Section 10023 - Application; rejection; award of dates and maximum racing days; qualifications for license(a) The application for a license to conduct a harness horse race meet shall be filed with the Commission on or before the 31st day of December of the year preceding that for which the license is requested but the Commission may, for a good cause, permit an application to be filed at a later date. The application shall specify the days on which harness horse racing is desired to be conducted and shall be in such form and supply such data and information, including a blueprint of the track and specifications of its surface and blueprints and specifications of buildings and grandstand on the land where the meet is to be conducted as the Commission prescribes, provided, however, that it shall not be necessary for the applicant to submit blueprints and specifications with the application if the race meet for which a license is requested is to be conducted at a track for which the Commission granted a license for the preceding year. The blueprints and specifications shall be subject to the approval of the Commission, which, at the expense of the applicant, may order such engineering examination thereof as to the Commission seems necessary. The erection and construction of the track, grandstand and buildings of any applicant for a license to conduct harness horse racing under this chapter shall be subject to the inspection of the Commission, which may order such engineering examination as the Commission deems necessary at the expense of the applicant, and may employ such inspectors as the Commission considers necessary for that purpose.
In the event that an application is made for racing dates in Sussex County in compliance with subsection (c) of this section, it shall not be necessary for the applicant to submit blueprints and specifications with the application if the applicant plans to assign those dates applied for to another county.
(b) The Commission may reject any application for a license for any cause which it deems sufficient, and the action of the Commission shall be final.(c) The Commission shall, on or before the 15th of September of the year preceding that for which a license is desired, award all dates for harness horse racing in this State for the succeeding year; but the dates so awarded shall not exceed 340 days for any 1 licensee, but may exceed more than 340 days in the aggregate for all licensees. To the extent a licensee under this chapter conducts harness horse races during a given year, it shall, at a minimum, subject to the availability of racing stock, conduct live harness horse races on the same number of days as the licensee conducted live harness horse races between September 1, 1991, and April 1, 1992. The Commission may authorize any person, corporation or association licensed under this chapter to transfer all or a portion of the racing dates awarded to such licensee under this section to the track of any other person, corporation or association licensed under this chapter to conduct racing in this State; provided, that each licensee in Kent County which has requested and been awarded racing dates in any calendar year shall conduct a minimum of 8 weeks of racing at the track of such licensee during such year. Each licensee upon request shall be guaranteed a minimum of 8 weeks of racing. In awarding such racing dates, the Commission shall observe previous traditional seasons. There shall be no racing between the Saturday before and the Saturday after Christmas, unless Christmas falls on a Saturday or Sunday, in which case there shall be no racing between the Monday before Christmas, and the Monday after Christmas. The decision of the Commission regarding racing dates, including concurrent racing dates, shall be final. In addition, the Commission may award additional dates, beyond any limits prescribed elsewhere, for racing days limited exclusively to the receiving and accepting of wagers or bets on electronically televised simulcasts of harness horse races.(d) The Commission may meet subsequently to the 15th day of January of each year and award dates for harness horse racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with this chapter.(e) No license to conduct harness racing under this section shall be granted except to a private stock corporation formed and existing under the laws of the State for the purpose of conducting harness racing and businesses incident thereto, in compliance with the following conditions and requirements:(1) Before a license shall be issued under the provisions of this chapter, the applicant shall file with the Commission, in addition to other requirements of this chapter, the names, addresses and terms of office of its directors and officers and at such other time or times thereafter as they may be changed, the names and addresses of such directors and officers, a copy of the certificate of incorporation duly certified by the Secretary of State and a copy of its bylaws. Such applicant shall file with the Commission a copy of any amendment to its certificate of incorporation, duly certified as aforesaid, within 10 days after the effective date of any such amendment; (2) The board of directors of the applicant shall not be less than 5 in number;(3) The applicant shall have no other office except in the State;(4) Every applicant for a license shall file with the Commission at the time of application for a license a statement of its resources and liabilities. The Commission shall have access at all times to the books, records and accounts of the licensee;(5) No license shall be issued unless a majority of the board of directors and officers shall be bona fide residents of the State. 45 Del. Laws, c. 303, §§ 7, 8; 47 Del. Laws, c. 23, § 1; 28 Del. C. 1953, § 522; 49 Del. Laws, c. 192, §§ 1-4; 51 Del. Laws, c. 5; 51 Del. Laws, c. 337; 52 Del. Laws, c. 183; 52 Del. Laws, c. 276, § 1; 54 Del. Laws, c. 297; 55 Del. Laws, c. 223, §§ 1-5; 57 Del. Laws, c. 230; 57 Del. Laws, c. 455; 58 Del. Laws, c. 72; 60 Del. Laws, c. 4, § 1; 66 Del. Laws, c. 303, §261 (a); 68 Del. Laws, c. 214, §2; 68 Del. Laws, c. 254, §1; 69 Del. Laws, c. 446, §23.;