<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 09.10.04.03" title_num="09" subtitle_num="10" chapter_num="04" heading="Commission.">
  <paragraph num="A.">
    <text>Granting a License to Hold a Race Meeting.</text>
    <paragraph num="(1)">
      <text>An association may file a brief with the Commission, setting forth reasons for desiring the dates contained in the association's application.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The allotment of racing dates by the Commission pursuant to an application by an association for racing dates does not commit the Commission to the granting of a license to conduct a race meeting upon the dates so allotted.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commission may grant a license to hold a race meeting to an association in accordance with the provisions of Business Regulation Article, Title 11, Annotated Code of Maryland, subject to an application for racing dates having been filed with the Executive Director of the Commission, over the signature of an executive officer of the association desiring to hold racing.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The application to hold a race meeting shall include the:</text>
      <paragraph num="(a)">
        <text>Days on which live racing is to be held;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Days on which simulcasting is to be held;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Location at which racing is to take place; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Breed of horse to be raced.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Commission may suspend or revoke the license of an association if it disapproves of a change in the ownership of the association.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Personal and Financial Background Investigation.</text>
    <paragraph num="(1)">
      <text>The Commission shall conduct a personal and financial background investigation of any interested party negotiating for the purchase of:</text>
      <paragraph num="(a)">
        <text>An entity which conducts racing in Maryland under the jurisdiction of the Maryland Racing Commission or operates a thoroughbred training facility under Business Regulation Article, §11-519, Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A majority controlling interest in the entity described under §C(1)(a) of this regulation; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Those assets without which the entity described under §C(1)(a) of this regulation would not be able to continue racing or stabling.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If the interested party is an entity other than a real person, the personal and financial background investigation shall be conducted as to the negotiating entity and each real person with a controlling interest in the entity.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An entity or real person who is the subject of the personal and financial background investigation shall fully cooperate with the Commission and provide any information requested by the Commission to conduct its investigation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The personal and financial background investigation shall include, but is not limited to, all of the following:</text>
      <paragraph num="(a)">
        <text>A review by a certified public accountant of the certified financial statements of the negotiating party, including a review of any contingent liabilities and pledged assets, which review shall be sufficient to determine the financial ability of the negotiating party to purchase and maintain the racetrack being negotiated;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Income statements, for at least a 2-year period preceding the proposed purchase, of the interested party negotiating for the purchase;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A statement of financial condition and the related records of any corporation, association, partnership, proprietorship, or limited partnership in which the interested party negotiating for the purchase has at least a majority interest;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The disclosure of all financial interests in horse racing;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The disclosure of all persons, including corporations, trusts, estates, and partnerships, who are to be the new beneficial owners of the entity;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>A criminal background review; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>A character review.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The personal and financial background investigation required under §C(4) of this regulation shall be completed at least 30 days before the settlement date for the purchase and at least 30 days before any transfer of racing dates that may result directly from the purchase.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Upon the completion of the personal and financial background investigation under §C(4) of this regulation, the Commission shall notify the Legislative Policy Committee of the proposed purchase, and, if applicable, the proposed transfer of racing dates, at least 15 days before the consideration of final approval by the Commission of the purchase or transfer.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The cost of the personal and financial background investigation shall be borne by the owners of the entity to be sold.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Denials of Licenses and Sanctions.</text>
    <paragraph num="(1)">
      <text>The Commission may refuse to issue or renew a license, or may suspend or revoke a license issued by it, if it finds that the applicant or licensee:</text>
      <paragraph num="(a)">
        <text>Has engaged in unethical or criminal conduct;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is associating or consorting with an individual who has been convicted of a crime in any jurisdiction;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is consorting or associating with, or has consorted with, a bookmaker, tout, or individual of similar pursuits;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is, or has been, operating as a bookmaker, tout, or a similar pursuit;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Is not financially responsible;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Has been engaged in, or attempted to engage in, any fraud or misrepresentation in connection with the racing or breeding of a horse;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Assaults, or threatens to do bodily injury to, a member of the Commission or any of its employees or representatives or a member or employee of an association;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Has engaged in conduct detrimental to racing; or</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Has violated, or attempted to violate:</text>
        <paragraph num="(i)">
          <text>A law or regulation in any jurisdiction, including this State, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A condition imposed by the Commission.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Instead of, or in addition to, suspending a license, the Commission may impose a fine not exceeding $5,000.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In determining the penalty to be imposed, the Commission shall consider the:</text>
      <paragraph num="(a)">
        <text>Seriousness of the violation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Harm caused by the violation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Good faith or lack of good faith of the licensee; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Licensing history of the licensee.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The Commission may require an association to submit periodic reports, reviewed by a certified public accountant, as to the:</text>
    <paragraph num="(1)">
      <text>Amount bet at each location in Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Takeout calculation, and the allocation of the takeout, on the amount bet under §E(1) of this regulation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Amount bet on Maryland races in other jurisdictions; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Amount, and the allocation of the amount, received from the bets on Maryland races in other jurisdictions.</text>
    </paragraph>
  </paragraph>
</regulation>