Racing

C.R.S. tit. 44, art. 32
in effect

C.R.S. § 44-32-101 Legislative declaration

44-32-101. Legislative declaration. (1) The general assembly finds, determines, and declares that: (a) The provisions of this article 32 are enacted through the exercise of the police powers of this state for the protection of the health, peace, safety, and general welfare of the people of this state; (b) Horse racing is an inherently dangerous sport. Race horses weigh in excess of one thousand pounds, are almost six feet in height at the withers, and can run faster than thirty miles per hour. Horse racing brings significant physical risks to humans and horses. Jockeys and other persons working with horses have been injured before, during, and after horse races, occasionally resulting in death. As a result of these risks, it is crucial that persons working with horses in racing must at all times be free of any substances that might impair their judgement, reflexes, or ability to control a horse. Recent drug testing of horse racing licensees has shown instances of illegal drug use and consumption of alcohol in excess of statutory limitations, which could, therefore, endanger both human and equine participants. The most effective method of preventing alcohol and drug abuse and ensuring the safety of all persons and animals included in the sport of horse racing is to establish a program of alcohol and drug testing. (c) The purposes of this article 32 include: (I) Promoting racing and the recreational, entertainment, and commercial benefits to be derived therefrom; (II) Raising revenue for the general fund; (III) Establishing high standards of sport and fair play; (IV) Protecting the health and safety of all participants, human and animal, involved in racing events both on and off the racetrack; and (V) Fostering honesty and fair dealing in the racing industry. (2) This article 32 shall be liberally construed for all the stated purposes in this section.

C.R.S. § 44-32-102 Definitions - rules

44-32-102. Definitions - rules. As used in this article 32, unless the context otherwise requires: (1) "Breakage" means the odd cents by which the amount payable on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten cents. (2) (a) "Class A track" means a track, located within the state of Colorado, at which a race meet of horses is conducted and that is not a class B track. (b) "Class A track" includes a reopening class A track that has not run a meet within the past three years. Such class A track may begin to operate as a simulcast facility after the commission has approved its application for simulcasting and its application for race dates to hold a race meet within the following twelve months. Applications submitted to the commission shall include a provision for the establishment of a purse fund that complies with this article 32 and the rules of the commission. (3) "Class B track" means a track, located within the state of Colorado, at which a race meet of horses, consisting of thirty or more race days, is being conducted or was being conducted during the immediately preceding twelve months. (4) "Commission" means the Colorado racing commission created in part 3 of this article 32. (5) Repealed. (6) "Director" means the director of the division of racing events. (7) "Division" means the division of racing events created in part 2 of this article 32. (8) "Horse track" means either a class A track or a class B track. (9) "Host track" means either an in-state host track or an out-of-state host track. (10) "In-state host track" means a track, located within the state of Colorado, at which a race meet of horses is conducted. (11) (a) "In-state simulcast facility" means: (I) A class A or class B horse track at which a licensee has held within the preceding twelve months or is licensed and scheduled to hold within the following twelve months a race meet of at least the duration required of a class A or class B track for the purpose of handling pari-mutuel wagers as authorized by this article 32; or (II) An additional facility that is operated by and is the responsibility of the licensee of a class B horse track, located in Colorado, and used for the handling of wagers placed on simulcast races received by the track or facility. The number of additional facilities cannot exceed the total number of facilities licensed to hold a race meet in 2003 plus one additional facility per licensee as authorized under this article 32. (b) If an additional facility is jointly owned or operated as a simulcast facility by two or more licensees, the additional facility shall be deemed to be one of the additional simulcast facilities of only one of the licensees, as designated in writing to the commission. (c) The commission, for good cause, may grant a licensed class A horse track permission to receive simulcast races at an alternate location within five miles of its track during the times when the track is not in operation. e licensees, the additional facility shall be deemed to be one of the additional simulcast facilities of only one of the licensees, as designated in writing to the commission. (c) The commission, for good cause, may grant a licensed class A horse track permission to receive simulcast races at an alternate location within five miles of its track during the times when the track is not in operation. (12) "Interstate common pool" means a pari-mutuel pool established at one location, usually but not necessarily at a host track, within which pool are combined comparable pari-mutuel pools of one or more simulcast facilities upon a race run at the host track for purposes of establishing payoff prices in the various states. There may be simulcast facilities in more than one state simultaneously combining pari-mutuel pools into the common pool of the host track. Where permitted by the laws and rules of the states in which the host track and the simulcast facilities are located and with the concurrence of the host track, the combined pari-mutuel pool may be established on a regional or other basis between two or more simulcast facilities and need not involve a merger into the host track's pari-mutuel pool. In such instances, one of the simulcast facilities shall serve as if it were the host track for the purposes of holding the common pool and calculating payoffs. The interstate common pool shall be as specified in the written simulcast racing agreement between the host track and the person operating the simulcast facility receiving the simulcast races. (13) "Intrastate common pool" means a pari-mutuel pool, established for an in-state host track, that includes wagers made at the in-state host track as well as wagers made at in-state simulcast facilities on simulcast races of live races run at the in-state host track. (14) "Licensee" means any person holding a current, valid race meet license issued pursuant to section 44-32-505 and any person holding a current, valid license or registration issued by the commission pursuant to sections 44-32-503 and 44-32-504. The commission, by rule, shall determine which occupational categories shall be licensed and which shall be registered. Except in connection with the licensing of race meets, the term "license" includes a registration and "applicant" includes an applicant for a registration. (15) "Out-of-state host track" means a track, located within a state other than Colorado, that is licensed or otherwise properly authorized under the laws of the state to conduct live races of horses and to broadcast the races as simulcast races and that broadcasts the simulcast races to an in-state simulcast facility. (16) "Out-of-state simulcast facility" means a track or other facility, located within a jurisdiction other than Colorado, at which pari-mutuel wagers are placed or accepted, either in person or electronically, on simulcast races pursuant to proper authorization under the laws of the jurisdiction. (17) "Pari-mutuel pool" means a wagering pool into which pari-mutuel wagers on a live race or on a simulcast race are taken. (18) "Pari-mutuel wagering" means a form of wagering on the outcome of horse races in which those who wager purchase tickets of various denominations on one or more horses from one or more pools and all like wagers from each race are pooled and the winning ticket holders are paid prizes from the pool in amounts proportional to the total receipts in the pool minus deductions authorized by statute. (19) "Person" means any individual, partnership, firm, corporation, or association. (20) "Race meet" means any live exhibition of racing involving horses registered within their breed, conducted at a track located within the state of Colorado and operated by a licensee under a license granted pursuant to section 44-32-505, where the pari-mutuel system of wagering is used. authorized by statute. (19) "Person" means any individual, partnership, firm, corporation, or association. (20) "Race meet" means any live exhibition of racing involving horses registered within their breed, conducted at a track located within the state of Colorado and operated by a licensee under a license granted pursuant to section 44-32-505, where the pari-mutuel system of wagering is used. (21) "Simulcast facility" means either an in-state simulcast facility or an out-of-state simulcast facility. (22) "Simulcast race" means a live, audio-visual broadcast that is: (a) Transmitted simultaneously with either: (I) The performance of a live race of horses by an out-of-state host track; or (II) The performance of a live race of horses by an in-state host track; and (b) Received by a simulcast facility. (23) "Source market fee" means a licensing fee, assessed by the director pursuant to section 44-32-202 (3)(h), in lieu of taxes and fees otherwise payable under this article 32, payable by persons outside of Colorado who conduct pari-mutuel wagering on simulcast races and who accept wagers from Colorado residents at out-of-state simulcast facilities. (24) "Track" or "racetrack" means a track that is located within the state of Colorado and at which a race meet of horses is conducted under a license granted pursuant to section 44-32-505.

C.R.S. § 44-32-103 Division and commission subject to termination

44-32-103. Division and commission subject to termination. The provisions of section 24-34-104 concerning the termination schedule for regulatory bodies of the state, unless extended as provided in that section, are applicable to the division of racing events created by section 44-32-201 and the Colorado racing commission created by section 44-32-301.

C.R.S. § 44-32-201 Division of racing events - creation - representation - rules

44-32-201. Division of racing events - creation - representation - rules. (1) The division of racing events is created in the department, the head of which is the director of the division of racing events. The director is appointed by, and may be removed by, the executive director. The division of racing events, the Colorado racing commission created in section 44-32-301, and the director of the division of racing events are type 2 entities, as defined in section 24-1-105, and exercise their respective powers and perform their respective duties and functions as specified in this article 32 under the department; except that the commission has full and exclusive authority to promulgate rules related to racing without any approval by, or delegation of authority from, the department. (2) The division shall make investigations and shall request the commission or the district attorney of any district, as appropriate, to prosecute, on behalf of and in the name of the division, suits and proceedings for any of the purposes necessary and proper for carrying out the functions of the division.

