{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-369.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-369.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-369.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-369.html"}],"law_id":68989,"edition_id":1,"section_id":68989,"structure_id":14224,"section_number":"59.1-369","catch_line":"Powers and duties of the Commission","history":"1988, c. 855; 1990, c. 271; 1991, c. 591; 1992, c. 820; 1993, c. 430; 1998, cc. 619, 845; 2000, cc. 99, 1031; 2003, c. 682; 2004, c. 774; 2005, cc. 633, 700; 2007, c. 757; 2009, c. 142; 2011, c. 732; 2015, cc. 731, 751; 2023, cc. 588, 589, 590, 591; 2024, c. 593; 2023, cc. 588, 589; 2025, c. 336.","full_text":"The Commission shall have all powers and duties necessary to carry out the provisions of this chapter and to exercise the control of horse racing as set forth in \u00a7 59.1-364. Such powers and duties shall include the following:\n\n1\n\nThe Commission is vested with jurisdiction and supervision over all horse racing licensed under the provisions of this chapter including all persons conducting, participating in, or attending any race meeting. It shall employ such persons to be present at race meetings as are necessary to ensure that they are conducted with order and the highest degree of integrity. It may eject or exclude from the enclosure or from any part thereof any person, whether or not he possesses a license or permit, whose conduct or reputation is such that his presence may, in the opinion of the Commission, reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of horse racing.2\n\nThe Commission, its representatives, and employees shall visit, investigate, and have free access to the office, track, facilities, satellite facilities or other places of business of any license or permit holder, and may compel the production of any of the books, documents, records, or memoranda of any license or permit holder for the purpose of satisfying itself that this chapter and its regulations are strictly complied with. In addition, the Commission may require any person granted a permit by the Commission and shall require any person licensed by the Commission, the recognized majority horsemen’s group, and the nonprofit industry stakeholder organization recognized by the Commission under this chapter to produce an annual balance sheet and operating statement prepared by a certified public accountant approved by the Commission. The Commission may require the production of any contract to which such person is or may be a party.3\n\nThe Commission shall promulgate regulations and conditions under which horse racing with pari-mutuel wagering shall be conducted in the Commonwealth, and all such other regulations it deems necessary and appropriate to effect the purposes of this chapter, including a requirement that licensees post, in a conspicuous place in every place where pari-mutuel wagering is conducted, (i) a sign that bears a toll-free telephone number for the National Problem Gambling Helpline and (ii) a sign that bears the toll-free number and website for the illegal gaming tip line established and administered by the Office of the Gaming Enforcement Coordinator in the Department of State Police pursuant to § 52-54 for members of the public to report concerns about, or suspected instances of, illegal gaming activities. Such regulations shall include provisions for affirmative action to assure participation by minority persons in contracts granted by the Commission and its licensees. Nothing in this subdivision shall be deemed to preclude private local ownership or participation in any horse racetrack. Such regulations may include penalties for violations. The regulations shall be subject to the Administrative Process Act (§ 2.2-4000 et seq.).4\n\nThe Commission shall promulgate regulations and conditions under which simulcast horse racing shall be conducted at a licensed horse racetrack or satellite facility in the Commonwealth and all such other regulations it deems necessary and appropriate to effect the purposes of this chapter. Such regulations shall include provisions that all simulcast horse racing shall comply with the Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et seq.) and shall require the holder of a license to schedule no more than 125 live racing days in the Commonwealth each calendar year; however, the Commission shall have the authority to alter the required number of live racing days in the event of force majeure. Such regulations shall authorize up to 10 satellite facilities and restrict majority ownership of satellite facilities to an entity licensed by the Commission that is a significant infrastructure limited licensee, or if by August 1, 2015, there is no such licensee or a pending application for such license, then the nonprofit industry stakeholder organization recognized by the Commission may be granted licenses to own or operate satellite facilities. If, however, after the issuance of a license to own or operate a satellite facility to such nonprofit industry stakeholder organization, the Commission grants a license to a significant infrastructure limited licensee pursuant to § 59.1-376, then such limited licensee may own or operate the remaining available satellite facilities authorized in accordance with this subdivision. In no event shall the Commission authorize any such entities to own or operate more than a combined total of 10 satellite facilities. Nothing in this subdivision shall be deemed to preclude private local ownership or participation in any satellite facility. Except as authorized pursuant to subdivision 5, wagering on simulcast horse racing shall take place only at a licensed horse racetrack or satellite facility. For purposes of this subdivision, “force majeure” means an event or events reasonably beyond the ability of the Commission to anticipate and control. “Force majeure” includes acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, and governmental actions and restrictions.5\n\nThe Commission shall promulgate regulations and conditions regulating and controlling advance deposit account wagering. Such regulations shall include (i) standards, qualifications, and procedures for the issuance of a license to an entity for the operation of pari-mutuel wagering in the Commonwealth; except that the Commission shall not issue a license to, and shall revoke the license of, an entity that, either directly or through an entity under common control with it, withholds the sale at fair market value to a licensee of simulcast horse racing signals that such entity or an entity under common control with it sells to other racetracks, satellite facilities, or advance deposit account wagering providers located in or outside of the Commonwealth; (ii) provisions regarding access to books, records, and memoranda, and submission to investigations and audits, as authorized by subdivisions 2 and 10; and (iii) provisions regarding the collection of all revenues due to the Commonwealth from the placing of such wagers. No pari-mutuel wager may be made on or with any computer owned or leased by the Commonwealth, or any of its subdivisions, or at any public elementary or secondary school or institution of higher education. The Commission also shall ensure that, except for this method of pari-mutuel wagering, all wagering on simulcast horse racing shall take place only at a licensed horse racetrack or satellite facility.