CHAPTER 226*
DIVISION OF SPECIAL REVENUE AND GAMING POLICY BOARD

      Secs. 12-557 and 12-557a. Establishment of commission; appointment; chairman; salary. Commission to be within Department of Revenue Services for administrative purposes only. Sections 12-557 and 12-557a are repealed.

      (1971, P.A. 865, S. 1; P.A. 77-614, S. 148, 610; P.A. 79-404, S. 44, 45.)

      Sec. 12-557b. Definitions. As used in this chapter, and in sections 12-579, 12-580, and in chapter 226b, unless the context otherwise requires:

      (a) "Board" means the Gaming Policy Board established under section 12-557d;

      (b) "Executive director" means the executive director of the Division of Special Revenue within the Department of Revenue Services;

      (c) "Division" means the Division of Special Revenue within the Department of Revenue Services;

      (d) "Business organization" means a partnership, incorporated or unincorporated association, firm, corporation, trust or other form of business or legal entity, other than a financial institution regulated by a state or federal agency which is not exercising control over an association licensee; and

      (e) "Control" means the power to exercise authority over or direct the management and policies of a person or business organization.

      (P.A. 79-404, S. 5, 45; P.A. 80-133, S. 1, 10; 80-482, S. 342, 348.)

      History: P.A. 80-133 defined "business organization" and "control" in new Subdivs. (d) and (e); P.A. 80-482 substituted department of revenue services for department of business regulation.

      Sec. 12-557c. Division of Special Revenue established. Executive director; appointment, exempt from classified service, restrictions on political activity. Deputy executive director and executive assistant. (a) There shall be a Division of Special Revenue within the Department of Revenue Services for administrative purposes only. The Division of Special Revenue shall, in cooperation with the Gaming Policy Board, implement and administer the provisions of this chapter and chapter 226b under the supervision of an executive director.

      (b) The Division of Special Revenue shall be under the direction and control of an executive director who shall be responsible for the operation of his division. The executive director shall be appointed by the Governor, with the approval of the General Assembly, and shall be qualified and experienced in the functions performed by the Division of Special Revenue. The executive director may appoint a deputy and an executive assistant for the efficient conduct of the business of the division. The deputy executive director shall, in the absence or disqualification of the executive director or on his death, exercise the powers and duties of the executive director until he resumes his duties or the vacancy is filled. The deputy executive director and the executive assistant shall serve at the pleasure of the executive director. The executive director and the deputy executive director shall not participate actively in political management and campaigns. Such activity includes holding office in a political party, political organization or political club, campaigning for a candidate in a partisan election by making speeches, writing on behalf of a candidate, soliciting votes in support of or in opposition to a candidate and making contributions of time and money to political parties.

      (c) Whenever the term "Commission on Special Revenue" occurs or is referred to in the public acts of the 1979 session of the General Assembly it shall be deemed to refer to the Division of Special Revenue within the Department of Business Regulation.

      (P.A. 79-404, S. 6, 45; P.A. 80-482, S. 343, 348; P.A. 83-435, S. 1, 3.)

      History: P.A. 80-482 substituted department of revenue services for department of business regulation and moved provisions re appointment of executive director from Subsec. (a) to Subsec. (b), deleting provision exempting executive director from classified service; P.A. 83-435 amended Subsec. (b), authorizing the executive director to appoint a deputy and an executive assistant and providing that such deputy shall not participate in political management and campaigns.

      See Sec. 4-38f for definition of "administrative purposes only".

      Cited. 193 C. 379.

      Cited. 35 CA 333.

      Sec. 12-557d. Gaming Policy Board established; membership. (a) There shall be a Gaming Policy Board within the Department of Revenue Services for administrative purposes only. Said board shall consist of five members appointed by the Governor with the advice and consent of both houses of the General Assembly. Not more than three members of said board in office at any one time shall be members of the same political party. On or before July 1, 1979, the Governor shall nominate three members who shall serve until July 1, 1981, and two members who shall serve until July 1, 1983. The General Assembly shall confirm or reject such nominations in the manner prescribed by section 4-7 before adjournment sine die of the 1979 regular session, except that if the nominations cannot be acted on by both houses of the General Assembly during said regular session, the General Assembly shall confirm or reject the nominations at a special session which shall be called, notwithstanding sections 2-6 and 2-7, immediately following adjournment sine die of the 1979 session reconvened in accordance with article third of the amendments to the Constitution of Connecticut, except that if no session is held pursuant to said article, the General Assembly shall meet in special session, notwithstanding sections 2-6 and 2-7, not later than August 1, 1979, to confirm or reject such nominations. Any special session called pursuant to this section shall be held for the sole purpose of confirming or rejecting the initial nominations made by the Governor to the board. Thereafter members shall serve for a term of four years and the procedure prescribed by section 4-7 shall apply to such appointments, except that the Governor shall submit such nominations on or before May first, and both houses shall confirm or reject the nominations before adjournment sine die. Members shall receive fifty dollars per day for each day they are engaged in the business of the board and shall be reimbursed for necessary expenses incurred in the performance of their duties. The executive director shall serve on the board ex officio without voting rights.

      (b) To insure the highest standard of legalized gambling regulation at least four of the board members shall have training or experience in at least one of the following fields: Corporate finance, economics, law, accounting, law enforcement, computer science or the pari-mutuel industry. At least two of these fields shall be represented on the board at any one time.

      (c) No board member shall accept any form of employment by a business organization regulated under this chapter for a period of two years following the termination of his service as a board member.

      (d) No board member shall engage in any oral ex parte communications with any representative, agent, officer or employee of any business organization regulated under this chapter concerning any matter pending or impending before the board.

      (e) The members of the board shall not participate actively in political management and campaigns. Such activity includes holding office in a political party, political organization or political club, campaigning for a candidate in a partisan election by making speeches, writing on behalf of a candidate, soliciting votes in support of or in opposition to a candidate and making contributions of time and money to political parties.

      (P.A. 79-404, S. 7, 45; P.A. 80-482, S. 344, 348; P.A. 84-546, S. 34, 173.)

      History: P.A. 80-482 substituted department of revenue services for department of business regulation; P.A. 84-546 made technical changes in Subsec. (a), substituting "article third of the amendments to the constitution" for "section two of article third of the constitution".

      See Sec. 4-38f for definition of "administrative purposes only".

      Sec. 12-557e. Gaming Policy Board; powers and duties. The Gaming Policy Board shall work in cooperation with the Division of Special Revenue to implement and administer the provisions of this chapter, chapters 226b and 229a and sections 7-169 to 7-186, inclusive. In carrying out its duties the board shall be responsible for: (1) Approving, suspending or revoking licenses issued under subsection (a) of section 12-574; (2) approving contracts for facilities, goods, components or services necessary to carry out the provisions of section 12-572; (3) setting racing and jai alai meeting dates, except that the board may delegate to the executive director the authority for setting make-up performance dates within the period of a meeting set by the board; (4) imposing fines on licensees under subsection (j) of section 12-574; (5) approving the types of pari-mutuel betting to be permitted; (6) advising the executive director concerning the conduct of off-track betting facilities; (7) assisting the executive director in developing regulations to carry out the provisions of this chapter, chapters 226b and 229a and sections 7-169 to 7-186, inclusive, and approving such regulations prior to their adoption; (8) hearing all appeals taken under subsection (k) of section 7-169, subsection (h) of section 7-169h, subsection (c) of section 7-181, subsection (j) of section 12-574 and section 12-815a; and (9) advising the Governor on state-wide plans and goals for legalized gambling.

      (P.A. 79-404, S. 8, 45; P.A. 80-133, S. 2, 10; P.A. 85-11, S. 1, 2; P.A. 96-212, S. 24, 32; P.A. 97-277, S. 7, 13; P.A. 04-256, S. 4; June Sp. Sess. P.A. 05-3, S. 39.)

      History: P.A. 80-133 changed references to Subsecs. in Sec. 12-574, Substituting "(a)" for "(b)" and "(j)" for "(d)" and "(e)"; P.A. 85-11 amended Subdiv. (3), permitting the board to delegate to the executive director the authority for setting make-up performance dates; P.A. 96-212 deleted reference to Sec. 12-568 in Subdiv. (2), repealed elsewhere in the act, and to the conduct of state lotteries in Subdiv. (6), effective July 1, 1996; P.A. 97-277 made technical changes in Subdiv. (7) and inserted reference to new Sec. 12-802b in Subdiv. (8), effective June 26, 1997; P.A. 04-256 required board to implement and administer provisions of chapter 229a and Secs. 7-169 to 7-186, inclusive, and assist executive director in developing regulations to carry out provisions of said chapter and sections and made technical changes, effective July 1, 2004; June Sp. Sess. P.A. 05-3 replaced reference to Sec. 12-802b with reference to Sec. 12-815a in Subdiv. (8), effective June 30, 2005.

      Cited. 224 C. 693.

      Sec. 12-558. Oath. Bond. Action by board. Before entering upon the discharge of the duties of his office, each member of the board shall take oath that he will well and faithfully execute the duties of his office according to the laws of the state, and shall give bond to the state, with sufficient surety to be approved by the Governor, in the sum of twenty-five thousand dollars conditioned that he will well and faithfully execute and perform the duties of his office according to the Constitution and laws of this state. Every such bond, when fully executed and approved, shall be filed in the office of the Secretary of the State. The Governor shall at all times, when in his opinion the bond of any member of the board has become or is likely to become invalid or insufficient, require such member forthwith to renew such bond to be approved by the Governor in the sum prescribed in this section. The cost of any such bond given by any member of the board under this section shall be part of the necessary expenses of the board. The powers of the board are vested in the members thereof. All actions shall be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of at least four members. Four members of the board shall constitute a quorum, or in instance of vacancy, a majority of the members remaining qualified.