C.R.S. § 44-32-202 Director - qualifications - powers and duties - rules

44-32-202. Director - qualifications - powers and duties - rules. (1) The director shall be qualified by training and experience to direct the work of the division; and, notwithstanding the provisions of section 24-5-101, shall be of good character and shall not have been convicted of any felony or gambling-related offense. (2) The director shall not engage in any other profession or occupation that could present a conflict of interest with the director's duties as director of the division. (3) The director, as administrative head of the division, shall direct and supervise all administrative and technical activities of the division. In addition to the duties imposed upon the director elsewhere in this article 32, it shall be the director's duty: (a) To investigate, supervise, and administer the conduct of racing in accordance with the provisions of this article 32 and the rules of the commission; (b) To attend meetings of the commission or to appoint a designee to attend in the director's place; (c) To employ and direct personnel as may be necessary to carry out the purposes of this article 32, but no person shall be employed who has been convicted of a felony or gambling-related offense, notwithstanding the provisions of section 24-5-101. The director by agreement may secure and provide payment for such services as the director may deem necessary from any department, agency, or unit of the state government and may employ and compensate such consultants and technical assistants as may be required and as otherwise permitted by law. Personnel employed by the director shall include but shall not be limited to a sufficient number of veterinarians, as defined in the "Colorado Veterinary Practice Act", article 315 of title 12, so that at least one veterinarian employed by the director, or by the operator, as provided in section 44-32-706 (1), shall be present at every racetrack during weighing in of animals and at all times that racing is being conducted; and the director shall by rule authorize any such veterinarian to conduct physical examinations of animals, including without limitation blood and urine tests and other tests for the presence of prohibited drugs or medications, to ensure that the animals are in proper physical condition to race, to prohibit any animal from racing if it is not in proper physical condition to race, and to take other necessary and proper action to ensure the health and safety of racing animals and the fairness of races. (d) To confer, as necessary or desirable and not less than once each quarter, with the commission on the conduct of racing; (e) To make available for inspection by the commission or any member of the commission, upon request, all books, records, files, and other information and documents of the director's office; (f) To advise the commission and recommend such rules and such other matters as the director deems necessary and advisable to improve the conduct of racing; (g) To make a continuous study and investigation of the operation and the administration of similar laws that may be in effect in other states or countries, any literature on the subject that from time to time may be published or available, any federal laws that may affect the conduct of racing, and the reaction of Colorado citizens to existing and potential features of racing events in Colorado with a view to recommending or effecting changes that will tend to serve the purposes of this article 32; that may be in effect in other states or countries, any literature on the subject that from time to time may be published or available, any federal laws that may affect the conduct of racing, and the reaction of Colorado citizens to existing and potential features of racing events in Colorado with a view to recommending or effecting changes that will tend to serve the purposes of this article 32; (h) (I) To establish and adjust fees for all licenses and registrations issued pursuant to this article 32 in an amount sufficient to generate revenue that approximates the direct and indirect cost of administering this article 32; except that an increase of more than ten percent in the fee for an occupational license or registration shall be subject to ratification by the commission. Except as provided in subsection (3)(h)(II) of this section, the fees shall be credited to the racing cash fund created in section 44-32-205. (II) In establishing and adjusting the source market fee defined in section 44-32-102 (23), the director may allocate a portion of the fee to be credited to any horse purse trust account established in accordance with section 44-32-702 (1)(f) if the director determines that such an allocation is necessary to maintain a sufficient and competitive purse structure. The total fee paid under this section must not exceed the limit set forth in section 44-32-501 (2)(d). (i) To perform any other lawful acts that the director and the commission may consider necessary or desirable to carry out the purposes and provisions of this article 32. (4) If so directed by the commission, the director may, on behalf of this state: (a) Negotiate, enter into, and participate in one or more interstate compacts that enable party states to act jointly and cooperatively to create more uniform, effective, and efficient practices, programs, and rules relating to: (I) Live horse racing; and (II) Pari-mutuel wagering activities, both on-track and off-track, that occur in or affect a party state; (b) Serve as this state's authorized representative on a commission to negotiate one or more interstate compacts as described in subsection (4)(a) of this section. If the compact commission undertakes to promulgate rules to be adopted by party states, the director shall endeavor to ensure that the process by which the rules are promulgated conforms substantially to the model state administrative procedure act of 1981, as amended, insofar as the terms of the model act are appropriate to the actions and operations of the compact commission.

C.R.S. § 44-32-203 Investigators - peace officers

44-32-203. Investigators - peace officers. (1) All investigators of the division of racing events, including the director and the executive director, shall for purposes of enforcement of this article 32 be considered peace officers as described in sections 16-2.5-101 and 16-2.5-126. (2) Nothing in this section shall be construed to prohibit local sheriffs, police departments, and other local law enforcement agencies or the Colorado bureau of investigation from enforcing the provisions of this article 32 or rules promulgated pursuant to this article 32, or from performing their other duties to the full extent permitted by law. All such sheriffs, police officers, district attorneys, other local law enforcement agencies, or the Colorado bureau of investigation shall have all the powers set forth in subsection (1) of this section.

C.R.S. § 44-32-204 Board of stewards or judges

44-32-204. Board of stewards or judges. The division shall establish a board of three stewards or judges to assist in supervising the conduct of any race meet. Two members of the board of stewards or judges shall be employees of the division. The remaining member shall be an employee of the track at which the race meet is held, shall be subject to the approval of the commission, and may be removed by the commission at any time for any reason that the commission deems good and sufficient.

C.R.S. § 44-32-205 Racing cash fund

44-32-205. Racing cash fund. (1) The racing cash fund is hereby established in the state treasury. Subject to appropriation by the general assembly, the division shall use the money in the racing cash fund for the direct and indirect costs of administering this article 32. (2) Money in the racing cash fund at the end of any fiscal year shall remain in the racing cash fund and shall not revert to the general fund or any other fund. The racing cash fund shall be maintained in accordance with section 24-75-402.

C.R.S. § 44-32-301 Racing commission - creation

44-32-301. Racing commission - creation. (1) There is created, within the division of racing events, the Colorado racing commission. The commission consists of five members, all of whom must be citizens of the United States and must have been residents of this state for the past five years. The members are appointed by the governor, with the consent and approval of the senate. No member shall have been convicted of a felony or gambling-related offense, notwithstanding the provisions of section 24-5-101. No more than three of the five members may be affiliated with the same political party. At the first meeting of each fiscal year, a chair and vice-chair of the commission shall be chosen from the membership by a majority of the members. Membership and operation of the commission shall additionally meet the following requirements: (a) (I) Two members of the commission shall have been previously engaged in the racing industry for at least five years; (II) One member shall be a practicing veterinarian who is currently licensed in Colorado and has been so licensed for not less than five years; (III) One member shall have been engaged in business in a management-level capacity for at least five years; (IV) One member shall be a registered elector of the state who is not employed in any profession or industry otherwise described in this subsection (1)(a); (V) No more than two members of the commission may be from the same congressional district; and (VI) One member of the commission must be from west of the continental divide. (b) The term of office for a member is four years; except that terms shall be staggered so that no more than two members' terms expire in the same year. No member of the commission is eligible to serve more than two consecutive terms. (c) Any vacancy on the commission shall be filled for the unexpired term in the same manner as the original appointment. The member appointed to fill the vacancy shall be from the same category described in subsection (1)(a) of this section as the member vacating the position. (d) Any member of the commission may be removed by the governor at any time. (e) The term of any member of the commission who misses more than two consecutive regular commission meetings without good cause shall be terminated and the member's successor shall be appointed in the manner provided for appointments under this section. (f) Commission members shall be reimbursed for necessary travel and other reasonable expenses incurred in the performance of their official duties. (g) Prior to confirmation by the senate, each member shall file with the secretary of state a financial disclosure statement in the form required and prescribed by the executive director. The statement shall be renewed as of each January 1 during the member's term of office. (h) The commission shall hold at least one meeting each quarter and such additional meetings as may be prescribed by rules of the commission. In addition, special meetings may be called by the chair, any two commission members, or the director, if written notification of the meeting is delivered to each member at least seventy-two hours prior to the meeting. Notwithstanding section 24-6-402, in emergency situations in which a majority of the commission certifies that exigencies of time require that the commission meet without delay, the requirements of public notice and of seventy-two hours' actual advance written notice to members may be dispensed with, and commission members as well as the public shall receive such notice as is reasonable under the circumstances. Any action by the commission during such emergency meetings shall be limited to those issues relating to the emergency situation for which the meeting was called. (i) A majority of the commission shall constitute a quorum, but the concurrence of a majority of the members appointed to the commission shall be required for any final determination by the commission.

C.R.S. § 44-32-302 Organization and officers - duties - representation

44-32-302. Organization and officers - duties - representation. (1) All money payable to and collected by the department through the division shall be transmitted to the state treasurer. The state treasurer shall credit the same to the general fund except for the money required by this article 32 to be deposited in the racing cash fund. (2) The commission shall maintain an office within the state and shall keep detailed records of all its meetings and of all the business transacted and of all the collections and disbursements. Publications of the commission circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. (3) The attorney general shall provide legal services for the division and the commission at the request of the executive director, the director, or the commission. The attorney general shall make reasonable efforts to ensure that there is continuity in the legal services provided and that the attorneys providing legal services to the division and the commission have expertise in the field.

C.R.S. § 44-32-401 Director and commission members - position of trust - conflicts of interest - definition

44-32-401. Director and commission members - position of trust - conflicts of interest - definition. (1) Appointment to the commission or to the position of director or employment in the division of racing events is a position of public trust, and therefore, in order to ensure the confidence of the people of the state in the integrity of the division and the commission, the director and members of the commission and the employees of the division are subject to this section. While serving as director or as a member of the commission or while employed by the division, no person nor any member of the person's immediate family shall: (a) Hold any pecuniary interest in any racetrack operating within the state of Colorado nor in any stable, compound, or farm that houses animals licensed or registered to race within the state of Colorado; (b) Wager money or any other chattel of value on the result of any race or race meet or sweepstakes conducted within the state of Colorado or conducted outside the state and simulcast into the state; (c) Hold any pecuniary interest in any out-of-state host track or derive any pecuniary benefit from the racing of any animal at the track; (d) Hold more than a five percent interest in any entity doing business with a track; or (e) Have any interest of any kind in a license issued pursuant to this article 32, nor have any interest, direct or indirect, including employment, in any licensee, licensed premises, establishment, or business involved in or with pari-mutuel wagering. (2) Failure to comply with the provisions of this section shall be grounds for removal from office. (3) For purposes of this section, "immediate family" means a person's spouse and any children actually living with the person.