\n\t\t\tNothing in this subdivision shall be construed to limit the Commission’s authority as set forth elsewhere in this section.6\n\nThe Commission may issue subpoenas for the attendance of witnesses before it, administer oaths, and compel production of records or other documents and testimony of such witnesses whenever, in the judgment of the Commission, it is necessary to do so for the effectual discharge of its duties.7\n\nThe Commission may compel any person holding a license or permit to file with the Commission such data as shall appear to the Commission to be necessary for the performance of its duties including financial statements and information relative to stockholders and all others with any pecuniary interest in such person. It may prescribe the manner in which books and records of such persons shall be kept.8\n\nThe Commission may enter into arrangements with any foreign or domestic government or governmental agency, for the purposes of exchanging information or performing any other act to better ensure the proper conduct of horse racing.9\n\nThe Commission shall report annually on or before March 1 to the Governor and the General Assembly, which report shall include a financial statement of the operation of the Commission.10\n\nThe Commission may order such audits, in addition to those required by § 59.1-394, as it deems necessary and desirable.11\n\nThe Commission shall upon the receipt of a complaint of an alleged criminal violation of this chapter immediately report the complaint to the Attorney General of the Commonwealth and the State Police for appropriate action.12\n\nThe Commission shall provide for the withholding of the applicable amount of state and federal income tax of persons claiming a prize or pay-off for a winning wager and shall establish the thresholds for such withholdings.13\n\nThe Commission, its representatives and employees may, within the enclosure, stable, or other facility related to the conduct of racing, and during regular or usual business hours, subject any (i) permit holder to personal inspections, including alcohol and drug testing for illegal drugs, inspections of personal property, and inspections of other property or premises under the control of such permit holder and (ii) horse eligible to race at a race meeting licensed by the Commission to testing for substances foreign to the natural horse within the racetrack enclosure or other place where such horse is kept. Any item, document or record indicative of a violation of any provision of this chapter or Commission regulations may be seized as evidence of such violation. All permit holders consent to the searches and seizures authorized by this subdivision, including breath, blood and urine sampling for alcohol and illegal drugs, by accepting the permit issued by the Commission. The Commission may revoke or suspend the permit of any person who fails or refuses to comply with this subdivision or any rules of the Commission. Commission regulations in effect on July 1, 1998, shall continue in full force and effect until modified by the Commission in accordance with law.14\n\nThe Commission shall require the existence of a contract between each licensee and the recognized majority horsemen’s group for that licensee. Such contract shall be subject to the approval of the Commission, which shall have the power to approve or disapprove any of its items, including the provisions regarding purses and prizes. Such contracts shall provide that on pools generated by wagering on simulcast horse racing from outside the Commonwealth, (i) for the first $75 million of the total pari-mutuel handle for each breed, the licensee shall deposit funds at the minimum rate of five percent in the horsemen’s purse account, (ii) for any amount in excess of $75 million but less than $150 million of the total pari-mutuel handle for each breed, the licensee shall deposit funds at the minimum rate of six percent in the horsemen’s purse account, (iii) for amounts in excess of $150 million for each breed, the licensee shall deposit funds at the minimum rate of seven percent in the horsemen’s purse account. Such deposits shall be made in the horsemen’s purse accounts of the breed that generated the pools and such deposits shall be made within five days from the date on which the licensee receives wagers. In the absence of the required contract between the licensee and the recognized majority horsemen’s group, the Commission may permit wagering to proceed on simulcast horse racing from outside of the Commonwealth, provided that the licensee deposits into the State Racing Operations Fund created pursuant to § 59.1-370.1 an amount equal to the minimum percentage of the total pari-mutuel handles as required in clauses (i), (ii), and (iii) or such lesser amount as the Commission may approve. The deposits shall be made within five days from the date on which the licensee receives wagers. Once a contract between the licensee and the recognized majority horsemen’s group is executed and approved by the Commission, the Commission shall transfer these funds to the licensee and the horsemen’s purse accounts.15\n\nNotwithstanding the provisions of § 59.1-391, the Commission may grant provisional limited licenses or provisional unlimited licenses to own or operate racetracks or satellite facilities to an applicant prior to the applicant securing the approval through the local referendum required by § 59.1-391. The provisional licenses issued by the Commission shall only become effective upon the approval of the racetrack or satellite wagering facilities in a referendum conducted pursuant to § 59.1-391 in the jurisdiction in which the racetrack or satellite wagering facility is to be located.16\n\nThe Commission or its representatives shall participate in the Problem Gambling Treatment and Support Advisory Committee established pursuant to § 37.2-304 by the Department of Behavioral Health and Developmental Services to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling.17\n\nThe Commission shall promulgate regulations requiring, for each calendar year, any significant infrastructure limited licensee that offers pari-mutuel wagering on historical horse racing to hold at least one live Thoroughbred horse racing day, consisting of not less than eight races per day, for every 100 historical horse racing terminals installed at its significant infrastructure facility together with any satellite facility owned, operated, controlled, managed, or otherwise directly or indirectly affiliated with such licensee. The regulations shall require any such significant infrastructure limited licensee that holds more than one live Thoroughbred horse racing day in accordance with the provisions of this subdivision to hold at least one of those racing days on a weekend. The number of historical horse racing terminals installed at a significant infrastructure facility shall be calculated as of December 31 of the calendar year in question; however, only historical horse racing terminals that are fully operational shall be included in such calculation.","order_by":null,"text":{"0":{"id":249736,"text":"The Commission shall have all powers and duties necessary to carry out the provisions of this chapter and to exercise the control of horse racing as set forth in \u00a7 59.1-364. Such powers and duties shall include the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":249737,"text":"The Commission is vested with jurisdiction and supervision over all horse racing licensed under the provisions of this chapter including all persons conducting, participating in, or attending any race meeting. It shall employ such persons to be present at race meetings as are necessary to ensure that they are conducted with order and the highest degree of integrity. It may eject or exclude from the enclosure or from any part thereof any person, whether or not he possesses a license or permit, whose conduct or reputation is such that his presence may, in the opinion of the Commission, reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of horse racing.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":249738,"text":"The Commission, its representatives, and employees shall visit, investigate, and have free access to the office, track, facilities, satellite facilities or other places of business of any license or permit holder, and may compel the production of any of the books, documents, records, or memoranda of any license or permit holder for the purpose of satisfying itself that this chapter and its regulations are strictly complied with. In addition, the Commission may require any person granted a permit by the Commission and shall require any person licensed by the Commission, the recognized majority horsemen’s group, and the nonprofit industry stakeholder organization recognized by the Commission under this chapter to produce an annual balance sheet and operating statement prepared by a certified public accountant approved by the Commission. The Commission may require the production of any contract to which such person is or may be a party.