Sec. 12-574. Licensing.
Sec. 12-574. Licensing. (a) Association licensees. No person or business organization may conduct a meeting at which racing or the exhibition of jai alai is permitted
for any stake, purse or reward or operate the off-track betting system unless such person
or business organization is licensed as an association licensee by the board. Any such
licensee authorized to conduct a meeting or operate the off-track betting system shall
indemnify and save harmless the state of Connecticut against any and all actions, claims,
and demands of whatever kind or nature which the state may sustain or incur by reason
or in consequence of issuing such license.
(b) Affiliate licensees licensed by board. No business organization, other than a
shareholder in a publicly traded corporation, may exercise control in or over an association licensee unless such business organization is licensed as an affiliate licensee by the
board as provided in subdivision (1) of subsection (h) of this section.
(c) Concessionaire licensees. No person or business organization may operate any
concession at any meeting at which racing or the exhibition of jai alai is permitted or
any concession which is allied to an off-track betting facility unless such person or
business organization is licensed as a concessionaire licensee by the executive director.
(d) Vendor licensees. No person or business organization awarded the primary
contract by an association licensee to provide facilities, components, goods or services
which are necessary for the operation of the activities authorized by the provisions of
section 12-572 may do so unless such person or business organization is licensed as a
vendor licensee by the executive director.
(e) Totalizator licensees. No person or business organization may provide totalizator equipment and services to any association licensee for the operation of a pari-mutuel
system unless such person or business organization is licensed as a totalizator licensee
by the executive director.
(f) Affiliate licensees licensed by executive director. No business organization,
other than a shareholder in a publicly traded corporation, may exercise control in or
over a concessionaire, vendor or totalizator licensee unless such business organization
is licensed as an affiliate licensee by the executive director.
(g) Occupational licensees. No person may participate in this state in any activity
permitted under this chapter as an employee of an association, concessionaire, vendor,
totalizator or affiliate licensee unless such person is licensed as an occupational licensee
by the executive director. Whether located in or out of this state no officer, director,
partner, trustee or owner of a business organization which obtains a license in accordance
with this section may continue in such capacity unless such officer, director, partner,
trustee or owner is licensed as an occupational licensee by the executive director. An
occupational license shall also be obtained by any shareholder, key executive, agent
or other person connected with any association, concessionaire, vendor, totalizator or
affiliate licensee, who in the judgment of the executive director will exercise control in
or over any such licensee. Such person shall apply for a license not later than thirty days
after the executive director requests him, in writing, to do so. The executive director
shall complete his investigation of an applicant for an occupational license and notify
such applicant of his decision to approve or deny the application within one year after
its receipt. Such period may be extended by the board upon a showing of good cause
by the executive director, after giving the applicant a reasonable opportunity for a hearing before the board.
(h) Affiliate of association and affiliate of concessionaire licenses. (1) The board
shall issue affiliate of association licenses to qualified business organizations. (2) The
executive director shall issue affiliate of concessionaire licenses to qualified business
organizations.
(i) Information required for licensing. Licensing and regulation of licensees by
executive director. In determining whether to grant a license the board or the executive
director may require the applicant to submit information as to: Financial standing and
credit; moral character; criminal record, if any; previous employment; corporate, partnership or association affiliations; ownership of personal assets; and such other information as it or he deems pertinent to the issuance of such license. The executive director
may reject for good cause an application for a license, and he, the deputy executive
director, the executive assistant, any unit head or any assistant unit head authorized by
the executive director may suspend or revoke for good cause any license issued by him
after a hearing held in accordance with chapter 54. In addition, if any affiliate licensee
licensed by the executive director fails to comply with the provisions of this chapter the
executive director, after a hearing held in accordance with chapter 54, may revoke or
suspend the license of any one or more of the following related licensees: Concessionaire, vendor or totalizator, and may fine any one or more of said licensees in an amount
not to exceed two thousand five hundred dollars. Any licensee whose license is suspended or revoked, or any applicant aggrieved by the action of the executive director
concerning an application for a license may appeal not later than fifteen days after such
decision to the board in accordance with subsection (j) of this section.
