Chapter 1 Division of Gaming and Athletics Licensing

41-1-1. Division of gaming and athletics licensing — Duties.

Within the department of business regulation there shall be a division of gaming and athletics licensing. The division shall supervise the enforcement of all laws relating to the regulation and control of racing and athletics, and may in the first instance make decisions and issue orders, subject to appeal to the racing and athletics hearing board. The division shall exercise all powers and duties prescribed by chapters 3, 3.1, 4, 5, 7, and 11 of this title, and all other acts relative to the regulation and supervision of horse racing, dog racing, and athletics, heretofore performed by the commission on horse racing and athletics. The division shall comply with § 42-14-14 in the conduct of any investigation related to any license application, permit and/or registration related to chapters 3, 3.1, 4, 7, and 11 of this title. The division may comply with § 42-14-14 in the conduct of any investigation related to any license application, permit and/or registration related to chapters 5 and 5.2 of this title. The investigation shall require the applicant to apply to the bureau of criminal identification of the Rhode Island state police or the Rhode Island department of the attorney general for a nationwide criminal records check with fingerprinting. The applicant shall be responsible for payment of the costs of the criminal records check. The Rhode Island state police or the Rhode Island department of the attorney general, as applicable, shall send the results of the criminal records check to the division. Once the results are sent to and received by the Rhode Island lottery, the Rhode Island state police and the Rhode Island department of attorney general shall promptly destroy the fingerprint record(s). On or before February 1, 2011, the agency shall adopt rules and regulations establishing criteria to be used in determining whether, based upon a criminal records check, an application will be approved.

History of Section. P.L. 1987, ch. 118, art. 25, § 2; P.L. 2010, ch. 252, § 2; P.L. 2016, ch. 528, § 2.

Repealed Sections.

The former chapter (P.L. 1934, ch. 2086, §§ 4, 25; P.L. 1934, ch. 2175, § 1; G.L. 1938, ch. 12, §§ 4, 20; P.L. 1939, ch. 660, §§ 26, 27; P.L. 1946, ch. 1746, §§ 1, 3, 5; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; P.L. 1952, ch. 2909, § 1; G.L. 1956, §§ 41-1-1 — 41-1-6; P.L. 1961, ch. 140, § 1), consisting of §§ 41-1-1 — 41-1-6 and concerning the commission on racing and athletics, was repealed by P.L. 1987, ch. 118, art. 25, § 1, effective June 22, 1987.

41-1-2. Collection of and accounting for racing taxes.

The division of gaming and athletics licensing shall exercise all the powers and duties prescribed by chapters 3, 3.1, and 4 of this title, and all subsequent acts in amendment thereof and in addition thereto, relating to the collection of and accounting for racing taxes and fees heretofore performed by the commission on horse racing and athletics.

History of Section. P.L. 1987, ch. 118, art. 25, § 2.

41-1-3. Construction of references — Continuity of functions.

  1. Whenever in any general or public law, and more particularly in this title, the words “commission on horse racing and athletics,” or the word “commission” in reference to the commission, shall appear, the words shall be deemed to refer to and mean the division of gaming and athletics licensing in the department of business regulation. The division shall be deemed and held to constitute a continuation of the former commission on horse racing and athletics. The governor is authorized to transfer or reallocate by executive order the whole, or any part of, the appropriation of the former commission on horse racing and athletics to the department and the division.
  2. Whenever in any general law or public law the words “division of racing and athletics” shall appear, the words shall be deemed to mean the division of gaming and athletics licensing in the department of business regulation.

History of Section. P.L. 1987, ch. 118, art. 25, § 2; P.L. 2007, ch. 76, § 1; P.L. 2007, ch. 81, § 1; P.L. 2016, ch. 528, § 2.

Chapter 2 Racing and Athletics Hearing Board

41-2-1. Board created — Appointment and removal of members.

  1. Within the executive department there shall be a racing and athletics hearing board. The hearing board shall consist of three (3) members, not more than two (2) of whom shall be members of the same political party, who shall be appointed by the governor as provided in this section. In the month of February in each odd numbered year, the governor shall appoint one member of the board to hold office until the first day of March in the sixth year after his or her appointment and until his or her successor is appointed and qualified to succeed the member whose term will next expire.
  2. Any vacancy which may occur in the board shall be filled by appointment by the governor for the remainder of the unexpired term. A member of the board may be removed by the governor only for cause, after being given a copy of charges against him or her and an opportunity to be heard publicly on the charges before the governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.

History of Section. P.L. 1939, ch. 660, § 126; impl. am. P.L. 1946, ch. 1746, § 1; G.L. 1956, § 41-2-1 ; P.L. 1997, ch. 326, § 145.

41-2-2. Chairperson of board — Compensation of members.

The members of the board shall elect one of their number as chairperson upon the appointment of any new member for a full term and whenever the office may become vacant. The members of the board shall not be compensated for their services on the board.

History of Section. P.L. 1939, ch. 660, § 126; G.L. 1956, § 41-2-2 ; P.L. 2005, ch. 117, art. 21, § 30.

41-2-3. Right of appeal from division.

The division of gaming and athletics licensing may in the first instance make decisions and issue orders as may to it seem proper in the administration of the provisions of laws that shall be, from time to time, assigned to its direction by the governor. Any person or persons aggrieved by a decision or order of the division of gaming and athletics licensing shall have the right to appeal to the racing and athletics hearing board by filing an appeal in writing with the board within seven (7) days from the service of the order or decision appealed from.

History of Section. P.L. 1939, ch. 660, § 127; P.L. 1940, ch. 821, § 2; impl. am. P.L. 1946, ch. 1746, §§ 1, 3; G.L. 1956, § 41-2-3 .

NOTES TO DECISIONS

Exhaustion of Administrative Remedies.

A plaintiff filing a declaratory judgment suit seeking a declaration that the issue of simulcasting should be placed on a city’s public referendum before the division could license simulcasting in that city pursuant to § 41-11-2 did not have to exhaust his administrative remedies by appealing to the division’s hearing board since the plaintiff ’s suit raised a pure question of law and there was no factual record that the hearing board could develop to aid the court in its decision. Burns v. Sundlun, 617 A.2d 114, 1992 R.I. LEXIS 210 (R.I. 1992).

Person Entitled to Appeal.

The failure of the commission to grant a license to a jockey to ride in the state caused him to be an aggrieved person entitling him to appeal. Greenhalgh v. McCanna, 90 R.I. 417 , 158 A.2d 878, 1960 R.I. LEXIS 37 (1960).

Person Not Entitled to Appeal.

Theater owners, whose business might be decreased if night racing were permitted, were not aggrieved parties entitled to appeal within the meaning of this section. Lampinski v. Rhode Island Racing & Athletics Comm'n, 94 R.I. 438 , 181 A.2d 438, 1962 R.I. LEXIS 99 (1962).

Neither theater owner nor home owners, whose complaint against permitting license for night racing was because of traffic conditions which would cause decreased theater attendance and difficulty of sleeping at night from the noise, were persons aggrieved entitled to appeal within the meaning of this section where board concluded that traffic conditions could be adequately handled by police authorities. Lampinski v. Rhode Island Racing & Athletics Comm'n, 94 R.I. 438 , 181 A.2d 438, 1962 R.I. LEXIS 99 (1962).

41-2-4. Hearing and decision by board.

Upon an appeal being taken from any decision or order, the racing and athletics hearing board shall hold and conduct hearings on the appeal to be governed by rules to be adopted by the board, and in the hearings the board shall not be bound by technical rules of evidence. The board shall sit as an impartial, independent body in order to make decisions affecting the public interest and private rights. It shall hear all appeals de novo as to both the law and the facts and its decisions shall be based upon the law and upon the evidence presented to it by the division of gaming and athletics licensing and by the parties in interest. The concurrence of a majority of the board shall be sufficient for any decision.

History of Section. P.L. 1939, ch. 660, § 127; P.L. 1940, ch. 821, § 2; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-2-4 .

NOTES TO DECISIONS

Powers of Board.

While hearing before the board is de novo, it does not appear that it has any power to amend an application for license which was defective at time of application. Greenhalgh v. McCanna, 90 R.I. 417 , 158 A.2d 878, 1960 R.I. LEXIS 37 (1960).

Review of Board’s Action.

Certiorari to review the decision of the racing and athletics board suspending petitioner as a running horse trainer in this state, to determine whether or not he had been illegally found guilty of violating the regulations of the commission was a justiciable question which he was entitled to have judicially determined regardless of the fact that his term of suspension had expired, since the decision in this action could adversely affect petitioner in his calling as a trainer in this state and elsewhere. Brown v. Waldman, 93 R.I. 489 , 177 A.2d 179, 1962 R.I. LEXIS 12 (1962). (For present method of review see § 41-2-6 .)

41-2-5. Subpoena powers of board — Rules and regulations.

  1. The members of the racing and athletics hearing board are hereby severally authorized and empowered to administer oaths; and the board, in all cases of every nature pending before it, is hereby authorized and empowered to summon and examine witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates, and other legal evidence that may be necessary or proper for the determination and decision of any question before or the discharge of any duty required by law of the board.
  2. All subpoenas and subpoenas duces tecum shall be signed by the chairperson or, in the absence or disqualification of the chairperson, by any other member thereof, and shall be served as subpoenas are now served in civil cases in the superior court; and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are now provided for witnesses in civil cases in the superior court. If any person fails to obey the command of any subpoena, without reasonable cause, or if a person in attendance before the board shall, without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, the board may apply to any justice of the superior court, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) or more than five (5) days, directing the person to show cause why he or she should not be adjudged in contempt.
  3. Upon the return of an order, the justice before whom the matter is brought for a hearing shall examine under oath the person and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined, or to answer a legal and pertinent question, or to produce books, accounts, papers, records, and documents, material to the issue, that he or she was ordered to bring or produce, he or she may forthwith commit the person to the adult correctional institutions, there to remain until he or she submits to do the act that he or she was so required to do, or is discharged according to law.
  4. The board shall have power to adopt reasonable rules and regulations governing the procedure to be followed in any matter that may come before it for hearing.

History of Section. P.L. 1939, ch. 660, § 130; P.L. 1940, ch. 821, § 5; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 41-2-5 ; P.L. 2006, ch. 216, § 34.

41-2-6. Judicial review by superior court.

The division of gaming and athletics licensing or any party in interest, if aggrieved by a decision of the board, shall be entitled to judicial review as provided by chapter 35 of title 42.

History of Section. P.L. 1939, ch. 660, § 127, as enacted by P.L. 1940, ch. 821, § 2; G.L. 1956, § 41-2-6 ; as reen. 1969.

Collateral References.

Judicial review of administrative rule affecting conduct or outcome of publicly regulated horse, dog, or motor vehicle race. 36 A.L.R.4th 1169.

41-2-7. Exclusive remedy.

Notwithstanding the provisions of § 42-20-13 , or other provisions of laws, the procedures established by §§ 41-2-3 , 41-2-4 , and 41-2-6 shall constitute the exclusive remedies for persons aggrieved by any order or decision of the division of gaming and athletics licensing or of the racing and athletics hearing board.

History of Section. P.L. 1939, ch. 660, § 127; P.L. 1940, ch. 821, § 2; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-2-7 .

Chapter 3 Horse Racing

41-3-1. License required for racing.

No person, association, or corporation shall hold or conduct any meeting within the state where horse racing shall be permitted for any stake, purse, or reward, except such person, association, or corporation as shall be licensed by the division of gaming and athletics licensing as provided in this chapter, and after an affirmative vote of the qualified electors as provided in chapter 9 of this title.

History of Section. P.L. 1934, ch. 2086, § 6; G.L. 1938, ch. 12, § 6; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-1 ; P.L. 1981, ch. 233, § 4; P.L. 1997, ch. 326, § 146.

Cross References.

Duties of the division of gaming and athletics licensing, § 41-1-2 .

Forfeiture of horses used in unlawful race, § 11-19-16 .

Testing speed of horse on highway, penalty, § 11-22-11 .

Comparative Legislation.

Racing licenses:

Conn. Gen. Stat. § 12-574 et seq.

Collateral References.

Contracts for breeding horses. 34 A.L.R.5th 651.

41-3-2. Town or city election on establishment of track.

Before a horse racing track shall be established in any town or city, the approval of the question as is required by chapter 9 of this title shall be necessary, and if consent be thus given, all further regulations shall rest with the division of gaming and athletics licensing.

History of Section. P.L. 1934, ch. 2086, § 17; G.L. 1938, ch. 12, § 17; P.L. 1952, ch. 3025, § 1; G.L. 1956, § 41-3-2 ; P.L. 1981, ch. 233, § 1.

41-3-3. Classes of licenses.

The division of gaming and athletics licensing shall be empowered to license race meets under the following classes:

  1. Class A. Horse running races, so-called.
  2. Class B. Competitive harness horse races that are run in connection with the grand circuit, so-called.
  3. Class C. Competitive harness horse races that are not run in connection with the grand circuit, so-called.
  4. Class D. Competitive horse races where there is no wagering.
  5. Class E. Harness racing by any incorporated association duly authorized to maintain agricultural exhibits.

History of Section. P.L. 1934, ch. 2086, § 9; G.L. 1938, ch. 12, § 9; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-3 .

41-3-4. Application for license — Action by division.

  1. Any person, association, or corporation desiring to conduct horse racing within this state shall apply to the division of gaming and athletics licensing for a license on forms provided by the division. The application shall specify the days on which horse racing is to be conducted, the location of the horse racing, and such other information as may be required by the division.
  2. The division may also require any person, association, or corporation to give information as to financial standing and credit. The division shall have the right to reject any applications for a license for any cause that it may deem sufficient, and the action of the division both as to the license and the date or award shall be final, subject to the right of appeal provided by chapter 2 of this title.
  3. The division shall, as far as practicable, avoid conflicts in the dates assigned or awarded for horse racing in the state.

History of Section. P.L. 1934, ch. 2086, § 10; G.L. 1938, ch. 12, § 10; impl. am. P.L. 1940, ch. 821, § 2; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-4 ; P.L. 2006, ch. 216, § 35.

NOTES TO DECISIONS

Construction.

It was not the intention of the statute consolidation commission, in inserting the words “subject to the right of appeal” in this section of the General Laws of 1956, to make a substantive change in the law, thus it was only inadvertent that the commission failed to omit the word “final” preceding such words. Testa v. Waldman, 93 R.I. 187 , 172 A.2d 338, 1961 R.I. LEXIS 92 (1961).

Discretion.

Racing and athletics hearing board did not abuse its discretion in denying application of state fair association for racing with pari-mutuel betting where there was considerable sentiment against gambling due to proximity of track to state university and girl scout camp, even though racing with pari-mutuel betting had been permitted in other years. Rhode Island State Fair Ass'n v. Racing & Athletics Hearing Bd., 80 R.I. 486 , 98 A.2d 821, 1953 R.I. LEXIS 100 (1953).

41-3-5. Award of dates for Class A racing.

The application for a Class A license shall be filed on or before the fifteenth day of February in any year and the division of gaming and athletics licensing having considered the applications, shall on or before the first day of April in any year, assign or award all dates for racing within the state for the current year; provided, however, that the division in its discretion, may receive applications at a later date and may change the assignment or award if, in its judgment, the change is found necessary, but prior to making the change it shall print a public notice in the newspapers and shall give the party aggrieved by the change an opportunity to be heard.

History of Section. P.L. 1934, ch. 2086, § 10; G.L. 1938, ch. 12, § 10; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-5 .

NOTES TO DECISIONS

Appeal From Action Under § 41-3-4 .

It would seem that the purpose of this section is to permit the original commission to make changes or alter assignments, which when originally made were not subject to controversy and thus this section is not part of the administrative procedure which must be followed before appealing from an action taken under § 41-3-4 . Testa v. Waldman, 93 R.I. 187 , 172 A.2d 338, 1961 R.I. LEXIS 92 (1961).

41-3-6. Renewal of Class A licenses.

Class A licenses, when granted, shall be renewable at the option of the licensee for a period of ten (10) years, provided the licensee complies with the provisions of this chapter and chapter 4 of this title.

History of Section. P.L. 1934, ch. 2086, § 17; G.L. 1938, ch. 12, § 17; P.L. 1952, ch. 3025, § 1; G.L. 1956, § 41-3-6 .

41-3-7. Rebate of license fees.

If by any reason or cause beyond the control of and through no fault or neglect of any licensee and while the licensee is not in default, it should become impossible or impracticable to conduct horse racing upon any day or days licensed by the division of gaming and athletics licensing, at the request of the licensee and upon sworn statements, submitted in writing by the licensee, the division may rebate all or part of the license fee.

History of Section. P.L. 1934, ch. 2086, § 15; G.L. 1938, ch. 12, § 15; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-7 .

41-3-8. Licensing of owners, trainers, jockeys, and other personnel.

The division, at its discretion, shall license owners, trainers, jockeys, starters, exercise boys, hotwalkers, grooms, and all other stable personnel as well as pari-mutuel employees, concessioners and vendors, security personnel, licensees, employees, pari-mutuel totalizator companies and their employees, and all employees of race track management.

History of Section. P.L. 1934, ch. 2086, § 8; G.L. 1938, ch. 12, § 8; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-8 ; P.L. 1960, ch. 74, § 18; P.L. 1973, ch. 79, § 1; P.L. 1981, ch. 308, § 1.

Cross References.

Corruption of sports participant or official, §§ 11-7-9 , 11-7-10 .

NOTES TO DECISIONS

Appeal by Jockey.

A jockey who is refused a license is entitled to appeal. Greenhalgh v. McCanna, 90 R.I. 417 , 158 A.2d 878, 1960 R.I. LEXIS 37 (1960).

Collateral References.

Disciplinary proceedings against horse trainer or jockey. 59 A.L.R.5th 203.

Validity of license tax on horse race. 58 A.L.R. 1343, 111 A.L.R. 778.

41-3-8.1. Licensing of concessioners, vendors, pari-mutuel totalizator companies, and employees.

  1. All persons, firms, partnerships, associations, or corporations desiring to operate any concession allied to any horse racing track, shall apply for a license to the division of racing and athletics, on such forms and in such a manner as prescribed by regulations of the division. The division, by regulation, shall establish other occupational licensing for all employees of the concessions, all pari-mutuel employees, and all persons employed in any other capacity by the race track management, and for other persons engaged in racing activities at any horse racing track.
  2. All persons, firms, associations, or corporations employed by the management of a horse racing track in providing pari-mutuel totalizator computer services for pari-mutuel computations, shall apply for a license to the division of racing and athletics upon such forms and in such manner as prescribed by regulations of the division. All employees of the pari-mutuel totalizator computer companies shall be licensed by the division on forms prescribed by regulations of the division.
  3. In determining whether to grant a license pursuant to this section, the division may require the applicant to submit information as to: financial standing and credit; moral character; criminal record, if any; previous employment; corporate, partnership or association affiliations; ownership of personal assets; and such other information as it deems pertinent to the issuance of the license. The division may reject for good cause an application for a license, and it may suspend or revoke for good cause any license issued by it after a hearing held in accordance with chapter 35 of title 42, and subject to further appeal procedures provided by § 41-2-3 .
  4. The issuance of a license and the payment of annual fees shall be in accordance with the following schedule:
    1. Concessionaire and vendors$100 (2) Occupational license: Owners5.00 Trainers5.00 Jockeys5.00 Apprentice jockeys5.00 Authorized agents5.00 Starters5.00 Stable employees5.00 Assumed names10.00 Colors5.00 (3) Vendors and concessionaries’ employees5.00 (4) Pari-mutuel employees5.00 (5) Employees of race track management5.00 (6) Pari-mutuel totalizator company100 (7) Pari-mutuel totalizator company employees5.00
  5. All individual applicants for licensing under this section shall be fingerprinted, and upon obtaining the license, shall wear upon his or her outer apparel a photo identification badge, issued or authorized by the division of gaming and athletics licensing under rules and regulations promulgated by the division.

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History of Section. P.L. 1981, ch. 308, § 2.

41-3-9. Rules as to betting and track operation — Deputies.

The division of gaming and athletics licensing may make rules and regulations governing the operation of the tracks and stables. The division may make rules regulating betting at the horse racing events. The division may, at its discretion, appoint deputies, not exceeding twenty-two (22), to perform such duties as the rules and regulations of the division may require.

History of Section. P.L. 1934, ch. 2086, § 7; G.L. 1938, ch. 12, § 7; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-9 ; P.L. 1972, ch. 65, § 1.

Cross References.

Discriminatory practices as to accommodations prohibited, § 11-24-1 et seq.

Invalidity of instruments won in bets on races, § 11-19-17 .