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":249739,"text":"The Commission shall promulgate regulations and conditions under which horse racing with pari-mutuel wagering shall be conducted in the Commonwealth, and all such other regulations it deems necessary and appropriate to effect the purposes of this chapter, including a requirement that licensees post, in a conspicuous place in every place where pari-mutuel wagering is conducted, (i) a sign that bears a toll-free telephone number for the National Problem Gambling Helpline and (ii) a sign that bears the toll-free number and website for the illegal gaming tip line established and administered by the Office of the Gaming Enforcement Coordinator in the Department of State Police pursuant to § 52-54 for members of the public to report concerns about, or suspected instances of, illegal gaming activities. Such regulations shall include provisions for affirmative action to assure participation by minority persons in contracts granted by the Commission and its licensees. Nothing in this subdivision shall be deemed to preclude private local ownership or participation in any horse racetrack. Such regulations may include penalties for violations. The regulations shall be subject to the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":249740,"text":"The Commission shall promulgate regulations and conditions under which simulcast horse racing shall be conducted at a licensed horse racetrack or satellite facility in the Commonwealth and all such other regulations it deems necessary and appropriate to effect the purposes of this chapter. Such regulations shall include provisions that all simulcast horse racing shall comply with the Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et seq.) and shall require the holder of a license to schedule no more than 125 live racing days in the Commonwealth each calendar year; however, the Commission shall have the authority to alter the required number of live racing days in the event of force majeure. Such regulations shall authorize up to 10 satellite facilities and restrict majority ownership of satellite facilities to an entity licensed by the Commission that is a significant infrastructure limited licensee, or if by August 1, 2015, there is no such licensee or a pending application for such license, then the nonprofit industry stakeholder organization recognized by the Commission may be granted licenses to own or operate satellite facilities. If, however, after the issuance of a license to own or operate a satellite facility to such nonprofit industry stakeholder organization, the Commission grants a license to a significant infrastructure limited licensee pursuant to § 59.1-376, then such limited licensee may own or operate the remaining available satellite facilities authorized in accordance with this subdivision. In no event shall the Commission authorize any such entities to own or operate more than a combined total of 10 satellite facilities. Nothing in this subdivision shall be deemed to preclude private local ownership or participation in any satellite facility. Except as authorized pursuant to subdivision 5, wagering on simulcast horse racing shall take place only at a licensed horse racetrack or satellite facility. For purposes of this subdivision, “force majeure” means an event or events reasonably beyond the ability of the Commission to anticipate and control. “Force majeure” includes acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, and governmental actions and restrictions.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":249741,"text":"The Commission shall promulgate regulations and conditions regulating and controlling advance deposit account wagering. Such regulations shall include (i) standards, qualifications, and procedures for the issuance of a license to an entity for the operation of pari-mutuel wagering in the Commonwealth; except that the Commission shall not issue a license to, and shall revoke the license of, an entity that, either directly or through an entity under common control with it, withholds the sale at fair market value to a licensee of simulcast horse racing signals that such entity or an entity under common control with it sells to other racetracks, satellite facilities, or advance deposit account wagering providers located in or outside of the Commonwealth; (ii) provisions regarding access to books, records, and memoranda, and submission to investigations and audits, as authorized by subdivisions 2 and 10; and (iii) provisions regarding the collection of all revenues due to the Commonwealth from the placing of such wagers. No pari-mutuel wager may be made on or with any computer owned or leased by the Commonwealth, or any of its subdivisions, or at any public elementary or secondary school or institution of higher education. The Commission also shall ensure that, except for this method of pari-mutuel wagering, all wagering on simulcast horse racing shall take place only at a licensed horse racetrack or satellite facility.\n\t\t\tNothing in this subdivision shall be construed to limit the Commission’s authority as set forth elsewhere in this section.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":249742,"text":"The Commission may issue subpoenas for the attendance of witnesses before it, administer oaths, and compel production of records or other documents and testimony of such witnesses whenever, in the judgment of the Commission, it is necessary to do so for the effectual discharge of its duties.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":249743,"text":"The Commission may compel any person holding a license or permit to file with the Commission such data as shall appear to the Commission to be necessary for the performance of its duties including financial statements and information relative to stockholders and all others with any pecuniary interest in such person. It may prescribe the manner in which books and records of such persons shall be kept.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":249744,"text":"The Commission may enter into arrangements with any foreign or domestic government or governmental agency, for the purposes of exchanging information or performing any other act to better ensure the proper conduct of horse racing.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":249745,"text":"The Commission shall report annually on or before March 1 to the Governor and the General Assembly, which report shall include a financial statement of the operation of the Commission.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":249746,"text":"The Commission may order such audits, in addition to those required by § 59.1-394, as it deems necessary and desirable.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":249747,"text":"The Commission shall upon the receipt of a complaint of an alleged criminal violation of this chapter immediately report the complaint to the Attorney General of the Commonwealth and the State Police for appropriate action.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":249748,"text":"The Commission shall provide for the withholding of the applicable amount of state and federal income tax of persons claiming a prize or pay-off for a winning wager and shall establish the thresholds for such withholdings.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":249749,"text":"The Commission, its representatives and employees may, within the enclosure, stable, or other facility related to the conduct of racing, and during regular or usual business hours, subject any (i) permit holder to personal inspections, including alcohol and drug testing for illegal drugs, inspections of personal property, and inspections of other property or premises under the control of such permit holder and (ii) horse eligible to race at a race meeting licensed by the Commission to testing for substances foreign to the natural horse within the racetrack enclosure or other place where such horse is kept. Any item, document or record indicative of a violation of any provision of this chapter or Commission regulations may be seized as evidence of such violation. All permit holders consent to the searches and seizures authorized by this subdivision, including breath, blood and urine sampling for alcohol and illegal drugs, by accepting the permit issued by the Commission. The Commission may revoke or suspend the permit of any person who fails or refuses to comply with this subdivision or any rules of the Commission. Commission regulations in effect on July 1, 1998, shall continue in full force and effect until modified by the Commission in accordance with law.