Title 36A, Housing; Lottery and Games; Environment

As used in this chapter, unless the context otherwise requires: (1) “Breaks” means the odd cents remaining after the payoff prices have been computed in accordance with ORS 462.140 (3). (2) “Calendar year” means a 12-month year, January 1 through December 31. (3) “Commission” mea…

(1) A person may not hold a race meet without having first obtained and having in full force and effect a license therefor issued by the Oregon Racing Commission. (2) A trainer, driver, jockey, apprentice jockey, horse owner, dog owner, exercise person, agent, authorized agent, j…

No licensee who accepts an engagement or employment or undertakes activities in preparation for or in connection with a race meet shall voluntarily terminate or discontinue the engagement, employment or activities of the licensee or otherwise refuse to cooperate or participate, u…

No person is eligible to operate a race meet with a license issued under this chapter unless the person is the owner or controls the possession of a properly constructed race track suitable for the class of races which are proposed to be conducted at such race track and improved …

(1) Race meet licenses granted by the Oregon Racing Commission shall be limited to: (a) Licenses for horse and mule race meets (Class A). (b) Licenses for greyhound race meets (Class B). (2)(a) Except as the commission otherwise may provide by rule, no licensee shall be granted l…

(1) Every person making application for a license to hold a race meet shall file the application with the Oregon Racing Commission. The application shall set forth the time, place and number of days the applicant desires the meet to continue, together with the applicant’s estimat…

(1) The Oregon Racing Commission may require of every applicant for a license to hold a race meet, except the Oregon State Fair and all county fairs, that has not, within five fiscal years prior to making an application for a license to hold a race meet, operated a race meet in t…

(1) A race meet licensee designated in subsection (2) of this section shall make payments as follows: (a) License fee – $25 per fiscal year payable to the Oregon Racing Commission. (b) A percentage of gross mutuel wagering shall be paid to the commission as follows: (A) If the ra…

(1) All licensees of race meets for horses, except those subject to ORS 462.057, shall make payments as follows: (a) A license fee of $100 per racing day to the Oregon Racing Commission. (b) One percent of gross mutuel wagering to the commission. (c) A percentage of gross mutuel …

(1) The Oregon Racing Commission may require any horsemen’s association, that receives payments pursuant to ORS 462.057 and 462.062, to submit a bond or an irrevocable letter of credit submitted by an insured institution as defined in ORS 706.008 in an amount not to exceed the su…

All licensees of race meets except those subject to ORS 462.057 and 462.062 shall make payments as follows: (1) License fee – $100 per racing day, payable to the Oregon Racing Commission. (2) Percentage of gross mutuel wagering payable to the commission – 1.6 percent. (3) Percent…

(1) A licensee that conducts mutuel wagering pursuant to ORS 462.155 at the licensee’s race course on horse races previously held shall make annual payments as follows: (a) $200,000, as modified by subsection (2) of this section, to the Oregon Racing Commission. (b) $20,000, as m…

(1) The Oregon Racing Commission may adopt rules establishing license fees for persons described in ORS 462.020 (2), not to exceed $150 per year. Prior to adopting a rule that establishes a fee for a license, the commission shall review the fees charged for similar licenses in ot…

(1) As used in this section, “cash voucher” means a receipt showing the amount paid into a wagering system prior to placing a wager. (2) Every licensee who conducts a race meet for horses shall carry on the books for each race meet an account to be known as the Cash Vouchers Acco…

(1) Every licensee who conducts a race meet shall carry on the books for each race meet an account to be known as the Unclaimed Winnings Account showing the total amount due on outstanding winning mutuel wagering tickets and refund tickets not presented for payment. All funds in …

(1) The Oregon Racing Commission may refuse to issue to or renew the license of any applicant if it has reasonable ground to believe that the applicant: (a) Has been suspended or ruled off a recognized course in another jurisdiction by the racing board or commission thereof. (b) …

(1) The Oregon Racing Commission may exclude from any and all race courses any person whom the commission deems detrimental to the best interest of racing or any person who willfully violates any provision of this chapter or any rule or order issued by the commission or any perso…

(1) The Oregon Racing Commission may revoke, suspend or refuse to renew the license of any licensee upon any of the grounds upon which the commission could refuse to issue a license, as provided in ORS 462.075, or of any licensee who has been convicted by the commission of a viol…

(1) The State of Oregon hereby preempts the imposition of taxes on or measured by income on, and the regulation of, race meets. (2) Except for taxes levied under ORS 267.010 to 267.394, the license fee and tax provided in this chapter for a race meet licensed thereunder shall be …

(1) For the protection of the public, and all members thereof, the exhibitors and visitors, every race meet licensee shall carry public liability insurance written on an approved form by a company licensed to do business in Oregon and in an amount approved by the Oregon Racing Co…

(1) The Oregon Racing Commission shall determine the number and classes of race meets to be held in any fiscal year, and the total number of racing dates to be granted to a licensee subject to provisions of ORS 462.062 and 462.067. Not more than 350 days of racing, exclusive of r…

Notwithstanding any other provision of this chapter: (1) The Oregon Quarter Horse Racing Association, Incorporated, and the Oregon Division Horsemen’s Benevolent and Protective Association, may each be granted up to 15 days of racing per fiscal year at locations approved by the O…

For the purpose of encouraging the breeding and enhancing the quality, within the state, of thoroughbred race horses, at least one race of each day’s meet shall consist exclusively of Oregon bred thoroughbred horses. [Amended by 1981 c.544 §11]

For the purpose of encouraging greyhound breeding within the state and enhancing the quality of Oregon bred greyhounds, all licensees of race meets for greyhounds shall conduct at least one race consisting exclusively of Oregon bred greyhounds at each live racing performance. If …