Racing in proximity to religious meetings, § 11-11-3 .

NOTES TO DECISIONS

Modification of Rule by Steward.

No rule or statute gives the state steward alone the right to order modifications in the rules or conduct of racing, unless he is delegated by previous suitable action on the part of the stewards as a body under the law and rules in force, and therefore he could not orally transmit to one placing judge what the steward considered an oral instruction from the chief of the division of horse racing (now division of gaming and athletics licensing) which would modify an existing rule. Narragansett Racing Ass'n v. Kiernan, 59 R.I. 79 , 194 A. 49, 1937 R.I. LEXIS 133 (1937).

Notice of Rule.

If a licensee under this chapter is to be held responsible for the violation by any of its employees or officials of any established rules, then previous notice of that rule must have been given to the licensee. Narragansett Racing Ass'n v. Kiernan, 59 R.I. 79 , 194 A. 49, 1937 R.I. LEXIS 133 (1937).

Rule to Preserve Order.

Where rule 593 of the race commission authorized a racetrack to preserve order when a meeting was not in progress and imposed the duty on the racetrack police force to perform this function when a meeting was in progress, this did not mean that the racetrack was not liable for acts of the police force constituting false arrest and assault and battery on a patron, since with § 41-3-17 , a duty is imposed on the racetrack to protect its patrons. Webbier v. Thoroughbred Racing Protective Bureau, 105 R.I. 605 , 254 A.2d 285, 1969 R.I. LEXIS 795 (1969).

41-3-9.1. Admittance in stable enclosure.

  1. No person shall enter the stable enclosure of a licensee of thoroughbred horses kept for a racing meeting without first obtaining the proper photo identification or permission in writing from the designated track security authority.
  2. Any person violating this section shall be guilty of a misdemeanor punishable by a fine up to one hundred dollars ($100) or a jail sentence of up to thirty (30) days or both for the first offense, and the second and subsequent offense shall be punishable by a fine up to two hundred ($200) dollars or up to ninety (90) days in jail or both.
  3. This section shall not apply to any police officer or firefighter in the exercise of his or her lawful duty.

History of Section. P.L. 1975, ch. 150, § 1.

41-3-10. Accounting methods.

The division of gaming and athletics licensing shall have the power to require that the books and financial or other statements of any person, corporation, or association licensed under the provisions of this chapter shall be kept in any manner that to the division may seem best, and the division shall also be authorized to visit, to investigate, and to place expert accountants and such other persons as it may deem necessary, in the offices, tracks, or places of business of any person, corporation, or association, for the purpose of satisfying itself that the division’s rules and regulations are strictly complied with.

History of Section. P.L. 1934, ch. 2086, § 7; G.L. 1938, ch. 12, § 7; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-10 .

41-3-11. Employees of licensees.

The division of gaming and athletics licensing may at any time for cause require the removal of any employee or official employed by any licensee hereunder.

History of Section. P.L. 1934, ch. 2086, § 7; G.L. 1938, ch. 12, § 7; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-11 .

NOTES TO DECISIONS

Discharge of Employees.

State division of horse racing could not order discharge of employee of licensee for interfering with steward where interference was not in performance of his duty as a steward as charged but where threats and intimidations were personal. Narragansett Racing Ass'n v. Kiernan, 59 R.I. 79 , 194 A. 49, 1937 R.I. LEXIS 133 (1937).

“For Cause.”

The words “for cause” in this section limit the power of the state division of horse racing (now the division of gaming and athletics licensing) to order removal of an employee and official of a licensee and require the presence of substantial grounds, established by legally sufficient evidence in a quasi-judicial hearing. Narragansett Racing Ass'n v. Kiernan, 59 R.I. 79 , 194 A. 49, 1937 R.I. LEXIS 133 (1937).

41-3-12. Compelling production of records.

The division of gaming and athletics licensing shall have power to compel the production of any and all books, memoranda, or documents showing the receipts and disbursements of any person, corporation, or association licensed under the provisions of this chapter to conduct race meetings.

History of Section. P.L. 1934, ch. 2086, § 7; G.L. 1938, ch. 12, § 7; impl. am P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-12 .

41-3-13. Witnesses before division.

The division of gaming and athletics licensing shall have power to summon witnesses before it and to administer oaths or affirmations to the witnesses whenever, in the judgment of the division, it may be necessary for the effectual discharge of its duties; and any person failing to appear before the division at the time and place specified in answer to the summons, or refusing to testify, shall be guilty of a misdemeanor and, upon conviction in a court of competent jurisdiction, shall be punished by a fine of not more than five hundred dollars ($500) or by a sentence to the adult correctional institutions for not more than six (6) months, or by a sentence to both a fine and imprisonment, in the judgment of the court. False swearing on the part of any witnesses shall be deemed perjury, and shall be punished as perjury.

History of Section. P.L. 1934, ch. 2086, § 7; G.L. 1938, ch. 12, § 7; impl. am. P.L. 1946, ch. 1746, § 3; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 41-3-13 .

41-3-14. Suspension or revocation of license.

Any license granted under the provisions of this chapter shall be subject to the rules and regulations set forth by the division of gaming and athletics licensing, and shall be subject to suspension or revocation for any cause that the division shall deem sufficient, after giving the licensee a reasonable opportunity for a hearing at which he or she shall have the right to be represented by counsel. If any license is suspended or revoked, the division shall state the reasons for the suspension or revocation and cause an entry of the reasons to be made on the record books of the division.

History of Section. P.L. 1934, ch. 2086, § 11; G.L. 1938, ch. 12, § 11; impl. am. P.L. 1946, ch. 1746, § 11; G.L. 1956, § 41-3-14 .

NOTES TO DECISIONS

Suspension of License.

Suspension of license to engage in racing activity was sustained for failing to reveal convictions for crimes 25 years prior thereto, though petitioner had revealed, in answer to question as to whether he had ever been arrested or charged with a crime, an investigation upon which grand jury found no bill. LOMBARDO v. DISANDRO, 81 R.I. 393 , 103 A.2d 557, 1954 R.I. LEXIS 99 (1954).

41-3-15. Penalty for unauthorized racing.

Any person aiding or abetting in the conduct of any meeting within this state at which racing of horses shall be permitted for any stake, purse, or reward, except in accordance with a license duly issued and unsuspended or un-revoked by the division of gaming and athletics licensing, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than five hundred dollars ($500) for each day of the unauthorized meeting or by imprisonment for not exceeding six (6) months, or both a fine and imprisonment, in the discretion of the court.

History of Section. P.L. 1934, ch. 2086, § 18; G.L. 1938, ch. 12, § 18; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-3-15 .

41-3-16. Municipal taxation of tracks.

No fee, tax, or other emolument shall be exacted by any city or town for the use of track or events conducted thereon under the provisions of this chapter, and the right to establish any fees, taxes, or other emoluments shall rest with the division of gaming and athletics licensing in accordance with law; provided, however, that nothing in this chapter or chapter 4 of this title contained shall be construed to prevent any city or town from assessing and collecting taxes upon the real and personal property used by or in connection with any racing track.

History of Section. P.L. 1934, ch. 2086, § 17; G.L. 1938, ch. 12, § 17; P.L. 1952, ch. 3025, § 1; G.L. 1956, § 41-3-16 .

Cross References.

Sales and use taxes, horses claimed during horse race meeting, § 44-18-15 .

41-3-17. Ejection of undesirable persons — Rights of licensee.

Any licensee under this chapter shall have the right to refuse admission to and to eject from the enclosure of any pari-mutuel facility where a pari-mutuel meeting licensed under the provisions of this chapter, is being held, any person or persons whose presence within the enclosure is, in the sole judgment of the licensee, its agents, or servants, undesirable.

History of Section. P.L. 1960, ch. 148, § 1; P.L. 1981, ch. 426, § 1; P.L. 1997, ch. 326, § 146.

NOTES TO DECISIONS

Purpose.

This section abrogates the common law rule permitting a racetrack operator to exclude or eject any person from its premises without having to show cause therefor, and establishes as a precondition to such an exclusion or ejectment a determination by the racetrack operator that such a person is undesirable and that his presence is inconsistent with the orderly and proper conduct of the race meeting. Narragansett Racing Ass'n v. Mazzaro, 116 R.I. 354 , 357 A.2d 442, 1976 R.I. LEXIS 1285 (1976).

Civil Liability.

Race track in enforcing its obligations under this section cannot avoid liability by hiring a third person to carry out this activity. Webbier v. Thoroughbred Racing Protective Bureau, 105 R.I. 605 , 254 A.2d 285, 1969 R.I. LEXIS 795 (1969).

Common Law.

At common law, the operator of a race track had the right to exclude any person he deemed undesirable without being compelled to show the reasons therefor. Burrillville Racing Ass'n v. Mello, 107 R.I. 669 , 270 A.2d 513, 1970 R.I. LEXIS 822 (1970).

Disruption of Orderly Conduct.

Trial court improperly granted relief to race track operator permanently enjoining patron from the premises where only evidence of defendant’s disruption of orderly conduct of the race track was testimony that the track management believed he cashed winning tickets of others for a fee to avoid disclosure of such winners’ names to the Internal Revenue Service. Burrillville Racing Ass'n v. Garabedian, 113 R.I. 134 , 318 A.2d 469, 1974 R.I. LEXIS 1149 (1974).

Police Power.

This section does not authorize detention of a suspected person. Webbier v. Thoroughbred Racing Protective Bureau, 105 R.I. 605 , 254 A.2d 285, 1969 R.I. LEXIS 795 (1969).

41-3-18. Penalty for refusing to leave.

Any person or persons within the enclosure deemed undesirable by the licensee, its agents, or servants or who has been ordered to leave or who has been previously ejected, shall, upon refusal to leave, be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100) or imprisoned not more than one year, or both.

History of Section. P.L. 1960, ch. 148, § 1.

41-3-19. Severability.

The invalidity of any sections or parts of any section or sections of this chapter or chapter 4 of this title shall not affect the validity of the remainder of the chapters.

History of Section. P.L. 1934, ch. 2086, § 19; G.L. 1938, ch. 12, § 19; G.L. 1956, § 41-3-17 ; G.L. 1956, § 41-3-19 , P.L. 1960, ch. 148, § 1.

41-3-20. Majority of directors of licensee to be residents.

The majority of the membership of the board of directors of any corporation licensed to hold or conduct any meeting within the state where horse racing shall be permitted for any stake, purse, or reward, shall be residents of the state.

History of Section. P.L. 1960, ch. 202, § 1.

41-3-21. Chemical test.

There shall be administered to the first three (3) finishers and to the last finisher of every horse race, the appropriate chemical test authorized by the division of gaming and athletics licensing.

History of Section. P.L. 1978, ch. 329, § 1.

Chapter 3.1 Dog Racing in Burrillville, Lincoln, and West Greenwich

41-3.1-1. Operation of dog racing facilities.

Any person desiring to operate a facility for the exhibition of the sport called dog racing in the towns of Burrillville, Lincoln, and West Greenwich, may do so upon the compliance with the terms and provisions of this chapter and pursuant to the provisions of chapter 9 of this title.

History of Section. P.L. 1976, ch. 341, § 1; P.L. 1981, ch. 233, § 2.

41-3.1-2. “Sports facilities” defined.

The words “sports facilities” as used in this chapter, means a building or enclosure in which dog racing is conducted.

History of Section. P.L. 1976, ch. 341, § 1.

41-3.1-3. Regulation of operations.

  1. The division of gaming and athletics licensing is hereby authorized to license dog racing in the towns of Burrillville, Lincoln, and West Greenwich. The operation of a dog track shall be under the division’s supervision. The division is hereby authorized to issue rules and regulations for the supervision of the operations, and the regulations are to be issued prior to commencement of licensing hearings.
  2. Any license granted under the provisions of this chapter shall be subject to the rules and regulations promulgated by the division and shall be subject to suspension or revocation for any cause that the division shall deem sufficient after giving the licensee a reasonable opportunity for a hearing at which he or she shall have the right to be represented by counsel. If any license is suspended or revoked, the division shall state the reasons for the suspension or revocation and cause an entry of the reasons to be made on the record books of the division.
  3. The division of gaming and athletics licensing in the department of business regulation shall be prohibited from licensing dog racing and/or the operation of a dog track upon which dog racing occurs in the town of Lincoln. Any license having been issued and in effect as of the effective date of this section shall be null and void and any licensee shall be prohibited from operating thereunder; provided, however, that the following entities shall be deemed pari-mutuel licensees as defined in § 42-61.2-1 et seq. and licensees as defined in § 41-11-1 et seq.: (1) Any entity having been issued a license to operate a dog track prior to December 31, 2008; and (2) Any entity having been issued a license to operate a dog track prior to December 31, 2008, that after that date is reorganized under a confirmed plan of reorganization pursuant to chapter 11 of title 11 of the United States Bankruptcy Code (11 U.S.C. §§ 101 — 1532); and provided, further, that in the case of a reorganized licensee under clause (2), its application for a facility permit license is approved and issued by the department of business regulation in the event of a proposed change in control of the entity. Nothing herein shall limit the ability of the department of business regulation, in connection with a proposed change in control, to investigate and subject to the regulatory due diligence process, any holder of an ownership interest regardless of percentage of ownership held.

History of Section. P.L. 1976, ch. 341, § 1; P.L. 2010, ch. 13, § 1; P.L. 2016, ch. 528, § 3.

Federal Act References.

Chapter 11 of title 11 of the United States Bankruptcy Code, referred to in subsection (c) of this section, is codified at 11 U.S.C. § 1101 et seq.

41-3.1-4. Powers and duties of gaming and athletics licensing division.

In addition to the other powers conferred upon the division, the division of gaming and athletics licensing shall carry out the provisions of this chapter, and to that end, the division may:

  1. Personally, or by agent, supervise and check the making of pari-mutuel pools and wagers and the distribution therefrom;
  2. Fix and set the dates within which any dog track may be operated; provided, however, there shall be at least one hundred twenty-five (125) days annually of the operation; and
  3. Require any applicant for a permit to operate a dog track to file an application under oath setting forth:
    1. The full name of the person, firm, corporation, or association, and if a corporation, the name of the state under which it is incorporated, as well as the names of the officers and directors of the corporation, and their places of residence, or if an association, the name and residence of the members of the association;
    2. The exact location where it is desired to operate a dog track;
    3. Whether or not the dog track is owned or leased, and if leased, the name, residence, and address of the owners or lessees, or if the owner or lessee be a corporation, the name and address of the officers and directors thereof;
    4. A statement of the assets and liabilities of the person, firm, corporation, or association making application for the permit; and
    5. Other information as the division may require.

History of Section. P.L. 1976, ch. 341, § 1; P.L. 2016, ch. 528, § 3.

Cross References.

Duties of the division of gaming and athletics licensing generally, § 41-1-2 .

41-3.1-5. Wages and pari-mutuel pools permitted within enclosure of dog track.

The pari-mutuel system, so called, or other form of betting system authorized by this chapter, shall not be used or permitted at any location other than the race track at which the dog racing event is licensed to be conducted.

History of Section. P.L. 1976, ch. 341, § 1.

Collateral References.

Validity, construction, and application of statute or ordinance prohibiting or regulating use of messenger services to place wagers in pari-mutuel pool. 78 A.L.R.4th 483.

41-3.1-5.1. Sale or purchase of twin-double tickets.

The sale or purchase of twin-double tickets or attempting to aid or abet in the sale or purchase of twin-double tickets through solicitation of patrons attending, other than through pari-mutuel machines, is prohibited. Any person violating the provisions of this section shall be denied admission to all dog tracks in the state and may be prosecuted. Persons convicted of violating the provisions of this chapter shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for up to one year, or both.

History of Section. P.L. 1979, ch. 294, § 1.

41-3.1-6. Tax on betting and licensee’s commission.

    1. The commission of a licensee on pari-mutuel pools and wagers shall be eighteen percent (18%) of the amount contributed thereto.
    2. After deducting the commission and the “breaks,” hereafter defined, a pari-mutuel pool shall be redistributed to the contributors. The licensee conducting these events pursuant to this chapter shall pay a tax to the state of five and one-half percent (5.5%) of the amounts contributed to the pari-mutuel pool. The licensee shall pay a tax of one-half of one percent (.5%) of the pool to each city or town in which any portion of the racing facility, including parking areas, storage areas, buildings, and entrances or exits to or from property being used in conjunction with the operation of dog racing, is located.
  1. Redistribution of funds otherwise distributable to the contributors to the pari-mutuel pools shall be a sum equal to the next lowest multiple of ten (10).
  2. No distribution of a pari-mutuel pool shall be made of the odd cents of any sum otherwise distributable, which odd cents shall be known as the “breaks.”
  3. The “breaks” shall be known as the difference between the amount contributed to a pari-mutuel pool and the total of the commission of the licensee and the sums actually redistributed to the contributors.
  4. No person or corporation shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for any gratuity, and no person shall purchase any part of a pari-mutuel pool, through another, wherein he or she gives or pays directly or indirectly the other person anything of value, and any person violating this section shall be fined the sum of five hundred dollars ($500) for each violation.

History of Section. P.L. 1976, ch. 341, § 1.

41-3.1-7. Distribution of funds.

All money mentioned in this chapter derived from taxes on wagers and pari-mutuel pools shall be disbursed by the state treasurer pursuant to chapter 4 of this title. Except as is inconsistent therewith, the provisions of chapters 3 and 4 of this title shall apply to the sport of dog racing.

History of Section. P.L. 1976, ch. 341, § 1.

41-3.1-8. Tax on breaks — Distribution.

  1. A tax is hereby levied upon every pari-mutuel pool conducted at the dog track, equal to fifty percent (50%) of the “breaks” as defined in § 41-3.1-6(d) .
  2. It shall be the duty of every dog track licensee to pay unto the state treasurer the tax hereby levied and the licensee shall be liable therefor.

History of Section. P.L. 1976, ch. 341, § 1.

41-3.1-9. Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications, and to this end the provisions of this chapter are severable.

History of Section. P.L. 1976, ch. 341, § 1.

41-3.1-10. Chemical test.

There shall be administered to one randomly selected finisher, of every dog race, the appropriate chemical test authorized by the division of gaming and athletics licensing. The department of business regulation is authorized to establish by rule and regulation procedures required for the chemical testing.

History of Section. P.L. 1978, ch. 329, § 2; P.L. 1986, ch. 287, art. 19, § 1; P.L. 1991, ch. 97, § 1; P.L. 1995, ch. 370, art. 40, § 124; P.L. 1997, ch. 30, art. 13, § 2; P.L. 2000, ch. 55, art. 15, § 1; P.L. 2003, ch. 424, § 1.

41-3.1-11. Applications — Disclosure requirements.

Upon filing of an application(s) to the department of business regulation or the division of lotteries with respect to a parimutuel or video lottery license, the department of business regulation and/or the division of lotteries, as the case may be, shall, upon a proper request made pursuant to chapter 2 of title 38, entitled “access to public records,” disclose the name, business address, and contact person of the person or entity filing such an application in accordance with chapter 2 of title 38. Any and all other personal or financial information contained in the application(s) is expressly exempted from provisions of chapter 2 of title 38 and is hereby deemed not to be a public record as defined therein.

History of Section. P.L. 2010, ch. 302, § 1.

Chapter 4 Mutuel Betting and License Fees

41-4-1. Meets at which betting authorized — Types of mutuels.

  1. The division of gaming and athletics licensing may permit at racing events, licensed under the provisions of chapter 3 of this title, betting under pari-mutuel system, so-called, or auction mutuel system, so-called, except as otherwise provided in this chapter.
  2. Events run under Class A shall be conducted under the pari-mutuel system only.
  3. Events run under Classes B, C, and E shall be conducted under the pari-mutuel or auction mutuel system as the division may determine.

History of Section. P.L. 1934, ch. 2086, § 12; G.L. 1938, ch. 12, § 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-1 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 1958, ch. 17, art. 6, § 1; P.L. 1997, ch. 326, § 147; P.L. 2016, ch. 528, § 4.

Cross References.

Duties of the division of gaming and athletics licensing, § 41-1-2 .

Comparative Legislation.

Pari-mutuel wagering:

Conn. Gen. Stat. § 12-575.

Mass. Ann. Laws ch. 23K, § 1 et seq.

Collateral References.

Law of forum against wagering transaction as precluding enforcement of claim based on gambling transactions valid under applicable foreign law. 71 A.L.R.3d 178.

41-4-2. Betting only at track — Minors prohibited.

The pari-mutuel system, so-called, or other form of betting system authorized by this chapter, shall not be used or permitted at any location other than the race track at which the horse racing event is licensed to be conducted. No licensee shall knowingly permit any minor to be a patron of the pari-mutuel system or other betting system authorized by this chapter.