(j) Regulations governing licensee's operation; penalties for failure to comply;
hearings and appeals. The executive director, with the advice and consent of the board
shall adopt regulations governing the operation of the off-track betting system and facilities, tracks, stables, kennels and frontons, including the regulation of betting in connection therewith, to insure the integrity and security of the conduct of meetings and the
broadcast of racing events held pursuant to this chapter. Such regulations shall include
provision for the imposition of fines and suspension of licenses for violations thereof.
Prior to the adoption of any regulations concerning the treatment of animals at any dog
race track, the executive director shall notify the National Greyhound Association of
the contents of such regulations and of its right to request a hearing pursuant to chapter
54. The board shall have the authority to impose a fine of up to seventy-five thousand
dollars for any violation of such regulations by a licensee authorized to conduct a meeting
or operate the off-track betting system under this section and a fine of up to five thousand
dollars for any violation of such regulations by any other licensee. The executive director
shall have the authority to impose a fine of up to two thousand five hundred dollars for
any such violation by any licensee licensed by him and the stewards or judges of a
meeting acting in accordance with such regulations shall have the authority to impose
a fine of up to five hundred dollars for any such violation by such licensee, and the
players' manager of a jai alai exhibition acting in accordance with such regulations shall
have the authority to recommend to the judges that a fine should be considered for a
player who may have violated such regulations. The board may delegate to the stewards
and judges of a meeting the power to suspend the license of any occupational licensee
employed in this state by an association licensee for a period not to exceed sixty days
for any violation of such regulations. If any license is suspended, such stewards and
judges of a meeting shall state the reasons therefor in writing. All fines imposed pursuant
to this section shall be paid over to the General Fund upon receipt by the division. Any
person or business organization fined or suspended by an authority other than the board
or any licensee or applicant for a license aggrieved by a decision of the executive director
under subsection (i) shall have a right of appeal to the board for a hearing. All hearings,
other than appellate hearings before the board, shall be conducted pursuant to chapter
54. Any person or business organization aggrieved by a decision of the board shall have
a right of appeal pursuant to section 4-183.
(k) Preparation and maintenance of books and records. The executive director
shall have the power to require that the books and records of any licensee, other than
an occupational licensee, shall be maintained in any manner which he may deem best,
and that any financial or other statements based on such books and records shall be
prepared in accordance with generally accepted accounting principles in such form as
he shall prescribe. The executive director or his designee shall also be authorized to
visit, to investigate and to place expert accountants and such other persons as he may
deem necessary, in the offices, tracks, frontons, off-track betting facilities or places of
business of any such licensee, for the purpose of satisfying himself that the division's
regulations are strictly complied with.
(l) Removal of employee or official of licensee. The executive director may at any
time for good cause require the removal of any employee or official employed by any
licensee hereunder.
(m) Licensing and regulation of licensees by board. The board shall have the
right to reject any application for a license for good cause and the action of the board
as to the license and the meeting dates assigned shall be final, provided any person or
business organization aggrieved by the action of the board concerning an application
for a license may appeal such decision in accordance with section 4-183. The board shall,
as far as practicable, avoid conflicts in the dates assigned for racing or the exhibition of
the game of jai alai in the state. Any license granted under the provisions of this chapter
is a revocable privilege and no licensee shall be deemed to have acquired any vested
rights based on the issuance of such license. Any such license shall be subject to the
regulations set forth by the executive director with the advice and consent of the board.
Any license issued by the board shall be subject to suspension or revocation for good
cause, after giving the licensee a reasonable opportunity for a hearing before the board,
at which he shall have the right to be represented by counsel. In addition, if any affiliate
licensee licensed by the board fails to comply with the provisions of this chapter the
board, after a hearing held in accordance with chapter 54, may revoke or suspend the
license of the related association licensee and may fine the related association licensee
in an amount not to exceed seventy-five thousand dollars or both. If any license is
suspended or revoked the board shall state the reasons for such suspension or revocation
and cause an entry of such reasons to be made on the record books of the board. Any
licensee aggrieved by the action of the board may appeal therefrom in accordance with
section 4-183.
(n) Licensing exemptions. The appropriate licensing authority may, on its own
motion or upon application, exempt any person or business organization from the licensing requirements of this chapter or some or all of the disclosure requirements of chapter
226b, provided the applicant does not exercise control in or over an integral part of any
activity which is authorized under this chapter. The burden of proving that an exemption
should be granted rests solely with the applicant. The licensing authority making the
determination may limit or condition the terms of an exemption and such determination
shall be final.
