Title 44, Revenue - Regulation of Activities

(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 rac…

As used in this article 32, unless the context otherwise requires: (1) Applicant means an individual applying for a license, permit, or registration or the renewal of a license, permit, or registration granted by the division pursuant to this article 32. (1.5) Breakage means the …

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 sect…

(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 i…

(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 sha…

(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 co…

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…

(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 a…

(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 …

(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) T…

(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 integri…

(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 m…

(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;…

(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…

(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 …

(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 proceeding…

(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 commi…

(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) T…

(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 su…

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…

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…

(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 inf…

(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 f…

(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…

(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) Notwithst…

(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…

(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 …

(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 wagerin…

(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 pro…

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 th…

(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 sec…

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 al…

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 o…

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: L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 320, � 2, effective October …