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":249750,"text":"The Commission shall require the existence of a contract between each licensee and the recognized majority horsemen’s group for that licensee. Such contract shall be subject to the approval of the Commission, which shall have the power to approve or disapprove any of its items, including the provisions regarding purses and prizes. Such contracts shall provide that on pools generated by wagering on simulcast horse racing from outside the Commonwealth, (i) for the first $75 million of the total pari-mutuel handle for each breed, the licensee shall deposit funds at the minimum rate of five percent in the horsemen’s purse account, (ii) for any amount in excess of $75 million but less than $150 million of the total pari-mutuel handle for each breed, the licensee shall deposit funds at the minimum rate of six percent in the horsemen’s purse account, (iii) for amounts in excess of $150 million for each breed, the licensee shall deposit funds at the minimum rate of seven percent in the horsemen’s purse account. Such deposits shall be made in the horsemen’s purse accounts of the breed that generated the pools and such deposits shall be made within five days from the date on which the licensee receives wagers. In the absence of the required contract between the licensee and the recognized majority horsemen’s group, the Commission may permit wagering to proceed on simulcast horse racing from outside of the Commonwealth, provided that the licensee deposits into the State Racing Operations Fund created pursuant to § 59.1-370.1 an amount equal to the minimum percentage of the total pari-mutuel handles as required in clauses (i), (ii), and (iii) or such lesser amount as the Commission may approve. The deposits shall be made within five days from the date on which the licensee receives wagers. Once a contract between the licensee and the recognized majority horsemen’s group is executed and approved by the Commission, the Commission shall transfer these funds to the licensee and the horsemen’s purse accounts.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":249751,"text":"Notwithstanding the provisions of § 59.1-391, the Commission may grant provisional limited licenses or provisional unlimited licenses to own or operate racetracks or satellite facilities to an applicant prior to the applicant securing the approval through the local referendum required by § 59.1-391. The provisional licenses issued by the Commission shall only become effective upon the approval of the racetrack or satellite wagering facilities in a referendum conducted pursuant to § 59.1-391 in the jurisdiction in which the racetrack or satellite wagering facility is to be located.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":249752,"text":"The Commission or its representatives shall participate in the Problem Gambling Treatment and Support Advisory Committee established pursuant to § 37.2-304 by the Department of Behavioral Health and Developmental Services to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"17":{"id":249753,"text":"The Commission shall promulgate regulations requiring, for each calendar year, any significant infrastructure limited licensee that offers pari-mutuel wagering on historical horse racing to hold at least one live Thoroughbred horse racing day, consisting of not less than eight races per day, for every 100 historical horse racing terminals installed at its significant infrastructure facility together with any satellite facility owned, operated, controlled, managed, or otherwise directly or indirectly affiliated with such licensee. The regulations shall require any such significant infrastructure limited licensee that holds more than one live Thoroughbred horse racing day in accordance with the provisions of this subdivision to hold at least one of those racing days on a weekend. The number of historical horse racing terminals installed at a significant infrastructure facility shall be calculated as of December 31 of the calendar year in question; however, only historical horse racing terminals that are fully operational shall be included in such calculation.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16"}},"ancestry":[{"id":14224,"edition_id":1,"name":"Virginia Racing Commission","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13336,"metadata":{},"date_created":"2026-06-26 03:47:21","date_modified":"2026-06-26 03:47:21","permalink":{"id":261049,"object_type":"structure","relational_id":14224,"identifier":"1","token":"59.1\/29\/1","url":"\/59.1\/29\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13336,"edition_id":1,"name":"Horse Racing and Pari-Mutuel Wagering","identifier":"29","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:40","date_modified":"2026-06-26 03:44:40","permalink":{"id":261047,"object_type":"structure","relational_id":13336,"identifier":"29","token":"59.1\/29","url":"\/59.1\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80702,"structure_id":14224,"section_number":"59.1-364","catch_line":"Control of racing with pari-mutuel wagering","url":"\/59.1-364\/","token":"59.1\/29\/1\/59.1-364","metadata":false},{"id":63550,"structure_id":14224,"section_number":"59.1-365","catch_line":"Definitions","url":"\/59.1-365\/","token":"59.1\/29\/1\/59.1-365","metadata":false},{"id":57621,"structure_id":14224,"section_number":"59.1-366","catch_line":"The Virginia Racing Commission created; members","url":"\/59.1-366\/","token":"59.1\/29\/1\/59.1-366","metadata":false},{"id":79521,"structure_id":14224,"section_number":"59.1-367","catch_line":"Legal representation","url":"\/59.1-367\/","token":"59.1\/29\/1\/59.1-367","metadata":false},{"id":55437,"structure_id":14224,"section_number":"59.1-368","catch_line":"Financial interests of Commission members, employees and family members prohibited","url":"\/59.1-368\/","token":"59.1\/29\/1\/59.1-368","metadata":false},{"id":68989,"structure_id":14224,"section_number":"59.1-369","catch_line":"Powers and duties of the Commission","url":"\/59.1-369\/","token":"59.1\/29\/1\/59.1-369","metadata":false},{"id":74538,"structure_id":14224,"section_number":"59.1-370","catch_line":"Commission; Executive Secretary; staff; stewards","url":"\/59.1-370\/","token":"59.1\/29\/1\/59.1-370","metadata":false},{"id":63855,"structure_id":14224,"section_number":"59.1-370.1","catch_line":"State Racing Operations Fund","url":"\/59.1-370.1\/","token":"59.1\/29\/1\/59.1-370.1","metadata":false},{"id":57554,"structure_id":14224,"section_number":"59.1-371","catch_line":"Fingerprints and background investigations; investigations from other states","url":"\/59.1-371\/","token":"59.1\/29\/1\/59.1-371","metadata":false},{"id":65716,"structure_id":14224,"section_number":"59.1-372","catch_line":"Virginia Breeders Fund","url":"\/59.1-372\/","token":"59.1\/29\/1\/59.1-372","metadata":false},{"id":70170,"structure_id":14224,"section_number":"59.1-373","catch_line":"Hearing and appeal","url":"\/59.1-373\/","token":"59.1\/29\/1\/59.1-373","metadata":false},{"id":74814,"structure_id":14224,"section_number":"59.1-374","catch_line":"Injunction","url":"\/59.1-374\/","token":"59.1\/29\/1\/59.1-374","metadata":false}],"previous_section":{"id":55437,"structure_id":14224,"section_number":"59.1-368","catch_line":"Financial interests of Commission members, employees and family members prohibited","url":"\/59.1-368\/","token":"59.1\/29\/1\/59.1-368","metadata":false},"next_section":{"id":74538,"structure_id":14224,"section_number":"59.1-370","catch_line":"Commission; Executive Secretary; staff; stewards","url":"\/59.1-370\/","token":"59.1\/29\/1\/59.1-370","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-369\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 855 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 17 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 271; in 1991, chapter 591; in 1992, chapter 820; in 1993, chapter 430; in 1998, chapters 619<\/a> and 845<\/a>; in 2000, chapters 99<\/a> and 1031<\/a>; in 2003, chapter 682<\/a>; in 2004, chapter 774<\/a>; in 2005, chapters 633<\/a> and 700<\/a>; in 2007, chapter 757<\/a>; in 2009, chapter 142<\/a>; in 2011, chapter 732<\/a>; in 2015, chapters 731<\/a> and 751<\/a>; in 2023, chapters 588<\/a>, 589<\/a>, 590<\/a>, and 591<\/a>; in 2024, chapter 593<\/a>; in 2023, chapters 588<\/a> and 589<\/a>; in 2025, chapter 336<\/a>.