Section 165.31. Occupational and participation licenses

(a) No person or entity shall participate in the affairs of any corporation licensed by the Commission as director, officer, agent, employe or as the owner or holder of more than 10% interest of such license without first receiving a license from the Commission. ‘‘Ownership’’ or the ‘‘holding of an interest,’’ shall be deemed to include a legal or equitable interest involving the right to receipt of any profit, gain or other form of benefit or right of dominion arising from rights or proxy or other forms of voting control, straw, nominee, or dummy holdings, participation in voting trusts, shareholder agreements or pools, the holding of options, security interests, or assignments, pledges, redemptions or all rights of any other similar, direct or choate nature.

(b) No person shall participate in any thoroughbred horse race meet as a racing official, owner, trainer, assistant trainer, or in any other occupation as listed in § § 163.51—163.54, of otherwise or be the holder of any concession, or be an employe of a concessionaire, unless such person shall first have received a license from the Commission.

(c) Each corporation licensed by the Commission to conduct thoroughbred horse race meets shall prevent any person not holding an occupational or participation license from doing or performing any act or acts at the track maintained by such licensee or at which it conducts its meets, and it shall be the responsibility of the licensee to exclude any undesirable persons if directed by the Commission, or its representatives.

(d) Each occupational or participation license shall be for the period ending December thirty-first of the year in which the same shall be issued: provided, however, that the Commission may, pending final determination of any question, issue a temporary license upon such terms and conditions it may deem necessary, desirable or proper to effectuate the provisions of the act.

(e) An application for an occupational or participation license shall be made upon a form supplied by the Commission and shall be executed in the manner prescribed by the Commission. The Commission may issue written instructions as to the preparation and execution of applications for such licenses which instructions may be a part of, or separate from, the application form. Failure to comply with any such instructions shall be grounds for denial, suspension or revocation of such license.

(f) Each applicant for an occupational or participation license shall pay to the Commission such annual license fee as shall from time to time be prescribed by statute, rule or order. The fee shall be paid at the time of the filing of the application. No application for any license shall be accepted by the Commission unless accompanied by such necessary fee.

(g) Should such licensee lose a license or should such license be destroyed, such licensee may apply for a duplicate license by filing an affidavit on a form supplied by the Commission and the payment of a fee of $1.

The provisions of this § 165.31 amended April 14, 1978, effective April 15, 1978, 8 Pa.B. 1112.

Notation

Cross References

This section cited in 58 Pa. Code § 165.56 (relating to affidavit of beneficial owners other than a registered stockholder).