Colorado Code § 44-32-501

Regulation of race meets and racing-related businesses - additional facilities - rules
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(1) (a) The commission shall license and regulate all race meets with pari-
mutuel wagering held in this state at which horses participate, and shall cause the places where
the race meets are held to be visited and inspected at least once a year by its members or
employees, and shall require all places to be constructed, maintained, and operated in accordance
with the laws of this state and the rules of the commission.
(b) The commission shall license and regulate all kennels and stables housing racing
animals both in connection with a race meet and to protect the general health and welfare of
horses. The commission shall cause the stables to be visited and inspected at least once a year by
its members or employees and shall require all such places to be constructed, maintained, and
operated in accordance with the laws of this state and the rules of the commission.
(2) (a) (I) The commission shall, at its own expense, regulate the operations of pari-
mutuel machines and equipment, the operations of all money rooms, accounting rooms, and
sellers' and cashiers' windows, and the weighing of jockeys.
(II) The commission shall at its own expense take or cause to be taken saliva, urine,
blood, hair, or other body fluid samples or biopsy or necropsy specimens from horses selected by
the commission or its employees at race meets provided for under this article 32 or when
concerns are raised as to a particular animal, including the winner of a race, and shall test and
determine the samples or specimens or cause the samples or specimens to be tested and
determined.
(III) To protect the health and safety of licensees, racing employees, and the general
public, and to ensure the orderly conduct of race meets, the commission may at its own expense
take or cause to be taken, for cause or by random selection, saliva, urine, blood, hair, or other
body fluid samples from licensees. The commission shall promulgate reasonable rules
identifying the license categories subject to testing. The commission shall designate license
categories subject to testing based on the nature of the work performed or proximity to
dangerous conditions in the sport of horse racing. Samples may be collected by division
employees or by certified contractors in connection with race meets. The rules must include a
listing of prohibited substances. The commission shall test and determine the samples or
specimens, or cause the samples or specimens to be tested, to determine the presence of any
prohibited substance that may cause impairment, or mask or dilute the presence of a prohibited
substance.
(IV) The commission, at its own expense and in addition to other employees, shall
employ or contract with competent doctors, accountants, chemists, and other persons necessary
to supervise the conduct of race meets and to ascertain that this article 32 and the rules of the
commission are strictly complied with. The commission shall also seek innovative and efficient
methods of testing humans and horses for prohibited substances to ensure the safety of humans
and horses and maintain the integrity of racing. Through its bidding process, the commission
shall invite laboratories to include proposals for testing procedures and methods that would
maintain or improve the effectiveness of test results and minimize testing cost incurred by the
state or the racing industry.
(b) The commission shall establish and require compliance with internal control
procedures for licensees, including accounting and reporting procedures.
(c) The commission shall license and regulate persons who manufacture or operate
totalizators and shall require all totalizators to be manufactured, maintained, and operated in
accordance with the laws of this state and rules of the commission.
(d) The commission may license and regulate persons outside of Colorado who conduct
pari-mutuel wagering on simulcast races and who accept wagers from Colorado residents at out-
of-state simulcast facilities, and shall require out-of-state simulcast facilities to be maintained
and operated in accordance with the laws of this state and rules of the commission. Source
market fees imposed on persons licensed under this subsection (2)(d) shall not exceed ten
percent of the gross receipts of all pari-mutuel wagering by Colorado residents conducted by the
persons at out-of-state simulcast facilities.
(3) The commission shall license and regulate all in-state simulcast facilities conducting
pari-mutuel wagering and shall require all such in-state simulcast facilities to be maintained and
operated in accordance with the laws of this state and rules of the commission.
(3.5) An additional facility, as described in section 44-32-102 (11)(a)(II), must not be
located within fifty miles of any class B horse track operated by another licensee without the
written consent of the other licensee. The commission shall establish by rule the means of
obtaining the consent.
(4) The commission shall, at its own expense, specifically regulate the operation by in-
state simulcast facilities of pari-mutuel machines and equipment, the operation of all money and
accounting facilities, and the operation of sellers' and cashiers' windows and ensure that the in-
state simulcast facility is handling wagering as part of the pari-mutuel system of the appropriate
track or simulcast facility and as part of the appropriate pari-mutuel pool, as designated in
section 44-32-703. For such purposes, the commission, at its own expense, and in addition to
other employees, shall employ the competent personnel necessary to supervise the wagering
through in-state simulcast facilities and to ascertain that this article 32 and the rules of the
commission are strictly complied with.
(5) A licensed track or its additional facility may be used for nonracing events upon
advance notice to the commission, subject to the authority of the commission and the division to
take all measures reasonably necessary to ensure that the nonracing events do not interfere with
the safe and proper conduct of racing or the suitability of the track for racing.

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