C.R.S. § 44-32-501 Regulation of race meets and racing-related businesses - additional facilities - rules

44-32-501. Regulation of race meets and racing-related businesses - additional facilities - rules. (1) (a) The commission shall license and regulate all race meets with pari-mutuel wagering held in this state at which horses participate, and shall cause the places where the race meets are held to be visited and inspected at least once a year by its members or employees, and shall require all places to be constructed, maintained, and operated in accordance with the laws of this state and the rules of the commission. (b) The commission shall license and regulate all kennels and stables housing racing animals both in connection with a race meet and to protect the general health and welfare of horses. The commission shall cause the stables to be visited and inspected at least once a year by its members or employees and shall require all such places to be constructed, maintained, and operated in accordance with the laws of this state and the rules of the commission. (2) (a) (I) The commission shall, at its own expense, regulate the operations of pari-mutuel machines and equipment, the operations of all money rooms, accounting rooms, and sellers' and cashiers' windows, and the weighing of jockeys. (II) The commission shall at its own expense take or cause to be taken saliva, urine, blood, hair, or other body fluid samples or biopsy or necropsy specimens from horses selected by the commission or its employees at race meets provided for under this article 32 or when concerns are raised as to a particular animal, including the winner of a race, and shall test and determine the samples or specimens or cause the samples or specimens to be tested and determined. (III) To protect the health and safety of licensees, racing employees, and the general public, and to ensure the orderly conduct of race meets, the commission may at its own expense take or cause to be taken, for cause or by random selection, saliva, urine, blood, hair, or other body fluid samples from licensees. The commission shall promulgate reasonable rules identifying the license categories subject to testing. The commission shall designate license categories subject to testing based on the nature of the work performed or proximity to dangerous conditions in the sport of horse racing. Samples may be collected by division employees or by certified contractors in connection with race meets. The rules must include a listing of prohibited substances. The commission shall test and determine the samples or specimens, or cause the samples or specimens to be tested, to determine the presence of any prohibited substance that may cause impairment, or mask or dilute the presence of a prohibited substance. (IV) The commission, at its own expense and in addition to other employees, shall employ or contract with competent doctors, accountants, chemists, and other persons necessary to supervise the conduct of race meets and to ascertain that this article 32 and the rules of the commission are strictly complied with. The commission shall also seek innovative and efficient methods of testing humans and horses for prohibited substances to ensure the safety of humans and horses and maintain the integrity of racing. Through its bidding process, the commission shall invite laboratories to include proposals for testing procedures and methods that would maintain or improve the effectiveness of test results and minimize testing cost incurred by the state or the racing industry. (b) The commission shall establish and require compliance with internal control procedures for licensees, including accounting and reporting procedures. (c) The commission shall license and regulate persons who manufacture or operate totalizators and shall require all totalizators to be manufactured, maintained, and operated in accordance with the laws of this state and rules of the commission. (b) The commission shall establish and require compliance with internal control procedures for licensees, including accounting and reporting procedures. (c) The commission shall license and regulate persons who manufacture or operate totalizators and shall require all totalizators to be manufactured, maintained, and operated in accordance with the laws of this state and rules of the commission. (d) The commission may license and regulate persons outside of Colorado who conduct pari-mutuel wagering on simulcast races and who accept wagers from Colorado residents at out-of-state simulcast facilities, and shall require out-of-state simulcast facilities to be maintained and operated in accordance with the laws of this state and rules of the commission. Source market fees imposed on persons licensed under this subsection (2)(d) shall not exceed ten percent of the gross receipts of all pari-mutuel wagering by Colorado residents conducted by the persons at out-of-state simulcast facilities. (3) The commission shall license and regulate all in-state simulcast facilities conducting pari-mutuel wagering and shall require all such in-state simulcast facilities to be maintained and operated in accordance with the laws of this state and rules of the commission. (3.5) An additional facility, as described in section 44-32-102 (11)(a)(II), must not be located within fifty miles of any class B horse track operated by another licensee without the written consent of the other licensee. The commission shall establish by rule the means of obtaining the consent. (4) The commission shall, at its own expense, specifically regulate the operation by in-state simulcast facilities of pari-mutuel machines and equipment, the operation of all money and accounting facilities, and the operation of sellers' and cashiers' windows and ensure that the in-state simulcast facility is handling wagering as part of the pari-mutuel system of the appropriate track or simulcast facility and as part of the appropriate pari-mutuel pool, as designated in section 44-32-703. For such purposes, the commission, at its own expense, and in addition to other employees, shall employ the competent personnel necessary to supervise the wagering through in-state simulcast facilities and to ascertain that this article 32 and the rules of the commission are strictly complied with. (5) A licensed track or its additional facility may be used for nonracing events upon advance notice to the commission, subject to the authority of the commission and the division to take all measures reasonably necessary to ensure that the nonracing events do not interfere with the safe and proper conduct of racing or the suitability of the track for racing.

C.R.S. § 44-32-502 Delegation of authority to issue certain licenses and registrations - rules

44-32-502. Delegation of authority to issue certain licenses and registrations - rules. The commission shall delegate to the division the authority to issue all business and occupational licenses and registrations contemplated in this article 32, and shall promulgate rules containing standards for the delegation. The commission shall not delegate its duty to issue or renew race meet licenses.

C.R.S. § 44-32-503 Rules of commission - licensing - record check

44-32-503. Rules of commission - licensing - record check. (1) (a) The commission shall make reasonable rules for licensees to ensure: (I) Fair play; (II) The proper and safe conduct of the sport of horse racing; (III) The health, safety, and welfare of persons and horses involved in a racing meet; and (IV) The high standards and integrity of the sport of horse racing. (a.5) The commission rules shall also provide for the control, safety, supervision, fingerprinting, identification, and direction of applicants, registrants, and licensees. Commission rules shall provide for: (I) The supervising, disciplining, suspending, fining, and barring from racing of all persons required to be licensed or registered by this article 32; (II) A program for testing designated licensees for cause or by random selection to detect prohibited substances; and (III) The holding, conducting, and operating of all races, race meets, racetracks, in-state simulcast facilities, and out-of-state wagering on simulcast races conducted pursuant to this article 32. The commission shall announce the place, time, number of races per day, duration of race meets, as provided in section 44-32-603, and types of race meets. (b) The commission may issue a temporary license or registration for up to a maximum of ninety days for any license or registration authorized under this article 32. (2) Every person holding a license or registration under this article 32, every person operating an in-state simulcast facility, and every owner or trainer of any horse entered in a racing contest under this article 32 shall comply with the commission's rules and orders. It is unlawful for a person to work upon the premises of a racetrack without first obtaining from the commission a license or registration under this article 32; except that the commission may waive this licensing or registration requirement for occupational categories that the commission, in its discretion, deems unnecessary to be licensed or registered. This licensing or registration requirement does not apply to the members of the commission or its employees or to persons whose only participation is individually as spectator or bettor. It is unlawful for a person who owns or leases a racing animal to allow the animal to race in this state without first obtaining an owner's license or registration from the commission, as prescribed by the rules of the commission. The commission may extend the validity of a license issued for a period not to exceed three years, and the fee for the license shall be increased proportionately; except that no temporary license or registration may be issued for a period longer than ninety days. It is unlawful for a person to hold a race meet with pari-mutuel wagering without obtaining a license for pari-mutuel wagering. It is unlawful for a person to operate an in-state simulcast facility unless that person is a licensee that has been licensed within the year to hold a race meet or is a licensee that has a written simulcast racing agreement with the in-state host track or out-of-state host track from which the simulcast race is broadcast and has filed a copy of the written simulcast racing agreement with the commission before operating as an in-state simulcast facility. (3) No person holding a license under this article 32 shall extend credit to another person for participation in pari-mutuel wagering. ten simulcast racing agreement with the in-state host track or out-of-state host track from which the simulcast race is broadcast and has filed a copy of the written simulcast racing agreement with the commission before operating as an in-state simulcast facility. (3) No person holding a license under this article 32 shall extend credit to another person for participation in pari-mutuel wagering. (4) (a) With the submission of an application for a license granted pursuant to this article 32, each applicant shall submit a set of fingerprints to the commission. The commission shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Only the actual costs of the record check must be borne by the applicant. Nothing in this subsection (4) precludes the commission from making further inquiries into the background of the applicant. (b) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (4) reveal a record of arrest without a disposition, the commission shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

C.R.S. § 44-32-504 Business licenses

44-32-504. Business licenses. (1) Every application for a business license, excluding applications for initial or renewal race meet licenses pursuant to sections 44-32-505 and 44-32-512, shall be made under oath and filed with the commission and shall set forth the information as the rules of the commission may require in connection with the application. (2) To determine whether a license shall be granted, the commission shall have the right to examine the financial and other records of the applicant and to compel the production of records and documents. (3) The commission has discretion to grant or deny a business license if it finds that any applicant or any of the directors, officers, or original stockholders of a corporate applicant have violated any of the provisions of this article 32 or any rules of the commission, or failed to pay any of the sums required under this article 32, or as it determines, from the application, the character, financial ability, and experience of each individual applicant or the officers and director of each corporate applicant to be for the best interests of the state and the racing industry. (4) When conducting investigations pursuant to this section, to the extent possible, the commission shall utilize investigative information of other state racing jurisdictions. The commission may investigate an existing licensee who is seeking to acquire ownership of another existing license. (5) Any unexpired license held by any person who has been convicted by the commission of violating any of the provisions of this article 32 or any rule of the commission, or who has willfully or fraudulently made any false statement in any application for a license, or who fails to pay to the commission any and all sums required under the provisions of this article 32 is subject to cancellation or revocation by the commission. (6) The commission shall have the power to issue subpoenas for the appearance of persons and the production of documents and other things in connection with applications before the commission or in the conduct of investigations.