History of Section. P.L. 1934, ch. 2086, § 13; G.L. 1938, ch. 12, § 13; G.L. 1956, § 41-4-2 ; P.L. 1958, ch. 17, art. 6, § 1.

Cross References.

Betting on horses, penalty, § 11-19-15 .

Bookmaking, penalty, § 11-19-14 .

Rules regulating betting, § 41-3-9 .

Collateral References.

Validity, construction, and application of statute or ordinance prohibiting or regulating use of messenger services to place wagers in pari-mutuel pool. 78 A.L.R.4th 483.

41-4-3. Tax on pari-mutuel betting.

  1. Each licensee conducting racing events under the pari-mutuel system shall pay to the state, and there is hereby imposed:
    1. A tax at the rate of three percent (3%) of the total money wagered on so-called straight (win, place, or show) wagering on the events; and
    2. A tax at the rate of six percent (6%) of the total money wagered on so-called exotic or multiple forms of wagering on the events; and
    3. A tax equal to one-half (1/2) of the breakage to the dime resulting from the wagering.
  2. Each licensee conducting harness horse racing events under the pari-mutuel system shall pay to the state, and there is hereby imposed:
    1. A tax at the rate of five and one-half percent (5.5%) of so much of the total amount of money wagered daily on the events as does not exceed four hundred thousand dollars ($400,000); six and three quarters percent (6.75%) of so much thereof as exceeds four hundred thousand dollars ($400,000), but does not exceed four hundred and fifty thousand dollars ($450,000); seven and one quarter percent (7.25%) of so much thereof as exceeds four hundred and fifty thousand dollars ($450,000), but does not exceed five hundred thousand dollars ($500,000); and ten percent (10%) of so much of the total amount of money wagered on the events as exceeds five hundred thousand dollars ($500,000);
    2. A tax equal to one-half (1/2) of the breakage to the dime resulting from the wagering.
  3. Each licensee conducting dog racing events under the pari-mutuel system shall pay to the state, and there is hereby imposed, a tax on such events at the rate of:
    1. Five and one-half percent (5.5%) of the first one hundred and fifty thousand dollars ($150,000) of money wagered daily; plus nine percent (9%) on amounts wagered from one hundred and fifty thousand dollars ($150,000) to two hundred and fifty thousand dollars ($250,000); plus ten and one quarter percent (10.25%) on amounts wagered from two hundred and fifty thousand dollars ($250,000) to three hundred and seventy-five thousand dollars ($375,000); plus ten and three quarters percent (10.75%) on amounts wagered over three hundred and seventy-five thousand dollars ($375,000); and
    2. One-half (1/2) of the breakage to the dime resulting from the wagering.

History of Section. P.L. 1934, ch. 2086, § 12; G.L. 1938, ch. 12, § 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1945, ch. 1567, art. 4, § 1; P.L. 1946, ch. 1718, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-3 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 1958, ch. 17, art. 6, § 1; P.L. 1964, ch. 242, art. 6, § 1; P.L. 1968, ch. 114, § 1; P.L. 1971, ch. 222, § 1; P.L. 1972, ch. 49, § 1; P.L. 1977, ch. 147, § 1.

NOTES TO DECISIONS

Race Track Season.

Period of thoroughbred race track operation during which lower tax rate applied was the general time, i.e., season, when similar tracks were in operation throughout New England and fact that on one particular day only races scheduled in New England were in this state did not require operator to pay higher tax on that day’s receipts. Narragansett Racing Ass'n v. Norberg, 112 R.I. 791 , 316 A.2d 334, 1974 R.I. LEXIS 1509 (1974).

Collateral References.

Validity of license tax on horse race. 58 A.L.R. 1343, 111 A.L.R. 778.

41-4-4. Licensee’s commission under pari-mutuel system.

  1. Each licensee under the pari-mutuel system may retain as the licensee’s commission:
    1. Not to exceed sixteen percent (16%) of the total amount of money wagered on so-called straight (win, place, or show) wagering on events; and
    2. Not to exceed eighteen percent (18%) of the total amount of money wagered on so-called exotic or multiple forms of wagering on the events, and one-half (1/2) of the breakage to the dime resulting from the wagering.
  2. Each licensee conducting a harness horse racing meeting under the pari-mutuel system may retain as the licensee’s commission:
    1. Not to exceed eleven and one-half percent (11.5%) of so much of the total amount of money wagered daily on the events as does not exceed four hundred thousand dollars ($400,000); ten and one quarter percent (10.25%) of so much thereof as exceeds four hundred thousand dollars ($400,000), but does not exceed four hundred and fifty thousand dollars ($450,000); nine and three quarters percent (9.75%) of so much thereof as exceeds four hundred and fifty thousand dollars ($450,000), but does not exceed five hundred thousand dollars ($500,000); and seven percent (7%) of so much of the total amount of money wagered on the events as exceeds five hundred thousand dollars ($500,000); and
    2. One-half (1/2) of the breakage to the dime resulting from the wagering.
  3. Each licensee conducting dog racing events under the pari-mutuel system may retain as the licensee’s commission an amount not to exceed:
    1. Eleven and one-half percent (11.5%) of the first one hundred and fifty thousand dollars ($150,000) of money wagered daily; plus eight percent (8%) on amounts wagered from one hundred and fifty thousand dollars ($150,000) to two hundred and fifty thousand dollars ($250,000); plus six and three quarters percent (6.75%) on amounts wagered from two hundred and fifty thousand dollars ($250,000) to three hundred and seventy-five thousand dollars ($375,000); plus six and one quarter percent (6.25%) on amounts wagered over three hundred and seventy-five thousand dollars ($375,000); and
    2. One-half (1/2) of the breakage to the dime resulting from the wagering.

History of Section. P.L. 1934, ch. 2086, § 12; G.L. 1938, ch. 12, § 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1945, ch. 1567, art. 4, § 1; P.L. 1946, ch. 1718, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-4 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 1958, ch. 17, art. 6, § 1; P.L. 1964, ch. 242, art. 6, § 1; P.L. 1968, ch. 114, § 2; P.L. 1971, ch. 222, § 1; P.L. 1972, ch. 49, § 1; P.L. 1977, ch. 147, § 1.

41-4-4.1. Support of division activities — Tax.

  1. Notwithstanding the provisions of § 41-4-3 or § 41-3.1-6 , each licensee conducting racing events under the pari-mutuel system shall collect an additional five percent (5%) of all money wagered on the multiple pools at racing tracks. “Multiple pools” shall be defined as all forms of wagering other than win, place, and show. This five-percent (5%) tax shall be over and above the schedule of taxes as set forth in § 41-4-3 , and shall be distributed as follows:
    1. One and one-half percent (1.5%) shall be paid to the department of business regulation and these proceeds shall be deposited as general revenue.
    2. One-half of one percent (.5%) shall be paid to owners of dog kennels who are under contract with a licensee, who shall distribute funds to the owners of dog kennels in a manner consistent with the generally accepted distribution of dog kennel owners’ purses subject to an annual audit by the auditor general, or his or her designee.
    3. One and one-half percent (1.5%) shall be paid to the licensee provided that there is at least three hundred forty (340) scheduled performances during the calendar year.
    4. One and one-half percent (1.5%) shall be paid to the state and revert to the general fund.
  2. Notwithstanding the provisions of § 41-3.1-6 , each licensee conducting racing events under the pari-mutuel system shall collect an additional four percent (4%) of all moneys wagered on so-called straight (win, place, or show) wagering. This four percent (4%) tax shall be over and above the schedule of taxes as set forth in § 41-3.1-6 , and shall be distributed as follows:
    1. One percent (1%) shall be paid to the town of Lincoln;
    2. One percent (1%) shall be paid to owners of dog kennels who are under contract with a licensee, who shall distribute funds to the owners of dog kennels in a manner consistent with the generally accepted distribution of dog kennel owners’ purses subject to an annual audit by the auditor general, or his or her designee; and
    3. Two percent (2%) shall be paid to the state and revert to the general fund.

History of Section. P.L. 1987, ch. 118, art. 25, § 4; P.L. 1989, ch. 126, art. 15, § 1; P.L. 1990, ch. 65, art. 28, § 1; P.L. 1991, ch. 97, § 2; P.L. 1995, ch. 370, art. 26, § 1; P.L. 1995, ch. 370, art. 40, § 125; P.L. 1997, ch. 30, art. 13, § 1; P.L. 1998, ch. 441, § 25; P.L. 2006, ch. 216, § 36.

Repealed Sections.

The former section (P.L. 1977, ch. 147, § 2; P.L. 1980, ch. 398, § 1), concerning a greyhound race track capital improvement committee and tax for the benefit of the committee, was repealed by P.L. 1987, ch. 118, art. 25, § 3, effective June 22, 1987. The committee was to have been terminated on May 19, 1987 pursuant to the provisions of that former section. Section 4 of P.L. 1987, ch. 118, art. 25 enacted the present section, effective June 22, 1987.

41-4-5. Taxes and license fees under auction mutuel system.

If events are conducted under the auction mutuel system the following taxes and license fees are hereby imposed:

  1. As to Class B events, a tax of two percent (2%) of the total amount of money wagered and also a license fee of two hundred dollars ($200) per day;
  2. As to Class C events, a tax of one and one-half percent (1.5%) of the total amount of money wagered and also a license fee of fifty dollars ($50.00) per day;
  3. As to Class E events, a tax of one percent (1%) of the total amount of money wagered and also a license fee of twenty dollars ($20.00) per day.

History of Section. P.L. 1934, ch. 2086, § 12; G.L. 1938, ch. 12, § 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-5 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 1960, ch. 74, § 19.

41-4-6. Licensee’s commission under auction mutuel system.

Each licensee under the auction mutuel system may retain, as the licensee’s commission, not to exceed five percent (5%) of the total amount of money wagered.

History of Section. P.L. 1934, ch. 2086, § 12; G.L. 1938, ch. 12, § 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-6 ; R.P.L. 1957, ch. 44, art. 3, § 1.

41-4-7. Class D license fee.

Events run under Class D shall pay a fee not exceeding ten dollars ($10.00) per day; provided, however, that no wagering of any sort shall be allowed at the events.

History of Section. P.L. 1934, ch. 2086, § 12; G.L. 1938, ch. 12, § 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-7 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 1960, ch. 74, § 19.

41-4-8. Collection of taxes — Interest on delinquencies — Failure to pay on demand.

The tax administrator shall assess and collect the taxes imposed by this chapter under such rules and regulations as he or she may prescribe. All taxes hereby imposed shall be due and payable at the close of each day’s racing and any tax not paid upon demand of the tax administrator shall bear interest at the rate of six percent (6%) per annum from the time of the demand. Failure to pay any tax upon demand shall be cause for revocation of a license.

History of Section. G.L. 1938, ch. 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-8 ; R.P.L. 1957, ch. 44, art. 3, § 1.

Cross References.

Assessment and collection by tax administrator, § 44-1-2 .

41-4-9. Accounting system — Supervision of betting.

The division of gaming and athletics licensing shall devise a system of accounting and shall supervise betting at a track in a manner so that the rights of the state are protected, and shall collect all fees and licenses under rules and regulations as it shall prescribe.

History of Section. P.L. 1934, ch. 2086, § 12; G.L. 1938, ch. 12, § 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-9 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 2016, ch. 528, § 4.

41-4-9.1. Licensing of concessioners, vendors, and pari-mutuel totalizator companies.

  1. All persons, firms, partnerships, associations, or corporations desiring to operate any concession allied to any dog racing track, shall apply for a license to the division of gaming and athletics licensing, on such forms and in such a manner as prescribed by regulations of the division. The division, by regulations, shall establish other occupational licensing for all employees of the concessions, all pari-mutuel employees, and all persons employed in any other capacity by the race track management, and for other persons engaged in racing activities at any dog racing track.
  2. All persons, firms, associations, or corporations employed by the management of a dog racing track in providing pari-mutuel totalizator computer services for pari-mutuel computations, shall apply for a license to the division of gaming and athletics licensing upon such forms and in such manner prescribed by regulations of the division. All employees of the pari-mutuel totalizator computer companies shall be licensed by the division on forms prescribed by regulations of the division.
  3. In determining whether to grant a license pursuant to this section, the division may require the applicant to submit information as to: financial standing and credit; moral character; criminal record, if any; previous employment; corporate, partnership, or association affiliations; ownership of personal assets; and such other information as it deems pertinent to the issuance of the license. The division may reject, for good cause, an application for a license, and it may suspend or revoke, for good cause, any license issued by it after a hearing held in accordance with chapter 35 of title 42 and subject to further appeal procedures provided by § 41-2-3 .
  4. The division shall issue a three-year (3) license commencing with license year 2007. The division shall implement a graduated system in 2007 where one-third of licenses due to expire shall be renewed for one year; a second third of licenses due to expire shall be renewed for two (2) years; and the final third of licenses due to expire shall be renewed for three (3) years, with licensing fees prorated accordingly. As licenses become due for renewal, licenses shall be renewed for a three-year (3) period of time. All licenses issued shall be in accordance with regulations and the following schedule:
    1. For gaming facility employees: (A) Key employees$300.00 (B) Operation employees$150.00 (C) Service employees$75.00 (2) For gaming facility non-employees: (A) Concessionaires and vendors:$750.00 (B) Occupational licenses: Owners450.00 Trainers150.00 Assumed names150.00 Kennel people75.00 (C) Concessionaire and vendor’s employees75.00 (D) Pari-mutuel totalizator companies750.00 (E) Pari-mutuel totalizator company employees150.00
  5. All individual applicants for licensing under this section shall be fingerprinted, and, upon obtaining the license, shall wear upon his or her outer apparel a photo identification badge, issued or authorized by the division of gaming and athletics licensing under rules and regulations promulgated by the division.
  6. The cost of the licensing pursuant to this section shall be paid by the employer of the licensee, and shall include one hundred and fifty percent (150%) of the total salaries and benefits for the state employees engaged in the licensing at each facility. The fund shall be deposited as restricted receipts for the use of the state and shall be in addition to any taxes and fees otherwise payable to the state.

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History of Section. P.L. 1981, ch. 307, § 1; P.L. 1990, ch. 409, § 4; P.L. 1991, ch. 185, § 1; P.L. 1993, ch. 138, art. 62, § 8; P.L. 2007, ch. 73, art. 41, § 1; P.L. 2016, ch. 528, § 4.

41-4-10. Unclaimed winnings.

The amount of unclaimed money, as determined by the division of gaming and athletics licensing, now held or that shall hereafter be held by any licensee, on account of outstanding and un-cashed winning tickets, shall, at the expiration of one year after the close of the meeting during which the tickets were issued, be collected forthwith from the licensee by the division and shall be paid over to the general treasurer for the use of the state and all unclaimed money shall be held in an escrow account by the licensee until collected by the division.

History of Section. G.L. 1938, ch. 12; P.L. 1942, ch. 1212, art. 11, § 1; P.L. 1944, ch. 1449, § 1; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-10 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 1996, ch. 191, § 1; P.L. 2016, ch. 528, § 4.

41-4-11. Entry of premises for inspection of operations.

The division of gaming and athletics licensing may authorize members of the division, or duly authorized deputies, to enter upon the premises at any racing event for the purpose of inspecting books and records; supervising and examining cashiers, ticket sellers, pool sellers, and other persons handling money at the event; and other supervision as may be necessary for the maintenance of order at the event.

History of Section. P.L. 1934, ch. 2086, § 16; G.L. 1938, ch. 12, § 16; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-4-11 ; P.L. 2016, ch. 528, § 4.

41-4-12. Monthly statement of receipts — Payments to treasurer.

The division of gaming and athletics licensing shall, on or before the tenth day of each month, prepare and file with the general treasurer a full and complete statement of its receipts from all sources, and shall turn over to the general treasurer all moneys in its possession.

History of Section. P.L. 1934, ch. 2086, § 14; G.L. 1938, ch. 12, § 14; P.L. 1942, ch. 1212, art. 11, § 2; P.L. 1944, ch. 1449, § 2; P.L. 1945, ch. 1567, art. 4, § 2; P.L. 1946, ch. 1718, § 2; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-12 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 2016, ch. 528, § 4.

41-4-13. [Repealed.]

History of Section. P.L. 1934, ch. 2086, § 14; G.L. 1938, ch. 12, § 14; P.L. 1942, ch. 1212, art. 11, § 2; P.L. 1944, ch. 1449, § 2; P.L. 1945, ch. 1567, art. 4, § 2; P.L. 1946, ch. 1718, § 2; P.L. 1947, ch. 1887, art. 8, § 1; P.L. 1951, ch. 2733, art. 3, § 1; P.L. 1952, ch. 3026, art. 3, § 1; P.L. 1953, ch. 3150, art. 3, § 1; P.L. 1954, ch. 3254, art. 3, § 1; P.L. 1955, ch. 3521, art. 3, § 1; P.L. 1956, ch. 3739, art. 3, § 1; G.L. 1956, § 41-4-13 ; R.P.L. 1957, ch. 44, art. 3, § 1; P.L. 1958, ch. 17, art. 6, § 1; P.L. 1964, ch. 242, art. 6, § 1; P.L. 1966, ch. 75, § 1; P.L. 1968, ch. 114, § 3; P.L. 1971, ch. 222, § 1; Repealed by P.L. 1987, ch. 118, art. 7, § 4, effective June 22, 1987.

Compiler’s Notes.

Former § 41-4-13 concerned distribution of tax proceeds to cities and towns.

41-4-14. Dog racing — Distribution of pari-mutuel pool to communities where tracks located.

After deducting the commission and the “breaks,” as required by law, a pari-mutuel pool shall be redistributed to the contributors. The licensee of a dog track shall pay a tax to the state of five and one-half percent (5.5%) of the amounts contributed to the mutuel pool. The licensee shall pay a tax of one-half of one percent (.5%) of such pool to each city or town within whose borders the racing facility or any portion thereof, including parking areas, storage areas, buildings, and entrances or exits to or from the property being used in conjunction with the operation of dog racing, is located.

History of Section. P.L. 1975, ch. 229, § 1.

41-4-14.1. Local approval.

Section 41-4-14 shall take effect upon the approval of the voters of any city or town voting on the question allowing the sport of dog racing, subject, however, to an affirmative vote as provided in chapter 9 of this title.

History of Section. P.L. 1975, ch. 229, § 2; P.L. 1981, ch. 233, § 3.

Chapter 5 Boxing and Wrestling

41-5-1. License required for boxing exhibitions — Amateur exhibitions exempt.

  1. No boxing or sparring match or exhibition for a prize or a purse, or at which an admission fee is charged, either directly or indirectly, in the form of dues or otherwise, shall take place or be conducted in this state unless licensed by the division of gaming and athletics licensing in accordance with this chapter; provided, however, that the provisions of this chapter shall not apply to any boxing or sparring match or exhibition in which the contestants are amateurs and that is conducted under the supervision and control of:
    1. Any educational institution recognized by the council on postsecondary education and the council on elementary and secondary education of this state; or
    2. Any religious or charitable organization or society engaged in the training of youth and recognized as such by the division of gaming and athletics licensing of this state.
  2. For the purposes of this section, an “amateur” shall be deemed to mean a person who engages in boxing or sparring contests or exhibitions for which no cash prizes are awarded to the participants, and for which the prize competed for, if any, shall not exceed in value the sum of twenty-five dollars ($25.00).

History of Section. P.L. 1926, ch. 772, § 3; G.L. 1938, ch. 16, § 4; P.L. 1940, ch. 886, § 1; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-1 ; P.L. 2016, ch. 528, § 5.

Cross References.

Fighting by appointment, penalty, § 11-12-6 .

Town license required, § 5-22-4 .

Comparative Legislation.

Boxing and wrestling:

Conn. Gen. Stat. § 29-143i et seq.

Mass. Ann. Laws ch. 147, § 32 et seq.

NOTES TO DECISIONS

Licensing.

The commission is duly authorized to investigate the competency, responsibility, and character of a applicant for a boxing license, since the discretion vested in the commission applies to applications for both boxing licenses and promoters’ licenses. Zannelli v. Di Sandro, 84 R.I. 76 , 121 A.2d 652, 1956 R.I. LEXIS 20 (1956).

Collateral References.

Liability for injury to one attending wrestling or boxing match or exhibition. 14 A.L.R.3d 993.

41-5-2. [Repealed.]

