{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-389.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-389.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-389.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-389.html"}],"law_id":56023,"edition_id":1,"section_id":56023,"structure_id":14554,"section_number":"59.1-389","catch_line":"Consideration of application","history":"1988, c. 855; 1991, c. 591; 1998, c. 619; 1999, c. 356.","full_text":"A\n\nThe Commission shall promptly consider any application for a permit and issue or deny such permit based on the information in the application and all other information before it, including any investigation it deems appropriate. If an application for a permit is approved, the Commission shall issue a permit, which shall contain such information as the Commission deems appropriate. Such permit shall be valid for one year; however, the permit of a licensee’s employee shall expire automatically when such permit holder leaves the employment of the licensee or at the end of one year, whichever occurs first. The licensee shall promptly notify the Commission when a permit holder leaves the employment of the licensee. The Commission shall establish criteria and procedures for permit renewal.B\n\nThe Commission shall deny the application and refuse to issue the permit, which denial shall be final unless an appeal is taken under \u00a7 59.1-373, if it finds that the issuance of such permit to such applicant would not be in the interests of the people of the Commonwealth, or the horse racing industry of the Commonwealth, or would reflect on the honesty and integrity of the horse racing industry in the Commonwealth, or that the applicant:1\n\nHas knowingly made a false statement of a material fact in the application, or has deliberately failed to disclose any information requested by the Commission;2\n\nIs or has been found guilty of any corrupt or fraudulent practice or conduct in connection with horse racing in this or any other state;3\n\nHas knowingly failed to comply with the provisions of this chapter or the regulations of the Commission;4\n\nHas had a permit to engage in activity related to horse racing denied for just cause, suspended or revoked in any other state, and such denial, suspension or revocation is still in effect; or5\n\nIs unqualified to perform the duties required for the permit sought.C\n\nThe Commission shall deny the application and refuse to issue the permit if, within the five years immediately preceding the date of his application for the permit sought, the applicant has been convicted of a crime involving the unlawful conduct of wagering, fraudulent use of a credential, unlawful transmission of information, touting, bribery, or administration or possession of drugs or any felony considered by the Commission to be detrimental to horse racing in the Commonwealth; the denial shall be final unless an appeal is taken under § 59.1-373. Additionally, the Commission may deny the application and refuse to issue any permit, if the applicant has been convicted of any such crime committed prior to the five years immediately preceding the date of his application.D\n\nThe Commission may refuse to issue the permit if for any reason it feels the granting of such permit is not consistent with the provisions of this chapter or its responsibilities hereunder.","order_by":null,"text":{"0":{"id":205354,"text":"The Commission shall promptly consider any application for a permit and issue or deny such permit based on the information in the application and all other information before it, including any investigation it deems appropriate. If an application for a permit is approved, the Commission shall issue a permit, which shall contain such information as the Commission deems appropriate. Such permit shall be valid for one year; however, the permit of a licensee’s employee shall expire automatically when such permit holder leaves the employment of the licensee or at the end of one year, whichever occurs first. The licensee shall promptly notify the Commission when a permit holder leaves the employment of the licensee. The Commission shall establish criteria and procedures for permit renewal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":205355,"text":"The Commission shall deny the application and refuse to issue the permit, which denial shall be final unless an appeal is taken under \u00a7 59.1-373, if it finds that the issuance of such permit to such applicant would not be in the interests of the people of the Commonwealth, or the horse racing industry of the Commonwealth, or would reflect on the honesty and integrity of the horse racing industry in the Commonwealth, or that the applicant:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":205356,"text":"Has knowingly made a false statement of a material fact in the application, or has deliberately failed to disclose any information requested by the Commission;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":205357,"text":"Is or has been found guilty of any corrupt or fraudulent practice or conduct in connection with horse racing in this or any other state;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":205358,"text":"Has knowingly failed to comply with the provisions of this chapter or the regulations of the Commission;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":205359,"text":"Has had a permit to engage in activity related to horse racing denied for just cause, suspended or revoked in any other state, and such denial, suspension or revocation is still in effect; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":205360,"text":"Is unqualified to perform the duties required for the permit sought.