(o) Penalty for aiding meeting without license. Any person aiding or abetting in
the operation of an off-track betting system or the conduct of any meeting within this
state at which racing or the exhibition of the game of jai alai shall be permitted for any
stake, purse or reward, except in accordance with a license duly issued and unsuspended
or unrevoked by the board or the executive director, shall be guilty of a class A misdemeanor.
(p) Residency requirement. The majority of the membership of the board of directors of any corporation licensed to operate the off-track betting system or to hold or
conduct any meeting within the state of Connecticut at which racing or the exhibition
of the game of jai alai shall be permitted for any stake, purse or reward, shall be residents
of the state of Connecticut.
(q) License application and renewal. Any license granted under this section other
than a license issued by the board shall be effective for not more than one year from the
date of issuance. Initial application for and renewal of any license shall be in such form
and manner as the executive director shall, by regulation adopted with the advice and
consent of the board, prescribe.
(r) Pet adoption program for retired greyhounds. Any person or business organization issued a license to conduct dog racing shall establish a pet adoption program for
the proper housing and care of retired greyhounds and shall provide financial support
for such program and any facility operated to implement such program.
(s) Employment of recipients of public assistance or support at dog race track.
Any person or business organization issued a license to conduct dog racing pursuant to
subsection (c) of section 12-574c shall employ persons who, at the time of employment,
are recipients of assistance under the state-administered general assistance program,
state supplement program, medical assistance program, temporary family assistance
program or food stamps program to fill not less than twenty per cent of the positions
created by the conversion of a jai alai fronton to a dog race track if such persons have
been trained for such employment by public or publicly-funded agencies in coordination
with such licensee.
(t) Day care facility for use by employees of dog race track. Any person or business organization issued a license to conduct dog racing pursuant to subsection (c) of
section 12-574c shall provide an on-site day care facility for use by employees of the
dog race track. Such licensee shall employ persons who, at the time of employment, are
recipients of aid under chapter 302 or 308 to fill not less than fifty per cent of the positions
at such day care facility if such persons have been trained for such employment by
public or publicly-funded agencies in coordination with such licensee.
(u) Dog race track to operate on year-round basis. Number of performances.
Notwithstanding any other provisions of this chapter to the contrary, any person or
business organization issued a license to conduct dog racing may operate on a year-round basis and may conduct such number of performances as it may elect, provided
the total number of such performances does not exceed five hundred and eighty performances in any calendar year.
(1971, P.A. 865, S. 18; 1972, P.A. 187, S. 10; June, 1972, P.A. 1, S. 6; P.A. 73-260, S. 1, 2, 3, 5; P.A. 75-13, S. 1, 2;
75-22, S. 1, 2; P.A. 76-436, S. 327, 681; P.A. 78-280, S. 5, 127; P.A. 79-21; 79-24, S. 1; 79-150; 79-404, S. 25, 45; P.A.
80-20; 80-133, S. 4, 10; P.A. 83-435, S. 2, 3; P.A. 85-23; P.A. 91-309, S. 2, 3, 10; 91-406, S. 26, 29; P.A. 93-332, S. 33,
42; P.A. 96-212, S. 30, 32; P.A. 97-122; 97-277, S. 9, 13; June 18 Sp. Sess. P.A. 97-2, S. 15, 165; P.A. 04-76, S. 3; P.A.
06-6, S. 1, 2.