History of Section. P.L. 1926, ch. 772, § 3; G.L. 1938, ch. 16, § 4; P.L. 1940, ch. 886, § 1; G.L. 1956, § 41-5-2 ; P.L. 1986, ch. 10, § 1; P.L. 1987, ch. 1, § 1; P.L. 1987, ch. 75, § 1; P.L. 1987, ch. 560, § 1; P.L. 1988, ch. 140, § 1; P.L. 1989, ch. 458, § 1; P.L. 1996, ch. 103, § 1; Repealed by P.L. 2003, ch. 313, § 1, effective July 17, 2003; P.L. 2003, ch. 399, § 1, effective July 17, 2003.

Compiler’s Notes.

Former § 41-5-2 concerned prohibiting boxing and wrestling on Sunday.

41-5-3. Application for license.

The division of gaming and athletics licensing, in the discretion of its chairperson or other officer charged with the enforcement of this chapter, may require any person applying for a license to furnish such information and references as it may desire. Applications for the license shall be accompanied by a fee of not less than ten dollars ($10.00) nor more than eight hundred dollars ($800), as the division shall fix. Voluntary or unincorporated associations shall not be entitled to receive a license, and applications in their behalf shall be made in the name of one or more officers thereof.

History of Section. P.L. 1926, ch. 772, § 3; G.L. 1938, ch. 16, § 4; P.L. 1940, ch. 886, § 1; impl. am. P.L. 1946, ch. 1746, § 13; G.L. 1956, § 41-5-3 ; P.L. 1960, ch. 74, § 20; P.L. 1984, ch. 399, § 1; P.L. 2016, ch. 528, § 5.

Cross References.

Incorporation of nonprofit corporations, § 7-6-1 et seq.

41-5-3.1. Required information on application.

  1. In addition to other information and references as the division of gaming and athletics licensing may require, an application for a license under § 41-5-1 shall include:
    1. A card or schedule of all persons who will perform as boxers in the boxing or sparring match or exhibition for which the license is sought;
    2. The full, legal name of each person, every professional or stage name used by him or her, and his or her date of birth and social security number;
    3. A current passport-type photograph of each person;
    4. The complete fight record of each person for the nine (9) months prior to the boxing or sparring match or exhibition for which the license is sought, including the full, legal name of his or her opponent, any professional or stage name used by his or her opponent at the time of the match or exhibition, and the date, place, and result of the match or exhibition;
    5. An itemization of the gross receipts and the expenses anticipated by the applicant in the conduct of the boxing or sparring match or exhibition for which the license is sought;
    6. A detailed summary of the contractual agreement between the applicant and each person who will perform as a boxer in the boxing or sparring match or exhibition for which the license is sought, including, among other things, the pecuniary gain or other consideration to be paid to or on behalf of each person by reason of his or her performance in the match or exhibition; and
    7. The name, date of birth, and social security number of the person who will collect, hold, and transmit to the general treasurer, on behalf of the applicant, the sums mentioned in § 41-5-1 5.
  2. Notwithstanding the issuance of a license to an applicant under § 41-5-1 , the license shall not be valid unless the holder thereof shall file with the division a sworn supplementary application updating the original application. The supplementary application shall be filed not more than thirty-six (36) nor less than twelve (12) hours prior to the starting time for the first event in the match or exhibition for which the holder has been licensed. In the event that the licensed match or exhibition is scheduled to be held on a day that is not an ordinary business day for the division, the supplementary application shall be filed with the division not less than six (6) hours prior to the close of the last ordinary business day for the division next before the scheduled day of the match or exhibition.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 2016, ch. 528, § 5.

41-5-3.2. License issued only to ring equipment owner.

No license shall be issued by the division of gaming and athletics licensing under § 41-5-1 to an applicant unless the applicant is the sole owner of the ring equipment to be used in the conduct of the boxing or sparring match or exhibition for which the license is sought. The division shall require that satisfactory proof of ownership accompany each application. Sole ownership includes any lease or rental agreement under which the applicant enjoys control and custody of the ring equipment substantially equivalent to that of a sole owner.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 2016, ch. 528, § 5.

41-5-3.3. Insurance required.

No license issued by the division of gaming and athletics licensing under § 41-5-1 shall be valid unless the license holder shall:

  1. Within thirty-six (36) hours of the starting time for the first event in the licensed boxing or sparring match or exhibition, have, in force, such contracts or policies of public liability insurance and such other contracts or policies of insurance in such amounts as the division shall reasonably require in connection with the conduct of the match or exhibition; and
  2. Within twenty-four (24) hours of the starting time, furnish to the division satisfactory proof that the insurance is in force.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 2016, ch. 528, § 5.

41-5-3.4. Promotion prohibited until license issued.

  1. No boxing or sparring match for which a license is required under § 41-5-1 shall be advertised, announced, or otherwise publicly promoted until:
    1. The license therefor has been issued by the division of gaming and athletics licensing; or
    2. The division approves the promotion after a substantially complete application for the license has been filed with the division.
  2. A violation of this section shall be adequate ground for the denial or revocation of a license.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 1986, ch. 198, § 30; P.L. 2016, ch. 528, § 5.

41-5-3.5. Inspections of premises and equipment required.

  1. No license shall be issued under § 41-5-1 unless the division of gaming and athletics licensing shall have inspected the building where the boxing or sparring match or exhibition is to be conducted and determined that the building is suitable for the proposed boxing or sparring match or exhibition. In determining suitability, the division shall consider the proposed location for the ring, the adequacy of the shower and dressing facilities for the performers, and all other matters relevant to the public welfare. The division shall re-inspect the premises within forty-eight (48) hours of the starting time for the first event in the licensed match or exhibition and, for good cause, may determine that the premises are no longer suitable, in which case the license for the match or exhibition shall be revoked absolutely or subject to reinstatement upon such terms and conditions as the division deems appropriate.
  2. At least four (4) hours prior to the starting time for the first event in a licensed boxing or sparring match or exhibition, the division shall examine all equipment to be used by the performers during the match or exhibition, including ring equipment, gloves, and protector cups. In the event that for good cause the division determines that the conduct of the match or exhibition with the equipment is not consistent with the highest regard for the safety and well-being of the performers or the public, the license for the match or exhibition shall be revoked absolutely or subject to reinstatement upon such terms and conditions as the division deems appropriate.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 2016, ch. 528, § 5.

41-5-3.6. Substitutions.

  1. No substitution of boxers may be made within twenty-three (23) hours of the starting time for the first event in the boxing or sparring match or exhibition. If one or more of the boxers listed on the licensee’s application fails to appear for his or her examination in the office of the division of gaming and athletics licensing as prescribed in § 41-5-11 , or to enter the ring and perform, and substitution is not permitted under this section or any other section of this chapter, the contest or contests in which the boxer or boxers were to appear shall be cancelled and notice of the cancellation shall be made to the public at the earliest practicable time.
  2. Any person who paid an admission fee prior to the making of the notice shall, at his or her election, be entitled to an immediate refund of the admission fee unless the principal draw in the match or exhibition appeared and performed prior to the making of the notice.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 2006, ch. 216, § 37; P.L. 2016, ch. 528, § 5.

41-5-3.7. Closed-circuit television.

No closed-circuit television shows of matches or exhibitions shall be permitted in the state unless the promoter has first obtained a permit from the division of gaming and athletics licensing. A promoter shall submit the application on a form provided by the division and the application shall contain information pertaining to the dates, locations, and cities in which the matches shall be shown.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 2016, ch. 528, § 5.

41-5-4. Penalty for unlicensed match.

Any person holding, conducting, or participating in any match or exhibition held without a license, unless exempted as provided herein, shall be punished by a fine not exceeding one hundred dollars ($100) or by imprisonment for a term not exceeding three (3) months, or by both a fine and imprisonment.

History of Section. P.L. 1926, ch. 772, § 3; G.L. 1938, ch. 16, § 4; P.L. 1940, ch. 886, § 1; G.L. 1956, § 41-5-4 .

41-5-5. Separate license for each match — Approval of city or town authorities.

The division of gaming and athletics licensing shall, subject to the provisions of this chapter, issue a separate license for each boxing or sparring match and exhibition; provided, however, that no license shall be issued by the division without the approval of the town council, police commissioner, board of police commissioners, or other licensing board of the city or town in which the boxing or sparring match or exhibition is to be held.

History of Section. P.L. 1926, ch. 772, § 4; G.L. 1938, ch. 16, § 5; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-5 ; P.L. 2016, ch. 528, § 5.

41-5-6. Surety bond filed by licensee.

No license as provided in § 41-5-1 shall be granted unless the licensee has executed and filed, with the division of gaming and athletics licensing, a bond, in such penal sum and with such surety or sureties as shall be satisfactory to the division, running to the state, conditioned upon the payment to the state of the sums mentioned in § 41-5-1 5, and upon faithful compliance by the licensee with the provisions of this chapter, the rules and regulations of the division, and with such other laws of the state as may be applicable to anything done by the licensee in pursuance of the license.

History of Section. P.L. 1926, ch. 772, § 5; G.L. 1938, ch. 16, § 6; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-6 ; P.L. 1984, ch. 399, § 1; P.L. 1997, ch. 326, § 148; P.L. 2016, ch. 528, § 5.

41-5-7. License required for participants and officials in professional matches.

  1. No person shall act, except at a purely amateur match or exhibition, directly or indirectly, as physician, first-aid instructor, referee, judge, timekeeper, professional boxer, or as manager, trainer, or second of a boxer, at a boxing or sparring match or exhibition unless licensed by the division of gaming and athletics licensing. For the purposes of this chapter, a “professional boxer” is defined as one who competes for a money prize or teaches or pursues or assists in the practice of boxing as a means of obtaining a livelihood or pecuniary gain.
  2. In addition to the license requirements set forth in the preceding paragraph, the division of gaming and athletics licensing shall have the authority to select referees for boxing, sparring, or exhibition matches.

History of Section. P.L. 1926, ch. 772, § 6; G.L. 1938, ch. 16, § 7; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-7 ; P.L. 1984, ch. 399, § 1; P.L. 1987, ch. 94, § 1; P.L. 2016, ch. 528, § 5.

Cross References.

Corruption of sports participant or official, §§ 11-7-9 , 11-7-10 .

NOTES TO DECISIONS

Construction.

Since prize fighting is prohibited by virtue of § 11-12-6 , a license to engage in prize fighting pursuant to the provisions of this chapter is the grant of a privilege, thus the provisions of this section should be strictly construed. Zannelli v. Di Sandro, 84 R.I. 76 , 121 A.2d 652, 1956 R.I. LEXIS 20 (1956).

Denial of License.

Commission did not abuse its discretion in denying application of former boxer, age 37, for a license to engage in boxing where there was medical testimony that, notwithstanding applicant’s good physical condition, he should not reenter the ring due to his advanced age, which rendered the applicant more susceptible to physical injury. Zannelli v. Di Sandro, 84 R.I. 76 , 121 A.2d 652, 1956 R.I. LEXIS 20 (1956).

41-5-7.1. Required information on boxer’s application for license — Medical examination.

  1. After a license is granted under § 41-5-1 for a boxing or sparring match or exhibition, no person shall perform as a boxer in the match or exhibition unless he or she shall have been licensed by the division of gaming and athletics licensing at least twenty-four (24) hours prior to the starting time for the first event in the match or exhibition. In addition to such other information and references as the division may require, an application to be licensed as a boxer shall be sworn to by the applicant under oath, upon the pains and penalties of perjury, and shall include:
    1. A detailed summary of the contractual agreement between the applicant and the licensee for the boxing or sparring match or exhibition for which the applicant seeks to be licensed as a boxer, including, among other things, the pecuniary gain or other consideration to be paid to, or on behalf of, the applicant by reason of his or her performance in the match or exhibition;
    2. A detailed description of every illness, injury, or other incapacity suffered by the licensee within six (6) months of the boxing or sparring match or exhibition for which the applicant seeks to be licensed as a boxer, including the dates of each illness, injury, or other incapacity, the name and address of all persons who treated or examined the applicant, the nature of the treatment prescribed (including the generic name for any medications or medicines prescribed), and whether the applicant has recovered;
    3. The complete fight record of the applicant for the twelve (12) months prior to the boxing or sparring match or exhibition for which the applicant seeks to be licensed as a boxer, including the full, legal name of his or her opponent, any professional or stage name used by his or her opponent at the time of the match or exhibition, and the date, place, and results of the match or exhibition;
    4. The date and circumstances of any disqualification, sanction, or denial of permission to box imposed against the applicant by any state authority governing boxing within nine (9) months of the boxing or sparring match for which the applicant seeks to be licensed as a boxer;
    5. The full, legal name of the applicant, every professional or stage name used by him or her, and his or her date of birth and social security number; and
    6. A current passport-type photograph of the applicant.
  2. Notwithstanding the issuance of a license to an applicant, the license shall not be valid unless the holder thereof shall file with the division a sworn, supplementary application updating his or her original application. The supplementary application shall be filed not more than forty-eight (48) nor less than twenty-four (24) hours prior to the starting time for the first event in the match or exhibition for which the holder has been licensed; provided, however, that no supplementary application shall be required when an original application has been filed within such time; provided further, however, that in no event shall an original or supplementary application be filed with the division less than six (6) hours of the closing of business on the last ordinary business day of the division next occurring before the day on which the match or exhibition is scheduled to be conducted.
  3. Every application for a license under § 41-5-3 by a person seeking to be licensed as a boxer shall be accompanied by the report of a physician duly licensed by the division. The report shall certify whether the applicant is fit to perform as a boxer and shall be based on a recently conducted complete examination of the applicant. The report shall contain a complete medical history of the applicant and the results of the tests conducted by or on behalf of the examining physician as the medical history of the applicant warrants or as are material to the physician’s certification.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 2016, ch. 528, § 5; P.L. 2020, ch. 79, art. 1, § 40.

Effective Dates.

P.L. 2020, ch. 79, art. 2, § 29, provides that the amendment to this section by that act takes effect on December 31, 2020.

41-5-8. Referees — Powers.

At every boxing or sparring match or exhibition there shall be in attendance a referee, duly licensed under the provisions of this chapter, who shall direct and control the boxing match, sparring match, or exhibition. The referee shall have full power to stop the match whenever he or she deems it advisable because of the physical condition of any contestants, or when one of the contestants is clearly outclassed by his or her opponents, or for other sufficient reason and that no fighter who has been knocked down shall be allowed to continue until he or she has taken a mandatory eight (8) count. The referee shall have power in his or her discretion to declare forfeited any prize, remuneration, or purse or any part thereof belonging to any contestants if, in his or her judgment, the contestant or contestants are not or were not competing in good faith. The physician in attendance shall examine the referee prior to each bout or event and certify whether he or she is capable of performing his or her duties based upon the examination. In all championship bouts held in Rhode Island, first consideration shall be given to referees in good standing residing in Rhode Island. The referee has the right to award a boxer injured by a foul or inappropriate action from one to five (5) minutes to recover after time has been called.

History of Section. P.L. 1926, ch. 772, § 7; G.L. 1938, ch. 16, § 8; G.L. 1956, § 41-5-8 ; P.L. 1984, ch. 399, § 1; P.L. 2007, ch. 388, § 1; P.L. 2007, ch. 439, § 1; P.L. 2009, ch. 139, § 1; P.L. 2009, ch. 159, § 1.

41-5-9. Attendance of judges — Decision.

The division of gaming and athletics licensing may, in its discretion, require the attendance at any boxing or sparring match or exhibition of three (3) judges licensed by the division whose duty it shall be to render a decision at the termination of the boxing or sparring match or exhibition. The decision shall be reached by the judges using the “10-point must system” as the standard of judgment for all decisions.

History of Section. P.L. 1926, ch. 772, § 7; G.L. 1938, ch. 16, § 8; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-9 ; P.L. 1984, ch. 399, § 1; P.L. 1995, ch. 294, § 1; P.L. 2016, ch. 528, § 5.

41-5-9.1. Duties of director at ringside.

  1. It shall be the duty of the director of business regulation, or his or her designee, to certify at ringside the results of each event in a match or exhibition licensed under § 41-5-1 , and to send an official report of the results to every state boxing authority in the New England states and to the World Boxing Association, World Boxing Council, United States Boxing Association, and Ring magazine.
  2. The director of business regulation, or his or her designee, shall submit to the division forthwith after a match or exhibition licensed under § 41-5-1 a written evaluation of the conduct of the match or exhibition, including an appraisal of the licensee’s performance and of the conduct and condition of the performers and recommendations for the better conduct of matches or exhibitions in the future.
  3. All reports of results or written evaluations made by the director shall be public records.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 1987, ch. 118, art. 25, § 5.

41-5-10. Fees of officials.

The fees of the referee and other licensed officials, as established by this chapter, shall be fixed by the division of gaming and athletics licensing, and shall be paid by the licensed organization prior to the exhibition.

History of Section. P.L. 1926, ch. 772, § 7; G.L. 1938, ch. 16, § 8; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-10 ; P.L. 2016, ch. 528, § 5.

41-5-11. Physician and first-aid instructor or licensed practical nurse in attendance — Examination of participants before match.

  1. At any boxing or sparring match or exhibition there shall be in attendance, at ringside, a duly licensed physician, whose duty it shall be to observe the physical condition of the boxers and to advise the referee or judges with regard thereto, and a duly licensed first-aid instructor or licensed practical nurse whose duty it shall be to assist the physician and to render such aid to boxers as circumstances may require. Any competent physician who has had not less than three (3) years’ experience as a medical practitioner may be licensed. Any person holding a valid certification as a first-aid instructor issued by any state chapter of the American Red Cross association and who is competent as such may be licensed.
  2. The fee for the physician in attendance and the first-aid instructor in attendance shall be fixed by the division of gaming and athletics licensing and shall be paid by the licensee conducting the match or exhibition. The fees shall be tendered to the division at the time the license for the match or exhibition is issued under § 41-5-1 , to be held by the division in escrow until the services are rendered.
  3. No boxer shall be permitted to box unless, not more than three (3) hours before, a physician, licensed under this chapter, shall certify, in writing, that the boxer is physically fit to engage in the proposed contest. The certification shall be based in part on an examination of the boxer by a duly licensed physician in the office of the division on the morning of the match or exhibition or at least six (6) hours before the boxer is scheduled to enter the ring, whichever is earlier. The physician’s fee, as fixed by the division, shall be paid by the licensee conducting the match or exhibition prior to the issuance of the certification by the physician. In the event that a boxer cannot be certified as physically fit to engage in the proposed contest, then that fact shall be made known to the public prior to the acceptance of an admission fee or the tender of an admission ticket for the match or exhibition. Any person who pays an admission fee prior to the disclosure that the boxer is not certified as physically fit shall, at his or her election, be entitled to an immediate refund of the admission fee. The examinations required by this section shall include an examination of the boxer’s vision and eye condition.

History of Section. P.L. 1926, ch. 772, § 8; G.L. 1938, ch. 16, § 9; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-11 ; P.L. 1984, ch. 399, § 1; P.L. 1987, ch. 94, § 1; P.L. 2006, ch. 216, § 37; P.L. 2016, ch. 528, § 5.

41-5-11.1. Drug and H.I.V. testing.

All contestants in a professional boxing or professional kickboxing match shall submit to drug and H.I.V. testing under such rules and regulations and for such drugs as the division of gaming and athletics licensing shall prescribe. The costs of the drug testing shall be paid by the contestant and/or promoter for the boxing or kickboxing match.

History of Section. P.L. 1987, ch. 94, § 2; P.L. 1996, ch. 240, § 1; P.L. 2016, ch. 528, § 5.

Collateral References.

Supreme Court’s views on mandatory testing for drugs or alcohol. 145 A.L.R. Fed. 335.

41-5-11.2. Health insurance.

All contestants in a boxing or sparring match shall carry such health insurance as the division of gaming and athletics licensing shall prescribe, and shall furnish satisfactory proof of insurance to the division prior to participating in any boxing or sparring match.

History of Section. P.L. 1987, ch. 94, § 2; P.L. 2005, ch. 37, § 1; P.L. 2005, ch. 150, § 1; P.L. 2016, ch. 528, § 5.

41-5-12. Duration of matches — Gloves — Maximum participation by contestant.

Boxing or sparring matches or exhibitions shall not exceed twelve (12) rounds in length, and no round shall exceed three (3) minutes. The contestants shall wear, during the contest, gloves weighing ten (10) ounces for contestants one hundred fifty-four pounds (154 lbs.) or greater and eight-ounce (8) gloves for contestants less than one hundred fifty-four pounds (154 lbs.). The gloves shall be of the webbed thumb variety. No contestant shall participate in more than twelve (12) rounds during any period of twenty-four (24) hours. A rest period of at least sixty (60) seconds shall separate each round. In the event that a boxer’s mouthpiece or other protective gear is damaged, there may be an interruption of the round when there is a lull in the action as determined by the referee. Protective headgear shall not be required; provided, however, that upon written application filed by both participating boxers not less than twenty-four (24) hours prior to a match or exhibition, the division of gaming and athletics licensing may review the match or exhibition to be performed and may waive such provisions of this section as the division deems appropriate for the particular event to be performed. The application shall be subscribed to before a notary public or two (2) witnesses who shall affix their respective signatures and addresses thereto under the pain and penalty of perjury.