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":205361,"text":"The Commission shall deny the application and refuse to issue the permit if, within the five years immediately preceding the date of his application for the permit sought, the applicant has been convicted of a crime involving the unlawful conduct of wagering, fraudulent use of a credential, unlawful transmission of information, touting, bribery, or administration or possession of drugs or any felony considered by the Commission to be detrimental to horse racing in the Commonwealth; the denial shall be final unless an appeal is taken under § 59.1-373. Additionally, the Commission may deny the application and refuse to issue any permit, if the applicant has been convicted of any such crime committed prior to the five years immediately preceding the date of his application.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":205362,"text":"The Commission may refuse to issue the permit if for any reason it feels the granting of such permit is not consistent with the provisions of this chapter or its responsibilities hereunder.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14554,"edition_id":1,"name":"Permits","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13336,"metadata":{},"date_created":"2026-06-26 03:48:39","date_modified":"2026-06-26 03:48:39","permalink":{"id":261157,"object_type":"structure","relational_id":14554,"identifier":"3","token":"59.1\/29\/3","url":"\/59.1\/29\/3\/","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":77163,"structure_id":14554,"section_number":"59.1-387","catch_line":"Permit required; exception","url":"\/59.1-387\/","token":"59.1\/29\/3\/59.1-387","metadata":false},{"id":59115,"structure_id":14554,"section_number":"59.1-388","catch_line":"Application for permit","url":"\/59.1-388\/","token":"59.1\/29\/3\/59.1-388","metadata":false},{"id":56023,"structure_id":14554,"section_number":"59.1-389","catch_line":"Consideration of application","url":"\/59.1-389\/","token":"59.1\/29\/3\/59.1-389","metadata":false},{"id":63171,"structure_id":14554,"section_number":"59.1-390","catch_line":"Suspension or revocation of permit; fine","url":"\/59.1-390\/","token":"59.1\/29\/3\/59.1-390","metadata":false}],"previous_section":{"id":59115,"structure_id":14554,"section_number":"59.1-388","catch_line":"Application for permit","url":"\/59.1-388\/","token":"59.1\/29\/3\/59.1-388","metadata":false},"next_section":{"id":63171,"structure_id":14554,"section_number":"59.1-390","catch_line":"Suspension or revocation of permit; fine","url":"\/59.1-390\/","token":"59.1\/29\/3\/59.1-390","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-389\/","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 3 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 1991, chapter 591; in 1998, chapter 619<\/a>; in 1999, chapter 356<\/a>.<\/p>","references":[{"id":57554,"section_number":"59.1-371","catch_line":"Fingerprints and background investigations; investigations from other states","order_by":null,"url":"\/59.1-371\/"}],"refers_to":[{"id":70170,"section_number":"59.1-373","catch_line":"Hearing and appeal","order_by":null,"url":"\/59.1-373\/"}],"permalink":{"id":261167,"object_type":"law","relational_id":56023,"identifier":"59.1-389","token":"59.1\/29\/3\/59.1-389","url":"\/59.1-389\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-389\/","token":"59.1\/29\/3\/59.1-389","dublin_core":{"Title":"Consideration of application","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-389","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> shall promptly consider any application for a permit and issue<\/span> or deny such permit based on the information in the application and all other information before it, including any investigation it deems appropriate. If an application for a permit is approved, the Commission<\/span> shall issue<\/span> a permit, which shall contain such information as the Commission<\/span> deems appropriate. Such permit shall be valid for one year; however, the permit of a licensee<\/span>’s employee shall expire automatically when such permit holder<\/span> leaves the employment of the licensee<\/span> or at the end of one year, whichever occurs first. The licensee<\/span> shall promptly notify the Commission<\/span> when a permit holder<\/span> leaves the employment of the licensee<\/span>. The Commission<\/span> shall establish criteria and procedures for permit renewal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall deny the application and refuse to issue<\/span> the permit, which denial shall be final unless an appeal<\/span> is taken under \u00a7 59.1-373<\/a>, if it finds that the issuance of such permit to such applicant would not be in the interests of the people of the Commonwealth, or the horse racing<\/span> industry of the Commonwealth, or would reflect on the honesty and integrity of the horse racing<\/span> industry