Section 431.309 - Track license; issuance; validity; application; grant or denial of license; review; transfer to new racetrack owner; suspension or revocation of license; imposition of fine; appeal;
HORSE RACING LAW OF 1995 (EXCERPT)
Act 279 of 1995
431.309 Track license; issuance; validity; application; grant or denial of license; review; transfer to new racetrack owner; suspension or revocation of license; imposition of fine; appeal; additional license; prohibitions.
Sec. 9.
(1) The racing commissioner shall issue, without further application, a track license to any person holding a valid track license under former 1980 PA 327, and maintaining or operating a licensed horse racetrack as of the effective date of this act at which wagering by pari-mutuel methods on the results of horse racing has been conducted by a race meeting licensee.
(2) A track license, once issued, is valid only as long as the annual license fee is paid, or until the track license is voluntarily surrendered or is revoked as provided in this act or the rules promulgated under this act.
(3) An applicant for a track license shall submit an application that is in writing, that demonstrates to the racing commissioner that the applicant has satisfactory financial responsibility, that shows the location of the racetrack or of the proposed racetrack, and that is accompanied by substantially detailed plans and specifications for the racecourse, paddock, grandstand, stable barns, racetrack buildings, fences, electrical service and lighting, plumbing, parking, and other facilities and improvements. The application shall include the name and address of the applicant, and, if a corporation, the place of its incorporation, and any other information required by the rules promulgated under this act by the racing commissioner. Upon the applicant's filing of the application and the payment of the license fee, the racing commissioner shall investigate the applicant and the racetrack or proposed racetrack as the racing commissioner considers necessary. If the racing commissioner determines that the applicant and the racetrack satisfy the requirements of this act and the rules promulgated under this act, the racing commissioner shall grant a license for the racetrack, designating in the license the county or other municipality in which the licensed racetrack shall be or is located. If the racing commissioner determines that the applicant or the racetrack, or both, do not comply with this act and the rules promulgated under this act, the racing commissioner shall deny the license. The action of the racing commissioner in denying a track license may be reviewed by the circuit court pursuant to section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631.
(4) A track license may be transferred to a new owner of a racetrack with the consent of the racing commissioner.
(5) After a track license is issued under this section, the racing commissioner may impose a fine or suspend or revoke the license if the holder of the license, after reasonable notice from the racing commissioner, does not make necessary improvements, additions, or corrections to the licensed premises, fixtures, or equipment as determined and required by the racing commissioner; if the holder of the license violates or is no longer in compliance with the requirements of this act or the rules promulgated under this act; or if the licensed premises are not utilized to conduct a licensed race meeting for 2 consecutive years. In addition to the suspension or revocation of the license, the racing commissioner may impose a fine or bring an action in circuit court seeking an order of the court requiring the licensee to make reasonable and necessary racetrack improvements or additions as determined by the commissioner if the licensee fails to make improvements or corrections that comply with the applicable construction code or local ordinances. The action of the racing commissioner in suspending or revoking a track license shall comply with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and shall be subject to appeal.
(6) In a city area, not more than 3 racetracks shall be licensed, except that in a city with a population of 900,000 or more the racing commissioner may issue 1 additional license.
(7) A person shall not be issued more than 1 track license. Controlling ownership and interlocking directorates among the holders of track licenses are prohibited.
(8) A track license shall not be issued under this section if the new license would result in harmful competition among existing racetracks.
History: 1995, Act 279, Imd. Eff. Jan. 9, 1996 ;-- Am. 2000, Act 164, Imd. Eff. June 20, 2000