History of Section. P.L. 1926, ch. 772, § 9; G.L. 1938, ch. 16, § 10; P.L. 1939, ch. 711, § 1; G.L. 1956, § 41-5-12 ; P.L. 1984, ch. 399, § 1; P.L. 1986, ch. 4, § 1; P.L. 1987, ch. 94, § 1; P.L. 2005, ch. 37, § 1; P.L. 2005, ch. 150, § 1; P.L. 2007, ch. 388, § 1; P.L. 2007, ch. 439, § 1; P.L. 2016, ch. 528, § 5.

41-5-12.1. Number of corner persons.

In any boxing or sparring match there shall be not more than three (3) corner persons for each contestant.

History of Section. P.L. 1987, ch. 94, § 2; P.L. 2007, ch. 388, § 1; P.L. 2007, ch. 439, § 1.

41-5-13. Minimum age of contestants.

No contestant under eighteen (18) years of age shall be permitted to engage in any boxing or sparring match or exhibition.

History of Section. P.L. 1926, ch. 772, § 10; G.L. 1938, ch. 16, § 11; G.L. 1956, § 41-5-13 ; P.L. 1987, ch. 94, § 1.

41-5-13.1. Physical knockouts.

  1. Any boxer suffering a physical knockout during a boxing or sparring match or exhibition licensed under § 41-5-1 shall, at the request of his or her manager or the division of gaming and athletics licensing, undergo a magnetic resonant imaging (MRI) or computerized tomography (CT) test scan within twenty-four (24) hours of the request. Failure to comply with the request within the prescribed time shall cause the boxer’s license under § 41-5-7 to be revoked by operation of law and shall render the boxer permanently ineligible for future licensing under § 41-5-7 .
  2. The license under § 41-5-7 of any boxer suffering five (5) physical knockouts in any twelve-month (12) period shall be revoked by operation of law and the boxer shall be permanently ineligible for future licensing under § 41-5-7 .
  3. Every boxer suffering a physical knockout, at the discretion of the division of gaming and athletics licensing, shall be ineligible to perform in a boxing or sparring match or exhibition licensed under § 41-5-1 until sixty (60) days have elapsed following the date of the knockout. The license under § 41-5-7 of every boxer shall be revoked by operation of law whenever he or she suffers a physical knockout.
  4. Every boxer suffering a physical knockout during a boxing or sparring match or exhibition licensed under § 41-5-1 shall submit to an examination by the physician in attendance immediately following his or her removal from the ring and shall, within two (2) hours of the knockout, submit to a complete examination at a local hospital named by the physician in attendance.

History of Section. P.L. 1984, ch. 399, § 2; P.L. 1986, ch. 198, § 30; P.L. 2007, ch. 388, § 1; P.L. 2007, ch. 439, § 1; P.L. 2016, ch. 528, § 5.

41-5-13.2. Facial lacerations.

The license under § 41-5-7 of any boxer who suffers a laceration over or about an eye or nose during a boxing or sparring match licensed under § 41-5-1 shall be revoked by operation of law, and the boxer shall not be eligible for future licensing under § 41-5-7 until a duly licensed physician certifies that the laceration is properly healed and not a cause to withhold licensing under § 41-5-7.

History of Section. P.L. 1984, ch. 399, § 2.

41-5-14. Interest in contestant by promoter prohibited — Forfeiture of contestant’s purse.

No licensee under this chapter shall have, directly or indirectly, any financial interest in a boxer competing on premises owned or leased by the licensee, or in which the licensee is otherwise interested. No contestant in a match or exhibition shall be paid for services before the services are rendered, and, should it be determined by the judges and referee that a contestant did not give an honest exhibition of his or her skill, his or her services shall not be remunerated.

History of Section. P.L. 1926, ch. 772, § 14; G.L. 1938, ch. 16, § 15; G.L. 1956, § 41-5-14 ; P.L. 1997, ch. 326, § 148.

41-5-15. Tax on admissions — Accounting and payment — State inspector.

  1. Every licensee holding or conducting any professional boxing or sparring match or exhibition shall, after its conclusion, pay to the general treasurer for the use of the state a sum equal to five percent (5%) of the total gross receipts from the sale of tickets and from admission fees; provided, however, that every licensee holding or conducting any amateur boxing or sparring match or exhibition shall, at its conclusion, pay to the general treasurer a sum equal to five percent (5%) of the gross receipts up to one thousand dollars ($1,000) and five percent (5%) of the balance of the gross receipts; provided, further, however, that if the match or exhibition is conducted as an incidental feature in an event or entertainment of a different character, the portion of the total receipts shall be paid to the state as the division of gaming and athletics licensing may determine or as may be fixed by rule adopted under § 41-5-22 . Within seventy-two (72) hours after the conclusion of the match or exhibition, the licensee shall furnish to the division a report, sworn under oath upon the pains and penalties of perjury, showing the exact number of tickets sold and admission fees collected for the contest, and the gross receipts thereof, and such other data as the division may require. All fees for licenses and other income of the division shall be turned over to the general treasurer for the use of the state. No licensee shall distribute more than fifty (50) complimentary tickets in any one event.
  2. For each match or exhibition, the division, through its inspector and upon the conclusion of the collection of admission fees for the match or exhibition, may examine the box-office admission figures, the admission statements maintained by, or on behalf of, the licensee, and such other data as the division may direct. Forthwith upon the conclusion of the match or exhibition, the licensee shall tender to the state inspector the sums mentioned in this section. Written acceptance of the tender shall be signed by the inspector and counter signed by the licensee or an agent of the licensee.

History of Section. P.L. 1926, ch. 772, § 11; G.L. 1938, ch. 16, § 12; P.L. 1945, ch. 1541, § 1; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-15 ; P.L. 1984, ch. 399, § 1; P.L. 2016, ch. 528, § 5.

41-5-16. Overcrowding of buildings — Ventilation and safety requirements.

It shall be unlawful for any licensee under this chapter to sell, or cause to be sold or issued, more tickets or invitations purporting to admit to any match or exhibition, or otherwise to admit to any match or exhibition, more persons than are admissible according to the authorized capacity of the building, or part thereof actually used therefor. All buildings or structures used, or intended to be used, for the purpose of this chapter shall be properly ventilated and provided with fire escapes, if there need be, and in all manner conform to the laws, ordinances, and regulations pertaining to buildings of the city or town where situated. The provisions of this section shall also apply to buildings, portions of which are used for the purpose set forth in this chapter.

History of Section. P.L. 1926, ch. 772, § 12; G.L. 1938, ch. 16, § 13; G.L. 1956, § 41-5-16 ; P.L. 1997, ch. 326, § 148.

Cross References.

Discriminatory practices as to accommodations prohibited, § 11-24-1 et seq.

Collateral References.

Liability for injury to one attending wrestling or boxing match or exhibition. 14 A.L.R.3d 993.

41-5-17. Suspension or revocation of license.

Any license granted under this chapter may be revoked or suspended by the division of gaming and athletics licensing for a violation of any of the provisions of this chapter or of any other law of the state or of any rule or regulation adopted by the division or whenever the licensee has, in the judgment of the division, been guilty of any act or offense detrimental to the public interest.

History of Section. P.L. 1926, ch. 772, § 13; G.L. 1938, ch. 16, § 14; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-17 ; P.L. 1997, ch. 326, § 148; P.L. 2016, ch. 528, § 5.

41-5-18. Betting prohibited.

Whoever bets or wagers or sells pools on any boxing or sparring match or exhibition shall be punished by a fine of not less than one hundred dollars ($100), or by imprisonment for not less than three (3) months, or by both a fine and imprisonment.

History of Section. P.L. 1926, ch. 772, § 15; G.L. 1938, ch. 16, § 16; G.L. 1956, § 41-5-18 .

Cross References.

Bookmaking, penalty, § 11-19-14 .

Invalidity of instruments won in bets on fights, § 11-19-17 .

41-5-19. Witnesses and evidence before division.

The division of gaming and athletics licensing shall have power to administer oaths; summon and examine witnesses; and order the production and examination of books, accounts, papers, and records of any club or organization conducting a boxing or sparring match or exhibition.

History of Section. P.L. 1926, ch. 772, § 16; G.L. 1938, ch. 16, § 17; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-19 ; P.L. 2016, ch. 528, § 5.

41-5-20. Injunction and abatement of unauthorized matches.

The superior court shall have jurisdiction in equity upon any information filed by the division of gaming and athletics licensing, the attorney general of the state, the police authorities of the city or town in which the boxing or sparring match or exhibition is held, or is announced to be held, or of any five (5) legal voters of the state, stating that a certain building, tenement, or place is used for boxing or sparring matches or exhibitions by an individual, group, partnership, club, corporation, or association that is not licensed under this chapter, or contrary to the terms of this chapter; or that a boxing or sparring match or exhibition is being advertised or announced, or has been advertised, or announced to take place in a certain building or place, or that a certain individual, club, corporation, or association is selling, exchanging, or giving away tickets, tokens, or symbols purporting to entitle the holder to the right or privilege of attending a certain boxing or sparring match or exhibition that is not licensed by the division and is contrary to this chapter, to enjoin and abate the unauthorized match as a common nuisance.

History of Section. P.L. 1926, ch. 772, § 17; G.L. 1938, ch. 16, § 18; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-20 ; P.L. 2016, ch. 528, § 5.

Rules of Court.

For procedure for injunctions, see Super. Ct. R. Civ. P. Rule 65.

41-5-20.1. Refunds required upon license revocation.

In the event that a boxing or sparring match or exhibition is not conducted by reason of the revocation of the license issued under § 41-5-1 for the match or exhibition, all persons who paid an admission fee for the match or exhibition are entitled to an immediate refund of the admission fee.

History of Section. P.L. 1984, ch. 399, § 2.

41-5-21. Application of chapter to wrestling matches.

  1. The division of gaming and athletics licensing shall have and exercise the same authority, supervision, and control over wrestling and exhibitions as is conferred upon the division by this chapter over boxing and sparring matches and exhibitions, and the provisions of this chapter, except those of § 41-5-12 , shall apply in all respects to wrestling matches and exhibitions to the same extent, and with the same force and effect, as they apply to boxing and sparring matches.
  2. Whenever in this chapter, except in § 41-5-12 , the words “boxing or sparring match or exhibition,” or the plural form thereof, are used, they shall be construed to include the words “wrestling match or exhibition,” or the plural form thereof, and the word “boxer” shall be construed to include “wrestler,” unless the context otherwise requires, and any person holding, conducting, or participating in a wrestling match or exhibition shall be subject to the same duties, liabilities, licensing requirements, penalties, and fees as are imposed by this chapter upon any person holding, conducting, or participating in a boxing or sparring match or exhibition.
  3. For the purpose of this chapter, a “professional wrestler” is defined as one who competes for a money prize, or teaches or pursues or assists in the practice of wrestling, as a means of obtaining a livelihood or pecuniary gain.
  4. The division of gaming and athletics licensing may waive the provisions of this chapter within its discretion in the case of wrestling as a form of pre-determined entertainment.

History of Section. P.L. 1926, ch. 772, § 19; P.L. 1927, ch. 963, § 1; G.L. 1938, ch. 16, § 20; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-21 ; 1984, ch. 399, § 1; P.L. 2007, ch. 388, § 1; P.L. 2007, ch. 439, § 1; P.L. 2015, ch. 141, art. 20, § 21; P.L. 2016, ch. 528, § 5.

Collateral References.

Liability for injury to one attending wrestling or boxing match or exhibition. 14 A.L.R.3d 993.

41-5-22. Rules and regulations.

The department of business regulation may make rules and regulations for the administration and enforcement of this chapter as it may deem necessary. Provided, further, notwithstanding any provision of the general or public laws to the contrary, the department of business regulation shall have the power to adopt by rule or regulation, in whole or in part, any standards, rules, regulations, handbooks, or other standards and procedures governing boxing as approved by the Association of Boxing Commissions. The rules and regulations may also provide for, and regulate the granting of, a special permit for exhibitions where no decision is to be rendered and where a skilled boxer or boxers merely demonstrate the science of boxing.

History of Section. P.L. 1926, ch. 772, § 18; G.L. 1938, ch. 16, § 19; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-22 ; P.L. 2014, ch. 159, § 1; P.L. 2014, ch. 196, § 1.

41-5-23. Annual report to general assembly.

The division of gaming and athletics licensing shall make an annual report to the general assembly on or before the first Wednesday in February, together with any recommendations for legislation, that it may deem desirable.

History of Section. P.L. 1926, ch. 772, § 18; G.L. 1938, ch. 16, § 19; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-23 ; P.L. 2016, ch. 528, § 9.

41-5-24. Appropriations and disbursements.

The general assembly shall annually appropriate such sum as it may deem necessary to carry out the provisions of this chapter, and to compensate members and employees; the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the sum so appropriated, or so much thereof as may be necessary upon receipt by him or her of proper vouchers approved by the division of gaming and athletics licensing.

History of Section. P.L. 1926, ch. 772, §§ 2, 19; P.L. 1927, ch. 963, § 1; G.L. 1938, ch. 16, § 3; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1946, ch. 1746, § 3; G.L. 1956, § 41-5-24 ; P.L. 2016, ch. 528, § 5.

Chapter 5.1 Commission on Professional Boxing and Wrestling

41-5.1-1. Composition of commission — Expenses.

There shall be a commission on professional boxing and wrestling, consisting of five (5) qualified electors, three (3) of whom shall be appointed by the speaker of the house, not more than two (2) from the same political party; one by the president of the senate; and one by the governor. All members shall serve at the pleasure of the appointing authority. The commission shall serve without compensation, but shall be allowed their travel and necessary expenses in accordance with the rates from time to time established by the legislative department in its rules and regulations and may expend such sums of money as may be appropriated from time to time by the general assembly.

History of Section. P.L. 1991, ch. 399, § 1; G.L. 1956, § 42-118-1 ; P.L. 2001, ch. 180, § 92; P.L. 2015, ch. 141, art. 20, § 22.

41-5.1-2. Duties of commission.

It shall be the duty of the commission on boxing and wrestling to study professional boxing and wrestling and make recommendations for the regulation thereof to the division of gaming and athletics licensing.

History of Section. P.L. 1991, ch. 399, § 1; G.L. 1956, § 42-118-2; P.L. 2015, ch. 141, art. 20, § 22.

41-5.1-3. [Repealed.]

History of Section. P.L. 1991, ch. 399, § 1; G.L. 1956, § 42-118-3; Repealed by P.L. 2015, ch. 82, § 17, effective June 17, 2015; P.L. 2015, ch. 105, § 17, effective June 19, 2015.

Compiler’s Notes.

P.L. 2015, ch. 141, art. 20, § 22 purported to amend 41-5.1-3 . However, this section had already been repealed by P.L. 2015, ch. 82, § 17 and P.L. 2015, ch. 105, § 17.

Former § 41-5.1-3 concerned records and reports.

Chapter 5.2 Mixed Martial Arts

41-5.2-1. Definitions.

For the purposes of this chapter, the following terms shall mean as follows:

  1. “Choke holds” means any hold that impairs the flow of blood or oxygen to the brain. There are many chokes, including the rear naked choke, the guillotine, and the triangle choke.
  2. “Cut man” means the person who helps stop the flow of blood from a fighter’s cuts by applying coagulants.
  3. “Eye gouge” means digging the fingers in and around the opponent’s eye.
  4. “Fishhook” means hooking the fingers into an opponent’s mouth, nostrils, or ears and pulling at them.
  5. “Foot stomps” means stomping on the opponent’s feet trying to damage the instep and fragile foot bones.
  6. “Gi” is the Japanese term for martial arts uniform.
  7. “Guard position” means the position where a fighter is on his back with his opponent between his legs. While this is primarily a defensive position, many submission holds are possible.
  8. “Head-butt” means using the head to strike the opponent.
  9. “Joint-lock” means and includes all locks, bars, and holds, that cause enough pain to cause an opponent to submit. Many of these holds can result in serious injury if the opponent does not tap out in time. A few popular submission holds are arm bars, ankle locks, knee bars, and neck cranks.
  10. “KO” means knock out. A fighter is knocked down and unconscious.
  11. “Mixed martial arts” means an event that describes the convergence of techniques from a variety of combative sports disciplines, including boxing, wrestling, judo, jujitsu, kickboxing, and others.
  12. “Mount position” means a dominant position where a fighter straddles his opponent on the ground.
  13. “Mouse” means a dark, swollen bruise around the eye.
  14. “Neck crank” means any hold that impairs the flow of blood or oxygen to the brain. There are many chokes, including the rear naked choke, the guillotine, and the triangle choke.
  15. “NHB” is a term, also referred to as “no holds barred,” which refers to fighting contests with few rules.
  16. “Reversal” means switching from being in a disadvantageous position to a superior one.
  17. “Submission” means when a fighter signals surrender due to a submission hold, choke, or from strikes. The fighter can tap the mat three (3) times or submit verbally.
  18. “Submission holds” means and includes all locks, bars, and holds that cause enough pain to cause an opponent to submit. Many of these holds can result in serious injury if the opponent does not tap out in time.
  19. “Takedown” means and usually occurs when a grappler takes his opponent to the ground.
  20. “Weigh in” means and is used to determine a fighter’s official weight for the bout and is held up to thirty-six (36) hours prior to the event.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2011, ch. 154, § 1; P.L. 2011, ch. 280, § 1.

41-5.2-2. License required for mixed martial arts exhibitions.

No mixed martial arts match or exhibition for a prize or a purse, or at which an admission fee is charged, either directly or indirectly, in the form of dues or otherwise, shall take place or be conducted in this state unless licensed by the division of gaming and athletics licensing in accordance with this chapter.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2016, ch. 528, § 6.

41-5.2-3. Application for license.

  1. The division of gaming and athletics licensing, at the discretion of its chairperson or other officer charged with the enforcement of this chapter, may require any person applying for a license to furnish information and references as it may desire. Applications for the license shall be accompanied by a fee of not less than ten dollars ($10.00) nor more than eight hundred dollars ($800), as the division shall fix. Voluntary or unincorporated associations shall not be entitled to receive a license, and applications in their behalf shall be made in the name of one or more officers thereof.
  2. The division of gaming and athletics licensing is further authorized to request additional information and references as the division may require.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2016, ch. 528, § 6.

41-5.2-4. Insurance required.

No license issued by the division of gaming and athletics licensing under § 41-5.2-2 shall be valid unless the license holder shall:

  1. Within thirty-six (36) hours of the starting time for the first event in the licensed boxing or sparring match or exhibition, have in force contracts or policies of public liability insurance and other contracts or policies of insurance in amounts as the division shall reasonably require in connection with the conduct of the match or exhibition; and
  2. Within twenty-four (24) hours of the starting time, furnish to the division satisfactory proof that the insurance is in force.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2016, ch. 528, § 6.

41-5.2-5. Drug and H.I.V. testing.

All contestants in a professional, mixed martial arts match shall submit to drug and H.I.V. testing under such rules and regulations and for such drugs as the division of gaming and athletics licensing shall prescribe. The costs of the drug testing shall be paid by the contestant and/or promoter for the mixed martial arts match.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2016, ch. 528, § 6.

41-5.2-6. Health insurance.

All contestants in a mixed martial arts match shall carry such health insurance as the division of gaming and athletics licensing shall prescribe, and shall furnish satisfactory proof of insurance to the division prior to participating in any mixed martial arts match.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2016, ch. 528, § 6.

41-5.2-7. Minimum age of contestants.

No contestant under eighteen (18) years of age shall be permitted to engage in any mixed martial arts match or exhibition.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-8. Mixed martial arts uniform rules — Weight classes.

Mixed martial artists shall be divided into the following classes:

  1. Flyweight under 125.9 pounds;
  2. Bantamweight 126 lbs. — 134.9 pounds;
  3. Featherweight 135 lbs. — 145 pounds;
  4. Lightweight over 145 lbs. to 155 pounds;
  5. Welterweight over 155 lbs. to 170 pounds;
  6. Middleweight over 170 lbs. to 185 pounds;
  7. Light heavyweight over 185 lbs. to 205 pounds;
  8. Heavyweight over 205 lbs. to 265 pounds; and
  9. Super heavyweight over 265 pounds.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-9. Uniform rules — Fighting area.

