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Rule No.Rule Title
1489Grounds for Denial or Refusal of License.
Rule Text(a) The Board, in addition to any other valid reason, may refuse to issue a license or deny a license to any person: (1) Who has been convicted of a crime punishable by imprisonment in a California state prison or a federal prison, or who has been convicted of a crime involving moral turpitude. (2) Who has been convicted of a crime in another jurisdiction which if committed in this state would be a felony. (3) Who has made any material misrepresentation or false statement to the Board or its agents in his or her application for license or otherwise, or who fails to answer any material question on an application for a license. (4) Who is unqualified to engage in the activities for which a license is required. (5) Who fails to disclose the true ownership or interest in any or all horses as required by any application. (6) Who is subject to exclusion or ejection from the racing inclosure or is within the classes of persons prohibited from participating in pari-mutuel wagering. (7) Who has committed an act involving moral turpitude, or intemperate acts which have exposed others to danger, or acts in connection with horse racing and/or a legalized gaming business which were fraudulent or in violation of a trust or duty. (8) Who has unlawfully engaged in or who has been convicted of possession, use or sale of any narcotic, dangerous drug, or marijuana. (9) Who is not permitted by any law to engage in the occupation for which the license is sought. (10) Who has violated, or who aids, abets or conspires with any person to violate any provision of the rules or the Horse Racing Law. (b) When considering the denial, suspension or revocation of a license under subparagraphs (a)(1), (a)(2), (a)(7), and (a)(8) of this section, pursuant to section 481 of the Business and Professions Code, a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a person applying for or holding a license under the Horse Racing Law, if to a substantial degree the crime or act evidences a present or potential unfitness to perform the functions authorized by his or her license or in a manner consistent with the public health, safety, or welfare. NOTE: Authority cited: Section 19440, Business and Professions Code. Reference: Sections 481, 19460, 19510 and 19572, Business and Professions Code. HISTORY: 1. Amendment filed 4-21-83; effective 5-21-83. 2. Amendment of subsection (a), new subsection (b) and relettering, and amendment of newly designated subsection (g) filed 1-6-93; effective 2-5-93. 3. Amendment filed 12-6-99; effective 12-6-99. 4. Amendment filed 4-12-16; effective 7-01-16.
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