History: 1972 acts included dog racing and jai alai under provisions of section and substituted court of common pleas
for superior court in Subsec. (g); P.A. 73-260 amended Subsec. (a) to delete provision re licensing of horse racing meets
where there is no wagering and dog racing meets with pari-mutuel, perfecta, quinella and trifecta betting and to add
provision re indemnification of state, amended Subsec. (b) to include concessions allied to off-track betting facility and
to allow requirement that persons having ownership interest in applicant be fingerprinted, and amended Subsec. (d) to
include regulations "to insure the integrity and security of the conduct of meetings" and to add provisions re fines for
violations; P.A. 75-13 amended Subsec. (b) to replace superior court with court of common pleas and set deadline for
appeal in Subsecs. (b) and (g); P.A. 75-22 amended Subsec. (d) to allow suspension of licenses by commission or stewards
and judges when authorized to do so by commission; P.A. 76-436 substituted superior court for court of common pleas in
Subsecs. (b) and (g), effective July 1, 1978; P.A. 78-280 substituted judicial district of Hartford-New Britain for Hartford
county; P.A. 79-21 amended Subsec. (g) to specify that licenses are revocable and that licensees acquire no vested rights
upon issuance of their licenses; P.A. 79-24 added Subsec. (j) re expiration and renewal of licenses; P.A. 79-150 amended
Subsec. (d) to increase fine for licensees under section to maximum of $75,000, leaving $5,000 maximum applicable to
violation by "any other licensee", removed provision allowing imposition of fine by jai alai players' manager but allowed
such managers to recommend that stewards and judges impose a fine; P.A. 79-404 replaced "commission" with "executive
director", "division" or "board" as necessary, required that appeals be made in accordance with Sec. 4-183, replacing
previous appeal provisions, inserted new Subsec. (d) re licensing procedure and suspension and revocation of licenses,
relettering former Subsecs. (d) to (j) accordingly, and made other technical changes clarifying provisions; P.A. 80-20
allowed unit heads to revoke licenses and changed deadline for appeal from 30 to 15 days in Subsec. (d); P.A. 80-133
removed provision re operation of concessions in Subsec. (a), deleted former Subsecs. (b) and (c) and first part of (d) and
inserted new Subsecs. (b) to (h) re affiliate, concessionaire, vendor and totalizator licensees, placed provision re decisions
on granting license, formerly in Subsec. (d), in Subsec. (i) and expanded provisions re information required and re revocation
or suspension of license and imposition of fines, redesignated Subsecs. (e), (f), (g) and (h) as (j), (k), (l) and (m) and
clarified provisions, inserted new Subsec. (n) re exemptions from licensing and disclosure requirements, and redesignated
Subsecs. (i), (j) and (k) as (o), (p) and (q) and clarified provisions; P.A. 83-435 amended Subsec. (i), authorizing the deputy
executive director to suspend or revoke licenses after conducting a hearing; P.A. 85-23 amended Subsec. (g), requiring
executive director to complete investigation of occupational license applicant and notify applicant of decision to approve
or deny within one year after application receipt, unless an extension is granted; P.A. 91-309 amended Subsec. (j) to require
executive director to notify National Greyhound Association of contents of regulations re treatment of animals at dog track
and its right to request a hearing prior to adoption of regulations and added new Subsecs. (r) to (u), inclusive, requiring
establishment of pet adoption program for retired greyhounds, employment of recipients of public assistance or support
at new dog race track, provision of on-site day care facility for use by employees of new dog race track, and permitting
operation of dog race track on year-round basis and limiting number of performances in any calendar year; P.A. 91-406
made technical correction in Subsec. (j); P.A. 93-332 made technical changes re operation of the off-track betting system
by an authorized licensee and amended Subsec. (i) to authorize the executive assistants of the director and assistant unit
heads to suspend or revoke an application for a license, effective June 25, 1993; P.A. 96-212 amended Subsec. (d) to
change state to Connecticut Lottery Corporation re award of primary contract and made technical changes, effective July
1, 1996; P.A. 97-122 amended Subsec. (n) by deleting language specifying what information appropriate licensing authority
must consider in making exemption and substituting "provided the applicant does not exercise control in or over an
integral part of any activity which is authorized under this chapter"; P.A. 97-277 deleted reference to Connecticut Lottery
Corporation and chapter 229a in Subsec. (d), effective June 26, 1997; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (s) to
delete the list of sections in title 17b under which certain persons are recipients of assistance and substitute reference to
recipients of assistance under "the general assistance program, state supplement program, medical assistance program,
temporary family assistance program or food stamps program", effective July 1, 1997; P.A. 04-76 amended Subsec. (s)
by replacing "general assistance program" with "state-administered general assistance program"; P.A. 06-6 amended
Subsec. (b) to add reference to Subsec. (h)(1), and replaced former Subsec. (h) with new Subsec. (h)(1) and (2) re affiliate
licenses.
Subsec. (b):
Failure by plaintiff to claim it was denied a license by commission resulted in plaintiff's lack of standing to appeal
under this section. 173 C. 384.
Subsec. (j):
Cited. 193 C. 379.
Subsec. (m):
Cited. 3 CA 254.