      (1971, P.A. 865, S. 2; 1972, P.A. 187, S. 1; P.A. 79-404, S. 9, 45.)

      History: 1972 act added provisions re subcommittees of commission; P.A. 79-404 substituted "board" for "commission", reflecting change from "commission on special revenue" to "gaming policy board".

      Sec. 12-559. Personnel, classified and unclassified; criminal history records checks, residence requirements. Notwithstanding the provisions of section 4-8, the executive director shall, with the advice and consent of the board, appoint unit heads for each of the units created within the division, who shall be exempt from classified service. Each unit head shall be qualified and experienced in the functions to be performed by such unit head. The executive director may employ division stewards for thoroughbred racing, division judges for harness racing, greyhound racing and jai alai, and division veterinarians who shall be exempt from classified service, and may employ, subject to the provisions of chapter 67, such clerks, stenographers, inspectors, agents and other employees, as may be necessary to carry out the provisions of this chapter. The executive director shall require such persons to submit to state and national criminal history records checks before being employed. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a. All persons employed pursuant to this section, with the exception of any steward, judge or veterinarian, shall be residents of the state at the time of and during the full term of their employment.

      (1971, P.A. 865, S. 3; P.A. 73-652, S. 1, 2; P.A. 75-172, S. 1, 2; P.A. 79-404, S. 10, 45; P.A. 01-175, S. 3, 32.)

      History: P.A. 73-652 made appointment of clerks, stenographers, inspectors, agents etc. subject to the provisions of chapter 67 but exempted others from classified service, increased personnel to include assistant directors, assistants to executive secretary and chiefs of thoroughbred racing, harness racing, greyhound racing and jai alai, required fingerprinting of all personnel and exempted stewards, judges and veterinarians from residency requirement; P.A. 75-172 included stewards, judges and veterinarians in employment provision and exempted them from classified service; P.A. 79-404 gave power to employ personnel to executive director with advice and consent of gaming policy board, substituted references to division of special revenue for references to commission on special revenue where appropriate, replaced references to divisions with "units" to avoid confusion with division of special revenue and deleted provisions re powers of executive secretary; P.A. 01-175 made technical changes for the purposes of gender neutrality and replaced provisions re fingerprinting with provisions re criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001.

      Cited. 224 C. 693.

      Sec. 12-560. Bonding of employees. The executive director may, if he determines that it is necessary, require any of the division's employees to give bond in such amount as said executive director may determine. Every such bond when duly executed and approved shall be filed in the office of the Secretary of the State. The cost of any such bond so given as aforesaid shall be part of the necessary expenses of the division.

      (1971, P.A. 865, S. 4; P.A. 79-404, S. 11, 45.)

      History: P.A. 79-404 substituted "executive director" and "division" for "commission" where appropriate.

      Sec. 12-561. Conflict of interest. No executive director or unit head or employee of the division or member or employee of the Gaming Policy Board shall directly or indirectly, individually or as a member of a partnership or as a shareholder of a corporation, have any interest whatsoever in dealing in any lottery, racing, fronton or betting enterprise or in the ownership or leasing of any property or premises used by or for any lottery, racing, fronton or betting enterprise. No executive director, unit head or member of the Gaming Policy Board shall, directly or indirectly, wager at any off-track betting facility, race track or fronton authorized under this chapter or purchase lottery tickets issued under this chapter. No employee of the division or the board shall, directly or indirectly, purchase lottery tickets issued under this chapter. The executive director may, by regulation adopted with the advice and consent of the board, prohibit any employee of the division from engaging, directly or indirectly, in any other form of legalized gambling activity in which such employee is involved because of his employment with the division.

      (1971, P.A. 865, S. 5; 1972, P.A. 187, S. 2; P.A. 79-404, S. 12, 45; P.A. 80-27.)

      History: 1972 act included references to frontons; P.A. 79-404 substituted "executive director or unit head" for "commissioner" and "division" for "commission", included gaming policy board members in prohibition against having interest in enterprise regulated by division and added prohibition against wagering or purchasing lottery tickets; P.A. 80-27 included employees of board in prohibition against having interest in regulated enterprises and added provision for prohibition against participation in any other form of legalized gambling.

      Sec. 12-562. Enforcement. Regulations. (a) Except as provided in subsection (b) of this section, the executive director shall have power to enforce the provisions of this chapter and chapter 226b, and with the advice and consent of the board, shall adopt all necessary regulations for that purpose and for carrying out, enforcing and preventing violation of any of the provisions of this chapter, for the inspection of licensed premises or enterprises, for insuring proper, safe and orderly conduct of licensed premises or enterprises and for protecting the public against fraud or overcharge. The executive director shall have power generally to do whatever is reasonably necessary for the carrying out of the intent of this chapter; and may call upon other administrative departments of the state government and of municipal governments for such information and assistance as he deems necessary to the performance of his duties.

      (b) The special policemen in the Division of Special Revenue and the legalized gambling investigative unit in the Division of State Police within the Department of Public Safety shall be responsible for the criminal enforcement of the provisions of this chapter and chapter 226b. They shall have the powers and duties specified in section 29-7c.

      (1971, P.A. 865, S. 6; P.A. 77-543, S. 3, 7; P.A. 79-404, S. 13, 45; P.A. 86-419, S. 24.)

      History: P.A. 77-573 added enforcement powers in chapter 226b; P.A. 79-404 gave executive director powers formerly held by commission on special revenue and required advice and consent of gaming policy board for regulations; P.A. 86-419 divided the section into Subsecs., adding Subsec. (b), requiring the special policemen in the division of special revenue and legalized gambling investigative unit to be responsible for criminal enforcement of chapters 226 and 226b and amended Subsec. (a) for consistency with Subsec. (b).

      Cited. 224 C. 693. Regulations construed: a winner is determined at the time of lottery drawing and the forty-five per cent distribution requirement applies to categories of games in general over time, and not to each lottery drawing. 245 C. 601.

      Sec. 12-563. Printing of regulations. All regulations of the division shall be adopted in the manner provided in chapter 54. The executive director shall, at least annually, on or before December thirty-first of each year, publish in convenient pamphlet form all regulations then in force and shall furnish copies of such pamphlets to every establishment authorized to engage in the activities authorized under section 12-567 and to such other persons as desire such pamphlets.

      (1971, P.A. 865, S. 7; 1972, P.A. 294, S. 12; P.A. 75-357, S. 1, 2; P.A. 79-404, S. 14, 45; P.A. 96-212, S. 25, 32.)

      History: 1972 act substituted Secs. 4-168 to 4-176 for reference to repealed Secs. 4-41 to 4-50; P.A. 75-357 deleted requirement that regulations be made public by publication in two or more newspapers with substantial circulation, effective June 12, 1975, and applicable to regulations issued on or after January 1, 1975; P.A. 79-404 substituted "division" and "executive director" for "commission" and "chapter 54" for "sections 4-166 to 4-174, inclusive"; P.A. 96-212 deleted reference to agents licensed under Sec. 12-569, effective July 1, 1996.

      Sec. 12-563a. Informational materials re programs for prevention, treatment and rehabilitation of chronic gamblers. The executive director of the Division of Special Revenue shall, within available resources, prepare and distribute informational materials designed to inform the public of the programs available for the prevention, treatment and rehabilitation of compulsive gamblers in this state. The executive director shall require any person or business organization which is licensed to sell lottery tickets, operate an off-track betting system or conduct wagering on racing events or jai alai games, to display such informational materials at each licensed premise.

      (P.A. 96-212, S. 19(a), 32.)

      History: P.A. 96-212 effective July 1, 1996 (Revisors' note: Subsec. (a) of section 19 of the act concerning duties of Division of Special Revenue was codified as Sec. 12-563a, while Subsec. (b) concerning duties of Connecticut Lottery Corporation was codified separately as Sec. 12-818).

      See Sec. 12-818 re Connecticut Lottery Corporation funding mechanism for educational, prevention and treatment programs for chronic gamblers.

      See Sec. 17a-713 re chronic gamblers program operated by Department of Mental Health and Addiction Services.

      Sec. 12-564. Annual reports. Studies. (a) The executive director shall make an annual report in writing to the Governor as provided in section 4-60 and shall make such additional reports as the Governor may from time to time reasonably request. The annual report shall include a statement of the receipts and disbursements of the division, a statement of the costs of administering the division, a summary of its activities, and any additional information and recommendations which the executive director may deem of value or which the Governor may request.

      (b) The executive director shall, with the advice and consent of the board, conduct studies concerning the effect of legalized gambling on the citizens of this state including, but not limited to, studies to determine the types of gambling activity engaged in by the public and the desirability of expanding, maintaining or reducing the amount of legalized gambling permitted in this state. Such studies shall be conducted as often as the executive director deems necessary, except that no studies shall be conducted before the fiscal year ending June 30, 2009, and thereafter studies shall be conducted at least once every ten years. The joint standing committees of the General Assembly having cognizance of matters relating to legalized gambling shall each receive a report concerning each study carried out, stating the findings of the study and the costs of conducting the study.

