Section 165.34. Refusal to issue, suspension and revocation of corporation license

The Commission may refuse to grant a license, may suspend or revoke a license of a corporation if it determines that:

(1) The corporation has failed to abide by or enforce the provisions of the law or the rules and regulations of the Commission or the Department of Revenue.

(2) An officer, director, member or stockholder of a corporation applying for or holding a license or of a corporation which owns stock in or shares in the profits or participates in the management of the affairs of the corporation, or which leases to the corporation the track where it shall operate:

(i) Has been convicted of a crime involving moral turpitude.

(ii) Has engaged in bookmaking or other form of illegal gambling.

(iii) Has been found guilty of fraud or misrepresentation in connection with racing or breeding.

(iv) Has been guilty of a violation or attempt to violate a law, rule or regulation of racing in a jurisdiction, for which suspension from racing might be imposed in the jurisdiction.

(v) Has violated a rule, regulation or order of the Commission.

(3) The experience, character or general fitness of an officer, director or stockholder of a corporation is such that the participation of the person in thoroughbred horse racing or related activity would be inconsistent with the public interest, convenience or necessity or with the best interests of racing generally.

(4) The corporation falsified answers or makes misrepresentations to the Commission in its application for license or in another document required to be filled by the corporation under the law or this part.

(5) The corporation has failed to properly maintain its track and plant in good condition or has failed to make adequate provisions for rehabilitation and capital improvements to its track and plant.

(6) The corporation has issued or caused to be issued false or misleading advertisement.

(7) The corporation or its officers or directors shall knowingly or carelessly permit on its grounds or within the enclosure of its race track, lotteries, pool selling, touting or bookmaking or any other kind of gambling in violation of law.

(8) The corporation has aided or knowingly permitted or conspired to permit a public officer, public employe or party officer as defined in § 165.33 (relating to prohibition of interest by public officers, public employes, party officers in pari-mutuel racing activities) to acquire or retain any stock interest in or hold an office or employment with the corporation.

Notation

Cross References

This section cited in 58 Pa. Code § 165.36 (relating to temporary license).