly controlled by such applicant

or by a person who directly or indirectly controls

such applicant; and
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the public and the sport of horse racing, the Commission shall give

consideration to:

1. The character, reputation, experience, and financial

integrity of each applicant and of any other person that:

a. directly or indirectly controls such applicant, or

b. is directly or indirectly controlled by such applicant

or by a person who directly or indirectly controls

such applicant; and

2. The facilities and accommodations of the applicant for the

conduct of race meetings; and

3. The location of the race meeting of the applicant in

relation to the principal centers of population of this state; and

4. The highest prospective total revenue to be derived by the

state from the conduct of the race meeting.

D. Prior to the issuance of an organization license to conduct

pari-mutuel race meetings, the applicant shall file with the

Commission a bond payable to the State of Oklahoma in an amount

determined by the Commission which is not less than Two Hundred

Thousand Dollars ($200,000.00) and not more than the total financial

liability of the organization licensee throughout the race meeting

for which the organization license is requested, executed by the

applicant and a surety company or companies authorized to do

business in this state, and conditioned upon the payment by the

organization licensee of all taxes and other monies due and payable

pursuant to the provisions of the Oklahoma Horse Racing Act and all

purses due and payable, and upon the fact that, upon presentation of

winning tickets, the organization licensee will distribute all sums

due to the patrons of pari-mutuel pools. The financial liabilities

incurred by the organization licensee in the form of real estate

mortgages shall not be included in the determination of the bond

amount.

E. The Commission shall notify each applicant of the racing

dates allotted to such applicant. The notice shall be in writing

and sent by registered mail to the applicant at the address stated

in the application. The notice shall be mailed within two (2)

business days of the date the allotment is made. After the mailing

of such notice of allotment, each applicant shall file with the

Commission within ten (10) days an acceptance of such allotment on a

form prescribed and furnished by the Commission.

F. Each organization license shall specify the name of the

person to whom it is issued, the dates upon which horse racing is

permitted, and the location, place, track, or enclosure where the

race meeting is to be held.

G. All employees of an organization licensee shall be citizens

of the United States, and not less than ninety percent (90%) of such

employees shall be residents of this state for not less than

eighteen (18) months immediately preceding such employment.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 27

H. All horse racing conducted pursuant to the provisions of an

organization license is subject to the provisions of the Oklahoma

Horse Racing Act and of the rules, regulations and directives

promulgated by the Commission, and every organization license issued

by the Commission shall contain a statement to that effect.

I. Any organization licensee may provide, with prior approval

by the Commission, that at least one horse race a day may be devoted

to the racing of a type of horse which is different from the type of

horse being raced in the other races conducted by the organization

licensee on that day. When scheduled races are trial heats for

futurities or stakes races electronically timed from the starting

gates, no organization licensee shall move the starting gates or

allow the starting gates to be moved until all trial heats are

complete, unless they are using a device approved by the horsemen's

representative and the stewards that will ensure the gates are set

in the same position, except in an emergency as determined by the

stewards.

J. Organization licenses may be revoked if the organization
s, no organization licensee shall move the starting gates or

allow the starting gates to be moved until all trial heats are

complete, unless they are using a device approved by the horsemen's

representative and the stewards that will ensure the gates are set

in the same position, except in an emergency as determined by the

stewards.

J. Organization licenses may be revoked if the organization

licensee or any person owning an interest in the organization

licensee:

1. Violates any provision of the Oklahoma Horse Racing Act; or

2. Violates any provision of the rules and regulations

promulgated pursuant to the provisions of the Oklahoma Horse Racing

Act; or

3. Has been convicted of a felony; or

4. Has been convicted of violating any law regarding gambling

or controlled dangerous substances of the United States, this state,

or any other state; or

5. Has failed to disclose or has stated falsely any information

contained in the application; or

6. Has concealed in whole or in part the true ownership of the

organization licensee.

Any organization license revocation proceeding shall be

conducted pursuant to the provisions of Sections 302 through 323 of

Title 75 of the Oklahoma Statutes.

K. The fees received by the Commission pursuant to the

provisions of this section shall be apportioned to the Oklahoma

Horse Racing Commission Operational Expenses Revolving Fund.

L. The provisions of the Oklahoma Horse Racing Act and rules

promulgated by the Commission shall apply to an organization

licensee during the entire calendar year in which the license was

issued.