      (1971, P.A. 865, S. 8; P.A. 79-404, S. 15, 45; P.A. 82-294, S. 1; P.A. 96-212, S. 26, 32; June Sp. Sess. P.A. 01-9, S. 34, 131; June 30 Sp. Sess. P.A. 03-6, S. 173; June Sp. Sess. P.A. 05-3, S. 4.)

      History: P.A. 79-404 substituted "executive director" and "division" for "commission" where appropriate, specified that report include administration costs and advertising costs and added Subsec. (b) re conduct of studies of legalized gambling; P.A. 82-294 amended Subsec. (b) to increase from two to five years the maximum time period between studies on the effects of legalized gambling; P.A. 96-212 amended Subsec. (a) to delete reference to advertising budget, effective July 1, 1996; June Sp. Sess. P.A. 01-9 amended Subsec. (b) to require the executive director to conduct a study at least every seven years, rather than every five years, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) by making a technical change and providing for a study to be conducted at least every ten years, rather than every seven years, effective August 20, 2003; June Sp. Sess. P.A. 05-3 amended Subsec. (b) to provide that no studies shall be conducted before the fiscal year ending June 30, 2009, and thereafter studies shall be conducted at least once every ten years, effective July 1, 2005.

      Sec. 12-564a. Monthly report re investigations and arrest data. The executive director of the Division of Special Revenue shall submit a report to the Commissioner of Public Safety and the joint standing committee of the General Assembly having cognizance of matters relating to legalized gambling, not later than the fifteenth business day of each month, which report shall set forth a detailed statement of (1) any investigations conducted by the Division of Special Revenue in the previous month, and (2) such arrest data as the commissioner or committee may require, including, but not limited to, the number of arrests made by the special policemen in the security unit of the Division of Special Revenue.

      (P.A. 84-457, S. 2, 3; Jan. 6 Sp. Sess. P.A. 03-1, S. 5.)

      History: Jan. 6 Sp. Sess. P.A. 03-1 deleted reference to games of chance and made a technical change, effective January 7, 2003.

      See Sec. 29-18c re appointment of special policemen for Division of Special Revenue.

      Sec. 12-565. Power to administer oaths and take testimony. Subpoena. The executive director or the board may conduct any inquiry, investigation or hearing necessary to carry out the provisions of this chapter. The executive director or any board member shall have power to administer oaths and take testimony under oath concerning the matter of inquiry or investigation. At any hearing ordered, the executive director, the board or an agent authorized by law to issue such process may subpoena witnesses and require the production of records, papers and documents pertinent to such inquiry. No witness under subpoena issued under the provisions of this section shall be excused from testifying or from producing records, papers or documents on the ground that such testimony or the production of such records or other documentary evidence would tend to incriminate him, but such evidence or the records or papers so produced shall not be used in any criminal proceeding against him. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to him or to produce any records and papers pursuant thereto, the executive director or board may apply to the superior court for the judicial district of Hartford or for the judicial district wherein the person resides or wherein the business has been conducted, or to any judge of said court if the same is not in session, setting forth such disobedience to process or refusal to answer. Said court or such judge shall cite such person to appear before said court or such judge to answer such question or to produce such records and papers and, upon his refusal to do so, shall commit such person to a community correctional center until he testifies, but not for a longer period than sixty days. Notwithstanding the serving of the term of such commitment by any person, the executive director or board may proceed with such inquiry and examination as if the witness had not previously been called upon to testify. Officers who serve subpoenas issued by the executive director or the board or under his or its authority and witnesses attending hearings conducted hereunder shall receive the same fees and compensation as officers and witnesses in the courts of this state to be paid on vouchers of the division on order of the Comptroller. The executive director may delegate the powers granted to him under this section to each or any one of the unit heads appointed by him in accordance with section 12-559, to any assistant unit head or the deputy or executive assistant to the executive director.

      (1971, P.A. 865, S. 9; 1972, P.A. 187, S. 3; June, 1972, P.A. 1, S. 5; P.A. 78-280, S. 2, 6, 127; P.A. 79-404, S. 16, 45; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-325; P.A. 95-220, S. 4-6.)

      History: 1972 acts substituted "subcommittee" for "agent", "or" for "and" and "community correctional center" for "jail"; P.A. 78-280 substituted judicial districts for counties and the judicial district of Hartford-New Britain for Hartford county; P.A. 79-404 gave powers and duties formerly held by commission to executive director and gaming policy board or its members and allowed executive director to delegate powers to unit heads; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-325 permitted executive director to delegate to any assistant unit head or the deputy or executive assistant to executive director the power to conduct inquiries, investigations or hearings; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Statute adequately protects witness against the use of his testimony by federal prosecutors, but is unconstitutional because it violates witness' right against self-incrimination by failing to prohibit the use against the immunized witness of evidence derived from his compelled testimony. 35 CS 105.

      Sec. 12-566. Record of proceedings to be public. The executive director and the board shall provide books in which shall be kept a true, faithful and correct record of all of their proceedings, which books shall be open to the public as provided in section 1-210.

      (1971, P.A. 865, S. 10; P.A. 79-404, S. 17, 45; P.A. 87-562, S. 1, 2; P.A. 96-212, S. 27, 32.)

      History: P.A. 79-404 substituted executive director and board for commission; P.A. 87-562 added Subsec. (b) providing that unannounced new lottery games and the procedures therefor and serial numbers of unclaimed tickets shall not be available to the public; P.A. 96-212 deleted Subsec. (b) re lottery games and procedures, effective July 1, 1996.

      Sec. 12-567. Organizational units. Notwithstanding the provisions of section 4-8 the executive director, with the advice and consent of the board, shall establish within the division such organizational units as he deems necessary for the effective operation of the division. Such units shall be responsible for the following functions: Division administration, licensing and integrity assurance, planning and research, gambling regulation, and state off-track betting and state lottery regulation. Each unit shall be under the direction of a unit head who shall administer and coordinate the operation of his respective unit. The division shall maintain full and complete records of the operation of each unit which shall be open to the public as provided in section 1-210. The executive director shall establish procedures for record keeping.

      (1971, P.A. 865, S. 11; 1972, P.A. 187, S. 4; P.A. 74-39, S. 1, 2; P.A. 79-404, S. 18, 45; P.A. 87-88; P.A. 96-212, S. 28, 32.)

      History: 1972 act gave divisions supervision of "all forms of horse racing, dog racing, frontons and pari-mutuel systems" and replaced reference to operation of state lottery, racing and off-track betting with "operation of authorized activities"; P.A. 74-39 clarified that "pari-mutuel systems" refers to systems "associated" with the various authorized activities; P.A. 79-404 replaced "divisions" with "units" and "executive directors" with "unit heads" to avoid confusion with division of special revenue and its executive director, replaced previous specific divisions with organizational units deemed necessary by executive director and established with advice and consent of gaming policy board, and listed specific functions of the units; P.A. 87-88 transferred responsibility for maintaining records of operation of units from unit heads to the division and required executive director to establish record keeping procedures; P.A. 96-212 changed administration to regulation in reference to state lottery, effective July 1, 1996.

      Cited. 33 CS 167. Cited. 35 CS 522.

      Sec. 12-568. Operation of lotteries. Lottery Fund. Participation in joint lottery games. Payment of prizes and compensation. Certification of balance in fund in excess of division needs. Unclaimed prize moneys to be used for educational purposes. Transfers to General Fund. Section 12-568 is repealed, effective July 1, 1996.

      (1971, P.A. 865, S. 12; 1972, P.A. 187, S. 5; P.A. 75-344, S. 1, 2; Dec. Sp. Sess. P.A. 75-2, S. 1, 2; P.A. 76-114, S. 19, 21; 76-387, S. 4, 5; P.A. 77-517, S. 1, 2; 77-540, S. 1, 4; P.A. 79-404, S. 19, 45; P.A. 80-310, S. 1, 2; P.A. 81-377, S. 1- 3; P.A. 86-312, S. 5, 21; P.A. 89-355, S. 17, 20; May Sp. Sess. P.A. 94-4, S. 24, 85; P.A. 95-160, S. 38, 64, 69; P.A. 96-139, S. 12, 13; 96-212, S. 31, 32; 96-236, S. 1, 2.)

      Sec. 12-568a. Regulation of state lottery. The Division of Special Revenue shall adopt regulations, in accordance with chapter 54, for the purpose of assuring the integrity of the state lottery, concerning the regulation of the state lottery under the operation and management of the Connecticut Lottery Corporation. Such regulations shall include: (1) The licensing of employees of the Connecticut Lottery Corporation and any person or business organization awarded the primary contract by said corporation to provide facilities, components, goods or services which are necessary for the operation of the activities authorized by chapter 229a; (2) the approval of procedures of the corporation; (3) the time period for complying with the regulations governing said approval of procedures; (4) offerings of lottery games; (5) minimum prize payouts and payments; (6) regulation of lottery sales agents including qualifications for licensure and license suspension and revocation; (7) assurance of the integrity of the state lottery including the computer gaming system, computer internal control and system testing; and (8) limitations on advertising and marketing content to assure public information as to the odds of winning the lottery and the prohibition of sales of tickets to minors.

      (P.A. 96-212, S. 23, 32; P.A. 97-277, S. 8, 13.)

