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Sub. H. B. No. 177 As Reported by the House State Government and Elections CommitteeAs Reported by the House State Government and Elections Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Chandler, Adams, Yuko, Webster
A BILL
To amend section 3769.07 of the Revised Code to allow
the same person, association, trust, or
corporation to own and operate two
separate race
tracks in Ohio.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3769.07 of the Revised Code be
amended to read as follows:
Sec. 3769.07. Except as otherwise provided in this
section,
no permit shall be issued under sections 3769.01 to
3769.14 of the
Revised Code, authorizing the conduct of a
live racing program for
thoroughbred horses and quarter horses at
any
place, track, or
enclosure except between the hours of twelve
noon and seven p.m.,
for running horse-racing meetings, except
that on special events
days running horse-racing meetings may
begin at nine a.m. by
application to the state racing commission
and except that the
seven p.m. time may be extended to eight p.m.
on a Sunday or
holiday by application to the commission, and
no permit shall be
issued under those sections authorizing the conduct of a
live
racing program for harness horses at any place, track, or
enclosure
except between the hours of twelve noon and twelve
midnight for light
harness horse-racing meetings. The seven p.m.
and eight p.m. closing times
described in this section shall upon
application to the commission be extended
to nine p.m. for any
running horse-racing meeting conducted between the
fifteenth day
of May and the fifteenth day of September at a track that is
located more than twenty-five miles from a track located in this
state where a
light harness horse-racing meeting, other than a
light harness horse-racing
meeting at a county fair or independent
fair, is being conducted and that is
located less than twenty-five
miles from a track located outside this state.
A permit issued
for horse racing
at a county fair shall authorize live horse
racing to begin at nine
a.m. No
No permit shall be granted for the holding or conducting of
a
horse-racing meeting after the tenth day of December in any
calendar year, except for racing at winterized tracks.
"Winterized
track" means a track with enclosed club house or
grandstand,
all-weather racing track, heated facilities for
jockeys or
drivers, backstretch facilities that are properly
prepared for
winter racing, and adequate snow removal equipment
available. No
No permit shall be issued for more than an aggregate
of
fifty-six racing days in any one calendar year, except that an
additional five days of racing may be approved by the commission
upon application by a permit holder and except that an additional
thirty days of racing may be granted for racing at any time after
the fifteenth day of October and prior to the fifteenth day of
March to a permit holder who has a winterized facility, but no
more than thirty such additional days may be issued at any one
track or enclosure. No more than an aggregate of fifty-six
racing
days shall be issued in any one calendar year for any one
race
track, place, or enclosure, except for the additional five
days of
racing for each permit holder which may be approved by
the
commission pursuant to this section, except as provided in
sections 3769.071 and 3769.13 of the Revised Code, except for
racing days granted as a result of a winterized facility, and
except that the commission may issue a second permit for a
maximum
of fifty-six racing days for any one track, place, or
enclosure,
if the commission determines that the issuance of such
second
permit is not against the public interest. No such second
permit
shall be issued:
(A) For the operation of racing in any county with a
population of less than seven hundred thousand or for the
operation of racing in any county which has more than one race
track at which a racing meet has been authorized, except as
provided in this division and in sections 3769.071 and 3769.13 of
the Revised Code, in the same year by the commission. A second
permit issued pursuant to this division may be issued at either
or
both race tracks in a county that has only two race tracks if
a
racing meet has been authorized at both race tracks in the same
year by the commission and one race track has been authorized to
conduct thoroughbred racing meets and the other race track has
been authorized to conduct harness racing meets. When such
second
permit is issued pursuant to this division for racing at
the one
race track, racing shall not be conducted at that race
track on
the same day that racing is conducted at the other race
track in
the county except by mutual agreement of the two race
tracks.
(B) To any corporation having one or more shareholders
owning
an interest in any other permit issued by the commission
for the
operation of racing, in the same year, at any other race
track,
place, or enclosure in this state;
(C) To any person, association, or trust which owns, or
which
has any members owning, an interest in any other permit issued by
the commission for the operation of racing, in the same
year, at
any other race track, place, or enclosure in this state.
No permit shall be issued so as to permit live racing
programs on
the same hour at more than one track in one county or
on tracks
in operation in 1975 within fifty miles of each other,
nor shall
any other form of pari-mutuel wagering other than horse
racing be
permitted within seventy-five miles of a track where
horse racing
is being conducted, except that this provision shall
not apply to
a horse-racing meeting held at the state fair or at a
fair
conducted by a county agricultural society or at a fair
conducted
by an independent agricultural society; nor shall
more
than one
permit in any one year be granted to the same
person,
association, trust, or corporation for the holding or
conducting
of a horse-racing meeting, at more than one race track,
place, or
enclosure in this state. Distribution of days shall not
apply to
fairs or horse shows not required to secure a permit
under such
section. Notwithstanding any other provision of this
chapter, a
person, association, trust, or corporation may own or
operate two
separate facilities in this state that are conducting
horse-racing meetings.
A permit, granted under sections 3769.01 to 3769.14 of the
Revised Code, shall be conspicuously displayed during the
horse-racing meeting in the principal office at such race track
and at all reasonable times shall be exhibited to any authorized
person requesting to see the same.
Section 2. That existing section 3769.07 of the Revised Code
is hereby repealed.
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