Chapter 10.30 HORSE RACING

(c) “Race meet” shall mean and include any seasonal exhibition, as determined by the Commission, of thoroughbred, quarter horse, and Appaloosa horse racing, or standardbred harness horse racing, where the parimutuel system is used.

(d) “Race day” shall mean any period of 24 hours beginning at midnight and included in the period of a race meet, and in the matter of civil penalties the word “day” means a calendar day.

(e) “Race” means a contest between horses for purse, stakes or reward on any licensed course and in the presence of judge or judges. A race which overfills may be contested in two or more divisions. The Commission in its discretion may create and define various types, categories and/or classifications of races.

(2) Singular shall include the plural, and the plural shall include the singular; and words importing one gender shall be regarded as including all other genders. [Ord. 54 § 1.0, 7-9-1981].

10.30.020 Tulalip Horse Racing Commission – Creation.

There is hereby created the Tulalip Horse Racing Commission, to consist of the Board of Directors of the Tulalip Tribes. [Ord. 54 § 2.0, 7-9-1981].

10.30.030 Tulalip Horse Racing Commission – Organization – Secretary – Records – Annual reports.

The Commission shall organize by electing one of its members Chairman, and shall appoint and/or employ a Secretary, and such other administrative, executive, regulatory, clerical, office, and other help as is necessary in the performance of the duties imposed upon it by this chapter. The Commission shall keep detailed records of all meetings and of the business transacted therein, and of all the collections and disbursements. The Commission shall prepare and submit an annual report to the general council. All records of the Commission shall be Tribal records and, as such, subject to inspection by members of the Tulalip Tribes. [Ord. 54 § 3.0, 7-9-1981].

10.30.040 Tulalip Horse Racing Commission – Compensation and travel expense.

Each member of the Tulalip Horse Racing Commission shall receive compensation for each day actually spent in the performance of his duties and travel expenses in accordance with Tribal Board policy in going to, attending and returning from meetings of the Commission, and travel expenses incurred in the discharge of such duties as may be required of him by a majority vote of the Commission. [Ord. 54 § 4.0, 7-9-1981].

10.30.050 Commission to fix time, place, duration of race meets – Race meet license – Participant’s license.

It shall be the duty of the Commission, as soon as it is possible after its organization, to prepare and promulgate a complete set of rules and regulations to govern the race meets under the jurisdiction of the Tulalip Tribes. It shall determine and announce the place, time and duration of race meets for which license fees are exacted; and it shall be the duty of each person holding a license under the authority of this chapter, and every owner, trainer, jockey, and attendant at any race course on the Tulalip Indian Reservation, to comply with all rules and regulations promulgated and all orders issued by the Commission. It shall be unlawful as contrary to this chapter for any person to hold any race meet without having first obtained and having in force and effect a license issued by the Commission as in this chapter provided; and it shall be unlawful as contrary to this chapter for any owner, trainer, or jockey to participate in race meets on the Tulalip Indian Reservation without first securing an annual license from the Commission, the fee for which shall be as established by the Commission from time to time.

An applicant who has such a similar license or permit issued by the State of Washington shall be prima facie eligible for issuance under this section. [Ord. 54 § 5.0, 7-9-1981].

10.30.060 Commission to regulate and license meets – Inspection.

The Commission created by this chapter is hereby authorized, and it shall be its duty, to license, regulate and supervise all race meets held under the jurisdiction of the Tulalip Tribes under the terms of this chapter, and to cause the various race courses of the Tulalip Indian Reservation under the jurisdiction of the Tulalip Tribes to be visited and inspected at least once a year. [Ord. 54 § 6.0, 7-9-1981].