      History: P.A. 96-212 effective July 1, 1996; P.A. 97-277 inserted phrase "for the purpose of assuring the integrity of the state lottery", substituted phrase "shall include" for "may include but need not be limited to", divided provisions into Subdivs., adding new language re regulation of Connecticut Lottery Corporation as Subdivs. (1) to (3), and removed provision in newly designated Subdiv. (6) re lottery sales, effective June 26, 1997.

      See chapter 229a (Sec. 12-800 et seq.) re the Connecticut Lottery Corporation.

      Sec. 12-569. Breach of fiduciary responsibility by lottery sales agent. If the president of the Connecticut Lottery Corporation determines that any lottery sales agent has breached his fiduciary responsibility to the corporation in that the account of such lottery sales agent with respect to moneys received from the sale of lottery tickets has become delinquent in accordance with regulations adopted as provided in section 12-568a, the president shall notify the executive director of the breach of fiduciary duty and the executive director shall impose a delinquency assessment upon such account equal to ten per cent of the amount due or ten dollars, whichever amount is greater, plus interest at the rate of one and one-half per cent of such amount for each month or fraction of a month from the date such amount is due to the date of payment. Subject to the provisions of section 12-3a, the executive director may waive all or part of the penalties provided under this subsection when it is proven to his satisfaction that the failure to pay such moneys to the state within the time allowed was due to reasonable cause and was not intentional or due to neglect. Any such delinquent lottery sales agent shall be notified of such delinquency assessment and shall be afforded an opportunity to contest the validity and amount of such assessment before the executive director who is hereby authorized to conduct such hearing. Upon request of the president of the Connecticut Lottery Corporation, the executive director may prepare and sign a warrant directed to any state marshal, constable or any collection agent employed by the Connecticut Lottery Corporation for distraint upon any property of such delinquent lottery sales agent within the state, whether personal or real property. An itemized bill shall be attached thereto certified by the executive director as a true statement of the amount due from such lottery sales agent. Such warrant shall have the same force and effect as an execution issued in accordance with chapter 906. Such warrant shall be levied on any real, personal, tangible or intangible property of such agent and sale made pursuant to such warrant in the same manner and with the same force and effect as a levy and sale pursuant to an execution. The executive director, with the advice and consent of the board, shall adopt regulations in accordance with chapter 54 to carry out the purposes of this section.

      (1971, P.A. 865, S. 13; 1972, P.A. 187, S. 6; P.A. 73-235, S. 1, 2; P.A. 75-14, S. 1, 2; P.A. 78-242, S. 1, 2; P.A. 79-27; 79-404, S. 20, 45; P.A. 80-39; P.A. 82-163, S. 1, 6; P.A. 91-281, S. 1, 2; P.A. 96-212, S. 29, 32; P.A. 00-99, S. 42, 154.)

      History: 1972 act amended Subsec. (a) to exclude lottery sales receipts from gross receipts when agent is a lessee of state property whose rental fee is based on gross receipts, amended Subsec. (b) to specify that agents may be required to make deposits "in a special or suspense account in the name of the commission" and added Subsecs. (c) and (d) re compensation to depositories and claim centers; P.A. 73-235 allowed sales of lottery tickets at off-track betting facilities; P.A. 75-14 allowed sales of tickets at commission main office; P.A. 78-242 amended Subsec. (b) to include provisions re delinquency assessments; P.A. 79-27 added provision in Subsec. (b) declaring moneys received from sale of tickets to be state property while in sales agents' hands; P.A. 79-404 substituted "executive director" and "division" for "commission" and required advice and consent of gaming policy board for establishment of rules and regulations and ticket prices; P.A. 80-39 allowed employees of licensed sales agents to sell lottery tickets in Subsec. (a); P.A. 82-163 amended Subsec. (b) so as to provide penalty and interest re late payment by state lottery agents in amounts and under conditions as to be comparable to such provisions applicable with respect to other state taxes; P.A. 91-281 amended Subsec. (b) to require (1) that all moneys received by lottery sales agents from the sale of lottery tickets be held in trust for the state and (2) that lottery sales agents deposit such moneys in a special or suspense account; P.A. 96-212 deleted Subsecs. (a), (c) and (d) and portions of Subsec. (b) re operation and administration of state lottery, effective July 1, 1996 (Revisor's note: The word "Corporation" was added editorially by the Revisors in the first sentence reference to "president of the Connecticut Lottery Corporation" for consistency); P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000.

      Subsec. (b):

      Cited. 33 CS 170.

      Sec. 12-569a. Lottery advertising. Section 12-569a is repealed, effective July 1, 1996.

      (P.A. 79-273; 79-404, S. 6, 45; P.A. 83-77, S. 1, 2; P. A. 96-212, S. 31, 32.)

      Sec. 12-570. Forgery, counterfeiting or altering of tickets: Class A misdemeanor. Any person who forges or counterfeits any ticket made for the purposes of any lottery or pari-mutuel system permitted under this chapter, or who alters any number of such a ticket, or who offers for sale or sells any such forged, counterfeited or altered ticket, knowing it to be such, or who presents any such forged, counterfeited or altered ticket to any person engaged in carrying out this chapter, with intent to defraud the state or any person participating in any such lottery or wagering under any such pari-mutuel system, shall be guilty of a class A misdemeanor.

      (1971, P.A. 865, S. 14; P.A. 73-236, S. 1, 2.)

      History: P.A. 73-236 included reference to pari-mutuel systems and replaced "conducted" with "permitted" and "adventurer" with "person participating in any such lottery or wagering under any such pari-mutuel system".

      Sec. 12-570a. Sale of an out-of-state lottery ticket: Class A misdemeanor. (a) A person is guilty of sale of an out-of-state lottery ticket when he sells, delivers, advertises or offers for sale in this state, for a fee, any lottery ticket for any out-of-state lottery game.

      (b) Sale of an out-of-state lottery ticket is a class A misdemeanor.

      (June Sp. Sess. P.A. 91-3, S. 134, 168.)

      History: (Revisor's note: In 1997 the Revisors editorially changed the phrase "A person is guilty of sales of an out-of-state lottery ticket" to "A person is guilty of sale of an out-of-state lottery ticket" to correct a clerical error in the codification of June Sp. Sess. P.A. 91-3).

      Cited. 32 CA 849. P.A. 91-3, Sec. 134 cited. Id.

      Sec. 12-570b. Suspension of sales of Powerball tickets. From June 29, 1999, until June 30, 2001, the chief executive officer of a municipality may certify in writing to the president of the Connecticut Lottery Corporation that a "Powerball Emergency" has occurred. The president shall independently verify the existence of such emergency and upon making such determination may order a suspension of sales of Powerball tickets in that municipality for a twenty-four-hour period. Such period shall commence on the next succeeding day of Powerball sales. For the purposes of this section, a "Powerball Emergency" shall exist only if it is found that the sales of Powerball tickets are so great as to impede traffic, limit the movement of emergency vehicles and equipment and create a risk of imminent breach of the peace and the threat to public health and safety.

      (June Sp. Sess. P.A. 99-2, S. 10, 72; P.A. 00-230, S. 9.)

      History: June Sp. Sess. P.A. 99-2 effective June 29, 1999; P.A. 00-230 made a technical change.

      Sec. 12-571. Sale of off-track betting systems. Regulation of off-track betting systems. (a) The executive director of the Division of Special Revenue shall enter into negotiations with a person or business organization for the award of a contract of sale of the off-track betting system including, but not limited to, the assets and liabilities of the system and the right to operate the system. Such contract of sale shall authorize the purchaser of the system to establish and conduct a system of off-track betting on races held within or without the state pursuant to the provisions of this chapter. All proceeds derived from such sale shall be deposited as provided in section 39 of public act 93-332*. Until the effective date of transfer of ownership of the off-track betting system, the executive director shall establish and conduct systems of off-track betting on races held within or without the state pursuant to the provisions of this chapter. It is hereby declared that off-track betting on races conducted under the administration or regulatory authority of the division in the manner and subject to the conditions of this chapter shall be lawful notwithstanding the provisions of any other law, general, special or municipal, including any law prohibiting or restricting lotteries, bookmaking or any other kind of gambling, it being the purpose of this chapter to derive from such betting, as authorized by this chapter, a reasonable revenue for the support of state government and to prevent and curb unlawful bookmaking and illegal betting on races.

      (b) Until the effective date of transfer of ownership of the off-track betting system, the executive director, with the advice and consent of the board, shall adopt rules and regulations, consistent with this chapter, establishing and governing the permitted method or methods of operation of the system of off-track betting.

      (1971, P.A. 865, S. 15; 1972, P.A. 187, S. 7; P.A. 79-404, S. 21, 45; P.A. 93-332, S. 29, 42.)

      *Note: Section 39 of public act 93-332 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

      History: 1972 act did not change section; P.A. 79-404 replaced "commission" with "executive director" and "division" as appropriate and required advice and consent of gaming policy board in adoption of rules and regulations; P.A. 93-332 amended section to authorize the division of special revenue to enter into negotiations for the sale of the off-track betting system, effective June 25, 1993.

      Cited. 189 C. 591.

      Cited. 33 CS 167. Cited. 35 CS 522.

      Sec. 12-571a. Moratorium on off-track betting branch facilities. Exception. Report re improvement of facilities. Simulcasting of dog racing events or jai alai games at teletheaters. (a) The Division of Special Revenue and the Gaming Policy Board shall not operate or authorize the operation of more than eighteen off-track betting branch facilities, except that the division and the board may operate or authorize the operation of any off-track betting facility approved prior to December 31, 1986, by the legislative body of a municipality in accordance with subsection (a) of section 12-572. Any facility approved prior to December 31, 1986, shall be included within the eighteen branch facilities authorized by this subsection.