C.R.S. § 44-32-505 Meet licenses

44-32-505. Meet licenses. (1) Every initial application for a license to hold race meets under this article 32 shall be made under oath and shall be filed with the commission on or before a day fixed by the commission and shall set forth the time, the place, and the number of days the meet shall continue; the kind of racing proposed to be conducted; the full name and address of the applicant and, if a corporation, the names and addresses of all of its officers and directors and all of the holders of each class of its stock and the amount of stock of each class so owned by each stockholder; the location of the racetrack and whether the racetrack is owned or leased; the names and residences of the owners of all property leased by the applicant; a statement of the assets and liabilities of the applicant; a description of the qualifications and experience of the applicant if an individual or of its officers and directors if a corporation; a full disclosure of all holding or intermediary companies associated with the applicant, as well as their shareholders, all contracts that relate to the race meet, audited balance sheets of corporate applicants, excluding nonprofit associations, and the terms and conditions of all contracts by which the applicant has received credit; a description of the land uses within a radius of two miles of the establishment in which the race meet is proposed to be conducted; and the incidental information as the rules of the commission may require in connection with the application. (2) Upon the filing of the application, the commission shall fix a date for a hearing on the application, and the applicant shall give public notice of the time and place of the hearing by publication in one issue of a daily or weekly newspaper of general circulation in the area in which it is proposed to conduct the race meet and by posting on the site of the proposed race meet a notice, in form and size to be determined by the commission, that the application has been filed and the date and place of the hearing thereon. At the time and place mentioned in the notice, the commission shall conduct a public hearing at which evidence for and against the granting of the application may be presented. (3) Except as otherwise limited by the provisions of this article 32, in considering an application for a license under this section, the commission may give consideration to the number of licenses already granted, and to the location of tracks previously licensed, and to the sentiments and character of the community in which the proposed race meets are to be conducted, and to the ability, character, and experience of each individual applicant or the officers and directors of each corporate applicant. The commission may require of every applicant for a license to hold a race meet, except a public nonprofit association, nonprofit corporation, or nonprofit fair, including the Colorado state fair and all county fairs, who has not, within five years prior to making an application for a license to hold a race meet, operated a race meet in the county, city, or city and county in which it is proposed to hold the race meet, a recommendation in writing of the board of county commissioners of the county in the event the race meet is to be held in unincorporated areas of the county or of the governing board of a city or city and county if the proposed race meet is to be held within a city or city and county. The commission may take the recommendation into consideration before granting or refusing the license. The commission may deny a license to operate a new racetrack to a person who is already licensed to operate a racetrack within this or any other state if, in the opinion of the commission, the granting of the license would discourage legitimate competition from other qualified applicants county. The commission may take the recommendation into consideration before granting or refusing the license. The commission may deny a license to operate a new racetrack to a person who is already licensed to operate a racetrack within this or any other state if, in the opinion of the commission, the granting of the license would discourage legitimate competition from other qualified applicants. The commission shall investigate any applicant and shall require the applicant to pay the actual cost of investigating the application as part of the fees and costs imposed pursuant to section 44-32-506. The applicant shall advance the money necessary for the investigation to the commission, and the commission shall return any unused portion of the money to the applicant at the conclusion of the commission's investigation. The advance of the money may either be made directly to the commission or the money may be deposited into escrow in a manner approved by the commission. (4) The commission may grant or refuse licenses to conduct race meets under this article 32 as it determines, from the application, the character, financial ability, and experience of each individual applicant or the officers and directors of each corporate applicant, the sentiments of the community and the character of the area wherein it is proposed to conduct the race meets, and the evidence presented at the hearing, to be for the best interests of the state, the racing industry, and the area in which it is proposed to conduct the race meets. (5) The commission has discretion to grant or deny a race meet license if it finds that any applicant has, or any of the directors, officers, or original stockholders of a corporate applicant have, violated any of the provisions of this article 32 or any rules of the commission or failed to pay any of the sums required under this article 32. (6) Every license issued under this article 32 shall specify the number of days the licensed race meet shall continue and the number of races per day. No license shall be granted to any individual who is not a bona fide resident of Colorado nor to any foreign corporation. Every applicant shall agree that, if granted a license under this article 32, the applicant will not thereafter sell, mortgage, or otherwise pledge or dispose of any of the assets listed and described on the application for a license or a renewal license without thirty days' prior notice to the commission, which may approve or disapprove the disposition of assets upon good cause shown. The charter of all corporate applicants shall contain a provision that, when a cumulative ten percent or more of the voting stock of the corporation is to be sold, mortgaged, or otherwise pledged or transferred, thirty days' prior notice shall be given to the commission. The corporation shall pay an investigation fee to the commission as part of the fees and costs imposed pursuant to section 44-32-506. The commission shall approve or disapprove of the disposition of the stock, upon good cause shown, within ninety days of the filing of a completed application for transfer. The commission has the power to ascertain if any capital stock of any corporate applicant or licensee is held with the intent to mislead or deceive the commission for an undisclosed principal. The involvement of an undisclosed principal shall be grounds for the denial, suspension, or revocation of a license. ood cause shown, within ninety days of the filing of a completed application for transfer. The commission has the power to ascertain if any capital stock of any corporate applicant or licensee is held with the intent to mislead or deceive the commission for an undisclosed principal. The involvement of an undisclosed principal shall be grounds for the denial, suspension, or revocation of a license. (7) Upon petition by the licensee and a finding by the commission that it is impossible or impractical for a licensee, because of fire or act of God or other unforeseeable emergency not caused or participated in by the licensee, to conduct a race meet upon the dates allocated or upon a racetrack designated by the commission to the licensee, other dates and locations may be substituted and granted to the licensee. A licensee so petitioning may be granted the right to lease and utilize any other licensee's facilities for the term of the petitioning licensee's annual permit or any portion thereof, but the grant shall not be construed to allow any licensee more days of racing in any year than are prescribed by this article 32. (8) When conducting investigations pursuant to subsections (3) and (6) of this section, to the extent possible, the commission shall utilize investigative information of other state racing jurisdictions. The commission may investigate an existing licensee who is seeking to acquire ownership of another existing license to conduct race meets.

C.R.S. § 44-32-506 Application - fee - waiver of confidentiality

44-32-506. Application - fee - waiver of confidentiality. (1) In connection with the issuance of licenses or registrations, the commission shall establish investigation and application fees, which fees shall be credited to the racing cash fund created in section 44-32-205. (2) The application form created by the commission shall include a waiver of any right of confidentiality and a provision that allows the information contained in the application to be accessible to law enforcement agents of this or any other state or the government of the United States. The waiver of confidentiality shall extend to any financial or personnel record, wherever maintained.

C.R.S. § 44-32-507 Investigation - denial, suspension, and revocation actions against licensees - unlawful acts

44-32-507. Investigation - denial, suspension, and revocation actions against licensees - unlawful acts. (1) The commission upon its own motion may, and upon complaint in writing of any person shall, investigate the activities of any licensee or applicant within the state or any person upon the premises of any facility licensed pursuant to this article 32. In addition to its authority under any other provision of this article 32, the commission may issue a letter of admonition to a licensee, fine a licensee, suspend a license, deny an application for a license, or revoke a license, if the person has committed any of the following violations: (a) Disregarding or violating any provision of this article 32 or any rule promulgated by the commission in the interests of the public and in conformance with the provisions of this article 32; (b) Been convicted of, or entered a plea of guilty or nolo contendere to, a criminal charge under the laws of this or any other state or of the United States, or entered into a plea bargain for acts or omissions that, if committed in Colorado, would have been grounds for discipline in this state. A certified copy of the judgment of the court in which any such conviction occurred shall be presumptive evidence of the conviction in any hearing under this article 32. This subsection (1)(b) shall be applied in accordance with section 24-5-101. (c) Current prosecution or pending charges in any jurisdiction, against the applicant, or any of its officers or directors, or any of its general partners, or any stockholders, limited partners, or other persons having a financial or equity interest of five percent or greater in the applicant, for any felony; except that, at the request of the applicant or the person charged, the commission shall defer decision upon the application during the pendency of the charge; (d) Fraud, willful misrepresentation, or deceit in racing; (e) Failure to disclose to the commission complete ownership or beneficial interest in a racing animal entered to be raced; (f) Misrepresentation or attempted misrepresentation in connection with the sale of a racing animal or other matter pertaining to racing or registration of racing animals; (g) Failure to comply with any order or rulings of the commission, the stewards, the judges, or a racing official pertaining to a racing matter; (h) Ownership of any interest in or participation by any manner in any bookmaking, pool-selling, touting, bet solicitation, or illegal enterprise; (i) Employing or harboring unlicensed persons on the premises of a racetrack; (j) Being a person, employing a person, or being assisted by a person who is not of good record or good moral character; (k) Discontinuance of or ineligibility for the activity for which the license was issued; (l) Being currently under suspension or revocation of a racing license in another racing jurisdiction, or having been subject to disciplinary action by the commission or equivalent agency of another jurisdiction for acts or omissions that, if committed in Colorado, would have been grounds for discipline in this state; except that this subsection (1)(l) shall not furnish the basis for the imposition of fines; (m) Possession on the premises of a racetrack of: (I) Firearms; or (II) A battery, buzzer, electrical device, or other appliance other than a whip that could be used to alter the speed of a racing animal in a race or while working out or schooling; (n) Possession, on the premises of a racetrack, by a person other than a licensed veterinarian, of: (I) A hypodermic needle, hypodermic syringe, or other similar device; (II) Any substance, compound items, or combination thereof of any medicine, narcotic, stimulant, depressant, or anesthetic that could alter the normal performance of a racing animal unless specifically authorized by the commission veterinarian; (o) Cruelty to or neglect of a racing animal; er than a licensed veterinarian, of: (I) A hypodermic needle, hypodermic syringe, or other similar device; (II) Any substance, compound items, or combination thereof of any medicine, narcotic, stimulant, depressant, or anesthetic that could alter the normal performance of a racing animal unless specifically authorized by the commission veterinarian; (o) Cruelty to or neglect of a racing animal; (p) Offering, promising, giving, accepting, or soliciting a bribe in any form, directly or indirectly, to or by a person having any connection with the outcome of a race, or failure to report knowledge of the act immediately to the stewards, the judges, or the commission; (q) Causing, attempting to cause, or participating in any way in any attempt to cause the prearrangement of a race result, or failure to report knowledge of the act immediately to the stewards, the judges, or the commission; (r) Entering, or aiding and abetting the entry of, a racing animal ineligible or unqualified for the race entered; (s) Willfully or unjustifiably entering or racing of any animal in any race under any name or designation other than the name or designation assigned to the animal by and registered with the official recognized registry for that breed of animal, or willfully soliciting, instigating, engaging in or in any way furthering any act by which any racing animal is entered or raced in any race under any name or designation other than the name or designation duly assigned by and registered with the official recognized registry for that breed of animal; (t) Aiding or abetting any person in the violation of any rule of the commission; (u) Racing at a racetrack without having a racing animal registered to race at that racetrack; (v) Being on the premises of a racetrack for which the licensee is required to be licensed without being able to show proof of gainful employment at that racetrack; (w) Failing to comply with the requirements of article 33 of this title 44 or any rule promulgated by the executive director pursuant to section 44-33-108 (3). (2) The director may summarily suspend the license of any person pending a hearing concerning violation of subsection (1)(o) of this section. (3) Any person who fails to pay within the time period established by rule a fine imposed pursuant to this article 32 shall pay, in addition to the fine due, a penalty amount equal to the fine. Any person who submits to the department through the division a check in payment of a fine or license fee requirement imposed pursuant to this article 32, which check is not honored by the financial institution upon which it is drawn, shall pay, in addition to the fine or fee due, a penalty amount equal to the fine or fee. All money received pursuant to a penalty amount imposed by this subsection (3) shall be credited to the general fund of the state. (4) Any person aggrieved by a final action or order of the commission may appeal the action to the Colorado court of appeals.