(1) A person may not conduct or commit, attempt or conspire to conduct or commit pool selling, bookmaking, or circulate handbooks, or bet or wager on any licensed race meet, other than by the mutuel method. All moneys wagered in Oregon must be accounted for through a computerized…

(1) In addition to mutuel wagering otherwise authorized by this chapter, account wagering may be conducted upon such conditions as the Oregon Racing Commission determines appropriate. The commission may authorize only a race meet licensee who is the holder of a license issued und…

Notwithstanding ORS 167.108 to 167.164, a race meet licensee, with the prior approval of the Oregon Racing Commission, may conduct handicapping contests for race meet patrons. Such contests may include, but are not limited to, competitions for prizes for the highest percentage of…

(1) The mutuel pool for a live horse race or a previously held horse race may: (a) In addition to any amounts authorized under ORS 462.720, include amounts carried forward from the mutuel pool of one or more previous races that were subject to mutuel wagering; and (b) Be carried …

(1) If during any race meet conducted under this chapter, there is an underpayment of the amount actually due to any wagerer, the amount of such underpayment shall revert and belong to the state and be paid to the Oregon Racing Commission and become a part of its fund and shall n…

(1) The Oregon Racing Commission may allow a race meet operator that holds a Class A license to conduct mutuel wagering at the licensee’s race course on horse races previously held if: (a) The races were actual events held at race courses during race meets; (b) The races were sub…

(1) As used in this section, “historical animal racing” means animal races that were previously held. (2) A mutuel wager on historical animal racing may be placed only from a physical race course of a licensee. (3) A mutuel wager on historical animal racing may not be placed usin…

Every race meet held in this state contrary to this chapter is declared to be a public nuisance and may be summarily abated. [Amended by 1969 c.356 §21]

The rules of the Oregon Racing Commission shall apply to all race meets held by county fair associations and shall be enforced by the officers of each association as to race meets held on its grounds. [Amended by 1955 c.468 §2; 1957 c.313 §10; 1969 c.356 §22]

(1) The Oregon Racing Commission may require as a condition for the issuance of a license to an animal owner or trainer that the owner or trainer establish to the satisfaction of the commission that the owner or trainer: (a) Is contributing to the State Industrial Accident Fund a…

(1) No person under 18 years of age shall enter upon a race course at any time where races are being conducted in which wagering is permitted, except: (a) When accompanied by a person 18 years of age or older who is the person’s parent, guardian or spouse; or (b) When persons 14 …

(1) A licensee conducting a race meet, before selling a mutuel wagering ticket or receipt to any person about whom there is any reasonable doubt of the person having reached the age of 18 years, shall require such person to make a written statement of age and furnish evidence of …

(1) The Oregon Racing Commission by rule may require that chemical analysis be made of the urine, saliva, blood or other body substances of animals participating in race meets or persons required to obtain a license pursuant to this chapter. The cost of such a test shall be paid …

(1) There is created the Oregon Racing Commission to consist of five commissioners who shall be citizens, residents and electors of this state. (2) Upon the expiration of the term of any member the Governor shall appoint a successor for a term of four calendar years and until the…

The members of the Oregon Racing Commission are entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1969 c.314 §49]

(1) Vacancies in the office of commissioner shall be filled by appointment to be made by the Governor for the unexpired term. (2) Any commissioner may be removed by the Governor for cause after a public hearing. Notice of the hearing shall fix the time and place for the hearing a…

Each member of the Oregon Racing Commission shall take and subscribe to an oath of office of the same form as that prescribed by law for the elective state offices. [Amended by 1969 c.356 §24; 1987 c.413 §17; 1997 c.865 §10]

(1) The Oregon Racing Commission shall organize by electing one of its members chairperson and one vice chairperson. (2) The commission shall appoint an executive director, who may be a member of the commission or an employee of the commission in another capacity, a chief state s…

(1) All money payable to the Oregon Racing Commission shall be deposited in the General Fund in the State Treasury to the credit of the Oregon Racing Commission Account. This account is appropriated continuously to the commission for the purposes authorized by law. (2) The commis…

(1) The Oregon Racing Commission is subject to the provisions of ORS 291.201 to 291.222, including but not limited to the provisions of those sections relating to changes and revisions by the Governor in agency request budgets. (2) The commission and its officers and employees ar…

(1) The Oregon Racing Commission shall license, regulate and supervise all race meets held in this state and cause the various places where race meets are to be held to be visited and inspected at least once each fiscal year. (2) The commission shall be the sole judge of whether …

(1) In administering the provisions of this chapter, any member of the Oregon Racing Commission, or an agent authorized by the commission, has power on behalf of the commission to: (a) Issue subpoenas for the attendance of witnesses and the production of books, records and docume…

(1) No member, employee or appointee of the Oregon Racing Commission, or the immediate family member of such a person, may: (a) Own or have any other financial interest in any animal participating in any race meet in Oregon. (b) Own or have any other financial interest in any rac…

The Oregon Racing Commission may: (1) Cooperate with the racing commissions or boards of other jurisdictions and with racing organizations in enforcing laws regulating racing, in exchanging information relating to racing, in studying and detecting drugs and in carrying out progra…

Enforcement agents, designated as such by the Oregon Racing Commission, shall have the authority to serve and execute warrants of arrest and search warrants in the manner provided by law. [1957 c.313 §14; 1987 c.413 §11]

(1) On or before February 1 of each year, the Oregon Racing Commission shall provide a report to the Legislative Assembly in the form required under ORS 192.245 on greyhound race wagers made in Oregon. (2) The report must include: (a) The amount wagered on greyhound races in Oreg…