      (b) The eighteen off-track betting branch facilities authorized by subsection (a) of this section may include eight facilities which have screens for the simulcasting of off-track betting race programs or jai alai games and other amenities including, but not limited to, restaurants and concessions, provided, on and after June 19, 1992, four of such facilities shall be located in the town and city of New Haven, the town of Windsor Locks, within the dog race track in the town of Plainfield and within the fronton or dog race track in the town and city of Bridgeport. Authority to simulcast does not include any branch facility located within a zone of protection negotiated between the operator of the off-track betting system and any other pari-mutuel betting facility. Each such facility located within a fronton or a dog race track shall be operated by the licensee authorized to operate the off-track betting system in conjunction with the licensee of such fronton or dog race track and all such facilities within a fronton or a dog race track shall be operated in substantially the same manner. The location of each such facility shall be approved by the executive director with the consent of the Gaming Policy Board and shall be subject to the prior approval of the legislative body of the town in which such facility is proposed to be located. The division shall report annually to the joint standing committee of the General Assembly having cognizance of matters relating to legalized gambling on the status of the establishment or improvement of the off-track betting branch facility pursuant to this subsection.

      (c) If an operator of an off-track betting facility equipped with screens for simulcasting intends to simulcast at such facility dog racing events or jai alai games, such operator (1) shall simulcast dog racing events or jai alai games conducted by any association licensee which offers such racing events or games for simulcasting provided such operator obtains the written consent of such licensee and any other licensee authorized to conduct the same activity located within forty miles of such facility and (2) may simulcast out-of-state dog racing events or jai alai games when no such association licensee is conducting such racing events or games provided such operator has complied with the provisions of subdivision (1) of this subsection.

      (d) The division and board or a licensee authorized to operate the off-track betting system may operate any off-track betting branch office facilities not operated in the manner of the facilities operated under subsection (b) of this section as facilities which have monitors for off-track betting information, bench seating and adequate public rest room facilities for patrons.

      (P.A. 79-297, S. 1, 2; 79-404, S. 6, 45; P.A. 81-46, S. 1, 4; P.A. 83-14, S. 1, 4; P.A. 85-14, S. 1, 4; P.A. 87-528, S. 1, 4; P.A. 89-282, S. 1, 5; 89-390, S. 24, 37; P.A. 91-309, S. 1, 10; 91-366, S. 1, 5; May Sp. Sess. P.A. 92-17, S. 30, 59; P.A. 93-332, S. 30, 42; P.A. 94-223, S. 1, 4; P.A. 97-277, S. 10, 13.)

      History: P.A. 79-404 substituted division of special revenue for commission on special revenue; P.A. 81-46 extended the moratorium to June 30, 1983; P.A. 83-14 extended the moratorium to June 30, 1985; P.A. 85-14 extended the moratorium to June 30, 1987; P.A. 87-528 deleted all provisions in the section, substituting in lieu thereof a prohibition on the operation of more than eighteen off-track betting branch facilities from April 22, 1981, to June 30, 1989, and providing an exception for any facility approved before December 31, 1986, and authorizing the improvement of certain facilities; P.A. 89-282 amended Subsec. (a) to extend the moratorium to June 30, 1991; P.A. 89-390 amended Subsec. (a) to extend moratorium on off-track betting facilities from June 30, 1989, to June 30, 1991, amended Subsec. (b) to (1) increase number of such facilities which may have simulcasting screens from one to three, (2) restrict geographic location of facility authorized on or after July 6, 1989, (3) prohibit location of facility within any jai alai fronton authorized for operation on or after July 6, 1989, and (4) provide that location of each such facility shall be determined by executive director with consent of gaming policy board, subject to prior approval of legislative body of town in which such facility is proposed to be located; P.A. 91-309 amended Subsec. (b) to insert three Subdiv. designations within proviso, adding new language in Subdiv. (2) which required one off-track betting branch facility to be within the Plainfield dog track and to substitute Subpara. designations for Subdiv. designations in Subdiv. (1); P.A. 91-366 amended Subsec. (a) to extend moratorium on off-track betting facilities from June 30, 1991, to June 30, 1993; May Sp. Sess. P.A. 92-17 amended Subsec. (a) to remove the date for the expiration of the moratorium and remove references to the tele-track, Subsec. (b) to increase the simulcasting facilities from three to four, adding a facility within the fronton or dog race track in Bridgeport and to provide that the Plainfield and Bridgeport facilities shall be operated in substantially the same manner; P.A. 93-332 amended section to allow operation of the off-track betting system by an authorized licensee, effective June 25, 1993; P.A. 94-223 amended Subsec. (b) to permit simulcasting facilities to also simulcast jai alai games, inserted new Subsec. (c) re operators of simulcasting facilities who intend to simulcast dog racing events or jai alai games at their facilities and relettered former Subsec. as Subsec. (d), effective June 8, 1994; P.A. 97-277 amended Subsec. (b) to (1) increase from four to eight the number of the eighteen off-track betting branch facilities authorized to simulcast certain events, (2) specify that four of such facilities shall be geographically restricted, (3) delete proviso re zone of protection around Windsor Locks teletheater, (4) insert provision re authority to simulcast and (5) remove the state as one of the entities required to operate certain facilities, effective July 1, 1997.

      Subsec. (a):

      Proposal to broadcast live racing while simultaneously advertising availability of telephone wagering would not result in creation of new off-track betting facilities and therefore does not violate moratorium. 278 C. 150.

      Sec. 12-571b. Moratorium on tele-track facilities. Section 12-571b is repealed.

      (P.A. 79-213, S. 1, 2; 79-404, S. 6, 45; P.A. 81-46, S. 2, 4; P.A. 83-14, S. 2, 4; P.A. 85-14, S. 2, 4; P.A. 87-528, S. 2, 4; P.A. 89-282, S. 2, 5; P.A. 91-366, S. 2, 5; May Sp. Sess. P.A. 92-17, S. 58, 59.)

      Sec. 12-572. Off-track betting facilities. Deposit of daily receipts. Distribution of sums in pari-mutuel pool. Contract disputes. (a) The executive director, with the advice and consent of the board, may establish or authorize the establishment of such off-track betting facilities throughout the state for the purpose of receiving moneys wagered on the results of races or jai alai games as he shall deem will serve the convenience of the public and provide maximum economy and efficiency of operation, provided the establishment of such a facility in any municipality for the purpose of receiving moneys on the results of races or jai alai games shall be subject to the approval of the legislative body of such municipality which shall be given only after a public hearing on the same. Until the effective date of transfer of ownership of the off-track betting system, moneys received at such facilities shall be deposited in a betting fund from which daily payments, in such amount as the executive director deems suitable, shall be made. If an operator of an off-track betting facility intends to conduct wagering on dog racing events or jai alai games, such operator (1) shall conduct wagering on dog racing events or jai alai games conducted by any association licensee which offers such racing events or games for off-track betting provided such operator obtains the written consent of such licensee and (2) may conduct wagering on out-of-state dog racing events or jai alai games when no such association licensee is conducting such racing events or games provided such operator has complied with the provisions of subdivision (1) of this subsection. No operator of an off-track betting facility shall conduct wagering on any dog racing event or jai alai game if such racing event or game is conducted within forty miles of such facility unless such operator has obtained the written consent of the licensee conducting such racing event or game.

      (b) The executive director, with the approval of the board, is authorized to contract with any person or business organization to provide such facilities, components, goods or services as may be necessary for the effective operation of an off-track betting system. Compensation for such facilities, components, goods or services shall be deducted from the moneys retained pursuant to subsections (c) and (d) of this section in such amount as the executive director shall determine.

      (c) The division or any person or business organization operating an off-track betting system shall distribute all sums deposited in a pari-mutuel pool, to the holders of winning tickets therein, less seventeen per cent of the total deposits of such pool plus the breakage to the dime of the amount so retained, except as provided in subsection (d) of this section.

      (d) (1) If the multiple forms of wagering known as daily double, exacta and quinella are permitted by the board, the division or any person or business organization operating the off-track betting system shall distribute all sums deposited in the pari-mutuel pool for any such event to the holders of winning tickets therein, less nineteen per cent of the total deposits in such pool plus the breakage to the dime.

      (2) If multiple forms of wagering on three or more animals are permitted by the board, the division or such person or business organization operating an off-track betting system, shall retain twenty-four and one-half per cent of the total sums deposited in the pool for such event, plus the breakage to the dime.

      (e) The division or any person or business organization operating an off-track betting system and conducting wagering on racing events or jai alai games held in this state and licensed under the provisions of this chapter shall distribute all sums deposited in a pari-mutuel pool to the holders of winning tickets therein, less the same percentage of the total deposits of such pool applicable to such racing events or jai alai games plus the breakage to the dime of the amount retained by each licensee conducting the racing events or jai alai games.

      (f) Any person or business organization which has entered into a contract with the state, acting through the executive director under the provisions of subsection (b) of this section, except a contract with an individual for personal services, may, in the event of any disputed claims under such contract, bring an action against the state to the superior court for the judicial district of Hartford for the purpose of having such claims determined, provided notice of the general nature of such claims shall have been given in writing to the division not later than one year after the termination of such contract. No action shall be brought under this section later than three years from the date of termination of the contract. Such action shall be tried to the court without a jury. Damages recoverable in such action shall not include any amount attributable to anticipated profits but shall be limited to the recovery of actual damages sustained arising out of such contract. All legal defenses except governmental immunity shall be reserved to the state.