  1. The fighting area canvas shall be no smaller than eighteen feet (18´) by eighteen feet (18´) and no larger than thirty-two feet (32´) by thirty-two feet (32´). The fighting area canvas shall be padded in a manner as approved by the commissioner, with at least one inch layer of foam padding. Padding shall extend beyond the fighting area and over the edge of the platform. No vinyl or other plastic rubberized covering shall be permitted.
  2. The fighting area canvas shall not be more than four feet (4´) above the floor of the building and shall have suitable steps or ramp for use by the participants. Posts shall be made of metal not more than six inches (6") in diameter, extending from the floor of the building to a minimum height of fifty-eight inches (58") above the fighting area canvas, and shall be properly padded in a manner approved by the commissioner.
  3. The fighting area canvas area shall be enclosed by a fence made of such material as will not allow a fighter to fall out or break through it onto the floor or spectators, including, but not limited to, vinyl-coated, chain-link fencing. All metal parts shall be covered and padded in a manner approved by the commission and shall not be abrasive to the contestants.
  4. The fence shall provide two (2) separate entries onto the fighting area canvas.
  5. A ring stool, of a type approved by the commissioner, shall be available for each contestant.
  6. An appropriate number of stools or chairs, of a type approved by the commissioner, shall be available to each contestant’s seconds. Such stools or chairs shall be located near each contestant’s corner.
  7. All stools and chairs used must be thoroughly cleaned or replaced after the conclusion of each bout.
  8. For each bout, the promoter shall provide a clean water bucket and a clean plastic water bottle in each corner.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-10. Uniform rules — Hand bandage specifications.

  1. In all weight classes, the bandages on each contestant’s hand shall be restricted to soft gauze cloth not more than thirteen (13) yards in length and two inches (2") in width, held in place by not more than ten feet (10´) of surgeon’s tape, one inch in width, for each hand.
  2. Surgeon’s adhesive tape shall be placed directly on each hand for protection near the wrist. The tape may cross the back of the hand twice and extend to cover and protect the knuckles when the hand is clenched to make a fist.
  3. The bandages shall be evenly distributed across the hand.
  4. Bandages and tape shall be placed on the contestant’s hands in the dressing room in the presence of the inspector and in the presence of the manager or chief second of his or her opponent.
  5. Under no circumstances are gloves to be placed on the hands of a contestant until the approval of the inspector is received.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-11. Uniform rules — Mouthpieces.

  1. All contestants are required to wear a mouthpiece during competition. The mouthpiece shall be subject to examination and approval by the attending physician.
  2. The round cannot begin without the mouthpiece in place.
  3. If the mouthpiece is involuntarily dislodged during competition, the referee shall call time, clean the mouthpiece, and reinsert the mouthpiece at the first opportune moment, without interfering with the immediate action.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-12. Uniform rules — Protective equipment.

  1. Male mixed martial artists shall wear a groin protector of their own selection, of a type approved by the commissioner.
  2. Female mixed martial artists are prohibited from wearing groin protectors.
  3. Female mixed martial artists shall wear a chest protector during competition. The chest protector shall be subject to the approval of the commissioner.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-13. Uniform rules — Gloves.

  1. The gloves shall be new for all main events and in good condition or they must be replaced.
  2. All contestants shall wear either four- (4), five- (5), or six-ounce (6) gloves, supplied by the promoter and approved by the commission. No contestant shall supply their own gloves for participation.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-14. Uniform rules — Apparel.

  1. Each contestant shall wear mixed martial arts shorts, biking shorts, or kick-boxing shorts.
  2. Gi’s or shirts are prohibited during competition.
  3. Shoes are prohibited during competition.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-15. Uniform rules — Appearance.

  1. All contestants shall be cleanly shaven immediately prior to competition, except that a contestant may wear a closely cropped mustache.
  2. Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either contestant or cover any part of a contestant’s face.
  3. Jewelry or piercing accessories are prohibited during competition.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-16. Uniform rules — Round length.

  1. Each non-championship mixed martial arts contest shall be three (3) rounds of five (5) minutes duration, with a one-minute rest period between each round.
  2. Each championship mixed martial arts contest shall be give (5) rounds of five (5) minutes duration, with a one-minute rest period between each round.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-17. Uniform rules — Stopping a contest.

The referee and ringside physician are the sole arbiters of a bout and are the only individuals authorized to enter the fighting area at any time during competition and authorized to stop a contest.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-18. Uniform rules — Judging.

  1. All bouts will be evaluated and scored by three (3) judges.
  2. The ten-point (10) must system will be the standard system of scoring a bout. Under the ten-point (10) must scoring system, ten points (10) must be awarded to the winner of the round and nine (9) points or less must be awarded to the loser, except for a rare even round, which is scored (10-10).
  3. Judges shall evaluate mixed martial arts techniques, such as effective striking, effective grappling, control of the fighting area, effective aggressiveness and defense.
  4. Evaluations shall be made in the order in which the techniques appear in subsection (c), giving the most weight in scoring to effective striking, effective grappling, control of the fighting area, and effective aggressiveness and defense.
  5. Effective striking is judged by determining the total number of legal heavy strikes landed by a contestant.
  6. Effective grappling is judged by considering the amount of successful executions of a legal takedown or reversals. Examples of factors to consider are takedowns from standing position to mount position, passing the guard to mount position, and bottom position fighters using an active, threatening guard.
  7. Fighting area control is judged by determining who is dictating the pace, location, and position of the fight. Examples of factors to consider are countering a grappler’s attempt at takedown by remaining standing and legally striking; taking down an opponent to force a ground fight; creating threatening submission attempts and passing the guard to achieve mount; and creating striking opportunities.
  8. Effective aggressiveness means moving forward and landing a legal strike.
  9. Effective defense means avoiding being struck, taken down, or reversed while countering with offensive attacks.
  10. The following objective scoring criteria shall be utilized by the judges when scoring a round:
    1. A round is to be scored as a 10-10 round when both contestants appear to be fighting evenly and neither contestant shows clear dominance in a round;
    2. A round is to be scored as a 10-9 round when a contestant wins by a close margin, landing the greater number of effective legal strikes, grappling, and other maneuvers;
    3. A round is to be scored as a 10-8 round when a contestant overwhelmingly dominates by striking or grappling in a round;
    4. A round is to be scored as a 10-7 round when a contestant totally dominates by striking or grappling in the round.
  11. Judges shall use a sliding scale and recognize the length of time the fighters are either standing or on the ground, as follows:
    1. If the mixed martial artists spent a majority of a round on the canvas, then:
      1. Effective grappling is weighed first; and
      2. Effective striking is then weighed.
    2. If the mixed martial artists spent a majority of a round standing, then:
      1. Effective striking is weighed first; and
      2. Effective grappling is then weighed.
    3. If a round ends with a relatively even amount of standing and canvas fighting, striking and grappling are weighed equally.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-19. Warnings.

The referee shall issue a single warning for the following infractions. After the initial warning, if the prohibited conduct persists, a penalty will be issued. The penalty may result in a deduction of points or disqualification.

  1. Holding or grabbing the fence;
  2. Holding opponent’s shorts or gloves; or
  3. The presence of more than one second on the fighting area perimeter.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-20. Fouls.

  1. The following are fouls and will result in penalties if committed:
    1. Butting with the head;
    2. Eye gouging of any kind;
    3. Biting or spitting at an opponent;
    4. Hair pulling;
    5. Fish hooking;
    6. Groin attacks of any kind;
    7. Intentionally placing a finger in any opponent’s orifices;
    8. Downward pointing of elbow strikes;
    9. Small joint manipulation;
    10. Strikes to the spine or back of the head;
    11. Heel kicks to the kidney;
    12. Throat strikes of any kind;
    13. Clawing, pinching, twisting the flesh, or grabbing the clavicle;
    14. Kicking the head of a grounded fighter;
    15. Kneeing the head of a grounded fighter;
    16. Stomping of a grounded fighter;
    17. The use of abusive language in the fighting area;
    18. Any unsportsmanlike conduct that causes an injury to opponent;
    19. Attacking an opponent on or during the break;
    20. Attacking an opponent who is under the referee’s care at the time;
    21. Timidity (avoiding contact, or consistent dropping of mouthpiece, or faking an injury);
    22. Interference from a mixed martial artist’s seconds;
    23. Throwing an opponent out of the fighting area;
    24. Flagrant disregard of the referee’s instructions;
    25. Spiking an opponent to the canvas on his or her head or neck.
  2. Disqualification occurs after any combination of three (3) of the fouls listed in subsection (a) or after a referee determines that a foul was intentional and flagrant.
  3. Fouls will result in a point being deducted by the official scorekeeper from the offending mixed martial artist’s score.
  4. Only a referee can assess a foul. If the referee does not call the foul, judges shall not make that assessment on their own and cannot factor such into their scoring calculations.
  5. A fouled fighter has up to five (5) minutes to recuperate.
  6. If a foul is committed, the referee shall:
    1. Call time;
    2. Check the fouled mixed martial artist’s condition and safety; and
    3. Assess the foul to the offending contestant, deduct points, and notify each corner’s seconds, judges, and official scorekeeper.
  7. If a bottom contestant commits a foul, unless the top contestant is injured, the fight shall continue so as not to jeopardize the top contestant’s superior positioning at the time.
    1. The referee shall verbally notify the bottom contestant of the foul.
    2. When the round is over, the referee shall assess the foul and notify both corners’ seconds, the judges, and the official scorekeeper.
    3. The referee may terminate a bout based on the severity of a foul. For such a flagrant foul, a contestant shall lose by disqualification.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-21. Injuries sustained during competition.

  1. If an injury sustained during competition as a result of a legal maneuver is severe enough to terminate a bout, the injured contestant loses by technical knockout.
  2. If an injury sustained during competition as a result of an intentional foul is severe enough to terminate the bout, the contestant causing the injury loses by disqualification.
  3. If an injury is sustained during competition as a result of an intentional foul and the bout is allowed to continue, the referee shall notify the scorekeeper to automatically deduct two (2) points from the contestant who committed the foul.
  4. If an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue at a subsequent point in the contest, the injured contestant shall win by technical decision, if he or she is ahead on the score cards. If the injured contestant is even or behind on the score cards at the time of stoppage, the outcome of the bout shall be declared a technical draw.
  5. If a contestant injures himself or herself while attempting to foul his or her opponent, the referee shall take any action in his or her favor, and the injury shall be treated in the same manner as an injury produced by a fair blow.
  6. If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a no contest if stopped before two (2) rounds have been completed in a three-round (3) bout or if stopped before three (3) rounds have been completed in a five-round (5) bout.
  7. If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a technical decision awarded to the contestant who is ahead on the score cards at the time the bout is stopped only when the bout is stopped after two (2) rounds of the three-round (3) bout, or three (3) rounds of a five-round (5) bout have been completed.
  8. There will be no scoring of an incomplete round. However, if the referee penalizes either contestant, then the appropriate points shall be deducted when the scorekeeper calculates the final score.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-22. Types of bout results.

The following are the types of bout results:

  1. Submission by:
    1. Tap out: When a contestant physically uses his/her hand to indicate that he or she no longer wishes to continue; or
    2. Verbal tap out: When a contestant verbally announces to the referee that he or she does not wish to continue;
  2. Technical knockout by:
    1. Referee stops bout;
    2. Ringside physician stops bout; or
    3. When an injury as a result of a legal maneuver is severe enough to terminate a bout;
  3. Knockout by failure to rise from the canvas;
  4. Decision via score cards:
    1. Unanimous: When all three (3) judges score the bout for the same contestant;
    2. Split decision: When two (2) judges score the bout for one contestant and one judge scores for the opponent; or
    3. Majority decision: When two (2) judges score the bout for the same contestant and one judge scores a draw;
  5. Draws:
    1. Unanimous — When all three (3) judges score the bout a draw;
    2. Majority — When two (2) judges score the bout a draw; or
    3. Split — When all three (3) judges score differently and the score total results in a draw;
  6. Disqualification: When an injury sustained during competition as a result of an intentional foul is severe enough to terminate the contest;
  7. Forfeit: When a contestant fails to begin competition or prematurely ends the contest for reasons other than injury or by indicating a tap out;
  8. Technical draw: When an injury sustained during competition as a result of an intentional foul causes an injured contestant to be unable to continue and the injured contestant is even or behind on the score cards at the time of stoppage;
  9. Technical decision. When the bout is prematurely stopped due to injury and a contestant is leading on the score cards; and
  10. No contest: When a contest is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision via the score cards.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-23. Bond procedure.

All mixed martial arts events shall be subject to the bond requirements determined by the division of gaming and athletics licensing.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2016, ch. 528, § 6.

41-5.2-24. Inspectors.

All mixed martial arts events shall be subject to the presence, duties, and compensation of inspectors as required by the division of gaming and athletics licensing.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2016, ch. 528, § 6.

41-5.2-25. Rules and regulations.

The department of business regulation may make rules and regulations for the administration and enforcement of this chapter as it may deem necessary. Provided, further, notwithstanding any provision of the general or public laws to the contrary, the department of business regulation shall have the power to adopt by rule or regulation, in whole or in part, any standards, rules, regulations, handbooks, or other standards and procedures governing mixed martial arts as approved by the Association of Boxing Commissions. The rules and regulations may also provide for, and regulate the granting of, a special permit for exhibitions where no decision is to be rendered and where skilled mixed martial artists merely demonstrate the science of boxing.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1; P.L. 2014, ch. 159, § 2; P.L. 2014, ch. 196, § 2.

41-5.2-26. Penalty for unlicensed match.

Any person holding, conducting, or participating in any mixed martial arts match or exhibition held without a license, unless exempted as provided herein, shall be punished by a fine not exceeding one hundred dollars ($100) or by imprisonment for a term not exceeding three (3) months, or by both a fine and imprisonment.

History of Section. P.L. 2009, ch. 312, § 1; P.L. 2009, ch. 313, § 1.

41-5.2-27. Tax on admissions.

  1. Every licensee holding or conducting any professional, mixed martial arts event or exhibition shall, after its conclusion, pay to the general treasurer for the use of the state a sum equal to five percent (5%) of the total gross receipts from the sale of tickets and from admission fees; provided, however, that every licensee holding or conducting a professional, mixed martial arts event or exhibition shall, at its conclusion, pay to the general treasurer a sum equal to five percent (5%) of the gross receipts up to one thousand dollars ($1,000) and five percent (5%) of the balance of the gross receipts; provided, further, however, that if the match or exhibition is conducted as an incidental feature in an event or entertainment of a different character, the portion of the total receipts shall be paid to the state as the division of gaming and athletics licensing may determine, or as may be fixed by rule adopted under § 41-5.2-25 . Within seventy-two (72) hours after the conclusion of the match or exhibition, the licensee shall furnish to the division a report, sworn under oath upon the pains and penalties of perjury, showing the exact number of tickets sold and admission fees collected for the contest, and the gross receipts thereof, and other data as the division may require. All fees for licenses and other income of the division shall be turned over to the general treasurer for the use of the state. No licensee shall distribute more than fifty (50) complimentary tickets in any one event.
  2. For each match or exhibition, the division, through its inspector and upon the conclusion of the collection of admission fees for the match or exhibition, may examine the box-office admission figures, the admission statements maintained by, or on behalf of, the licensee, and other data as the division may direct. Upon the conclusion of the match or exhibition, the licensee shall tender to the state inspector the sums mentioned in this section. Written acceptance of the tender shall be signed by the inspector and counter signed by the licensee or an agent of the licensee.

History of Section. P.L. 2011, ch. 154, § 2; P.L. 2011, ch. 280, § 2; P.L. 2016, ch. 528, § 6.

41-5.2-28. Suspension or revocation of license.

Any license granted under this chapter may be revoked or suspended by the division of gaming and athletics licensing for a violation of any of the provisions of this chapter or of any other law of the state or of any rule or regulation adopted by the division or whenever the licensee has, in the judgment of the division, been guilty of any act or offense detrimental to the public interest.

History of Section. P.L. 2012, ch. 70, § 1; P.L. 2012, ch. 75, § 1; P.L. 2016, ch. 528, § 6.

41-5.2-29. Physical knockouts.

  1. Any contestant suffering a physical knockout during a mixed martial arts match shall, at the request of his or her manager or the division of gaming and athletics licensing, undergo a magnetic resonant imaging (MRI) or computerized tomography (CT) test scan within twenty-four (24) hours of the request. Failure to comply with the request within the prescribed time shall cause the contestant’s license to be revoked by operation of law and shall render the contestant permanently ineligible for future licensing under this chapter.
  2. The license of any contestant suffering five (5) physical knockouts in any twelve-month (12) period shall be revoked by operation of law and the contestant shall be permanently ineligible for future licensing as a contestant under this chapter.
  3. Every contestant suffering a physical knockout, at the discretion of the division of gaming and athletics licensing, shall be ineligible to perform in a mixed martial arts match licensed under this chapter until sixty (60) days have elapsed following the date of the knockout. The license of every contestant shall be revoked by operation of law whenever he or she suffers a physical knockout.
  4. Every contestant suffering a physical knockout during a mixed martial arts match shall submit to an examination by the physician in attendance immediately following his or her removal from the ring and shall, within two (2) hours of the knockout, submit to a complete examination at a local hospital named by the physician in attendance.

History of Section. P.L. 2012, ch. 70, § 1; P.L. 2012, ch. 75, § 1; P.L. 2016, ch. 528, § 6.

Chapter 6 Athletic Games on Sunday

41-6-1. Definitions.

  1. “Amateur athletic game” shall be construed to mean and include any athletic game not included within the meaning of the term “professional athletic game.”
  2. “Athletic game” shall be construed to mean and include any game or exhibition of baseball, football, cricket, golf, tennis, track, or athletic game of a similar character played or held in the open air, and also any game or exhibition of ice polo, hockey, tennis, track, or athletic game of a similar character played or held in rinks or other enclosed buildings; provided, however, that the term shall not be construed to mean and include boxing, sparring, or wrestling matches, nor horse racing, trotting, or motor races.
  3. “Licensing authorities” as used in this chapter shall be construed to mean and include the board or bureau of police commissioners, or the city or town councils of any city or town authorized under the provisions of chapter 22 of title 5 to grant licenses for shows and exhibitions.
  4. “Professional athletic game” shall be construed to mean and include any athletic game for which a charge is made for admission or tickets thereto, or at which a collection is taken, or for which the players receive pay or compensation for their services, or that is managed or conducted for the pay or profit of any person, corporation, or association.

History of Section. P.L. 1919, ch. 1724, § 1; G.L. 1923, ch. 129, § 18; P.L. 1928, ch. 1154, § 2; G.L. 1938, ch. 362, § 18; G.L. 1956, § 41-6-1 .

Comparative Legislation.

Sunday games:

Mass. Ann. Laws ch. 136, § 2 et seq.

Collateral References.

Construction of statute or ordinance prohibiting or regulating sports and games on Sunday. 24 A.L.R.2d 813.

41-6-2. Authorization of amateur games.

The licensing authorities of any town or city may authorize amateur athletic games to be played or held in a town or city between the hours of noon and six o’clock (6:00) in the afternoon of the first day of the week upon such premises and subject to such rules and regulations for the preservation of good order and the prevention of disturbances, as the licensing authorities may prescribe and determine in their discretion.

History of Section. P.L. 1919, ch. 1724, § 2; G.L. 1923, ch. 129, § 19; G.L. 1938, ch. 362, § 19; G.L. 1956, § 41-6-2 .

41-6-3. Professional games permissible by license.

Professional athletic games, except ice polo and hockey, may be played and held in any city or town on the first day of the week under a license therefor issued by the licensing authorities of the town or city in the manner designated under this chapter; provided, however, that the bureau of licenses of the city of Providence may license ice polo and hockey to be played or held in rinks or other enclosed buildings on the first day of the week.

History of Section. P.L. 1919, ch. 1724, § 3; G.L. 1923, ch. 129, § 20; P.L. 1928, ch. 1154, § 3; G.L. 1938, ch. 362, § 20; impl. am. P.L. 1951, ch. 2721, § 4; G.L. 1956, § 41-6-3 ; P.L. 1997, ch. 326, § 149.

41-6-4. Application for license for professional game.

An application for a license for a professional game shall be made to the licensing authorities by the person proposing to manage or conduct the game, or if the game is to be managed or conducted by a corporation or association, then the application shall be made by some duly authorized officer of the corporation or association. The application shall be in writing, signed by the applicant, and shall be in the form and shall contain the information as the licensing authorities may require, and shall describe with certainty the premises upon which the game is to be held for which a license is desired. The application shall be filed with the licensing authorities and the licensing authorities shall give public notice of the application in a newspaper or newspapers designated by the licensing authorities at least eight (8) days prior to the date upon which the proposed game, or the first of the proposed games, is to be held. The cost of the notice shall be paid to the licensing authorities at the time of filing the application. The application may be for one or more games on certain dates during the season.