<\/p>","references":[{"id":67888,"section_number":"58.1-4030","catch_line":"Definitions","order_by":null,"url":"\/58.1-4030\/"},{"id":76932,"section_number":"59.1-395","catch_line":"Unlawful conduct of wagering","order_by":null,"url":"\/59.1-395\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":58889,"section_number":"37.2-304","catch_line":"Duties of Commissioner","order_by":null,"url":"\/37.2-304\/"},{"id":78273,"section_number":"52-54","catch_line":"Office of the Gaming Enforcement Coordinator established; purpose; duties","order_by":null,"url":"\/52-54\/"},{"id":80702,"section_number":"59.1-364","catch_line":"Control of racing with pari-mutuel wagering","order_by":null,"url":"\/59.1-364\/"},{"id":63855,"section_number":"59.1-370.1","catch_line":"State Racing Operations Fund","order_by":null,"url":"\/59.1-370.1\/"},{"id":62312,"section_number":"59.1-376","catch_line":"Limited licenses; transfer of meet; taxation; authority to issue; limitations","order_by":null,"url":"\/59.1-376\/"},{"id":58543,"section_number":"59.1-391","catch_line":"Local referendum required","order_by":null,"url":"\/59.1-391\/"},{"id":60086,"section_number":"59.1-394","catch_line":"Audit required","order_by":null,"url":"\/59.1-394\/"}],"permalink":{"id":261071,"object_type":"law","relational_id":68989,"identifier":"59.1-369","token":"59.1\/29\/1\/59.1-369","url":"\/59.1-369\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-369\/","token":"59.1\/29\/1\/59.1-369","dublin_core":{"Title":"Powers and duties of the Commission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-369","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commission<\/span> shall have all powers and duties necessary to carry out the provisions of this chapter and to exercise the control of horse racing<\/span> as set forth in \u00a7 59.1-364<\/a>. Such powers and duties shall include the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commission<\/span> is vested with jurisdiction<\/span> and supervision over all horse racing<\/span> licensed under the provisions of this chapter including all persons<\/span> conducting, participating in, or attending any race meeting<\/span>. It shall employ such persons<\/span> to be present at race meetings<\/span> as are necessary to ensure that they are conducted with order<\/span> and the highest degree of integrity. It may eject or exclude from the enclosure<\/span> or from any part thereof any person<\/span>, whether or not he possesses a license or permit, whose conduct or reputation is such that his presence may, in the opinion<\/span> of the Commission<\/span>, reflect on the honesty and integrity of horse racing<\/span> or interfere with the orderly conduct of horse racing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission<\/span>, its representatives, and employees shall visit, investigate, and have free access to the office, track, facilities, satellite facilities or other places of business of any license or permit holder<\/span>, and may compel the production of any of the books, documents, records, or memoranda of any license or permit holder<\/span> for the purpose of satisfying itself that this chapter and its regulations are strictly complied with. In addition, the Commission<\/span> may require any person<\/span> granted a permit by the Commission<\/span> and shall require any person<\/span> licensed by the Commission<\/span>, the recognized majority horsemen’s group, and the nonprofit industry stakeholder organization recognized by the Commission<\/span> under this chapter to produce an annual balance sheet and operating statement prepared by a certified public accountant approved by the Commission<\/span>. The Commission<\/span> may require the production of any contract<\/span> to which such person<\/span> is or may be a party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission<\/span> shall promulgate regulations and conditions under which horse racing<\/span> with pari-mutuel wagering<\/span> shall be conducted in the Commonwealth, and all such other regulations it deems necessary and appropriate to effect the purposes of this chapter, including a requirement that licensees<\/span> post, in a conspicuous place in every place where pari-mutuel wagering<\/span> is conducted, (i) a sign that bears a toll-free telephone number for the National Problem Gambling Helpline and (ii) a sign that bears the toll-free number and website for the illegal gaming tip line established and administered by the Office of the Gaming Enforcement Coordinator in the Department of State Police pursuant to § 52-54<\/a> for members<\/span> of the public to report concerns about, or suspected instances of, illegal gaming activities. Such regulations shall include provisions for affirmative action to assure participation by minority persons<\/span> in contracts<\/span> granted by the Commission<\/span> and its licensees<\/span>. Nothing in this subdivision shall be deemed to preclude private local ownership or participation in any horse racetrack<\/span>. Such regulations may include penalties for violations. The regulations shall be subject to the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Commission<\/span> shall promulgate regulations and conditions under which simulcast horse racing<\/span> shall be conducted at a licensed horse racetrack<\/span> or satellite facility<\/span> in the Commonwealth and all such other regulations it deems necessary and appropriate to effect the purposes of this chapter. Such regulations shall include provisions that all simulcast horse racing<\/span> shall comply with the Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et seq.) and shall require the holder of a license to schedule no more than 125 live racing days in the Commonwealth each calendar year; however, the Commission<\/span> shall have the authority to alter the required number of live racing days in the event of force majeure<\/span>. Such regulations shall authorize up to 10 satellite facilities and restrict majority ownership of satellite facilities to an entity licensed by the Commission<\/span> that is a significant infrastructure limited licensee<\/span>, or if by August 1, 2015, there is no such licensee or a pending application for such license, then the nonprofit industry stakeholder organization recognized by the Commission<\/span> may be granted licenses to own or operate satellite facilities. If, however, after the issuance of a license to own or operate a satellite facility<\/span> to such nonprofit industry stakeholder organization, the Commission<\/span> grants a license to a significant infrastructure limited licensee<\/span> pursuant to § 59.1-376<\/a>, then such limited licensee may own or operate the remaining available satellite facilities authorized in accordance with this subdivision. In no event shall the Commission<\/span> authorize any such entities to own or operate more than a combined total of 10 satellite facilities. Nothing in this subdivision shall be deemed to preclude private local ownership or participation in any satellite facility<\/span>. Except as authorized pursuant to subdivision 5, wagering on simulcast horse racing<\/span> shall take place only at a licensed horse racetrack<\/span> or satellite facility<\/span>. For purposes of this subdivision, “force majeure<\/span>” means an event or events reasonably beyond the ability of the Commission<\/span> to anticipate and control. “Force