      (g) The division or any person or business organization operating an off-track betting system, with the approval of the board, may combine wagers placed within such off-track betting system with similar wagering pools at the facility where a racing program is being conducted, regardless of whether such facility is located within or without the state. Such pari-mutuel wagers shall be combined in such form and manner as the executive director may determine to be in the best interests of the off-track betting system established pursuant to the provisions of section 12-571. Notwithstanding the provisions of subsection (c) or (d) of this section to the contrary, the division or any person or business organization operating an off-track betting system and conducting wagering on racing events held without this state, with the approval of the board, may distribute to the holders of winning tickets who have placed wagers in said combined pools such sums as may be deposited in said combined pari-mutuel pools, less the same percentage of the total deposits of such combined pools as is established at the facility where such racing program is conducted plus the breakage to the dime, as shall be determined by the executive director with the approval of the board.

      (1971, P.A. 865, S. 16; 1972, P.A. 187, S. 8; P.A. 73-344, S. 1, 2; P.A. 78-280, S. 6, 127; P.A. 79-404, S. 22, 45; P.A. 80-133, S. 3, 10; P.A. 82-284, S. 1, 4; P.A. 83-275, S. 1, 2; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; May Sp. Sess. P.A. 92-17, S. 31, 59; P.A. 93-142, S. 4, 7, 8; 93-332, S. 31, 42; P.A. 94-223, S. 2, 4; P.A. 95-220, S. 4-6; P.A. 97-277, S. 11, 13; P.A. 04-176, S. 1.)

      History: 1972 act replaced "shall" with "may", thereby making establishment of branch offices dependent upon commission's discretion and deleted reference to a state lottery on race results; P.A. 73-344 replaced references to branch offices with references to off-track betting facilities and added Subsecs. (b) to (e); P.A. 78-280 substituted judicial district of Hartford-New Britain for Hartford county; P.A. 79-404 substituted "executive director", "division" and "board" for "commission" as necessary and made Subsec. (d) apply with respect to animals in general rather than to horses only; P.A. 80-133 substituted "business organization" for "firm, partnership, association or corporation"; P.A. 82-284 amended Subsec. (d) by adding Subdiv. (1) provisions increasing the takeout for daily double exacta and quinella wagers; P.A. 83-275 inserted new Subsec. (e) to require the division or any person operating an off-track betting system and conducting off-track betting on in-state racing events to adopt takeout rate applicable to in-state racing activity for off-track purposes, relettering former Subsec. (e) accordingly; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; May Sp. Sess. P.A. 92-17 added new Subsec. (g) to authorize division or any person operating an off-track betting system, with approval of board, to combine wagering pools at facilities located within or without the state; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-332 made technical changes in section re operation of the off-track betting system by an authorized licensee, effective June 25, 1993; P.A. 94-223 amended Subsecs. (a) and (e) to add references to "jai alai games" after references to "races" and "racing events" and inserted new language in Subsec. (a) re conduct of wagering on dog racing events or jai alai games by operators of off-track betting facilities, effective June 8, 1994; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-277 fixed the takeout rate on wagers made on three or more animals ("exotic wagers") at twenty-three per cent in Subdiv. (2) of Subsec. (d) and deleted provision allowing exact takeout rate to be established by the Gaming Policy Board, provided in no case shall the percentage retained be less than seventeen per cent, effective July 1, 1997; P.A. 04-176 amended Subsec. (d)(2) to increase the takeout rate from twenty-three per cent to twenty-four and one-half per cent, effective June 1, 2004.

      Cited. 35 CS 522.

      Sec. 12-572a. (Formerly Sec. 12-575a). Municipal income from money wagered. Section 12-572a is repealed, effective June 25, 1993.

      (P.A. 74-249, S. 1, 6; P.A. 79-404, S. 28, 45; P.A. 83-356, S. 1, 2; P.A. 86-318, S. 1, 2; P.A. 93-332, S. 41, 42.)

      Sec. 12-573. Certification of balance in betting fund in excess of division needs. Transfer to General Fund. Until the effective date of transfer of ownership of the off-track betting system, and from time to time the executive director shall estimate, and certify to the Comptroller, that portion of the balance in the betting fund which is in excess of the current needs of the division for the payment of prizes and for the payment of compensation under section 12-572. Upon receipt of any such certification, the amount so certified shall be transferred from the betting fund to the General Fund.

      (1971, P.A. 865, S. 17; 1972, P.A. 187, S. 9; P.A. 79-404, S. 23, 45; P.A. 86-312, S. 6, 21; P.A. 93-332, S. 32, 42.)

      History: 1972 act added reference to Subsecs. (c) and (d) of Sec. 12-569; P.A. 79-404 substituted "executive director" and "division" for "commission" as necessary; P.A. 86-312 required executive director to certify excess balance to comptroller rather than to state treasurer and deleted references to lottery fund to reflect amendment to Sec. 12-568 concerning said fund; P.A. 93-332 made technical changes in section re operation of the off-track betting system by an authorized licensee, effective June 25, 1993.

      Sec. 12-573a. Operation of frontons. The board may authorize the operation of frontons in the state for exhibition of the Spanish ball game called jai alai or pelota. The operation of all frontons shall be under the supervision of the division.

      (1972, P.A. 187, S. 11; P.A. 79-404, S. 24, 45.)

      History: P.A. 79-404 substituted "board" for "commission" and replaced state racing division with reference to division of special revenue.

      Cited. 189 C. 591.

      Cited. 33 CS 168. Cited. 35 CS 522.

      Sec. 12-574. Licensing. (a) Association licensees. No person or business organization may conduct a meeting at which racing or the exhibition of jai alai is permitted for any stake, purse or reward or operate the off-track betting system unless such person or business organization is licensed as an association licensee by the board. Any such licensee authorized to conduct a meeting or operate the off-track betting system shall indemnify and save harmless the state of Connecticut against any and all actions, claims, and demands of whatever kind or nature which the state may sustain or incur by reason or in consequence of issuing such license.

      (b) Affiliate licensees licensed by board. No business organization, other than a shareholder in a publicly traded corporation, may exercise control in or over an association licensee unless such business organization is licensed as an affiliate licensee by the board as provided in subdivision (1) of subsection (h) of this section.

      (c) Concessionaire licensees. No person or business organization may operate any concession at any meeting at which racing or the exhibition of jai alai is permitted or any concession which is allied to an off-track betting facility unless such person or business organization is licensed as a concessionaire licensee by the executive director.

      (d) Vendor licensees. No person or business organization awarded the primary contract by an association licensee to provide facilities, components, goods or services which are necessary for the operation of the activities authorized by the provisions of section 12-572 may do so unless such person or business organization is licensed as a vendor licensee by the executive director.

      (e) Totalizator licensees. No person or business organization may provide totalizator equipment and services to any association licensee for the operation of a pari-mutuel system unless such person or business organization is licensed as a totalizator licensee by the executive director.

      (f) Affiliate licensees licensed by executive director. No business organization, other than a shareholder in a publicly traded corporation, may exercise control in or over a concessionaire, vendor or totalizator licensee unless such business organization is licensed as an affiliate licensee by the executive director.

      (g) Occupational licensees. No person may participate in this state in any activity permitted under this chapter as an employee of an association, concessionaire, vendor, totalizator or affiliate licensee unless such person is licensed as an occupational licensee by the executive director. Whether located in or out of this state no officer, director, partner, trustee or owner of a business organization which obtains a license in accordance with this section may continue in such capacity unless such officer, director, partner, trustee or owner is licensed as an occupational licensee by the executive director. An occupational license shall also be obtained by any shareholder, key executive, agent or other person connected with any association, concessionaire, vendor, totalizator or affiliate licensee, who in the judgment of the executive director will exercise control in or over any such licensee. Such person shall apply for a license not later than thirty days after the executive director requests him, in writing, to do so. The executive director shall complete his investigation of an applicant for an occupational license and notify such applicant of his decision to approve or deny the application within one year after its receipt. Such period may be extended by the board upon a showing of good cause by the executive director, after giving the applicant a reasonable opportunity for a hearing before the board.

      (h) Affiliate of association and affiliate of concessionaire licenses. (1) The board shall issue affiliate of association licenses to qualified business organizations. (2) The executive director shall issue affiliate of concessionaire licenses to qualified business organizations.

      (i) Information required for licensing. Licensing and regulation of licensees by executive director. In determining whether to grant a license the board or the executive director may require the applicant to submit information as to: Financial standing and credit; moral character; criminal record, if any; previous employment; corporate, partnership or association affiliations; ownership of personal assets; and such other information as it or he deems pertinent to the issuance of such license. The executive director may reject for good cause an application for a license, and he, the deputy executive director, the executive assistant, any unit head or any assistant unit head authorized by the executive director may suspend or revoke for good cause any license issued by him after a hearing held in accordance with chapter 54. In addition, if any affiliate licensee licensed by the executive director fails to comply with the provisions of this chapter the executive director, after a hearing held in accordance with chapter 54, may revoke or suspend the license of any one or more of the following related licensees: Concessionaire, vendor or totalizator, and may fine any one or more of said licensees in an amount not to exceed two thousand five hundred dollars. Any licensee whose license is suspended or revoked, or any applicant aggrieved by the action of the executive director concerning an application for a license may appeal not later than fifteen days after such decision to the board in accordance with subsection (j) of this section.