C.R.S. § 44-32-508 License - mandatory disqualification - criteria

44-32-508. License - mandatory disqualification - criteria. (1) The commission shall deny a license to any applicant on the basis of any of the following criteria: (a) Failure of the applicant to prove by clear and convincing evidence that the applicant is qualified in accordance with the provisions of this article 32; (b) Failure of the applicant to provide information, documentation, and assurances required by this article 32 or requested by the commission, failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria; (c) Conviction of the applicant, or any of its officers or directors, or any of its general partners, or any stockholders, limited partners, or other persons having a financial or equity interest of five percent or greater in the applicant, of any of the following: (I) Any gambling-related offense or theft by deception; (II) Any crime involving fraud or misrepresentation committed within ten years prior to the date of the application, notwithstanding the provisions of section 24-5-101; (d) Current prosecution or pending charges in any jurisdiction against the applicant, or against any person listed in subsection (1)(c) of this section, for any of the offenses enumerated in subsection (1)(c) of this section; except that, at the request of the applicant or the person charged, the commission shall defer decision upon the application during the pendency of the charge.

C.R.S. § 44-32-509 Hearings - review - rules

44-32-509. Hearings - review - rules. (1) Except as otherwise provided in this section, all proceedings before the commission with respect to the denial, suspension, or revocation of licenses or the imposition of fines shall be conducted pursuant to the provisions of sections 24-4-104 and 24-4-105. (2) The proceedings shall be held in the county where the commission has its office or in such other place as the commission may designate. The commission shall notify the applicant or licensee by mailing by first-class mail a copy of the written notice required to the last address furnished by the applicant or licensee to the commission. (3) (a) The commission may delegate its authority to conduct hearings and impose discipline with respect to the denial or suspension of licenses or the imposition of a fine to the division, through its board of stewards or judges, or a hearing officer. Proceedings before the division, through its board of stewards or judges, or a hearing officer shall not be governed by the procedural or other requirements of sections 24-4-104 and 24-4-105, but rather shall be conducted in accordance with rules adopted by the commission. (b) The commission may direct that any hearing be conducted before an administrative law judge appointed pursuant to part 10 of article 30 of title 24. (4) The commission, the division, through its board of stewards or judges, and any hearing officer shall have the authority to administer oaths and affirmations, sign and issue subpoenas and order the production of documents and other evidence, and regulate the course of the hearing, pursuant to rules adopted by the commission. (5) Any party aggrieved by a final order or ruling issued by the division, through its board of stewards or judges, or a hearing officer shall have a right to appeal the order or ruling to the commission, pursuant to procedural rules that shall be adopted by the commission. The aggrieved party may petition the commission for a stay of execution pending appeal to the commission.

C.R.S. § 44-32-510 Liability insurance - bond for race meets

44-32-510. Liability insurance - bond for race meets. (1) For the protection of the public and the exhibitors, contestants, and visitors, every person licensed to conduct a race meet under the provisions of this article 32 shall carry public liability insurance in the form of a contract and with a company to be approved by the commission. (2) An organization representing the majority of the owners of racing animals participating in any race meet may require the licensee conducting the race meet to provide and deliver to the commission evidence of a bond signed by a surety company authorized to do business in this state, in an amount sufficient to cover all awards and purses due to the contestants at the race meet and conditioned that the licensee will pay and discharge all obligations to the contestants in connection with the race meet.

C.R.S. § 44-32-511 Racing of standardbred harness horses

44-32-511. Racing of standardbred harness horses. (1) Notwithstanding any other provision of this article 32 to the contrary, the commission shall grant licenses to conduct the racing of standardbred harness horses pursuant to the provisions of this article 32 and in accordance with subsections (2) and (3) of this section. (2) The licenses granted may be issued to conduct not more than three race meets in any one year at a racetrack specifically designed and used for the racing of no animals other than standardbred harness horses, but the race meets may not be held on the same dates as race meets authorized by the commission for animals other than standardbred harness horses that are held within forty miles of the track licensed for the racing of standardbred harness horses. In addition, licenses may be issued by the commission to conduct three race meets for the racing of standardbred harness horses in any one year at any racetrack at which horse race meets are held and that is not within forty miles of any other racetrack licensed for the racing of horses or the racing of standardbred harness horses. (3) No tracks licensed for the racing of standardbred harness horses may be located within forty miles of one another, but the tracks may be located within forty miles of any track licensed for the racing of animals other than standardbred harness horses subject to the limitations in subsection (2) of this section. (4) The provisions of subsection (3) of this section shall not restrict the right of a county to conduct extended standardbred harness horse race meets, upon being licensed by the commission, at a county fairground if the race meets are not within fifteen miles of any racetrack licensed in Colorado for the racing of horses.

C.R.S. § 44-32-512 Eligibility to operate race meets - renewal or revocation

44-32-512. Eligibility to operate race meets - renewal or revocation. (1) (a) No person shall be eligible to operate a race meet under a license issued under the provisions of this article 32 unless the person is the owner or controls the possession of a properly constructed racetrack suitable for the conduct of racing and improved with safe and suitable grandstands; equipped with reasonably sanitary accommodations and also such accommodations, including track conditions, as the commission may require for the care and control of the animals racing at the meet; and also such other improvements as, in the opinion of the commission, may be required for the protection of the public, human and animal participants, and others likely to be present at the race meet. In consideration of the location of the track and other structures and erections and the probable capacity requirements to accommodate the crowd and the number of people that will reasonably be expected to occupy the grandstands and attend the race meets, a major racing operation license shall not be issued for the racing of horses at a class A track that is within forty miles of any other major racing operation licensed under this article 32 for the racing of horses at a class A track; nor shall a major racing operation license be issued for the racing of horses at a class B track that is within forty miles of any other major racing operation licensed under this article 32 for the racing of horses at a class B track. In no event shall any racing operation licensed under this article 32 for the racing of horses at a horse track located within forty miles of the Colorado state fair and industrial exposition conduct race meets of horses on the same dates as the race meets of horses at the state fair. (b) As used in subsection (1)(a) of this section, "major racing operation" means nonprofit corporations and commercial tracks conducting race meets that exceed fifteen racing days. (2) Applications for renewal of a license shall be filed with the commission on or before a day fixed by the commission and shall set forth the name of the applicant and if a corporation the names and addresses of its officers and directors with a list attached thereto of the names and addresses of all the holders of its stock, as of a date not more than thirty days prior to the filing of the application, and the amount of voting stock held by each stockholder. If any of its voting stock is known by any applicant to be registered in the name of a person not the actual owner thereof, the list shall also show the name and address of the actual owner. (3) The application shall set forth the proposed dates of race meets, the dates within the race meets on which the applicant intends to conduct racing at the meet and the number of races intended to be run on the dates, and the address of the establishment where the meets are to be held and shall have attached thereto the most recent financial statement of the applicant as of a date not more than twelve months prior to the date of the application for renewal of the license. The application shall also contain such other information as the rules of the commission may provide to ensure that the licensee is conducting race meets in accordance with the provisions of this article 32 and the rules of the commission. To determine whether an application for renewal of the license to conduct race meets shall be granted, the commission shall have the right to examine the financial and other records of the licensee, to compel the production of records and documents, to conduct hearings, to summon witnesses, and to administer oaths. accordance with the provisions of this article 32 and the rules of the commission. To determine whether an application for renewal of the license to conduct race meets shall be granted, the commission shall have the right to examine the financial and other records of the licensee, to compel the production of records and documents, to conduct hearings, to summon witnesses, and to administer oaths. (4) (a) As soon as is practicable after the date fixed for the filing of applications for renewal, the commission shall meet and determine the granting or denial thereof. If the commission finds that the applicant has fully complied with the requirements and conditions for renewal, the application for renewal shall be granted, and the commission shall allot and assign to the respective applicants, in the manner stated in this subsection (4), dates for race meets and dates for racing within the race meet and the number of races on the dates. (b) Except as otherwise provided in this article 32, the commission may allot different dates for race meets, different dates for racing within a race meet, and a different number of races on the dates from those requested in the application for renewal. In making its allotment of dates, the commission shall endeavor to allot to each applicant the dates requested by the applicant in the application, after giving due consideration to all factors involved, including the interests of the applicant and the public and the best interests of racing. In its allotment of dates, the commission shall also endeavor, whenever possible, to avoid a conflict in live horse race dates between class A tracks or between class B tracks located within fifty miles of each other; except that the commission may allot dates to a state, county, or other fair commission or association holding not more than one race meet annually for a period not exceeding six days, despite the fact that the dates conflict with the dates allotted to another applicant conducting live horse racing. When the granting of requested initial or renewal race dates would result in a conflict, the commission may grant race dates so as to avoid conflict to the extent possible, giving preference to requests for race dates from license applicants whose licensed race meet in the previous year included the same dates. (5) In the event the commission finds that any applicant for a renewal of a license to conduct race meets under this article 32 has violated any of the provisions of this article 32 or any rule of the commission, or has willfully or fraudulently made any false statement in an original application for a license to hold race meets or for the renewal of the license, or has failed to pay the commission any sums required by this article 32, or lacks the ability, experience, or finances to conduct race meets, the commission may refuse to grant a renewal of the license. s article 32 or any rule of the commission, or has willfully or fraudulently made any false statement in an original application for a license to hold race meets or for the renewal of the license, or has failed to pay the commission any sums required by this article 32, or lacks the ability, experience, or finances to conduct race meets, the commission may refuse to grant a renewal of the license. (6) Any unexpired license held by any person who has been convicted by the commission of violating any of the provisions of this article 32 or any rule of the commission, or who has willfully or fraudulently made any false statement in any application for a license to hold a race meet or for the renewal of the license, or who fails to pay to the commission any and all sums required under the provisions of this article 32 is subject to cancellation or revocation by the commission. The cancellation shall be made only after a summary hearing before the commission, of which three days' notice in writing shall be given the licensee specifying the grounds for the proposed cancellation and at which hearing the licensee shall be given an opportunity to be heard in person and by counsel in opposition to the proposed cancellation. No license shall be granted or continued to any licensee for any race meet licensed under this article 32 who has made default in any payment of any premium or prizes on any race meets held under this article 32 or who has failed to meet any monetary obligations in connection with any race meet held in this state.

