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Home » US Law » 2022 Maryland Statutes » Business Regulation » Title 11 - Horse Racing » Subtitle 3 - Licensing and Responsibilities of Licensees

Section 11-301 – “Beneficial Ownership” Defined

    In this subtitle, “beneficial ownership” includes:         (1)    record ownership;         (2)    stock or other ownership in an entity in a chain of parent and subsidiary or affiliated entities, any 1 of which participates in the capital or profits of a licensee, regardless of the percentage of ownership involved;         (3)    an interest that entitles a person to benefits substantially equivalent […]

Section 11-302 – License Required

    A person must have an appropriate license whenever the person holds a race meeting in the State where pari-mutuel betting is allowed or a purse, reward, or stake is offered.

Section 11-303 – Applications for Licenses

    (a)    An applicant for a license shall submit to the executive director of the Commission an application:         (1)    in the form that the Commission requires; and         (2)    on or before a day that the Commission sets.     (b)    The application shall state:         (1)    the dates of the race meetings desired;         (2)    the maximum number of racing days desired; and         (3)    any other information […]

Section 11-304 – Issuance of License

    (a)    The Commission shall issue a license to each applicant who:         (1)    is awarded racing days in a race meeting; and         (2)    pays the appropriate license fee.     (b)    A license shall state:         (1)    the dates of the race meeting awarded;         (2)    the total number of racing days awarded; and         (3)    the kind of racing to be held.

Section 11-305 – Controls on Licensees

    A licensee is subject to all rights, regulations, and conditions that the Commission sets for the calendar year in which a race meeting of the licensee is held.

Section 11-307 – Return of Fees; Award of Replacement Days

    (a)    (1)    On request of a licensee, the Commission may return to the licensee a fee paid for racing on a day when the licensee fails to hold racing if:             (i)    on that day, racing is impossible, impracticable, or inadvisable;             (ii)    the licensee is not in default; and             (iii)    the reason for the lack of racing is beyond the control […]

Section 11-308 – Denials, Reprimands, Suspensions, and Revocations — Grounds; Penalty

    (a)    Subject to the hearing provisions of §§ 11-309 and 11-310 of this subtitle, the Commission may deny a license to an applicant or discipline a licensee in accordance with this section.     (b)    The Commission may deny a license to any applicant for any reason that the Commission considers sufficient.     (c)    (1)    The Commission may reprimand any licensee or […]

Section 11-309 – Denials, Reprimands, Suspensions, and Revocations — Hearings

    (a)    Except as otherwise provided in § 10-226 of the State Government Article, before the Commission takes any final action under § 11-308 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 11-310 of this subtitle, a hearing […]

Section 11-310 – Racing Commission Hearing Committee

    (a)    The Commission may delegate to a hearing committee of at least 3 of its members the power to hold adjudicatory proceedings under this title, including evidentiary hearings.     (b)    (1)    A unanimous decision by the hearing committee is binding and is a final decision of the Commission.         (2)    If the decision of the hearing committee is not unanimous, a […]

Section 11-311 – Judicial Review

    A party to a proceeding before the Commission who is aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

Section 11-312 – Fingerprints; Criminal History Record

    (a)    On request of the Commission, the following individuals shall give the Commission their fingerprints:         (1)    each individual licensee;         (2)    each individual member of an unincorporated association that is a licensee;         (3)    each officer or director of a corporation that is a licensee;         (4)    each employee of a licensee who actively participates in the racing action of the licensee;         (5)    each […]

Section 11-313 – Financial Disclosure by Licensees

    (a)    The Commission shall require a licensee, and each officer or stockholder of a licensee, to disclose to the Commission each financial interest that the person has in racing.     (b)    On or before the 90th day following the end of a licensee’s fiscal year, the licensee shall submit to the Commission in the form that the Commission […]

Section 11-314 – Beneficial Ownership

    (a)    The Commission shall require each licensee to keep records that show the beneficial ownership of the stock of the licensee, whether or not the beneficial ownership is registered or stated on the stock.     (b)    (1)    The Commission shall require a licensee at least once each calendar year to get by written request an affidavit from each owner […]

Section 11-316 – Background Review of Prospective Buyers

    (a)    Before a prospective buyer buys a majority controlling interest in a licensee, the Commission shall review the personal and financial background of the prospective buyer.     (b)    (1)    The Commission shall adopt regulations to carry out this section.         (2)    The regulations shall:             (i)    require a personal and financial background check of the prospective buyer;             (ii)    specify a period of time to […]

Section 11-317 – Transfers

    Before a license or racing days may be transferred to a buyer or a lessee of a track:         (1)    the Legislative Policy Committee shall have been notified at least 15 days before the transfer;         (2)    the Legislative Policy Committee, if it has chosen to do so, shall have provided comment to the Commission about the transfer; and […]

Section 11-318 – Approval Required for Agreements and Improvements

    The Commission may require a licensee to get its approval before the licensee:         (1)    contracts to pay money;         (2)    sets a salary, fee, or compensation to be paid; or         (3)    builds, extends, or improves a track or structure on property that the licensee owns or leases.

Section 11-319 – Administration of Pension Funds

    (a)    The Maryland Backstretch Employees Pension Fund shall be administered by the organization that represents a majority of the owners and trainers who race thoroughbred horses in the State.     (b)    The Maryland Race Track Employees Pension Fund shall be administered by representatives of:         (1)    each mile thoroughbred racing licensee;         (2)    the Maryland State Fair and Agricultural Society, Inc.; and […]