      (j) Regulations governing licensee's operation; penalties for failure to comply; hearings and appeals. The executive director, with the advice and consent of the board shall adopt regulations governing the operation of the off-track betting system and facilities, tracks, stables, kennels and frontons, including the regulation of betting in connection therewith, to insure the integrity and security of the conduct of meetings and the broadcast of racing events held pursuant to this chapter. Such regulations shall include provision for the imposition of fines and suspension of licenses for violations thereof. Prior to the adoption of any regulations concerning the treatment of animals at any dog race track, the executive director shall notify the National Greyhound Association of the contents of such regulations and of its right to request a hearing pursuant to chapter 54. The board shall have the authority to impose a fine of up to seventy-five thousand dollars for any violation of such regulations by a licensee authorized to conduct a meeting or operate the off-track betting system under this section and a fine of up to five thousand dollars for any violation of such regulations by any other licensee. The executive director shall have the authority to impose a fine of up to two thousand five hundred dollars for any such violation by any licensee licensed by him and the stewards or judges of a meeting acting in accordance with such regulations shall have the authority to impose a fine of up to five hundred dollars for any such violation by such licensee, and the players' manager of a jai alai exhibition acting in accordance with such regulations shall have the authority to recommend to the judges that a fine should be considered for a player who may have violated such regulations. The board may delegate to the stewards and judges of a meeting the power to suspend the license of any occupational licensee employed in this state by an association licensee for a period not to exceed sixty days for any violation of such regulations. If any license is suspended, such stewards and judges of a meeting shall state the reasons therefor in writing. All fines imposed pursuant to this section shall be paid over to the General Fund upon receipt by the division. Any person or business organization fined or suspended by an authority other than the board or any licensee or applicant for a license aggrieved by a decision of the executive director under subsection (i) shall have a right of appeal to the board for a hearing. All hearings, other than appellate hearings before the board, shall be conducted pursuant to chapter 54. Any person or business organization aggrieved by a decision of the board shall have a right of appeal pursuant to section 4-183.

      (k) Preparation and maintenance of books and records. The executive director shall have the power to require that the books and records of any licensee, other than an occupational licensee, shall be maintained in any manner which he may deem best, and that any financial or other statements based on such books and records shall be prepared in accordance with generally accepted accounting principles in such form as he shall prescribe. The executive director or his designee shall also be authorized to visit, to investigate and to place expert accountants and such other persons as he may deem necessary, in the offices, tracks, frontons, off-track betting facilities or places of business of any such licensee, for the purpose of satisfying himself that the division's regulations are strictly complied with.

      (l) Removal of employee or official of licensee. The executive director may at any time for good cause require the removal of any employee or official employed by any licensee hereunder.

      (m) Licensing and regulation of licensees by board. The board shall have the right to reject any application for a license for good cause and the action of the board as to the license and the meeting dates assigned shall be final, provided any person or business organization aggrieved by the action of the board concerning an application for a license may appeal such decision in accordance with section 4-183. The board shall, as far as practicable, avoid conflicts in the dates assigned for racing or the exhibition of the game of jai alai in the state. Any license granted under the provisions of this chapter is a revocable privilege and no licensee shall be deemed to have acquired any vested rights based on the issuance of such license. Any such license shall be subject to the regulations set forth by the executive director with the advice and consent of the board. Any license issued by the board shall be subject to suspension or revocation for good cause, after giving the licensee a reasonable opportunity for a hearing before the board, at which he shall have the right to be represented by counsel. In addition, if any affiliate licensee licensed by the board fails to comply with the provisions of this chapter the board, after a hearing held in accordance with chapter 54, may revoke or suspend the license of the related association licensee and may fine the related association licensee in an amount not to exceed seventy-five thousand dollars or both. If any license is suspended or revoked the board shall state the reasons for such suspension or revocation and cause an entry of such reasons to be made on the record books of the board. Any licensee aggrieved by the action of the board may appeal therefrom in accordance with section 4-183.

      (n) Licensing exemptions. The appropriate licensing authority may, on its own motion or upon application, exempt any person or business organization from the licensing requirements of this chapter or some or all of the disclosure requirements of chapter 226b, provided the applicant does not exercise control in or over an integral part of any activity which is authorized under this chapter. The burden of proving that an exemption should be granted rests solely with the applicant. The licensing authority making the determination may limit or condition the terms of an exemption and such determination shall be final.

      (o) Penalty for aiding meeting without license. Any person aiding or abetting in the operation of an off-track betting system or the conduct of any meeting within this state at which racing or the exhibition of the game of jai alai shall be permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the board or the executive director, shall be guilty of a class A misdemeanor.

      (p) Residency requirement. The majority of the membership of the board of directors of any corporation licensed to operate the off-track betting system or to hold or conduct any meeting within the state of Connecticut at which racing or the exhibition of the game of jai alai shall be permitted for any stake, purse or reward, shall be residents of the state of Connecticut.

      (q) License application and renewal. Any license granted under this section other than a license issued by the board shall be effective for not more than one year from the date of issuance. Initial application for and renewal of any license shall be in such form and manner as the executive director shall, by regulation adopted with the advice and consent of the board, prescribe.

      (r) Pet adoption program for retired greyhounds. Any person or business organization issued a license to conduct dog racing shall establish a pet adoption program for the proper housing and care of retired greyhounds and shall provide financial support for such program and any facility operated to implement such program.

      (s) Employment of recipients of public assistance or support at dog race track. Any person or business organization issued a license to conduct dog racing pursuant to subsection (c) of section 12-574c shall employ persons who, at the time of employment, are recipients of assistance under the state-administered general assistance program, state supplement program, medical assistance program, temporary family assistance program or food stamps program to fill not less than twenty per cent of the positions created by the conversion of a jai alai fronton to a dog race track if such persons have been trained for such employment by public or publicly-funded agencies in coordination with such licensee.

      (t) Day care facility for use by employees of dog race track. Any person or business organization issued a license to conduct dog racing pursuant to subsection (c) of section 12-574c shall provide an on-site day care facility for use by employees of the dog race track. Such licensee shall employ persons who, at the time of employment, are recipients of aid under chapter 302 or 308 to fill not less than fifty per cent of the positions at such day care facility if such persons have been trained for such employment by public or publicly-funded agencies in coordination with such licensee.

      (u) Dog race track to operate on year-round basis. Number of performances. Notwithstanding any other provisions of this chapter to the contrary, any person or business organization issued a license to conduct dog racing may operate on a year-round basis and may conduct such number of performances as it may elect, provided the total number of such performances does not exceed five hundred and eighty performances in any calendar year.

      (1971, P.A. 865, S. 18; 1972, P.A. 187, S. 10; June, 1972, P.A. 1, S. 6; P.A. 73-260, S. 1, 2, 3, 5; P.A. 75-13, S. 1, 2; 75-22, S. 1, 2; P.A. 76-436, S. 327, 681; P.A. 78-280, S. 5, 127; P.A. 79-21; 79-24, S. 1; 79-150; 79-404, S. 25, 45; P.A. 80-20; 80-133, S. 4, 10; P.A. 83-435, S. 2, 3; P.A. 85-23; P.A. 91-309, S. 2, 3, 10; 91-406, S. 26, 29; P.A. 93-332, S. 33, 42; P.A. 96-212, S. 30, 32; P.A. 97-122; 97-277, S. 9, 13; June 18 Sp. Sess. P.A. 97-2, S. 15, 165; P.A. 04-76, S. 3; P.A. 06-6, S. 1, 2.