History of Section. P.L. 1919, ch. 1724, § 3; G.L. 1923, ch. 129, § 20; P.L. 1928, ch. 1154, § 3; G.L. 1938, ch. 362, § 20; G.L. 1956, § 41-6-4 .

41-6-5. Issuance or denial of license — Fees.

Except as provided in this chapter, the licensing authorities may approve or reject any application, and if the licensing authorities shall approve any application, they may issue a license for the playing or holding of professional athletic games in accordance therewith on the first day of the week between the hours of one o’clock (1:00 p.m.) in the afternoon and midnight, subject to regulations as the licensing authorities may prescribe for the preservation of good order and the prevention of disturbances. In the case of every license so issued, the licensing authorities shall charge a license fee not exceeding one hundred dollars ($100) for every single game or exhibition authorized by the license, and in addition thereto, a reasonable sum as the licensing authorities may deem necessary to reimburse the town or city for police services at any game or exhibition so licensed; provided, however, that any professional athletic game, the proceeds of which are to be devoted chiefly to charitable or religious purposes, may in the discretion of the licensing authorities be exempted from paying any license fee.

History of Section. P.L. 1919, ch. 1724, § 3; G.L. 1923, ch. 129, § 20; P.L. 1928, ch. 1154, § 3; G.L. 1938, ch. 362, § 20; G.L. 1956, § 41-6-5 ; P.L. 1997, ch. 326, § 149.

41-6-6. Objections of neighboring landowners — Proximity to churches.

No license shall be granted under the provisions of this chapter for athletic games to be played in the open air where the owners of the greater part of the land within two hundred feet (200´) of the area or enclosed ground where athletic games are to be played shall make, in writing, a remonstrance to the licensing authorities within six (6) days after the date of the first publication of the notice of the application, or within further time as the licensing authorities may require. No license shall be granted for any area or enclosed ground within five hundred feet (500´) of any church or chapel.

History of Section. P.L. 1919, ch. 1724, § 4; G.L. 1923, ch. 129, § 21; P.L. 1928, ch. 1154, § 4; G.L. 1938, ch. 362, § 22; G.L. 1956, § 41-6-6 .

41-6-7. Revocation of license.

Any license may be revoked by the licensing authorities if, in their judgment, the revocation is necessary.

History of Section. P.L. 1919, ch. 1724, § 4; G.L. 1923, ch. 129, § 22; G.L. 1938, ch. 362, § 23; G.L. 1956, § 41-6-7 .

Chapter 7 Jai Alai

41-7-1. Operation of jai alai sports facilities.

Any person desiring to operate a facility for the exhibition of the Spanish sport called jai alai in the city of Newport may do so upon the compliance with the terms and provisions of this chapter.

History of Section. P.L. 1973, ch. 48, § 1.

41-7-2. “Sports facilities” and “frontons” defined.

The words “sports facilities” and “fronton” as used in this chapter mean a building or enclosure in which is provided a playing court with three (3) walls so designed and constructed for the playing of that sports game of ball as played in Spanish speaking countries, called jai alai or pelota.

History of Section. P.L. 1973, ch. 48, § 1.

41-7-3. Regulation of operations — Licensing.

  1. The division of gaming and athletics licensing is hereby authorized to license jai alai in the city of Newport. The operation of a fronton shall be under the division’s supervision. The division is hereby authorized to issue rules and regulations for the supervision of the operations.
  2. Any license granted under the provisions of this chapter shall be subject to the rules and regulations promulgated by the division and shall be subject to suspension or revocation for any cause which the division shall deem sufficient after giving the licensee a reasonable opportunity for a hearing at which he or she shall have the right to be represented by counsel. If any license is suspended or revoked, the division shall state the reasons for the suspension or revocation and cause an entry of the reasons to be made on the record books of the division.
  3. Commencing July 1, 2003, the division of gaming and athletics licensing shall be prohibited to license jai alai in the city of Newport. Any license having been issued and in effect as of that date shall be null and void and any licensee shall be prohibited from operating thereunder; provided, however, that any entity having been issued a license to operate a jai alai fronton prior to July 1, 2003, and any successor in interest to such entity by reason of acquiring the stock or substantially all of the assets of such entity, shall be deemed a pari-mutuel licensee as defined in § 42-61.2-1 et seq., and a licensee as defined in § 41-11-1 et seq.; and provided further, any license to operate a jai alai fronton in effect with regard to a facility in Newport shall terminate and be of no further force or effect upon the commencement of the operation of video lottery games at a facility owned by Twin River-Tiverton located in the town of Tiverton.
  4. The division of gaming and athletics licensing is hereby authorized to grant a pari-mutuel license to Twin River-Tiverton with respect to a facility owned by Twin River-Tiverton, located at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton, provided that the requirements of R.I. Const., Art. VI, Sec. XXII are met with respect to said facility, namely that: (1) The secretary of state certifies that the qualified voters of the state have approved authorizing a facility owned by Twin River-Tiverton, located at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton, to be licensed as a pari-mutuel facility and offer state-operated video lottery games and state-operated casino gaming, such as table games; and (2) The board of canvassers of the town of Tiverton certifies (or there is certified on its behalf) that the qualified electors of the town of Tiverton have approved authorizing a facility owned by Twin River-Tiverton, located at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton, to be licensed as a pari-mutuel facility and offer state-operated video lottery games and state-operated casino gaming, such as table games.
  5. For purposes of this section, “Twin River-Tiverton” shall mean Twin River-Tiverton, LLC and/or the successor in interest thereto by reason of the acquisition of the stock, membership interests, or substantially all of the assets of such entity.

History of Section. P.L. 1973, ch. 48, § 1; P.L. 2003, ch. 376, art. 10, § 2; P.L. 2015, ch. 141, art. 11, § 19; P.L. 2016, ch. 5, § 1; P.L. 2016, ch. 6, § 1.

Compiler’s Notes.

P.L. 2016, ch. 5, § 4, and P.L. 2016, ch. 6, § 4, provide: “Nothing in this act shall abrogate or diminish the powers of the state, through the division of state lottery, to conduct and control video lottery terminals pursuant to chapter 61.2 of title 42.”

Contingent Effective Dates.

P.L. 2016, ch. 5, § 13, and P.L. 2016, ch. 6, § 13, provide: “This Section 13, and Sections 5, 6 and 12 of this act shall take effect upon passage of the act. All other sections of this act shall take effect immediately upon, but only if, the requirements of R.I. Const., Art. VI, Sec. XXII are met, namely:

“(i) The certification by the secretary of state that the qualified voters of the state have approved authorizing a facility owned by Twin River-Tiverton, LLC and located at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton to be licensed as a pari-mutuel facility and offer state-operated, video-lottery games and state-operated casino gaming, such as table games; and

“(ii) The certification by (including on behalf of) the board of canvassers of the town of Tiverton that qualified electors of the town of Tiverton have approved authorizing a facility owned by Twin River-Tiverton, LLC and located at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton to be licensed as a pari-mutuel facility and offer state-operated, video-lottery games and state-operated casino gaming, such as table games.”

Referendum approved. The qualified voters of the state and the qualified electors of the town of Tiverton approved the Tiverton referendum question at the November 8, 2016 general election.

41-7-4. Power and duties of the division of gaming and athletics licensing.

In addition to the other powers conferred upon the division of gaming and athletics licensing, the division shall carry out the provisions of this chapter, and to that end, the division may:

  1. Personally or by agent, supervise and check the making of pari-mutuel pools and wagers and the distribution therefrom;
  2. Fix and set the dates within which any fronton may be operated; provided, however, there shall be at least one hundred (100) days annually of the operation; and
  3. Require any applicant for a permit to operate a fronton to file an application under oath setting forth:
    1. The full name of the person, firm, corporation, or association, and if a corporation, the name of the state under which it is incorporated, as well as the names of the officers, directors, and stockholders of the corporation, and their places of residence, or if an association, the name and residence of the members of the association;
    2. The exact location where it is desired to operate a fronton exhibiting the Spanish sport jai alai or pelota;
    3. Whether or not the fronton is owned or leased, and if leased, the name, residence, and address of the owners or lessees, or if the owner or lessee be a corporation, the name and address of the officers, directors, and stockholders thereof;
    4. A statement of the assets and liabilities of the person, firm, corporation, or association making application for the division permit;
    5. Such other information as the division may require.

History of Section. P.L. 1973, ch. 48, § 1; P.L. 1997, ch. 326, § 150.

Cross References.

Duties of the division of gaming and athletics licensing, generally, § 41-1-2 .

41-7-5. Wagers and pari-mutuel pools permitted within enclosure of fronton.

Within the enclosure of any fronton licensed and conducted under this chapter but not elsewhere, wagering on the respective scores or points of the game of jai alai or pelota and the sale of pari-mutuel pools under such regulation as the division of gaming and athletics licensing shall prescribe, are hereby authorized and permitted, including, but not limited to, those forms of wagering known as daily double, perfecta, quinella, and trifecta.

History of Section. P.L. 1973, ch. 48, § 1.

41-7-5.1. Sale or purchase of twin double tickets.

The sale or purchase of twin double tickets or attempting to aid or abet in the sale or purchase of twin double tickets through solicitation of patrons attending, other than through pari-mutuel machines, is prohibited. Any person violating the provisions of this section shall be denied admission to the fronton and may be prosecuted. Persons convicted of violating the provisions of this section shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for up to one year or both.

History of Section. P.L. 1979, ch. 294, § 2.

41-7-6. Tax on betting and licensee’s commission.

  1. The commission of a licensee on pari-mutuel pools and wagers shall be twenty and one-half percent (201/2%) of the amount contributed thereto. After deducting the commission and the “breaks,” hereafter defined, a pari-mutuel pool shall be redistributed to the contributors. The licensee conducting events pursuant to this chapter shall pay a tax to the state of three percent (3%) of annual amounts contributed to mutuel pools up to eighteen million dollars ($18,000,000) of total handle. The Rhode Island tax shall increase one-half of one percent (.5%) for the next incremental increase of two million dollars ($2,000,000), and one-half of one percent (.5%) for each incremental increase of one million dollars ($1,000,000), thereafter, in the total annual pool up to a maximum of five percent (5%). The licensee shall pay a tax of one percent (1%) of the pool to the city of Newport, and the tax administrator/collector or equivalent for the city of Newport shall assess and collect the taxes imposed by this section with respect to the city of Newport under such rules and regulations as he or she may prescribe. All taxes hereby imposed shall be due and payable at the close of each day’s activities, and any tax not paid upon demand of the tax administrator/collector shall bear interest at the rate of six percent (6%) per annum for the time of the demand. Failure to pay any tax upon demand shall be cause for revocation of a license.
  2. Redistributions of funds otherwise distributable to the contributors to the pari-mutuel pools shall be a sum equal to the next lowest multiple of ten (10).
  3. No distribution of a pari-mutuel pool shall be made of the odd cents of any sum otherwise distributable, which odd cents shall be known as the “breaks.”
  4. The “breaks” shall be known as the difference between the amount contributed to a pari-mutuel pool and the total of the commission of the licensee and the sums actually redistributed to the contributors.
  5. No person or corporation shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for any gratuity and no person shall purchase any part of a pari-mutuel pool through another, wherein he or she gives or pays directly or indirectly the other person anything of value, and any person violating this section shall be fined the sum of five hundred dollars ($500) for each violation.

History of Section. P.L. 1973, ch. 48, § 1; P.L. 1983, ch. 210, § 1; P.L. 1991, ch. 24, § 1; P.L. 1992, ch. 16, § 2; P.L. 1994, ch. 362, § 1; P.L. 1994, ch. 412, § 1.

41-7-7. Distribution of funds — Applicability of chapters 3 and 4 of this title.

All money mentioned in this chapter derived from taxes on wagers and pari-mutuel pools shall be disbursed by the state treasurer pursuant to chapter 4 of this title. Except as is inconsistent with this chapter, the provisions of chapters 3 and 4 of this title shall apply to the sport of jai alai.

History of Section. P.L. 1973, ch. 48, § 1; P.L. 1997, ch. 326, § 150.

41-7-8. Tax on breaks — Distribution.

  1. A tax is hereby levied upon every pari-mutuel pool conducted at the fronton for the exhibition of the Spanish ball game known as jai alai in Newport authorized by law so to do, equal to fifty percent (50%) of the “breaks” as defined in the above.
  2. It shall be the duty of every fronton licensee to pay unto the state treasurer the tax hereby levied and the licensee shall be liable therefor.

History of Section. P.L. 1973, ch. 48, § 1.

41-7-9. Leases of city properties.

The city of Newport is hereby authorized to enter into a lease of city property for a period not to exceed thirty-five (35) years with an application to the division of gaming and athletics licensing for a license to conduct jai alai.

History of Section. P.L. 1973, ch. 48, § 1.

41-7-10. Licensing of concessionaires, vendors, pari-mutuel totalizator companies.

  1. All persons, firms, partnerships, associations, or corporations desiring to operate any concession allied to any fronton, shall apply for a license to the division of racing and athletics, on such forms and in such a manner as prescribed by regulations. The division by regulations shall establish other occupational licensing for all employees of the concessions, all pari-mutuel employees, and all persons employed in any other capacity by the fronton management.
  2. All persons, firms, partnerships, associations, or corporations employed by the fronton management in providing pari-mutuel totalizator computer services for pari-mutuel computations, shall apply for a license to the division upon such forms and in such manner as prescribed by regulations of the division. All employees of the pari-mutuel totalizator computer companies shall be licensed by the division on forms prescribed by regulations of the division.
  3. In determining whether to grant a license pursuant to this section the division may require the applicant to submit information as to: financial standing and credit; moral character; criminal record, if any; previous employment; corporate, partnership, or association affiliations; ownership of personal assets; and such other information as it deems pertinent to the issuance of the license. The division may reject for good cause an application for a license, and it may suspend or revoke for good cause any license issued by it after a hearing held in accordance with chapter 35 of title 42; subject to further appeal procedures provided by § 41-2-3 .
  4. Issuance of license and the payment of annual fees shall be the same in accordance with the following schedule:
    1. Concessionaires and vendors$200 (2) Occupational license Player license10.00 Ball maker10.00 Player/manager10.00 Jai alai judge10.00 (3) Vendor or concessionaire employee10.00 (4) Pari-mutuel employees10.00 (5) Employees of fronton management10.00 (6) Pari-mutuel totalizator companies200 (7) Pari-mutuel totalizator company employees10.00 (8) Security employees10.00
  5. All individual applicants for licensing under this section shall be fingerprinted, and, upon obtaining a license, shall wear upon his or her outer apparel a photo identification badge, issued or authorized by the division of racing and athletics under rules and regulations promulgated by the division.

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History of Section. P.L. 1981, ch. 307, § 2; P.L. 1993, ch. 138, art. 62, § 7.

41-7-11. Conclusion of Saturday performances.

Notwithstanding the provisions of chapter 6 of this title, any jai alai game played within the enclosure of any fronton licensed and conducted pursuant to this chapter, commencing on a Saturday evening and not concluded before twelve (12) o’clock midnight, shall not be permitted to be played beyond one o’clock in the morning of the first day of the week.

History of Section. P.L. 1984, ch. 188, § 1.

41-7-12. [Repealed.]

History of Section. P.L. 1988, ch. 417, § 1; Repealed by P.L. 1991, ch. 24, § 2, effective March 1, 1991.

Compiler’s Notes.

Former § 41-7-12 concerned the capital improvement fund.

Chapter 8 Responsibility and Liability of Ski Operators and Skiers

41-8-1. Duties of ski area operators.

It shall be the duty of a ski area operator to comply with the following requirements and regulations:

  1. Whenever maintenance equipment is being employed upon any trail or slope while the trail or slope is open to the public, the ski operator shall place, or cause to be placed, notice to that effect at or near the top of any tramway or surface lift servicing any trail or slope in the area being maintained.
  2. The ski area operator shall also have the duty to maintain and to identify all trail maintenance vehicles and to furnish the vehicles with flashing or rotating lights, which lights shall be operated during the time that the vehicles are working the trails or slopes, and likewise during the time the vehicle is in movement from its normal and customary storage location to any other point within the ski area.
  3. With respect to the emergency use of motor driven vehicles within the ski area, including, but not limited to, uses for purposes of removing injured or stranded skiers, or performing emergency maintenance or repair work to slopes, trails, or tramway equipment, the ski area operator shall not be required to post such signs as is required by subsection (1), but shall be required to maintain such lighting equipment required by subsection (2).
  4. All snowmobiles operated on the trails or slopes of the ski area shall be equipped with a lighting device, which device shall be in operation while the vehicle is in operation.
  5. The ski area shall likewise have the responsibility to mark the location of any hydrants used in snowmaking operations and located within or upon a slope or trail.
  6. Ski area operators shall maintain and operate, or cause to be maintained and operated, the ski areas under the control in a reasonably safe condition or manner, and shall be required to maintain a sign system on all buildings, tramways, ski trails, and slopes.

History of Section. P.L. 1978, ch. 116, § 1.

Comparative Legislation.

Liability of ski lift operators:

Conn. Gen. Stat. § 29-201 et seq.

Mass. Ann. Laws ch. 143, § 71H et seq.

Collateral References.

Ski resort’s liability for skier’s injuries resulting from condition of ski run or slope. 55 A.L.R.4th 632.

41-8-2. Duties of a skier.

  1. It shall be the duty of each skier to conduct himself or herself within the limitation of his or her ability, and to do no act or thing that can contribute to the injury of him or herself or others.
  2. No skier shall:
    1. Embark or disembark upon a ski lift except at a designated area and during designated hours of operation;
    2. Throw or expel any object from any tramway, ski lift, skimobile, or other similar device while riding on the device;
    3. Act in any manner while riding on a rope tow, wire rope tow, j-bar, t-bar, ski lift, or similar device that may interfere with the proper or safe operation of the lift or tow;
    4. Willfully engage in any type of conduct that may injure any person, or place any object in the uphill ski track that may cause another to fall, while traveling uphill on a ski lift; or
    5. Cross the uphill track of a j-bar, t-bar, rope tow, wire rope tow, or other similar device except at designated locations.
  3. Every skier shall maintain control of his or her speed and course at all times, and shall stay clear of any snowgrooming equipment, any vehicle, any lift tower, any snowmaking equipment, and any other equipment.
  4. A skier shall be the sole judge of his or her ability to negotiate any cross country track, trail, or slope.
  5. A skier shall be the sole judge of his or her ability to negotiate any downhill track, trail, or slope.
  6. Any skier who boards a rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device, shall be presumed to have sufficient abilities to use the device, and shall follow any written or verbal instructions that are given regarding its use.
  7. A skier skiing downhill shall have the primary duty to avoid any collision with any other skier below him or her, and except as otherwise provided in this chapter, the responsibility for collisions by any skier with any other skier or person shall be solely that of the skier or skiers or person involved and not that of the operator;
  8. No spectators are to be allowed on areas specifically designated as skiing areas.
  9. Any person skiing on other than improved trails or slopes within the area shall be responsible for any injuries resulting from his or her action.
  10. Any skier embarking on a lift or tow without authority of the operator shall be guilty of trespassing.
  11. All skiers shall, prior to their entrance onto the trails or slopes, or embarking on any lift or tramway, have attached or on their skis, a device for the purpose of restraining or preventing a runaway ski.
  12. No skier shall ski on a slope or trail or portion thereof which has been designated closed, nor ski on other than identified trails, slopes, or trail areas.
  13. The primary responsibility for the collision with any obstruction, man made or otherwise, shall be that of the skier and not that of the operator.
  14. Any owner, manager, or employee of any ski area who finds a person in violation of this section, may first issue a verbal warning to that individual or suspend his or her recreational tramway privileges. Any person who fails to heed the warning issued by the owner or employee or agent of the operator shall forfeit his or her recreational tramway ticket and recreational tramway use privileges and be refused issuance of another ticket to the recreational tramway.

History of Section. P.L. 1978, ch. 116, § 1.

Collateral References.

Skier’s liability for injuries to or death of another person. 75 A.L.R.5th 583.

41-8-3. Leaving the scene of an accident.

Any person who is involved in a skiing accident and who departs from the scene of the accident without leaving personal identification or otherwise clearly identifying himself or herself before notifying the proper authorities or obtaining assistance, knowing that any other person involved in the accident is in need of medical or other assistance, shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars ($200).

History of Section. P.L. 1978, ch. 116, § 1.