majeure<\/span>” includes acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, and governmental actions and restrictions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Commission<\/span> shall promulgate regulations and conditions regulating and controlling advance deposit account wagering<\/span>. Such regulations shall include (i) standards, qualifications, and procedures for the issuance of a license to an entity for the operation of pari-mutuel wagering<\/span> in the Commonwealth; except that the Commission<\/span> shall not issue<\/span> a license to, and shall revoke the license of, an entity that, either directly or through an entity under common control with it, withholds the sale at fair market value to a licensee of simulcast horse racing<\/span> signals that such entity or an entity under common control with it sells to other racetracks<\/span>, satellite facilities, or advance deposit account wagering<\/span> providers located in or outside of the Commonwealth; (ii) provisions regarding access to books, records, and memoranda, and submission to investigations and audits, as authorized by subdivisions 2 and 10; and (iii) provisions regarding the collection of all revenues due to the Commonwealth from the placing of such wagers. No pari-mutuel wager may be made on or with any computer owned or leased by the Commonwealth, or any of its subdivisions, or at any public elementary or secondary school or institution of higher education. The Commission<\/span> also shall ensure that, except for this method of pari-mutuel wagering<\/span>, all wagering on simulcast horse racing<\/span> shall take place only at a licensed horse racetrack<\/span> or satellite facility<\/span>.\n\t\t\tNothing in this subdivision shall be construed to limit the Commission<\/span>’s authority as set forth elsewhere in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Commission<\/span> may issue<\/span> subpoenas<\/span> for the attendance of witnesses before it, administer oaths<\/span>, and compel production of records or other documents and testimony<\/span> of such witnesses whenever, in the judgment<\/span> of the Commission<\/span>, it is necessary to do so for the effectual discharge of its duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The Commission<\/span> may compel any person<\/span> holding a license or permit to file with the Commission<\/span> such data as shall appear to the Commission<\/span> to be necessary for the performance of its duties including financial statements and information relative to stockholders and all others with any pecuniary interest in such person<\/span>. It may prescribe the manner in which books and records of such persons<\/span> shall be kept. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The Commission<\/span> may enter into arrangements with any foreign or domestic government or governmental agency, for the purposes of exchanging information or performing any other act to better ensure the proper conduct of horse racing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The Commission<\/span> shall report annually on or before March 1 to the Governor and the General Assembly, which report shall include a financial statement of the operation of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The Commission<\/span> may order<\/span> such audits, in addition to those required by § 59.1-394<\/a>, as it deems necessary and desirable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The Commission<\/span> shall upon the receipt of a complaint of an alleged criminal violation of this chapter immediately report the complaint to the Attorney General<\/span> of the Commonwealth and the State Police for appropriate action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> The Commission<\/span> shall provide for the withholding of the applicable amount of state and federal income tax of persons<\/span> claiming a prize or pay-off for a winning wager and shall establish the thresholds for such withholdings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> The Commission<\/span>, its representatives and employees may, within the enclosure<\/span>, stable, or other facility related to the conduct of racing, and during regular or usual business hours, subject any (i) permit holder<\/span> to personal inspections, including alcohol and drug testing for illegal drugs, inspections of personal property, and inspections of other property or premises under the control of such permit holder<\/span> and (ii) horse eligible to race at a race meeting<\/span> licensed by the Commission<\/span> to testing for substances foreign to the natural horse within the racetrack<\/span> enclosure<\/span> or other place where such horse is kept. Any item, document or record indicative of a violation of any provision of this chapter or Commission<\/span> regulations may be seized as evidence<\/span> of such violation. All permit holders<\/span> consent to the searches and seizures authorized by this subdivision, including breath, blood and urine sampling for alcohol and illegal drugs, by accepting the permit issued by the Commission<\/span>. The Commission<\/span> may revoke or suspend the permit of any person<\/span> who fails or refuses to comply with this subdivision or any rules of the Commission<\/span>. Commission<\/span> regulations in effect on July 1, 1998, shall continue in full force and effect until modified by the Commission<\/span> in accordance with law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> The Commission<\/span> shall require the existence of a contract<\/span> between each licensee and the recognized majority horsemen’s group for that licensee. Such contract<\/span> shall be subject to the approval of the Commission<\/span>, which shall have the power to approve or disapprove any of its items, including the provisions regarding purses and prizes. Such contracts<\/span> shall provide that on pools<\/span> generated by wagering on simulcast horse racing<\/span> from outside the Commonwealth, (i) for the first $75 million of the total pari-mutuel handle<\/span> for each breed, the licensee shall deposit funds at the minimum rate of five percent in the horsemen’s purse account, (ii) for any amount in excess of $75 million but less than $150 million of the total pari-mutuel handle<\/span> for each breed, the licensee shall deposit funds at the minimum rate of six percent in the horsemen’s purse account, (iii) for amounts in excess of $150 million for each breed, the licensee shall deposit funds at the minimum rate of seven percent in the horsemen’s purse account. Such deposits shall be made in the horsemen’s purse accounts of the breed that generated the pools<\/span> and such deposits shall be made within five days from the date on which the licensee receives wagers. In the absence of the required contract<\/span> between the licensee and the recognized majority horsemen’s group, the Commission<\/span> may permit wagering to proceed on simulcast horse racing<\/span> from outside of the Commonwealth, provided that the licensee deposits into the State Racing Operations Fund created pursuant to § 59.1-370.1<\/a> an amount equal to the minimum percentage of the total pari-mutuel handles<\/span> as required in clauses (i), (ii), and (iii) or such lesser amount as the Commission<\/span> may approve. The deposits shall be made within five days from the date on which the licensee receives wagers. Once a contract<\/span> between the licensee and the recognized majority horsemen’s group is executed and approved by the Commission<\/span>, the Commission<\/span> shall transfer these funds to the licensee and the horsemen’s purse accounts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Notwithstanding the provisions of § 59.1-391<\/a>, the Commission<\/span> may grant provisional limited licenses or provisional unlimited licenses to own or operate racetracks<\/span> or satellite facilities to an applicant prior to the applicant securing the approval through the local referendum<\/span> required by § 59.1-391<\/a>. The provisional licenses issued by the Commission<\/span> shall only become effective upon the approval of the racetrack<\/span> or satellite