      History: 1972 acts included dog racing and jai alai under provisions of section and substituted court of common pleas for superior court in Subsec. (g); P.A. 73-260 amended Subsec. (a) to delete provision re licensing of horse racing meets where there is no wagering and dog racing meets with pari-mutuel, perfecta, quinella and trifecta betting and to add provision re indemnification of state, amended Subsec. (b) to include concessions allied to off-track betting facility and to allow requirement that persons having ownership interest in applicant be fingerprinted, and amended Subsec. (d) to include regulations "to insure the integrity and security of the conduct of meetings" and to add provisions re fines for violations; P.A. 75-13 amended Subsec. (b) to replace superior court with court of common pleas and set deadline for appeal in Subsecs. (b) and (g); P.A. 75-22 amended Subsec. (d) to allow suspension of licenses by commission or stewards and judges when authorized to do so by commission; P.A. 76-436 substituted superior court for court of common pleas in Subsecs. (b) and (g), effective July 1, 1978; P.A. 78-280 substituted judicial district of Hartford-New Britain for Hartford county; P.A. 79-21 amended Subsec. (g) to specify that licenses are revocable and that licensees acquire no vested rights upon issuance of their licenses; P.A. 79-24 added Subsec. (j) re expiration and renewal of licenses; P.A. 79-150 amended Subsec. (d) to increase fine for licensees under section to maximum of seventy-five thousand dollars, leaving five-thousand-dollar maximum applicable to violation by "any other licensee", removed provision allowing imposition of fine by jai alai players' manager but allowed such managers to recommend that stewards and judges impose a fine; P.A. 79-404 replaced "commission" with "executive director", "division" or "board" as necessary, required that appeals be made in accordance with Sec. 4-183, replacing previous appeal provisions, inserted new Subsec. (d) re licensing procedure and suspension and revocation of licenses, relettering former Subsecs. (d) to (j) accordingly, and made other technical changes clarifying provisions; P.A. 80-20 allowed unit heads to revoke licenses and changed deadline for appeal from thirty to fifteen days in Subsec. (d); P.A. 80-133 removed provision re operation of concessions in Subsec. (a), deleted former Subsecs. (b) and (c) and first part of (d) and inserted new Subsecs. (b) to (h) re affiliate, concessionaire, vendor and totalizator licensees, placed provision re decisions on granting license, formerly in Subsec. (d), in Subsec. (i) and expanded provisions re information required and re revocation or suspension of license and imposition of fines, redesignated Subsecs. (e), (f), (g) and (h) as (j), (k), (l) and (m) and clarified provisions, inserted new Subsec. (n) re exemptions from licensing and disclosure requirements, and redesignated Subsecs. (i), (j) and (k) as (o), (p) and (q) and clarified provisions; P.A. 83-435 amended Subsec. (i), authorizing the deputy executive director to suspend or revoke licenses after conducting a hearing; P.A. 85-23 amended Subsec. (g), requiring executive director to complete investigation of occupational license applicant and notify applicant of decision to approve or deny within one year after application receipt, unless an extension is granted; P.A. 91-309 amended Subsec. (j) to require executive director to notify National Greyhound Association of contents of regulations re treatment of animals at dog track and its right to request a hearing prior to adoption of regulations and added new Subsecs. (r) to (u), inclusive, requiring establishment of pet adoption program for retired greyhounds, employment of recipients of public assistance or support at new dog race track, provision of on-site day care facility for use by employees of new dog race track, and permitting operation of dog race track on year-round basis and limiting number of performances in any calendar year; P.A. 91-406 made technical correction in Subsec. (j); P.A. 93-332 made technical changes re operation of the off-track betting system by an authorized licensee and amended Subsec. (i) to authorize the executive assistants of the director and assistant unit heads to suspend or revoke an application for a license, effective June 25, 1993; P.A. 96-212 amended Subsec. (d) to change state to Connecticut Lottery Corporation re award of primary contract and made technical changes, effective July 1, 1996; P.A. 97-122 amended Subsec. (n) by deleting language specifying what information appropriate licensing authority must consider in making exemption and substituting "provided the applicant does not exercise control in or over an integral part of any activity which is authorized under this chapter"; P.A. 97-277 deleted reference to Connecticut Lottery Corporation and chapter 229a in Subsec. (d), effective June 26, 1997; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (s) to delete the list of sections in title 17b under which certain persons are recipients of assistance and substitute reference to recipients of assistance under "the general assistance program, state supplement program, medical assistance program, temporary family assistance program or food stamps program", effective July 1, 1997; P.A. 04-76 amended Subsec. (s) by replacing "general assistance program" with "state-administered general assistance program"; P.A. 06-6 amended Subsec. (b) to add reference to Subsec. (h)(1), and replaced former Subsec. (h) with new Subsec. (h)(1) and (2) re affiliate licenses.

      Subsec. (b):

      Failure by plaintiff to claim it was denied a license by commission resulted in plaintiff's lack of standing to appeal under this section. 173 C. 384.

      Subsec. (j):

      Cited. 193 C. 379.

      Subsec. (m):

      Cited. 3 CA 254.

      Sec. 12-574a. Town referendum on racing and fronton. Sunday operation for racing and jai alai events and off-track pari-mutuel betting on racing programs. (a) Whenever a person or business organization files an application with the board for a license to conduct an activity regulated by section 12-574, exclusive of renewal license applications, the board shall forward within five days to the town clerk of the town within which such activity is proposed to be carried on a statement specifying the prospective applicant, the proposed activity, the site on which such activity is proposed to be conducted and the fact that an application has been filed with the board. Within ten days after such statement has been filed, such town clerk shall cause notice of such filing to be published in a newspaper having a circulation in the town wherein the activity is to be conducted. The question of the approval of the conducting of such activity shall be submitted to the electors of such town at a special election called for the purpose to be held not less than thirty nor more than sixty days after such publication, in conformity with the provisions of section 9-369, or at a regular town election if such election is to be held more than sixty but not more than one hundred twenty days after such publication, such question shall be so submitted and the vote shall be taken in the manner prescribed by said section 9-369. The town clerk shall notify the board of the results of such election. The disapproval of the conducting of such activity by a majority of those voting on the question shall be a bar to the granting of a license to that applicant to conduct such activity at such location. All costs incurred by a municipality in connection with such referendum shall be paid to said municipality by the person or business organization filing such application for such license. The provisions of this subsection shall not apply to any licensee authorized to operate the off-track betting system with respect to any off-track betting facility approved prior to June 25, 1993.

      (b) No licensee may conduct any racing or jai alai event on any Sunday without the prior approval of the legislative body of the town in which the event is scheduled to take place.

      (c) No licensee authorized to operate the off-track betting system may conduct any off-track pari-mutuel wagering on any racing program on any Sunday without the prior approval of the legislative body of the town in which such off-track betting facility is located.

      (d) Notwithstanding the provisions of subsection (a) of this section, the prior approval of the legislative body only of the town shall be required in the event the division or the board issues a license pursuant to subsection (c) of section 12-574c.

      (P.A. 73-600, S. 1, 2; P.A. 77-441; P.A. 79-404, S. 26, 45; P.A. 80-133, S. 5, 10; P.A. 81-50, S. 1, 2; 81-472, S. 17, 159; P.A. 83-81, S. 1, 2; 83-300, S. 1, 2; P.A. 85-42, S. 1, 2; P.A. 87-121, S. 1, 2; P.A. 91-309, S. 4, 10; P.A. 93-332, S. 34, 42; P.A. 96-151, S. 1, 3.)

      History: P.A. 77-441 deleted provisions concerning petition as intermediary step between publication of notice and holding of referendum and added provision requiring costs of referendum to be paid by applicant for license; P.A. 79-404 substituted references to gaming policy board for references to commission on special revenue or its executive secretary and forbade holding of Sunday racing or jai alai meetings without approval of town legislative body; P.A. 80-133 substituted "business organization" and "licensee" for "firm, partnership, association or corporation" as necessary and "event" for "meeting"; P.A. 81-50 added the provision requiring the board to assign Sunday meeting dates, with some restrictions, if requested by the licensee after prior approval of the legislative body of the town involved; P.A. 81-472 made technical changes; P.A. 83-81 required the gaming policy board to permit a licensee to finish a Saturday evening performance by 1 a.m. on Sunday; P.A. 83-300 subdivided the section, adding Subsec. (c), permitting vendor licensees providing facilities, goods or services for an off-track betting system to conduct pari-mutuel wagering on harness or thoroughbred racing events on Sunday only with prior approval of the town's legislative body; P.A. 85-42 amended Subsec. (a), permitting executive director to authorize vendor licensees to conduct make-up performances; P.A. 87-121 amended Subsec. (c) to delete references to "harness or thoroughbred" racing "event" or "performances" and substitute racing "program" in lieu thereof and to provide for the conduct of wagering on afternoon and evening racing programs in Subdiv. (3); P.A. 91-309 added Subsec. (d), requiring only prior approval of the legislative body of the town in event division or board issues a license pursuant to Sec. 12-574c(c); P.A. 93-332 amended Subsec. (a) to exempt a licensee authorized to operate the off-track betting systems from the provisions of said Subsec. and amended Subsec. (c) to make changes re the operation of the off-track betting systems by an authorized licensee, effective June 25, 1993; P.A. 96-151 amended Subsecs. (b) and (c) to delete provisions restricting Sunday operation for licensees, effective July 1, 1996.

      Time limit fixed does not remove requirement under section 7-9 that each page of petition contain a six months' clause. 30 CS 365. Cited. 33 CS 168.

      Sec. 12-574b. Horse racing. Special Revenue Advisory Board established. Appointment. Section 12-574b is repealed.

      (P.A. 77-469, S. 1, 2; P.A. 79-404, S. 44, 45.)

      Sec. 12-574c. Licensing moratorium. Exceptions. (a) The Division of Special Revenue or the Gaming Policy Board shall not issue a license authorizing any person, firm, corporation or association to conduct horse racing, dog racing or jai alai events.

      (b) Notwithstanding the provisions of subsection (a) of this section, the division or the board may renew any license issued prior to May 23, 1979, or issue such a license to a currently operating facility.

      (c) (1) Notwithstanding the provisions of subsection (a) of this section, the division or the board may, on or after July 5, 1991, issue one additional license authorizing a person or business organization to conduct dog racing to a person or business organization holding a license to conduct jai alai events or to the successor of such business organization upon the surrender of the license to conduct jai alai events. (2) No license issued pursuant to this subsection shall provide for the operation of any dog race track prior to October 1, 1992, unless the licensee agrees to fully reimburse the state for all costs associated with the licensing and operation of such track prior to June 30, 1992.

      (d) No licensee shall move any horse race track, dog race track or jai alai fronton to any municipality other than the municipality in which such facility was located on July 5, 1991.

      (P.A. 79-309, S. 1, 2; P.A. 81-46, S. 3, 4; P.A. 83-14, S. 3, 4; P.A. 85-14, S. 3, 4; P.A. 87-528, S. 3, 4; P.A