41-8-4. Severability.

The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.

History of Section. P.L. 1978, ch. 116, § 1.

Chapter 9 Establishment and Extension of Gambling Activities and Other Facilities

41-9-1. “Gambling” and “gambling facilities” defined.

  1. As used in this chapter, the term “gambling” shall include, but not be limited to, horseracing, dog racing, and jai alai; however, casino gaming shall be governed by the provisions of chapter 9.1 of this title [repealed], and chapters 61, 61.2, and 61.3 of title 42. The term “gambling facility” as used in this chapter means a building or enclosure in which any gambling activity including, but not limited to, the foregoing is played or conducted.
  2. The term “gambling facility” shall also include any building, enclosure, or other improvement designed, constructed, or used in connection with an overall plan or project involving the establishment of any gambling activity; provided, however, that this sentence shall not apply to any gambling facility licensed prior to July 3, 1998.

History of Section. P.L. 1981, ch. 233, § 4; P.L. 1998, ch. 134, § 1; P.L. 2004, ch. 594, § 1; P.L. 2006, ch. 216, § 38; P.L. 2013, ch. 106, § 1; P.L. 2013, ch. 107, § 1.

Collateral References.

Validity of statute or ordinance prohibiting or regulating bookmaking or pool selling. 80 A.L.R.4th 1079.

41-9-2. Financial disclosure by promoter.

  1. By the first Monday in August prior to the general election at which the question of the establishment or extension of any gambling activity or facility is presented to the electorate, all persons and/or corporations promoting or having an interest of five percent (5%) or greater in the activity or facility shall file with the ethics commission the financial statement provided by the commission which shall conform with the requirements of § 36-14-16 . If the person and/or corporation acquire an interest of five percent (5%) or greater after the first Monday in August, that person and/or corporation shall file the financial statement within seven (7) days after acquiring the interest.
  2. The duty to file the financial statement shall be a continuing duty and shall be required of any and all persons and/or corporations who or that have or will have an interest of five percent (5%) or greater in an activity and/or facility.

History of Section. P.L. 1981, ch. 233, § 4; P.L. 1998, ch. 419, § 1.

41-9-3. Disclosure of regulated business interests.

Every person who is required to file a financial statement pursuant to this chapter and who has, or within the preceding three (3) years divests himself or herself of, five percent (5%) or greater equity interest in a business entity that is subject to regulation by this chapter, by a state or municipal agency, shall file with the ethics commission annually an affidavit:

  1. Identifying himself or herself and stating the capacity in which he or she serves, or is about to serve, that occasions the filing of the affidavit;
  2. Identifying the business entity (or each business entity) and all the principals thereof known to him or her;
  3. Stating the nature of his or her interest in the business entity and that of all the principals thereof known to him or her;
  4. Identifying all those persons and/or corporations known to him or her providing any financing for the business entity.

History of Section. P.L. 1981, ch. 233, § 4; P.L. 1998, ch. 419, § 1.

41-9-4. Town and state election on establishment of facility.

  1. Before a gambling facility shall be established in any town or city, the town council of the town or the city council of the city shall comply with the following procedure:
    1. Upon receipt of a resolution from the town council of the town or the city council of the city, for a referendum to establish a gambling facility and/or activity, the general assembly shall determine, by passage of an act, whether to allow a referendum on the establishment of the gambling facility and/or activity.
    2. Upon passage of an act to allow a referendum for the establishment of the gambling facility and/or activity, the town council of the town or the city council of the city shall pose, by adopting a resolution to be placed on the ballot at the next general election to be submitted to the qualified electors of the town or city and to the qualified electors of the state, the following question: “Shall a gambling facility and/or activity be established in the town (or city) of             ?”
  2. The question shall be submitted by the local board of canvassers to the electors of the town or city where the facility or activity is to be located, and the results of the election shall be certified to the secretary of state.
  3. The question shall be submitted by the secretary of state to the qualified electors of the state at the same general election and the secretary of state shall certify the election results.
  4. The affirmative vote of the subject town or city and the electors of the state shall be necessary for the approval of the question, and if consent be thus given, all rules and regulations shall be promulgated in accordance with the authority conferred upon the general assembly in R.I. Const., Art. VI, Sec. XV .

History of Section. P.L. 1981, ch. 233, § 4; P.L. 1990, ch. 508, § 1; P.L. 1998, ch. 29, § 1; P.L. 2006, ch. 216, § 38; P.L. 2016, ch. 5, § 12; P.L. 2016, ch. 6, § 12.

Compiler’s Notes.

P.L. 2016, ch. 5, § 4, and P.L. 2016, ch. 6, § 4, provide: “Nothing in this act shall abrogate or diminish the powers of the state, through the division of state lottery, to conduct and control video lottery terminals pursuant to chapter 61.2 of title 42.”

NOTES TO DECISIONS

Adopting a Resolution.

Adoption of a resolution by the city council, which was vetoed by the mayor and which veto was not overridden by the city council, was not an “adoption of a resolution” within the meaning of this section. Langevin v. Begin, 683 A.2d 357, 1996 R.I. LEXIS 236 (R.I. 1996).

41-9-5. Penalties.

Any person who knowingly and willfully violates the provisions of this chapter shall be guilty of a felony herein and punished by a fine of not more than five thousand dollars ($5,000) and/or imprisonment for no longer than five (5) years for each violation.

History of Section. P.L. 1981, ch. 233, § 4.

41-9-6. Applicability.

The provisions of this chapter shall specifically apply to any facility licensed pursuant to chapter 7 of this title prior to any casino gambling activity being licensed on the premises of the facility.

History of Section. P.L. 1991, ch. 110, § 1.

Chapter 9.1 The Rhode Island Gaming Control and Revenue Act [Repealed.]

41-9.1-1. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-1 concerned title of chapter.

41-9.1-2. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-2 concerned legislative findings.

41-9.1-3. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-3 concerned definitions.

41-9.1-4. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-4 concerned the state lottery division, members, employees, agents, and powers and duties.

41-9.1-5. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-5 concerned state lottery division, jurisdiction and powers.

41-9.1-6. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-6 concerned division of state police, jurisdiction and powers.

41-9.1-7. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-7 concerned appropriation and reimbursement.

41-9.1-8. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-8 concerned casino gaming authorized.

41-9.1-9. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-9 concerned state and local referendum election.

41-9.1-10. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-10 concerned content of proposal.

41-9.1-11. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-11 concerned issuance of single casino license.

41-9.1-12. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-12 concerned wagering and other related taxes and fees.

41-9.1-13. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-13 concerned state lottery division and other approvals necessary for construction of casino.

41-9.1-14. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-14 concerned promulgation of operational rules and regulations.

41-9.1-15. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-15 concerned gaming and non-gaming supplier permits and gaming employee permits required; terms.

41-9.1-16. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-16 concerned gaming supplier permits.

41-9.1-17. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-17 concerned non-gaming supplier permits.

41-9.1-18. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-18 concerned key gaming employee and key gaming employee permit.

41-9.1-19. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-19 concerned license, permit and registration as revocable privilege; rights, limitations and prohibitions; revocation and suspension; penalties for violation.

41-9.1-20. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-20 concerned records of state lottery division deemed open, exceptions.

41-9.1-21. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-21 concerned restricted use agreements and confidentiality of records.

41-9.1-22. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-22 concerned standards for license, permit and registration issuance suitability qualifications.

41-9.1-23. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-23 concerned casino license and disqualification criteria.

41-9.1-24. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-24 concerned institutional investors or institutional lenders.

41-9.1-25. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-25 concerned uniform compulsive and problem gambling program.

41-9.1-26. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-26 concerned state lottery division designated excluded persons.

41-9.1-27. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-27 concerned advertising and compulsive gambling information.

41-9.1-28. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-28 concerned exclusion or ejection of persons.

41-9.1-29. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-29 concerned making false statements relating to gaming.

41-9.1-30. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-30 concerned use of device to obtain advantage at casino game; forfeiture; notice.

41-9.1-31. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-31 concerned unlawful use of bogus chips or gaming billets, marked cards, dice, cheating devices, unlawful coins; penalty.

41-9.1-32. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-32 concerned cheating games, devices in a licensed casino and penalty.

41-9.1-33. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-33 concerned skimming of gaming proceeds

41-9.1-34. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-34 concerned conduct subject to civil penalty.

41-9.1-35. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-35 concerned property subject to seizure, confiscation, destruction, or forfeiture.

41-9.1-36. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-36 concerned prohibited conduct; violation as felony; violation as misdemeanor; penalties; presumption and venue.

41-9.1-37. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-37 concerned sale of alcoholic beverages.

41-9.1-38. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-38 concerned legal shipments of gaming devices into the state.

41-9.1-39. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-39 concerned declaration of state’s exemption from operation of provisions of 15 U.S.C. § 1172.

41-9.1-40. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-40 concerned smoking.

41-9.1-41. [Repealed.]

History of Section. P.L. 2004, ch. 594, § 2; Repealed by P.L. 2013, ch. 106 § 2, effective June 18, 2013; P.L. 2013, ch. 107, § 2, effective June 18, 2013.

Compiler’s Notes.

Former § 41-9.1-41 concerned severability.

Chapter 10 Offtrack Betting

41-10-1. License required for offtrack betting.

No person, association, or corporation shall hold or conduct offtrack betting on any racing event for any stake, purse, or reward, except a person, association, or corporation as shall be licensed by the division of gaming and athletics licensing, as provided by this chapter, and as approved by the voters, as required by this chapter.

History of Section. P.L. 1990, ch. 512, § 1; P.L. 1997, ch. 326, § 151; P.L. 2016, ch. 528, § 7.

41-10-2. City elections on establishment of offtrack betting.

  1. Notwithstanding any other provisions of law, before an offtrack betting facility shall be established in the city of Pawtucket, the question “Shall an offtrack betting facility be located in the city of Pawtucket, the state proceeds from which shall be paid directly to the cities and towns for the relief of property taxes?”
  2. This resolution shall be placed on the ballot at the next general election to be submitted to the qualified electors of the city of Pawtucket, and the state.
  3. The question shall be submitted by the local board of canvassers to the electors of the city of Pawtucket, and the results of the election shall be certified to the secretary of state.
  4. The question shall be submitted by the secretary of state to the qualified electors of the state at the same general election and the secretary of state shall certify the election results.
  5. The affirmative vote of the city of Pawtucket and the electors of the state shall be necessary for the approval of the question, and if such consent be thus given, all further regulations shall rest with the division of gaming and athletics licensing.

History of Section. P.L. 1990, ch. 512, § 1.

41-10-3. Application for license — Action by division of gaming and athletics licensing.

  1. Any person, association, or corporation desiring to conduct pari-mutuel wagering at an offtrack betting facility on any racing event shall apply to the division for a license on forms provided by the division. The application shall specify the days on which betting is to be conducted; the location of the betting facility; and other information as may be required by the division. The division may also require any person, association, or corporation to give information as to their or its financial standing and credit. The division shall have the right to reject any applications for a license for any cause that it may deem sufficient. Applicants aggrieved by a decision or order of the division shall have the right to an appeal to the racing and athletics board pursuant to chapter 2 of this title. The division shall allow an offtrack betting facility to be open seven (7) days a week. On each day of the week, the offtrack facility licensee may import racing programs from one or more out-of-state racetracks in a manner to be approved by the division.
  2. Definition of an “offtrack betting facility”: An offtrack betting facility shall be a full-service betting facility offering foods and beverage services plus other amenities, containing a minimum of ten thousand square feet (10,000 sq. ft.), providing audio/visual signals of horse racing programs via approved telecommunication and totalizator systems.

History of Section. P.L. 1990, ch. 512, § 1.

41-10-4. Powers and duties of division.

In addition to the powers already granted to the division, the division shall have the power and it shall be its duty to supervise and administer the operation of offtrack betting in accordance with this chapter and with the rules and regulations of the division.

History of Section. P.L 1990, ch. 512, § 1.

41-10-5. Licensing restrictions.

  1. The division shall refuse to grant a license, or shall suspend a license, if the applicant or licensee:
    1. Has been convicted of a felony;
    2. Has engaged in illegal gambling as a significant source of income;
    3. Has been convicted of violating any gambling statutes;
    4. Has been convicted of fraud or misrepresentation in any connection; or
    5. Has been found to have violated any rule, regulation, or order of the division.
  2. The license heretofore issued shall be suspended by the division for any charge that may result in a conviction or conduct prescribed in subsections (a)(1) through (a)(5); which suspension shall be effective until a final judicial determination.
  3. The division shall refuse to grant, or the division shall suspend, pending a hearing before the division, a license if the applicant or licensee is an association or corporation:
    1. Any of whose directors, officers, partners, or shareholders holding a five percent (5%) or greater interest have been found guilty of any of the activities specified in subsection (a); or
    2. In which it appears to the division that due to the experience, character, or general fitness of any director, officer, or controlling partner, or shareholder, the granting of a license would be inconsistent with the public interest, convenience, or trust.
  4. Whenever requested by the division, the division of criminal identification of the department of the attorney general, the superintendent of state police, and the superintendent or chief of police or town sergeant of any city or town, shall furnish all information on convictions, arrests, and present investigations concerning any person who is an applicant for a license or who is a licensee under this chapter.

History of Section. P.L. 1990, ch. 512, § 1; P.L. 1997, ch. 326, § 151; P.L. 2021, ch. 400, § 25, effective July 13, 2021; P.L. 2021, ch. 401, § 25, effective July 13, 2021.

Compiler's Notes.

P.L. 2021, ch. 400, § 25, and P.L. 2021, ch. 401, § 25 enacted identical amendments to this section.

41-10-6. Host community fee.

The city of Pawtucket shall receive as host community fee one percent (1%) of the amount contributed to the mutuel pools.

History of Section. P.L. 1990, ch. 512, § 1.

41-10-7. Offtrack betting taxes and commissions.

  1. Each licensee conducting wagering in an offtrack betting facility under the pari-mutuel system shall pay to the state, and there is hereby imposed, a tax on such events at the rate of:
    1. Three and one-half percent (3.5%) of the total money wagered thereon on win, place, and show wagers;
    2. Four percent (4%) on multiple wagers therein involving two (2) animals; and
    3. Four and one-half percent (4.5%) on exotic wagers therein involving three (3) or more animals.
  2. Where the division has approved the commingling of wagers placed at the offtrack betting facility into similar wagering pools at a host facility where the racing event is conducted, each licensee conducting wagering in an offtrack betting facility may retain as his or her licensee’s commission an amount equal to the takeout at the host facility. Where commingling of wagers does not occur the division shall be:
    1. Eighteen percent (18%) of the amount wagered therein on win, place, and show wagers;
    2. Twenty percent (20%) on multiple wagers therein involving two (2) animals;
    3. Twenty-five percent (25%) on exotic wagers therein involving three (3) or more animals; and
    4. One-half (1/2) of the breakage to the dime resulting from the betting shall be paid to the division to support the division in accordance with § 41-4-4.1 . The remaining breakage shall be retained by the licensee.
  3. Offtrack betting licensees may impose a surcharge on winning wagers of up to five and one-half percent (5.5%) to offset telecommunications costs and the cost of acquiring racing signals.

History of Section. P.L. 1990, ch. 512, § 1.

41-10-8. Payment by state to cities and towns — State aid formula.

The offtrack betting tax payable to the state under § 41-10-7(a)(1) , (2), and (3) shall be paid directly by the state to the cities and towns of the state in accordance with the state aid formula as set out in § 45-13-1 , and these funds shall be used by the cities and towns as a direct reduction against the residential tax rate.

History of Section. P.L. 1990, ch. 512, § 1.

Chapter 11 Simulcast Programs from Licensed Betting Facilities

41-11-1. Definitions.

For the purpose of this chapter, the following words shall mean:

  1. “Day” means the normal business day of the facility on which the licensee may conduct multiple programs.
  2. “Licensee” means an entity licensed pursuant to chapters 3.1 and 7 of this title.
  3. “Simulcast” means the live television broadcast of programs, either interstate or intrastate, to a licensee of a licensed facility within the state. The program must be sanctioned and/or licensed in the state of origin.

History of Section. P.L. 1991, ch. 44, art. 61, § 1; P.L. 1992, ch. 16, § 1.

41-11-2. Simulcast.

  1. Notwithstanding the provisions of § 41-4-2 as to location of programs only, a licensee may enter into a contract with any licensed racing association to simulcast programs from the facility on certain racing days.
  2. A licensee may simulcast programs for all or a portion of the days and times that video lottery games are offered at the licensee’s facility.
  3. A licensee shall obtain a permit from the division of gaming and athletics licensing.
  4. A licensee may accept pari-mutuel wagering on the simulcast at the licensed facility and not at any other location.
  5. Notwithstanding the provisions of any general law, public law, or local ordinance to the contrary, including without limitation the provisions contained in §§ 5-23-2(d) , 25-3-2 and 25-3-3 , a licensee, other than an entity licensed pursuant to § 41-7-3(a) and (c), shall not be required to provide employees time and a half pay for the work performed during Sundays and holidays.

History of Section. P.L. 1991, ch. 44, art. 61, § 1; P.L. 1992, ch. 16, § 1; P.L. 1994, ch. 70, art. 9, § 1; P.L. 2016, ch. 305, § 1; P.L. 2016, ch. 325, § 1; P.L. 2016, ch. 528, § 8.

NOTES TO DECISIONS

Interstate Wagers.

In action under federal law for preliminary injunction to restrain the operator of a greyhound racetrack from accepting interstate wagers on simulcast horseracing absent the approval of the operator of a live horseracing race course which brought the action, plaintiff’s motion was denied and defendant’s motion for summary judgment was granted. Sterling Suffolk Racecourse Ltd. Partnership v. Burrillville Racing Ass'n, 802 F. Supp. 662, 1992 U.S. Dist. LEXIS 15465 (D.R.I. 1992), aff'd, 989 F.2d 1266, 1993 U.S. App. LEXIS 6017 (1st Cir. 1993).

Public Referendum.

This chapter does not require public approval by way of referendum before the division may license simulcasting in already existing gambling facilities. Burns v. Sundlun, 617 A.2d 114, 1992 R.I. LEXIS 210 (R.I. 1992).

41-11-3. Taxes and commissions.

  1. Each licensee conducting wagering in a simulcast betting facility under the pari-mutuel system shall pay to the state, and there is hereby imposed, a tax on such programs at the rate of:
    1. Four percent (4%) of the total money wagered thereon on win, place, and show wagers;
    2. Four percent (4%) on multiple wagers therein involving two (2) animals; and
    3. Five and one-half percent (5.5%) on exotic wagers therein involving three (3) or more animals.
  2. Where the division has approved the integration of wagers placed at the simulcast facility into similar wagering pools at a host facility where the program is conducted, each licensee conducting wagering in a simulcast betting facility may retain as his or her commission an amount equal to the takeout at the host facility of which one and four-tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of this title. This tax structure shall apply to any transmission of programs between licensed facilities within the state. Where integration of wagers does not occur the division shall be:
    1. Twenty percent (20%) of the amounts wagered on win, place, and show wagers, of which one and four-tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of this title.
    2. Twenty percent (20%) of the amounts wagered on multiple wagers involving two (2) animals, of which one and four-tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of this title.
    3. Twenty-five percent (25%) of the amounts wagered on exotic wagers involving three (3) or more animals, of which one and four-tenths percent (1.4%) shall be paid to the kennel owners at facilities licensed pursuant to chapter 3.1 of this title.
    4. One-half (1/2) of the breakage to the dime resulting from the betting shall be deposited as general revenues. The remaining breakage shall be retained by the licensee.
  3. The amount of unclaimed money that shall hereafter be held by any licensee, on account of outstanding and uncashed winning tickets, shall, at the expiration of one year after the close of the meeting during which the tickets were issued, be paid into the general fund of the state.
  4. Notwithstanding any other provision of law, money wagered on the simulcast of intrastate and interstate programs, as provided in this chapter, shall be subject only to the tax imposed in this section, and provided further, where there is interstate transmission of signals in accordance with national practice, the tax shall be levied in the receiving state only.

History of Section. P.L. 1991, ch. 44, art. 61, § 1; P.L. 1992, ch. 16, § 1; P.L. 1995, 370, art. 40, § 126; P.L. 1996, ch. 215, § 1; P.L. 1996, ch. 402, § 1; P.L. 1997, ch. 326, § 152.

41-11-4. Admission of minors prohibited.

No person who is under the age of eighteen (18) years shall be admitted into a building where pari-mutuel betting or simulcast is taking place, unless the person is an employee of a licensed concessionaire or licensed vendor and performing his or her duties of employment.

History of Section. P.L. 1992, ch. 16, § 3.