in the Commonwealth, or that the applicant: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Has knowingly made a false statement of a material<\/span> fact<\/span> in the application, or has deliberately failed to disclose any information requested by the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is or has been found guilty of any corrupt or fraudulent practice or conduct in connection with horse racing<\/span> in this or any other state; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Has knowingly failed to comply with the provisions of this chapter or the regulations of the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Has had a permit to engage in activity related to horse racing<\/span> denied for just cause, suspended or revoked in any other state, and such denial, suspension or revocation<\/span> is still in effect; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Is unqualified to perform the duties required for the permit sought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> shall deny the application and refuse to issue<\/span> the permit if, within the five years immediately preceding the date of his application for the permit sought, the applicant has been convicted of a crime<\/span> involving the unlawful conduct of wagering, fraudulent use of a credential, unlawful transmission of information, touting, bribery, or administration or possession<\/span> of drugs or any felony<\/span> considered by the Commission<\/span> to be detrimental to horse racing<\/span> in the Commonwealth; the denial shall be final unless an appeal<\/span> is taken under § 59.1-373<\/a>. Additionally, the Commission<\/span> may deny the application and refuse to issue<\/span> any permit, if the applicant has been convicted of any such crime<\/span> committed prior to the five years immediately preceding the date of his application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission<\/span> may refuse to issue<\/span> the permit if for any reason it feels the granting of such permit is not consistent with the provisions of this chapter or its responsibilities hereunder. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSIDERATION OF APPLICATION (\u00a7 59.1-389)\n\nA. The Commission shall promptly consider any application for a permit and issue\nor deny such permit based on the information in the application and all other\ninformation before it, including any investigation it deems appropriate. If an\napplication for a permit is approved, the Commission shall issue a permit, which\nshall contain such information as the Commission deems appropriate. Such permit\nshall be valid for one year; however, the permit of a licensee’s employee\nshall expire automatically when such permit holder leaves the employment of the\nlicensee or at the end of one year, whichever occurs first. The licensee shall\npromptly notify the Commission when a permit holder leaves the employment of the\nlicensee. The Commission shall establish criteria and procedures for permit\nrenewal.\n\nB. The Commission shall deny the application and refuse to issue the permit,\nwhich denial shall be final unless an appeal is taken under \u00a7 59.1-373, if it\nfinds that the issuance of such permit to such applicant would not be in the\ninterests of the people of the Commonwealth, or the horse racing industry of the\nCommonwealth, or would reflect on the honesty and integrity of the horse racing\nindustry in the Commonwealth, or that the applicant:\n\n 1. Has knowingly made a false statement of a material fact in the application,\n or has deliberately failed to disclose any information requested by the\n Commission;\n\n 2. Is or has been found guilty of any corrupt or fraudulent practice or\n conduct in connection with horse racing in this or any other state;\n\n 3. Has knowingly failed to comply with the provisions of this chapter or the\n regulations of the Commission;\n\n 4. Has had a permit to engage in activity related to horse racing denied for\n just cause, suspended or revoked in any other state, and such denial,\n suspension or revocation is still in effect; or\n\n 5. Is unqualified to perform the duties required for the permit sought.\n\nC. The Commission shall deny the application and refuse to issue the permit if,\nwithin the five years immediately preceding the date of his application for the\npermit sought, the applicant has been convicted of a crime involving the\nunlawful conduct of wagering, fraudulent use of a credential, unlawful\ntransmission of information, touting, bribery, or administration or possession\nof drugs or any felony considered by the Commission to be detrimental to horse\nracing in the Commonwealth; the denial shall be final unless an appeal is taken\nunder § 59.1-373. Additionally, the Commission may deny the application and\nrefuse to issue any permit, if the applicant has been convicted of any such\ncrime committed prior to the five years immediately preceding the date of his\napplication.\n\nD. The Commission may refuse to issue the permit if for any reason it feels the\ngranting of such permit is not consistent with the provisions of this chapter or\nits responsibilities hereunder.\n\nHISTORY: 1988, c. 855; 1991, c. 591; 1998, c. 619; 1999, c. 356.","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}}