10.30.070 Application for meet – Issuance of license – Fee – Cancellation.

Every person making application for license to hold a race meet, under the provisions of this chapter, shall file an application with the Commission which shall set forth the time, the place, the number of days such meet will continue, and such other information as the Commission may require. The Commission shall be the sole judge of whether or not the race meet shall be licensed and the number of days the meeting shall continue. No person who has been convicted of any crime involving moral turpitude shall be issued a license, nor shall any license be issued to any person who has violated the terms or provisions of this chapter, or any of the rules and regulations of the Commission made pursuant thereto, or who has failed to pay to the Commission any and all sums required under the provisions of this chapter. The license shall specify the number of days the race meet shall continue and the number of races per day, which shall be not less than six nor more than 10, and for which a fee shall be paid in advance of $200.00 for each day; provided, that if unforeseen obstacles arise, which prevent the holding or completion of any race meet, the license fee for the meeting, or for a portion which cannot be held, may be refunded the licensee, if the Commission deems the reasons for failure to hold or complete the race meet sufficient. Any unexpired license held by any person who violates any of the provisions of this chapter, or any of the rules or regulations of the Commission made pursuant thereto, or who fails to pay to the Commission any and all sums required under the provisions of this chapter, shall be subject to cancellation and revocation by the Commission. Such cancellation shall be made only after a summary hearing before the Commission, of which three days’ notice, in writing, shall be given the licensee specifying the grounds for the proposed cancellation, and at which hearing the licensee shall be given an opportunity to be heard in opposition to the proposed cancellation. [Ord. 54 § 7.0, 7-9-1981].

10.30.080 Prohibited practices – Parimutuel system permitted – Race meet as public nuisance.

(1) It shall be unlawful and contrary to this chapter:

(a) To conduct pool selling, bookmaking, or to circulate hand books; or

(b) To bet or wage on any horse race other than by the parimutuel method; or

(d) For any licensee to compute breaks in the parimutuel system other than at $0.05.

(2) Any willful violation of the terms of this chapter, or of any rule, regulation, or order of the Commission shall constitute a public nuisance and when such violation is by a person holding a license under this chapter, the Commission may cancel the license held by the offender, and such cancellation shall operate as a forfeiture of all rights and privileges granted by the Commission and of all sums of money paid to the Commission by the offender; and the action of the Commission in that respect shall be final.

(3) The Commission shall have power to exclude from any and all race courses of the Tulalip Indian Reservation under the jurisdiction of the Tulalip Tribes any person whom the Commission deems detrimental to the best interests of racing or any person who willfully violates any of the provisions of this chapter or of any rule, regulation, or order issued by the Commission.

(4) Every race meet held contrary to the provisions of this chapter is hereby declared to be a public nuisance. [Ord. 54 § 8.0, 7-9-1981].

10.30.090 Races for local breeders.

For the purpose of encouraging the breeding, within the exterior boundaries of the Tulalip Indian Reservation, and within Washington State, of valuable thoroughbred, quarter and/or standardbred race horses, at least one race of each day’s meet may consist exclusively of Tulalip-bred horses and at least one race of each day’s meet shall consist of Washington-bred horses. The Commission shall have the authority to authorize from time to time, as it may deem fit, race days of all Indian and/or Tulalip-bred horses. [Ord. 54 § 9.0, 7-9-1981].

10.30.100 Horses to be registered.

A quarter horse to be eligible for a race meet herein shall be duly registered with the American Quarter Horse Association. An Appaloosa horse to be eligible for a race meet herein shall be duly registered with the National Appaloosa Horse Club or any successor thereto. A thoroughbred horse to be eligible for a race meet herein shall be duly registered with The Jockey Club (New York, New York). A standardbred horse to be eligible for a race meet herein shall be duly registered with the appropriate agency, club or association as determined by the Commission. [Ord. 54 § 10.0, 7-9-1981].

10.30.110 Races limited to horses of same breed.

In any race meet in which quarter horses, thoroughbred horses and Appaloosa horses participate, only horses of the same breed shall be allowed to compete in any individual race. [Ord. 54 § 11.0, 7-9-1981].

10.30.120 Gross receipts and fees – Commission’s percentage – Disposition.

(1) In addition to the license fees required by this chapter, the licensee shall pay to the Commission the percentages of the gross receipts of all parimutuel machines at each race meet in accordance with TTC 10.30.150, which sums shall be paid daily to the Commission.

