2003 Minnesota Statutes

     240.27 Exclusion of certain persons. 

    Subdivision 1.    Persons excluded.  The commission may 
 exclude from any and all licensed racetracks in the state a 
 person who:  

    (a) has been convicted of a felony under the laws of any 
 state or the United States; 

    (b) has had a license suspended, revoked, or denied by the 
 commission or by the racing authority of any other jurisdiction; 
 or 

    (c) is determined by the commission, on the basis of 
 evidence presented to it, to be a threat to the integrity of 
 racing in Minnesota.  

    Subd. 2.    Hearing; appeal.  An order to exclude a 
 person from any or all licensed racetracks in the state must be 
 made by the commission at a public hearing of which the person 
 to be excluded must have at least five days' notice.  If present 
 at the hearing, the person must be permitted to show cause why 
 the exclusion should not be ordered.  An appeal of the order may 
 be made in the same manner as other appeals under section 240.20.

    Subd. 3.    Notice to racetracks.  Upon issuing an order 
 excluding a person from any or all licensed racetracks, the 
 commission shall send a copy of the order to the excluded person 
 and to all racetracks or teleracing facilities named in it, 
 along with other information as it deems necessary to permit 
 compliance with the order.  

    Subd. 4.    Prohibitions.  It is a gross misdemeanor for 
 a person named in an exclusion order to enter, attempt to enter, 
 or be on the premises of a racetrack named in the order while it 
 is in effect, and for a person licensed to conduct racing or 
 operate a racetrack knowingly to permit an excluded person to 
 enter or be on the premises.  

    Subd. 5.    Exclusions by racetrack.  The holder of a 
 license to conduct racing may eject and exclude from its 
 premises any licensee or any other person who is in violation of 
 any state law or commission rule or order or who is a threat to 
 racing integrity or the public safety.  A person so excluded 
 from racetrack premises may appeal the exclusion to the 
 commission and must be given a public hearing on the appeal upon 
 request.  At the hearing the person must be given the 
 opportunity to show cause why the exclusion should not have been 
 ordered.  If the commission after the hearing finds that the 
 integrity of racing and the public safety do not justify the 
 exclusion, it shall order the racetrack making the exclusion to 
 reinstate or readmit the person.  An appeal of a commission 
 order upholding the exclusion is governed by section 240.20. 

    HIST: 1983 c 214 s 27; 1986 c 444; 1991 c 336 art 1 s 29; 1994 
 c 633 art 1 s 15; 1995 c 261 s 6-9