wagering facilities in a referendum<\/span> conducted pursuant to § 59.1-391<\/a> in the jurisdiction<\/span> in which the racetrack<\/span> or satellite wagering facility is to be located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> The Commission<\/span> or its representatives shall participate in the Problem Gambling Treatment and Support Advisory Committee established pursuant to § 37.2-304<\/a> by the Department of Behavioral Health and Developmental Services to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> The Commission<\/span> shall promulgate regulations requiring, for each calendar year, any significant infrastructure limited licensee<\/span> that offers pari-mutuel wagering<\/span> on historical horse racing<\/span> to hold at least one live Thoroughbred horse racing day, consisting of not less than eight races per day, for every 100 historical horse racing<\/span> terminals installed at its significant infrastructure facility<\/span> together with any satellite facility<\/span> owned, operated, controlled, managed, or otherwise directly or indirectly affiliated with such licensee. The regulations shall require any such significant infrastructure limited licensee<\/span> that holds more than one live Thoroughbred horse racing day in accordance with the provisions of this subdivision to hold at least one of those racing days on a weekend. The number of historical horse racing<\/span> terminals installed at a significant infrastructure facility<\/span> shall be calculated as of December 31 of the calendar year in question; however, only historical horse racing<\/span> terminals that are fully operational shall be included in such calculation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF THE COMMISSION (\u00a7 59.1-369)\n\nThe Commission shall have all powers and duties necessary to carry out the\nprovisions of this chapter and to exercise the control of horse racing as set\nforth in \u00a7 59.1-364. Such powers and duties shall include the following:\n\n1. The Commission is vested with jurisdiction and supervision over all horse\nracing licensed under the provisions of this chapter including all persons\nconducting, participating in, or attending any race meeting. It shall employ\nsuch persons to be present at race meetings as are necessary to ensure that they\nare conducted with order and the highest degree of integrity. It may eject or\nexclude from the enclosure or from any part thereof any person, whether or not\nhe possesses a license or permit, whose conduct or reputation is such that his\npresence may, in the opinion of the Commission, reflect on the honesty and\nintegrity of horse racing or interfere with the orderly conduct of horse racing.\n\n2. The Commission, its representatives, and employees shall visit, investigate,\nand have free access to the office, track, facilities, satellite facilities or\nother places of business of any license or permit holder, and may compel the\nproduction of any of the books, documents, records, or memoranda of any license\nor permit holder for the purpose of satisfying itself that this chapter and its\nregulations are strictly complied with. In addition, the Commission may require\nany person granted a permit by the Commission and shall require any person\nlicensed by the Commission, the recognized majority horsemen’s group, and\nthe nonprofit industry stakeholder organization recognized by the Commission\nunder this chapter to produce an annual balance sheet and operating statement\nprepared by a certified public accountant approved by the Commission. The\nCommission may require the production of any contract to which such person is or\nmay be a party.\n\n3. The Commission shall promulgate regulations and conditions under which horse\nracing with pari-mutuel wagering shall be conducted in the Commonwealth, and all\nsuch other regulations it deems necessary and appropriate to effect the purposes\nof this chapter, including a requirement that licensees post, in a conspicuous\nplace in every place where pari-mutuel wagering is conducted, (i) a sign that\nbears a toll-free telephone number for the National Problem Gambling Helpline\nand (ii) a sign that bears the toll-free number and website for the illegal\ngaming tip line established and administered by the Office of the Gaming\nEnforcement Coordinator in the Department of State Police pursuant to §\n52-54 for members of the public to report concerns about, or suspected instances\nof, illegal gaming activities. Such regulations shall include provisions for\naffirmative action to assure participation by minority persons in contracts\ngranted by the Commission and its licensees. Nothing in this subdivision shall\nbe deemed to preclude private local ownership or participation in any horse\nracetrack. Such regulations may include penalties for violations. The\nregulations shall be subject to the Administrative Process Act (§ 2.2-4000\net seq.).\n\n4. The Commission shall promulgate regulations and conditions under which\nsimulcast horse racing shall be conducted at a licensed horse racetrack or\nsatellite facility in the Commonwealth and all such other regulations it deems\nnecessary and appropriate to effect the purposes of this chapter. Such\nregulations shall include provisions that all simulcast horse racing shall\ncomply with the Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et\nseq.) and shall require the holder of a license to schedule no more than 125\nlive racing days in the Commonwealth each calendar year; however, the Commission\nshall have the authority to alter the required number of live racing days in the\nevent of force majeure. Such regulations shall authorize up to 10 satellite\nfacilities and restrict majority ownership of satellite facilities to an entity\nlicensed by the Commission that is a significant infrastructure limited\nlicensee, or if by August 1, 2015, there is no such licensee or a pending\napplication for such license, then the nonprofit industry stakeholder\norganization recognized by the Commission may be granted licenses to own or\noperate satellite facilities. If, however, after the issuance of a license to\nown or operate a satellite facility to such nonprofit industry stakeholder\norganization, the Commission grants a license to a significant infrastructure\nlimited licensee pursuant to § 59.1-376, then such limited licensee may own\nor operate the remaining available satellite facilities authorized in accordance\nwith this subdivision. In no event shall the Commission authorize any such\nentities to own or operate more than a combined total of 10 satellite\nfacilities. Nothing in this subdivision shall be deemed to preclude private\nlocal ownership or participation in any satellite facility. Except as authorized\npursuant to subdivision 5, wagering on simulcast horse racing shall take place\nonly at a licensed horse racetrack or satellite facility. For purposes of this\nsubdivision, “force majeure” means an event or events reasonably\nbeyond the ability of the Commission to anticipate and control. “Force\nmajeure” includes acts of God, incidences of terrorism, war or riots,\nlabor strikes or civil disturbances, floods, earthquakes, fire, explosions,\nepidemics, hurricanes, tornadoes, and governmental actions and restrictions.\n\n5. The Commission shall promulgate regulations and conditions regulating and\ncontrolling advance deposit account wagering. Such regulations shall include (i)\nstandards, qualifications, and procedures for the issuance of a license to an\nentity for the operation of pari-mutuel wagering in the Commonwealth; except\nthat the Commission shall not issue a license to, and shall revoke the license\nof, an entity that, either directly or through an entity under common control\nwith it, withholds the sale at fair market value to a licensee of simulcast\nhorse racing signals that such entity or an entity under common control with it\nsells to other racetracks, satellite facilities, or advance deposit account\nwagering providers located in or outside of the Commonwealth; (ii) provisions\nregarding access to books, records, and memoranda, and submission to\ninvestigations and audits, as authorized by subdivisions 2 and 10; and (iii)\nprovisions regarding the collection of all revenues due to the Commonwealth from\nthe placing of such wagers. No pari-mutuel wager may be made on or with any\ncomputer owned or leased by the Commonwealth, or any of its subdivisions, or at\nany public elementary or secondary school or institution of higher education.