C.R.S. § 44-32-513 Division of racing events - access to records

44-32-513. Division of racing events - access to records. The division, for purposes of this article 32, shall have full authority to procure, at the expense of the division, any records furnished to or maintained by any law enforcement agency in the United States, including state and local law enforcement agencies in Colorado and other states for the purposes of carrying out its responsibilities. Upon request from the Colorado bureau of investigation, the division shall provide copies of any and all information obtained pursuant to this part 5.

C.R.S. § 44-32-514 Payments of winnings - intercept

44-32-514. Payments of winnings - intercept. Before making a payment of cash winnings from pari-mutuel wagering on horse racing for which the licensee is required to file form W-2G, or a substantially equivalent form, with the United States internal revenue service, the licensee shall comply with the requirements of article 33 of this title 44.

C.R.S. § 44-32-601 Underage wagering

44-32-601. Underage wagering. (1) No person under the age of eighteen years shall purchase, redeem, or attempt to purchase or redeem any pari-mutuel ticket. (2) No person shall sell any pari-mutuel ticket to a person under the age of eighteen years. (3) Any person who violates this section commits a civil infraction.

C.R.S. § 44-32-602 Simulcast facilities and simulcast races - unlawful act

44-32-602. Simulcast facilities and simulcast races - unlawful act. (1) It is unlawful for any person to accept or place wagers on any simulcast race within the state of Colorado except under the provisions of this article 32. It is lawful to conduct pari-mutuel wagering on simulcast races of horses or that are received by an in-state simulcast facility authorized and operated pursuant to this article 32. (2) Repealed. (3) A race meet of horses that is conducted at an in-state host track may be received as a simulcast race by any simulcast facility; except that, notwithstanding any consent granted pursuant to section 44-32-501 (3.5), if an in-state simulcast facility is located within fifty miles of a horse track that has held within the previous twelve months, or that is licensed and scheduled to hold within the next twelve months, a horse race meet of no less than thirty race days, the in-state simulcast facility may not receive simulcast races of horses on any day on which the horse track is running live horse races unless the licensee of the horse track consents to the in-state simulcast facility's reception of such races. (4) (a) Repealed. (b) (I) (A) An in-state simulcast facility that is located on the premises of a class B track may receive simulcast horse races from an out-of-state host track as authorized by the commission. The total includes, and is not in addition to, the days on which live racing is held. (B) A facility that is reopening as a track may receive three days of simulcast horse races from an out-of-state host track for each day of live horse racing for which the commission has granted it a race date for the subsequent year. A day of simulcast horse races, for the purposes of this subsection (4)(b), shall not include a day on which live horse races are conducted at the horse track at which the simulcast facility is located or a day on which the simulcast facility receives only simulcast races of horses from a race meet conducted at an in-state host track. (II) An in-state simulcast facility that is not located on the premises of a horse track that runs a horse race meet of at least thirty live race days may receive a broadcast signal of a simulcast horse race conducted at an out-of-state host track only through an in-state simulcast facility that is located on the premises of a horse track that runs a horse race meet of at least thirty live race days. (III) On any day on which an in-state simulcast facility receives simulcast horse races, either directly from an out-of-state host track or through another in-state simulcast facility or facility that is reopening as a track, and on which one or more in-state host tracks are running live horse races, the in-state simulcast facility shall receive and conduct pari-mutuel wagering on the broadcast signal of simulcast horse races from at least one such in-state host track, if the broadcast signal is made available to it on usual and customary terms and conditions, including price, as determined by the commission. (IV) All simulcasting of horse races shall comply with the federal "Interstate Horseracing Act of 1978", 15 U.S.C. secs. 3001-3007, as amended. (V) For purposes of administering this subsection (4)(b), each operating year of an in-state simulcast facility located on the premises of a class B track shall be deemed to begin on April 21 and end on the following April 20. Simulcast days allotted to such a facility pursuant to this subsection (4)(b) may be used at any time during the operating year, but unused days remaining as of the end of one operating year may not be carried forward to the next operating year. year of an in-state simulcast facility located on the premises of a class B track shall be deemed to begin on April 21 and end on the following April 20. Simulcast days allotted to such a facility pursuant to this subsection (4)(b) may be used at any time during the operating year, but unused days remaining as of the end of one operating year may not be carried forward to the next operating year. (5) An in-state simulcast facility having a written simulcast racing agreement with an in-state or out-of-state host track pursuant to section 44-32-503 (2) may receive simulcast races, as specified in subsection (4)(b) of this section, on any day, including a day not within the race meet of the in-state simulcast facility that is also a track and a day on which no live race is conducted within the race meet of the in-state simulcast facility that is also a track.

C.R.S. § 44-32-603 Duration of meets

44-32-603. Duration of meets. (1) It is unlawful to conduct any race meet at which wagering is permitted except under the provisions of this article 32. It is lawful to conduct pari-mutuel wagering on live horse races that are part of a race meet licensed and conducted under this article 32. The duration of a horse race meet at a class B track is as specified in section 44-32-102 (3); except that the commission may prescribe a lesser number of race days in the event of unforeseen circumstances or acts of God. (2) A race day is any period of twenty-four hours beginning at 12 midnight Colorado time and included in the period of a race meet and upon which day live racing is held. Dark days within a race meet are not counted as race days. Days on which an in-state simulcast facility that is a track receives simulcast races but does not conduct live races are not counted as race days. Subject to this article 32, the commission shall determine the number and kind of race meets to be held at any one track; however, race meet days are permitted on Sundays. (3) In order to promote live racing of horses throughout the state of Colorado, the commission, when determining the number and kind of race meets held and the dates and times of races held at race meets, may take into consideration the interests of the racing industry as a whole throughout the state but shall give particular consideration to the racing dates and times requested by or assigned to the following: (a) In the case of class A tracks, other class A tracks; and (b) In the case of class B tracks, other class B tracks. (4) The commission shall determine, consistent with all other provisions of this article 32, the total number of races conducted and performances held during a race meet.

C.R.S. § 44-32-604 Greyhound racing prohibited

44-32-604. Greyhound racing prohibited. (1) No live greyhound racing involving the betting or wagering on the speed or ability of the greyhounds racing shall be conducted in Colorado. The commission shall not accept or approve an application or request for race dates for live greyhound racing in Colorado. (2) Notwithstanding the provisions of this article 32 or any other general or specific law to the contrary, it is unlawful in Colorado to wager on any race of greyhounds that is conducted at, and simulcast from, a track that is outside of Colorado.

C.R.S. § 44-32-605 Wagering on historic races - definitions

44-32-605. Wagering on historic races - definitions. (1) The state, a municipality, city and county, county, or any state or local agency, board, commission, or official thereof, shall not approve or permit the use of a racing replay and wagering device. (2) A licensee shall not operate, offer to operate, or use a racing replay and wagering device or allow any person to use a racing replay and wagering device to place a wager on any previously run sporting event. (3) This section does not apply to a simulcast race. (4) As used in this section, unless the context otherwise requires: (a) "Racing replay and wagering device" means a mechanical, electronic, or computerized piece of equipment that: (I) Can display a previously run sporting event, regardless of how the sporting event is displayed, rebroadcast, or replayed; and (II) Gives a player who places a wager on the outcome of the previously run sporting event an opportunity to win a thing of value, whether due to the skill of the player, chance, or both. (b) "Sporting event" means a contest in which animals, people, or machines compete individually or as teams for the purpose of winning a race, game, contest, or other competition. (c) "Wager" means to place at risk of loss any valuable consideration, including coin, currency, or the electronic equivalent of any coin or currency.

