§ 181.6. Commission action on horse race meeting licenses.
The following shall apply:
(1) The Commission shall be prohibited from issuing a license to conduct a horse race meeting at which pari-mutuel wagering is permitted to an individual or applicant or an owner, officer, director or manager of the applicant who has been convicted of:
(i) A felony in any jurisdiction.
(ii) A misdemeanor gambling offense in any jurisdiction, unless 15 years has elapsed from the date of conviction.
(iii) Fraud or misrepresentation in any jurisdiction related to horse racing or horse breeding, unless 15 years has elapsed from the date of conviction.
(iv) An offense under 18 Pa.C.S. Subchapter B, § § 5531—5561 (relating to cruelty to animals) (as amended).
(v) An offense related to fixing or rigging horse races, including 18 Pa.C.S. § 4109 (relating to rigging publicly exhibited contest) or § 7102 (relating to administering drugs to race horses), or any similar crime in another jurisdiction, unless the conviction has been overturned on appeal under the laws of the jurisdiction of the original finding or a pardon has been issued.
(2) Following expiration of any period applicable to an applicant under paragraph (1)(ii) or (iii), in determining whether to issue a horse racing license to an applicant, the Commission shall consider the following factors:
(i) The individual or a principal of the applicant’s position with the applicant.
(ii) The nature and seriousness of the offense or conduct.
(iii) The circumstances under which the offense or conduct occurred.
(iv) The age of the applicant when the offense or conduct occurred.
(v) Whether the offense or conduct was an isolated or a repeated incident.
(vi) Any evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendations of persons who have substantial contact with the applicant.
(3) If, in the judgment of the Commission, the applicant has demonstrated by clear and convincing evidence that the participation of the applicant in horse racing or related activities is not:
(i) Inconsistent with the public interest or best interests of horse racing;
(ii) Interfering with the effective regulation of horse racing; or
(iii) Creating or enhancing the danger of unsuitable, unfair or illegal practices, methods or activities in the conduct of horse racing.
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