(2) All sums paid to the Commission, together with all sums collected for license fees under the provisions of this chapter, shall be disposed of by the Commission as follows: 20 percent thereof shall be retained by the Commission in a special account for the payment of the salaries of its members, secretary, clerical, office, and other help and all expenses incurred in carrying out the provisions of this chapter; provided, however, this retained percentage may be adjusted by the Board of Directors of the Tulalip Tribes from time to time as experience dictates so it shall not be more or less than is reasonably necessary for said purposes. No salary, wages, expenses, or compensation of any kind shall be paid by the Tulalip Tribes in connection with the work of the Commission. The remaining sums shall, on the next business day following the receipt thereof, be paid to the Tribal Treasurer to be deposited in the Tribal General Fund. The Commission may, with the approval of the Tulalip Board of Directors, retain any sum required for working capital. [Ord. 54 § 12.0, 7-9-1981].

10.30.130 Board of Directors findings – Responsibilities of Horse Racing Commission.

The Tulalip Board of Directors finds that:

(1) A primary responsibility of the Horse Racing Commission is the encouragement of the training and development of the equine industry on the Tulalip Indian Reservation; and

(2) The Horse Racing Commission has a further major responsibility to assure that any facility used as a race course shall be maintained and upgraded to ensure the continued safety of both the public and the horse at any time the facility is used for the training or contesting of these animals. [Ord. 54 § 13.0, 7-9-1981].

10.30.140 Additional one percent of gross receipts to be withheld – Payment to owners of Washington-bred – Payment of interest on one percent and amount retained by Commission under this chapter.

Notwithstanding any other provisions of this chapter to the contrary, the licensee shall withhold and shall pay daily to the Commission, in addition to the percentages authorized by TTC 10.30.120 and 10.30.170, as now or hereafter amended, and TTC 10.30.150, one percent of the gross receipts of all parimutuel machines at each race meet, which sums shall, at the end of each meet, be paid by the Commission to the licensed owners of those horses finishing first, second, third and fourth Washington State-bred (for the purposes of this section to include Tulalip-bred horses) only at each meet from which the additional one percent is derived in accordance with an equitable distribution formula to be promulgated by the Commission prior to the commencement of each race meet; provided, that nothing in this section shall apply to race meets which are nonprofit in nature, or of 10 days or less or which have an average daily handle of less than $120,000. [Ord. 54 § 14.0, 7-9-1981].

10.30.150 Gross receipts – Commission’s percentage.

For race meets which have gross receipts of all parimutuel machines averaging $500,000 or less for each authorized day of racing, the licensee shall pay to the Commission daily four percent of the gross receipts of all parimutuel machines at each race meet. For race meets which have gross receipts of all parimutuel machines averaging more than $500,000 for each authorized day of racing, the licensee shall pay to the Commission daily four and one-half percent of the gross receipts up to the first $500,000 daily of all parimutuel machines at each race meet. All receipts in excess of $500,000 shall be paid daily at the rate of five percent. [Ord. 54 § 15.0, 7-9-1981].

10.30.160 Broadcasting and motion picture rights reserved.

All television, video and radio broadcasting rights and motion picture rights in connection with meets licensed hereunder are reserved to the Tulalip Tribes and the Commission shall lease or license same only to the highest and best bidder. The exercise of such rights shall at all times be under the supervision of the Commission. All income therefrom shall be paid into the Tulalip Tribes General Fund. [Ord. 54 § 16.0, 7-9-1981].

10.30.170 Nonprofit race meets – Licensing authorized – Fees.

(1) Notwithstanding any other provision of this chapter, the Commission may license race meets which are nonprofit in nature of 10 days or less, and which have an average daily handle of $120,000 or less, at a daily licensing fee of $25.00 and a payment to the Commission of one percent of the gross receipts of all parimutuel pools during such race meet; provided, that the Commission may deny the application for a license to conduct a racing meet by a nonprofit association, if same shall be determined not to be a nonprofit association by the Board of Directors of the Tulalip Tribes.

(2) Notwithstanding any other provision of this chapter, the licensees of race meets which are nonprofit in nature, of 10 days or less, and which have an average daily handle of $120,000 or less, shall be permitted to retain 14 percent of the gross receipts of all parimutuel pools during such race meet.

