Sec. 12.
(1) Each applicant for a thoroughbred, quarter horse, Appaloosa, American paint horse, or Arabian license in a county located outside of a city area shall apply to conduct at least 45 days of live thoroughbred, quarter horse, Appaloosa, American paint horse, or Arabian horse racing during its race meeting. Except during the opening and closing week of a race meeting, the applicant shall apply to conduct live racing at least 3 days per week, including Saturdays and Sundays, with not less than 9 live horse races programmed, and shall conduct live racing programs on such days allocated by the racing commissioner.
(2) Each applicant for a thoroughbred, quarter horse, Appaloosa, American paint horse, or Arabian race meeting license in a city area shall apply to conduct at least 160 days of live thoroughbred, quarter horse, Appaloosa, American paint horse, or Arabian horse racing during its proposed race meeting. Except during the opening and closing week of a race meeting, the applicant shall apply to conduct live racing at least 5 days per week, including Saturdays and Sundays, with not less than 9 live horse races programmed, and shall conduct live racing programs on such days allocated by the racing commissioner.
(3) Each applicant for a standardbred race meeting license in a county having a population of less than 250,000 and that is not part of a city area shall apply to conduct at least 75 days of live standardbred harness horse racing during its proposed race meeting. Except during the opening and closing week of a race meeting, the applicant shall apply to conduct live horse racing at least 4 days per week, including Saturdays, with not less than 9 live horse races programmed, and shall conduct live racing programs on such days awarded.
(4) Each applicant for a standardbred race meeting license in a county having a population greater than 250,000 but less than 750,000 and that is not part of a city area shall apply to conduct at least 100 days of live standardbred harness horse racing during its proposed race meeting. Except during the opening and closing week of a race meeting, the applicant shall apply to conduct live racing at least 4 days per week, including Saturdays, with not less than 9 live horse races programmed, and shall conduct live racing programs on such days awarded.
(5) Each applicant for a standardbred race meeting license in a city area shall apply to conduct during its race meeting no less than the following number of live racing days:
(a) The race meeting applicant with the highest pari-mutuel handle in the previous calendar year shall apply for no less than 140 days of live racing and the applicant shall apply to conduct live racing at least 5 days per week, including Saturdays, with not less than 9 live horse races programmed and shall conduct live racing programs on the days awarded.
(b) All other applicants shall apply for not less than an aggregate total of at least 120 days of live racing and the applicants shall apply to conduct live racing at least 5 days per week, including Saturdays, with not less than 9 live horse races programmed and shall conduct live racing programs on the days awarded.
(6) If a race meeting licensee is unable to program and conduct 9 live horse races on any racing date that the commissioner allocates to the licensee because there are less than 5 entries in any race, the licensee shall not conduct any simulcasting on that day without the written consent of the certified horsemen's organization with which it has a contract.
(7) If a race meeting licensee is unable to conduct racing on any live racing dates allocated to the licensee by the racing commissioner or less than 9 live horse races on any allocated live racing dates because of a labor dispute, fire, adverse weather conditions, or other causes beyond the race meeting licensee's control, then the race meeting licensee is considered to have conducted those races or race days for purposes of this act and is not precluded from conducting any simulcasts because of the licensee's inability to conduct those live races or race dates.
(8) Intertrack simulcast races that a race meeting licensee contracts to receive from other racetracks that are canceled for any of the reasons described in subsection (7) shall be considered to be offered to the public for purposes of this act.
(9) If an entire race meeting or the balance of a race meeting and racing dates allocated to a licensee cannot be raced due to an act of God or significant physical damage to the licensed racetrack at which the race meeting was licensed to be conducted caused by fire or some other catastrophe, the racing commissioner may transfer those dates to another race meeting licensee upon application of the substitute licensee if the substitute licensee satisfies the requirements for licensure under this act and demonstrates that it has or will have a legal or contractual right to the use of a different licensed racetrack facility on the racing dates in question, and all race meeting licensees that will be conducting live racing on such dates within 50 miles of the substitute racetrack consent to the transfer.
History: 1995, Act 279, Imd. Eff. Jan. 9, 1996 ;-- Am. 2000, Act 164, Imd. Eff. June 20, 2000
Last modified: October 10, 2016