\nThe Commission also shall ensure that, except for this method of pari-mutuel\nwagering, all wagering on simulcast horse racing shall take place only at a\nlicensed horse racetrack or satellite facility.\n\t\t\tNothing in this subdivision shall be construed to limit the\nCommission’s authority as set forth elsewhere in this section.\n\n6. The Commission may issue subpoenas for the attendance of witnesses before it,\nadminister oaths, and compel production of records or other documents and\ntestimony of such witnesses whenever, in the judgment of the Commission, it is\nnecessary to do so for the effectual discharge of its duties.\n\n7. The Commission may compel any person holding a license or permit to file with\nthe Commission such data as shall appear to the Commission to be necessary for\nthe performance of its duties including financial statements and information\nrelative to stockholders and all others with any pecuniary interest in such\nperson. It may prescribe the manner in which books and records of such persons\nshall be kept.\n\n8. The Commission may enter into arrangements with any foreign or domestic\ngovernment or governmental agency, for the purposes of exchanging information or\nperforming any other act to better ensure the proper conduct of horse racing.\n\n9. The Commission shall report annually on or before March 1 to the Governor and\nthe General Assembly, which report shall include a financial statement of the\noperation of the Commission.\n\n10. The Commission may order such audits, in addition to those required by\n§ 59.1-394, as it deems necessary and desirable.\n\n11. The Commission shall upon the receipt of a complaint of an alleged criminal\nviolation of this chapter immediately report the complaint to the Attorney\nGeneral of the Commonwealth and the State Police for appropriate action.\n\n12. The Commission shall provide for the withholding of the applicable amount of\nstate and federal income tax of persons claiming a prize or pay-off for a\nwinning wager and shall establish the thresholds for such withholdings.\n\n13. The Commission, its representatives and employees may, within the enclosure,\nstable, or other facility related to the conduct of racing, and during regular\nor usual business hours, subject any (i) permit holder to personal inspections,\nincluding alcohol and drug testing for illegal drugs, inspections of personal\nproperty, and inspections of other property or premises under the control of\nsuch permit holder and (ii) horse eligible to race at a race meeting licensed by\nthe Commission to testing for substances foreign to the natural horse within the\nracetrack enclosure or other place where such horse is kept. Any item, document\nor record indicative of a violation of any provision of this chapter or\nCommission regulations may be seized as evidence of such violation. All permit\nholders consent to the searches and seizures authorized by this subdivision,\nincluding breath, blood and urine sampling for alcohol and illegal drugs, by\naccepting the permit issued by the Commission. The Commission may revoke or\nsuspend the permit of any person who fails or refuses to comply with this\nsubdivision or any rules of the Commission. Commission regulations in effect on\nJuly 1, 1998, shall continue in full force and effect until modified by the\nCommission in accordance with law.\n\n14. The Commission shall require the existence of a contract between each\nlicensee and the recognized majority horsemen’s group for that licensee.\nSuch contract shall be subject to the approval of the Commission, which shall\nhave the power to approve or disapprove any of its items, including the\nprovisions regarding purses and prizes. Such contracts shall provide that on\npools generated by wagering on simulcast horse racing from outside the\nCommonwealth, (i) for the first $75 million of the total pari-mutuel handle for\neach breed, the licensee shall deposit funds at the minimum rate of five percent\nin the horsemen’s purse account, (ii) for any amount in excess of $75\nmillion but less than $150 million of the total pari-mutuel handle for each\nbreed, the licensee shall deposit funds at the minimum rate of six percent in\nthe horsemen’s purse account, (iii) for amounts in excess of $150 million\nfor each breed, the licensee shall deposit funds at the minimum rate of seven\npercent in the horsemen’s purse account. Such deposits shall be made in\nthe horsemen’s purse accounts of the breed that generated the pools and\nsuch deposits shall be made within five days from the date on which the licensee\nreceives wagers. In the absence of the required contract between the licensee\nand the recognized majority horsemen’s group, the Commission may permit\nwagering to proceed on simulcast horse racing from outside of the Commonwealth,\nprovided that the licensee deposits into the State Racing Operations Fund\ncreated pursuant to § 59.1-370.1 an amount equal to the minimum percentage\nof the total pari-mutuel handles as required in clauses (i), (ii), and (iii) or\nsuch lesser amount as the Commission may approve. The deposits shall be made\nwithin five days from the date on which the licensee receives wagers. Once a\ncontract between the licensee and the recognized majority horsemen’s group\nis executed and approved by the Commission, the Commission shall transfer these\nfunds to the licensee and the horsemen’s purse accounts.\n\n15. Notwithstanding the provisions of § 59.1-391, the Commission may grant\nprovisional limited licenses or provisional unlimited licenses to own or operate\nracetracks or satellite facilities to an applicant prior to the applicant\nsecuring the approval through the local referendum required by § 59.1-391.\nThe provisional licenses issued by the Commission shall only become effective\nupon the approval of the racetrack or satellite wagering facilities in a\nreferendum conducted pursuant to § 59.1-391 in the jurisdiction in which\nthe racetrack or satellite wagering facility is to be located.\n\n16. The Commission or its representatives shall participate in the Problem\nGambling Treatment and Support Advisory Committee established pursuant to §\n37.2-304 by the Department of Behavioral Health and Developmental Services to\nenable collaboration among prevention and treatment providers and operators of\nlegal gaming in the Commonwealth on efforts to reduce the negative effects of\nproblem gambling.\n\n17. The Commission shall promulgate regulations requiring, for each calendar\nyear, any significant infrastructure limited licensee that offers pari-mutuel\nwagering on historical horse racing to hold at least one live Thoroughbred horse\nracing day, consisting of not less than eight races per day, for every 100\nhistorical horse racing terminals installed at its significant infrastructure\nfacility together with any satellite facility owned, operated, controlled,\nmanaged, or otherwise directly or indirectly affiliated with such licensee. The\nregulations shall require any such significant infrastructure limited licensee\nthat holds more than one live Thoroughbred horse racing day in accordance with\nthe provisions of this subdivision to hold at least one of those racing days on\na weekend. The number of historical horse racing terminals installed at a\nsignificant infrastructure facility shall be calculated as of December 31 of the\ncalendar year in question; however, only historical horse racing terminals that\nare fully operational shall be included in such calculation.\n\nHISTORY: 1988, c. 855; 1990, c. 271; 1991, c. 591; 1992, c. 820; 1993, c. 430;\n1998, cc. 619, 845; 2000, cc. 99, 1031; 2003, c. 682; 2004, c. 774; 2005, cc.\n633, 700; 2007, c. 757; 2009, c. 142; 2011, c. 732; 2015, cc. 731, 751; 2023,\ncc. 588, 589, 590, 591; 2024, c. 593; 2023, cc. 588, 589; 2025, c. 336.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}