C.R.S. § 44-32-701 License fees and Colorado-bred horse race requirement - rules - greyhound welfare and adoption fund - repeal

44-32-701. License fees and Colorado-bred horse race requirement - rules - greyhound welfare and adoption fund - repeal. (1) Repealed. (2) (a) (I) For the privilege of conducting racing under a license issued under and of operating an in-state simulcast facility pursuant to this article 32, a licensee for the racing of horses and an operator of an in-state simulcast facility that receives simulcast races of horses pursuant to section 44-32-602 (4)(b) shall pay to the department through the division three-fourths of one percent of the gross receipts of the pari-mutuel wagering at any race meet or placed on the simulcast races; except that a licensee for the racing of horses at a class B track race meet shall pay to the department through the division three-fourths of one percent of the gross receipts of the pari-mutuel wagering at any such race meet. (I.5) (A) Notwithstanding section 44-32-706 (2), on January 1, 2025, of the money that is paid to the department by licensees pursuant to subsection (2)(a)(I) of this section, the department shall transfer twenty-five thousand dollars to the fund created in subsection (2)(a)(I.5)(B) of this section, and on January 1, 2026, the department shall transfer fifty thousand dollars to the fund, in accordance with rules promulgated by the commission. (B) The greyhound welfare and adoption fund, referred to in this subsection (2)(a)(I.5) as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (2)(a)(I.5)(A) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund. Subject to annual appropriation by the general assembly, the department may make distributions of money from the fund to greyhound welfare and adoption organizations in accordance with rules of the commission. The commission shall not condition distributions from the account on whether a greyhound welfare and adoption organization supports or opposes greyhound racing. The state treasurer shall transfer all unexpended and unencumbered money in the fund on July 31, 2026, to the general fund. (C) This subsection (2)(a)(I.5) is repealed, effective August 1, 2026. (II) (A) In addition to the amount paid to the department through the division in subsection (2)(a)(I) of this section, a licensee for the racing of horses and an operator of an in-state simulcast facility that receives simulcast races of horses pursuant to section 44-32-602 (4)(b) shall pay to Colorado state university for allocation to its school of veterinary medicine one-fourth of one percent of the gross receipts of all pari-mutuel wagering, except on win, place, or show, at the horse race meet or placed on the simulcast races, to be used for racing-related equine research. To receive research funding under this subsection (2)(a)(II), an institution or individual must describe and report to the commission on all projects upon completion. (B) (Deleted by amendment, L. 2023.) (b) In addition to any money to be paid pursuant to subsection (2)(a) of this section, a licensee for the racing of horses and an operator of an in-state simulcast facility that receives simulcast races of horses pursuant to section 44-32-602 (4)(b) shall pay to a trust account one-half of one percent of the gross receipts of pari-mutuel wagering on win, place, and show and one and one-half percent of the gross receipts from all other pari-mutuel wagering at any such race meet or placed on the simulcast races for the horse breeders' and owners' awards and supplemental purse fund established in section 44-32-705. nt to section 44-32-602 (4)(b) shall pay to a trust account one-half of one percent of the gross receipts of pari-mutuel wagering on win, place, and show and one and one-half percent of the gross receipts from all other pari-mutuel wagering at any such race meet or placed on the simulcast races for the horse breeders' and owners' awards and supplemental purse fund established in section 44-32-705. (c) (I) The operator of a simulcast facility that receives simulcast races of horses pursuant to section 44-32-602 (4)(b) shall retain five percent of the gross receipts of pari-mutuel wagering placed on the simulcast races at that facility, to be used to cover the particular expenses incurred in operating a simulcast facility. (II) Of the five percent of gross receipts retained pursuant to subsection (2)(c)(I) of this section, the operator of a simulcast facility that is not located at a class B track and that receives simulcast races of horses shall remit to the operator of the class B track from which the simulcast races were received one-fifth, representing one percent of the gross receipts of pari-mutuel wagering placed on the simulcast races at the simulcast facility. (3) For the purpose of encouraging the breeding, within the state, of race horses registered within their breeds, at least one race of each day's live horse race meet shall consist exclusively of Colorado-bred horses, if Colorado-bred horses are available. This requirement shall not apply to an in-state simulcast facility that is a horse track and that receives simulcast races of horses on any given race meet day but does not conduct a live horse race on such day.

C.R.S. § 44-32-702 Unlawful to wager - exception - excess - taxes - special provisions for simulcast races - rules

44-32-702. Unlawful to wager - exception - excess - taxes - special provisions for simulcast races - rules. (1) (a) It is unlawful to conduct pool selling or bookmaking, or to circulate handbooks, or to bet or wager on any race meet licensed under the provisions of this article 32 other than by the pari-mutuel method. (b) (I) Except as otherwise provided in subsection (4) of this section, it is unlawful for a racing or simulcast facility licensee for the racing of horses to take more than the percentage of the gross receipts authorized by the commission pursuant to subsection (1)(b)(II) of this section of any pari-mutuel wagering on the races or simulcast races. (II) The commission may annually determine the authorized take-out under subsection (1)(b)(I) of this section by rule, but the take-out shall not exceed thirty percent of the gross receipts of any pari-mutuel wagering on races originating within Colorado. (c) Each licensee for the racing of horses shall pay as purses for the races in any horse race meet conducted at its in-state host track fifty percent of the breakage attributable thereto, and fifty percent of the track's commission. For purposes of this subsection (1)(c), "track's commission" means the maximum allowable percentage that may be taken, pursuant to subsection (1)(b) of this section, by a licensee for the racing of horses from the gross receipts from all pari-mutuel wagering placed on the races at the in-state host track, after deduction of the amounts specified in sections 44-32-701 (2)(a) and (2)(b) and 44-32-705 (2). (d) For each horse race meet it conducts, a licensee shall file with its license application with the commission an agreement between the licensee and the organization that represents the majority of the owners of horses participating at the race meet. The agreement shall specify the purse structure that shall apply to the races conducted at the horse race meet, including minimum purses per race and any conditions relating to overpayments or underpayments. (e) (I) Each operator of an in-state simulcast facility that receives simulcast races of horses from either an in-state host track or an out-of-state host track shall pay to purse funds for the racing of horses and to the in-state or out-of-state tracks and simulcast facilities described in the simulcast agreement filed with the commission, the percentages of the gross pari-mutuel wagering on the simulcast races, after deduction of a signal fee required by an out-of-state host track or an in-state host track, paid during the current year or a previous year, and the applicable amounts specified in subsection (2)(b) of this section and in sections 44-32-701 (2) and 44-32-705 (2), as specified in the simulcast agreement. (II) To defray operating expenses, the operator of a simulcast facility located at a class B track may retain up to twenty percent of the net purses earned and payable to the horse purse fund as provided in subsection (1)(e)(I) of this section. (f) A licensee or operator shall retain horse purse funds, including funds established in section 44-32-705, payable by the licensee or operator under this section in a trust account in a commercial bank located in Colorado until the purse funds are paid to the horse owners or to the host track for payment to the horse owners; except that: (I) The money deposited in any such trust account shall be invested in a fund that invests in obligations of the United States government with maturities of less than one year or that is an account insured in full by an agency of the federal government; and (II) Money credited to a horse purse trust account from the source market fee in accordance with section 44-32-202 (3)(h)(II) shall be paid as authorized by the director as purses for races held at live race meets in Colorado or as otherwise authorized by rules of the commission. ith maturities of less than one year or that is an account insured in full by an agency of the federal government; and (II) Money credited to a horse purse trust account from the source market fee in accordance with section 44-32-202 (3)(h)(II) shall be paid as authorized by the director as purses for races held at live race meets in Colorado or as otherwise authorized by rules of the commission. (g) Except as otherwise provided in subsection (4) of this section: (I) It is unlawful for any licensee to compute breaks in the pari-mutuel system in excess of ten cents; and (II) If, during any race meet conducted under this article 32, there are underpayments of the amount actually due to the wagerers, the amount of the excess of the underpayments over and above overpayments to wagerers, at the expiration of thirty days from the end of the meet, shall revert and belong to the state of Colorado and be paid to the department through the division and become a part of its funds, and it shall not be retained by the licensee under whose license the race meet was held. (h) (I) Fifty percent of the breakage at any horse race meet shall be retained by the licensee under whose license the horse race meet was held and the remainder shall be paid as purses for the races conducted at the race meet. (II) Repealed. (III) Except as otherwise provided in subsection (1)(h)(IV) or (4) of this section, the breakage on any simulcast race of horses received by an in-state simulcast facility shall be retained by the operator of the in-state simulcast facility. (IV) In the case of simulcast races of horses received from an in-state host track, fifty percent of the breakage shall be paid to the licensee of the in-state host track within sixty days after the end of the race meet from which the simulcast race was broadcast and the remainder shall be paid as purses for the races conducted at the in-state host track. (i) Repealed. (2) (a) In the event the federal government or any federal governmental agency imposes a levy on the licensee by a tax on the money so wagered and upon and against its receipts, the licensee may collect, in addition to the percentage and breaks allowed in this section, the amount of the tax so levied. (b) The tax and breaks and license fee provided for in this article 32 shall be in lieu of all other license fees and privilege taxes or charges by the state of Colorado or any county, city, town, or other municipality or taxing body for the privilege of conducting any race meet provided for in this article 32 and licensed by the authority of this article 32; except that any county, city, town, or other municipality or taxing body that imposed any fee, tax, or charge prior to July 1, 1982, on the money so wagered, or upon and against the licensee's receipts, or for the privilege of conducting any race meet provided for and licensed by authority of this article 32 shall have the authority to amend, repeal and reenact, or repeal any such fee, tax, or charge and impose a new or different fee or tax on the money so wagered, or upon and against the licensee's receipts, or for the privilege of conducting any race meet provided for and licensed by authority of this article 32, and no provision of this article 32 shall affect the authority of the county, city, town, or other municipality or taxing body with respect to such fees or taxes unless the provision specifically refers to this subsection (2)(b). Notwithstanding subsection (1) of this section, it is lawful for the licensee to take such fee or tax from the gross receipts on pari-mutuel wagering; and in such cases the licensee shall pay the fee or tax directly to the county, city, town, or other municipality or taxing body. y or taxing body with respect to such fees or taxes unless the provision specifically refers to this subsection (2)(b). Notwithstanding subsection (1) of this section, it is lawful for the licensee to take such fee or tax from the gross receipts on pari-mutuel wagering; and in such cases the licensee shall pay the fee or tax directly to the county, city, town, or other municipality or taxing body. (3) Unless expressly authorized by this article 32, no person may act for consideration as an agent or courier for another person for the purpose of placing wagers or cashing or redeeming winning pari-mutuel tickets. In addition to the remedies otherwise provided for violations of this article 32, the commission may petition any court of competent jurisdiction for an order enjoining a violation of this subsection (3). (4) Pursuant to a valid simulcasting agreement, an operator of an in-state simulcast facility that receives simulcast signals of horse races held in another state may: (a) Take the percentage of the gross receipts of any pari-mutuel wagering on the simulcast races as is allowable under the laws and rules of the other state; and (b) Adopt the procedures for computation and distribution of breakage as are allowable under the laws and rules of the other state.