(3) As a condition to the reduction in fees as provided for in subsection (1) of this section, all fees charged to horse owners, trainers, or jockeys, or any other fee charged for a permit incident to the running of such race meet, shall be retained by the Commission as reimbursement for its expenses incurred in connection with the particular race meet. [Ord. 54 § 17.0, 7-9-1981].

10.30.180 Employees of Commission – Employment restriction.

No employee of the Horse Racing Commission shall serve as an employee of any track at which that individual will also serve as an employee of the Commission. [Ord. 54 § 18.0, 7-9-1981].

10.30.190 Employees of Commission – Commissioners – Financial interest restrictions.

No employee nor any Commissioner of the Horse Racing Commission shall have any financial interest whatsoever in any track at which said employee serves as an agent or employee of the Commission or at any track with respect to a Commissioner. [Ord. 54 § 19.0, 7-9-1981].

10.30.200 Gross receipts – Retention of percentage by race meets.

(1) Licensees of race meets which have gross receipts of all parimutuel machines averaging more than $500,000 for each authorized day of racing may retain the following from the daily gross receipts of all parimutuel machines:

(a) From the first $500,000, the licensee may retain 10.5 percent of such gross receipts; and

(b) From any amount above the first $500,000, the licensee may retain 10 percent of such gross receipts.

(2) Race meets which have gross receipts of all parimutuel machines averaging $500,000 or less for each authorized day of racing may retain 11 percent from such gross receipts of any parimutuel machine.

(3) Of the amounts retained in subsections (1)(a) and (b) of this section, at least 50 percent of the amount above 10 percent shall be utilized to support the general purse structure of the race meet; except that all such increased revenue to the licensee to be utilized for purses will be in addition. The remaining amount above 10 percent shall be utilized for maintenance of the running surface, parking areas, and training and barn facilities. Any portion of the remainder may be utilized to support the general purse structure of the race meet. [Ord. 54 § 20.0, 7-9-1981].

10.30.210 Quarter horse and Appaloosa races – Disposition of gross receipts.

(1) Race meets of 25 days or less, which run 60 percent quarter horses and/or Appaloosa races, may retain 14 percent from the gross receipts of any parimutuel machine.

(2) For race meets of 25 days or less, which run 60 percent quarter horses and/or Appaloosa races, the licensee shall pay to the Commission daily one percent of the gross receipts of all parimutuel machines at each race meet. Such one percent shall be paid daily. [Ord. 54 § 21.0, 7-9-1981].

10.30.220 Civil remedies/enforcement.

Every race meet or activity thereat held within the exterior boundaries of the Tulalip Indian Reservation which is contrary to the provisions of this chapter is hereby prohibited and declared unlawful and a public nuisance, the remedy for which shall be an injunction and/or abatement and/or a civil fine(s) not to exceed $10,000 per day, per violation, and/or cancellation of any license and/or permit issued pursuant hereto, or both; except when authorized to be conducted by the Tulalip Horse Racing Commission pursuant to the control, rules and regulations of the Tulalip Horse Racing Commission. [Ord. 54 § 22.0, 7-9-1981].

10.30.230 Federal-State prohibitions – Construction with State-Federal law.

(1) It is the intent of this chapter to exert Tribal sovereignty and jurisdiction within the exterior boundaries of the Tulalip Indian Reservation and to preempt any civil/regulatory power and law, if any, of the State of Washington within said exterior boundaries concerning the subject matter of this chapter.

(2) Nothing herein nor any rule and/or regulation promulgated hereunder shall be construed to supersede or preempt either the criminal/prohibitory laws of the State of Washington or of the United States of America, insofar as said laws shall prohibit a race meet activity. [Ord. 54 § 23.0, 7-9-1981].

10.30.240 Severability.

In case any part or portion of this chapter shall be held unlawful, such holding shall not affect the validity of this chapter as a whole or any other part or portion of this chapter not adjudged unlawful. [Ord. 54 § 24.0, 7-9-1981].