C.R.S. § 44-32-703 Pari-mutuel pools for race meets and simulcast races

44-32-703. Pari-mutuel pools for race meets and simulcast races. (1) The pari-mutuel pool for a horse race meet and for simulcast races of the race meet shall be an intrastate common pool; except that, if the simulcast races are received by an out-of-state simulcast facility, the pari-mutuel pool may be an interstate common pool, and, in that case, it shall be operated by the in-state host track conducting the horse race meet. (2) An in-state simulcast facility receiving simulcast races from an out-of-state host track may participate either in a pari-mutuel pool into which only the pari-mutuel wagers on the simulcast races that are placed at the in-state simulcast facility are taken or in an interstate common pool. The commission shall permit an operator of an in-state simulcast facility participating in an interstate common pool to adopt the takeout percentage of the out-of-state host track for the interstate common pool.

C.R.S. § 44-32-704 Limitations on pari-mutuel wagering

44-32-704. Limitations on pari-mutuel wagering. (1) Wagers on pari-mutuel horse races conducted in or out of this state may be placed only upon the premises of a racetrack or an in-state simulcast facility licensed by the commission or the out-of-state racetrack or simulcast facility as authorized by the commission. No wagering or betting on the results of any of the races licensed under this article 32 shall be conducted outside a licensed or approved racetrack or simulcast facility. (2) (a) No person or agent or employee of any person shall place, receive, offer, or agree to place or receive a wager on a pari-mutuel horse race, conducted in or broadcast in this state, by messenger, telephone, telegraph, facsimile machine, or other electronic device; except that this subsection (2) shall not apply to associations or simulcast facilities licensed by the commission. Nothing in this section shall be construed to prohibit gambling as provided in section 18-10-102 (2)(d). (b) Any person who violates subsection (2)(a) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

C.R.S. § 44-32-705 Horse breeders' and owners' awards and supplemental purse fund - awards - advisory committee - rules

44-32-705. Horse breeders' and owners' awards and supplemental purse fund - awards - advisory committee - rules. (1) There is hereby created a fund, to be known as the horse breeders' and owners' awards and supplemental purse fund, referred to in this section as the "fund", that shall consist of money deposited thereto by the licensee for the racing of horses and by an operator of an in-state simulcast facility that receives simulcast races of horses for the purposes of this section, to be held in a trust account, which money shall be paid out to owners and breeders of Colorado-bred horses as provided in this section and by rules of the commission. The rules shall provide for an administrative fee to be paid to the Colorado horse breeder associations for registering and maintaining breeding records for the administration of the fund. The fees shall not exceed ten percent of the total money generated by the unclaimed pari-mutuel tickets and the money provided by section 44-32-701 (2)(b). (2) The money derived pursuant to section 44-32-701 (2)(b) shall be paid to a trust account for the fund on the fifteenth day of the calendar month immediately following the month in which the sum was received. In addition, the proceeds derived from all unclaimed pari-mutuel tickets for each horse race meet and for each simulcast race of horses received by an in-state simulcast facility shall be paid to a trust account for the fund after a period of one year following the end of the race meet. (3) After money from the fund has been distributed to the respective breeder associations, further distribution shall be governed by the bylaws of the associations. Nothing in this section shall be construed to prohibit the distribution of money from the fund to owners and breeders of Colorado-bred horses that are otherwise eligible under the bylaws of the associations and that run in races outside Colorado. (4) Notwithstanding section 24-30-204, the commission may establish by rule a period for distribution of money in the fund that is not consistent with the state's general fiscal-year period. (5) Any money credited to the fund and not distributed within three years shall be paid, as authorized by the commission, either: (a) As purses for races held at live race meets in Colorado; or (b) As fees required for participation in an interstate compact to which Colorado is a party pursuant to section 44-32-202 (4).

C.R.S. § 44-32-706 Payments to state - disposition

44-32-706. Payments to state - disposition. (1) (a) Except as otherwise provided in subsection (1)(b) of this section and in sections 44-32-701, 44-32-702 (1), and 44-32-705, all sums referred to in sections 44-32-701, 44-32-702 (1), and 44-32-705, including all sums collected for license fees and fines pursuant to the provisions of this article 32, shall be paid to the department through the division on the tenth business day of the month immediately following the month in which each performance took place, and the licensee shall make a return as required by rules of the commission. (b) In temporary or emergency situations, a licensed operator for the racing of animals, with the approval of and under the direction of the director or the director's designee, may provide for veterinary services as described in section 44-32-202 (3), at the licensed operator's expense, and the expense thus incurred may be deducted from the payment made to the department in accordance with subsection (1)(a) of this section; except that the amount deducted shall not exceed the amount set by the commission for those veterinary services. (2) All money collected by the department through the division shall, on the next business day following the receipt thereof, be transmitted to the state treasurer, who shall credit the same to the general fund of the state; except that license fees established and collected by the director pursuant to section 44-32-202 (3)(h) shall be credited to the racing cash fund created in section 44-32-205. The department shall have all the powers, rights, and duties provided in article 21 of title 39 to carry out the collection. (3) The general assembly shall annually appropriate from the racing cash fund created in section 44-32-205 the direct and indirect costs of administering this article 32. (4) Any person who fails to make a return or pay any tax required under this article 32 shall be liable for penalties and interest as follows: (a) A penalty of the greater of fifteen dollars for each failure to make a return and for each failure to pay a tax when due, or ten percent thereof plus one-half percent per month from the date when due, not exceeding eighteen percent, in the aggregate; and (b) Interest on any tax due, from the date due, at the rate specified in section 39-21-110.5.

C.R.S. § 44-32-707 Agreement of this state

44-32-707. Agreement of this state. In the event any county or municipality development revenue bonds are issued in reliance on the provisions of this article 32, the state of Colorado does hereby covenant and agree with the holders of any such bonds that the state will not limit or alter the rights or powers of the owners of the bonds or to repeal, amend, or otherwise directly or indirectly modify this article 32 or the effect thereof as to the assessments, fees, charges, pledged revenues, or any combination thereof in such a manner as to impair adversely any such outstanding bonds, until all such bonds have been paid and discharged in full or provision for their payment and redemption has been fully made. The covenant and agreement may be included in any agreement with the holders of the bonds.

C.R.S. § 44-32-801 Criminal and civil penalties

44-32-801. Criminal and civil penalties. (1) Except as provided in section 44-32-601, any person who commits any of the acts enumerated in section 44-32-507 (1), other than those that also constitute crimes under the "Colorado Criminal Code", title 18, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. (2) Any person who violates any rule of the commission promulgated under the authority granted in this article 32, other than those that also constitute crimes under the "Colorado Criminal Code", title 18, commits a civil infraction. (3) The penalties set forth in this section are cumulative and do not preclude the imposition of civil or administrative penalties, sanctions, actions against licenses or registrations, or any other penalties otherwise authorized.

C.R.S. § 44-32-802 Cancellation of license

44-32-802. Cancellation of license. In case of a willful violation of this article 32 by a person holding a license, the commission, upon conviction of the offender, may cancel the offender's license, and the cancellation shall operate as a forfeiture of all rights and privileges granted by the commission and of all sums of money paid to the department through the division by the offender, and the action of the commission in this respect shall be final.

C.R.S. § 44-32-803 Exclusion from licensed premises

44-32-803. Exclusion from licensed premises. The commission or the division may exclude from any and all licensed premises any person who has been convicted of a felony under the laws of this or any other state or of the United States, subject to the provisions of section 24-5-101. Any person so excluded by the commission or the division has a right to a hearing before the commission as to the basis of the exclusion, subject to the provisions of section 24-4-104. No such person shall enter or remain upon premises owned by any licensee conducting a race meet or operating a simulcast facility under the jurisdiction of the commission, and all such persons, upon discovery or recognition, shall be forthwith excluded or ejected from the premises. Any person so ejected or excluded from the premises of any licensee shall be denied admission to its premises and the premises of all other licensees of the commission until permission for entering has thereafter been obtained from the commission. The commission may also exclude any person from the licensed premises who willfully violates any of the provisions of this article 32 or any rule issued by the commission.

C.R.S. § 44-32-901 Repeal of article - review of functions

44-32-901. Repeal of article - review of functions. This article 32 is repealed, effective September 1, 2032. Before its repeal, the division and its functions are scheduled for review in accordance with section 24-34-104.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-44.docxFetched: 10/6/2026